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Case TitleJustice & Diversity Center of the Bar Association of San Francisco v. United States Department of Homeland Security et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2019cv04533
Date Filed2019-08-02
Date ClosedOpen
JudgeMagistrate Judge Laurel Beeler
PlaintiffJustice & Diversity Center of the Bar Association of San Francisco
Case DescriptionThe Justice & Diversity Center of the Bar Association of San Francisco submitted a FOIA request to the Department of Homeland Security for records concerning the agency's Institutional Hearing Program designed to speed up deportation proceedings, and its impact on people placed in IHP. The agency acknowledged receipt of the request. After the agency failed to respond within the statutory deadline, the Center filed an administrative appeal. The agency then responded and granted the Center's request for a fee waiver. The Center once again filed an administrative appeal of the agency's inaction in responding to its request. After hearing nothing further from the agency the Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-08-021COMPLAINT for Declaratory and Injunctive Relief Under the Freedom of Information Act against United States Department of Homeland Security, United States Immigration and Customs Enforcement (Filing fee $ 400.00, receipt number 0971-13578012.). Filed by Justice & Diversity Center of the Bar Association of San Francisco. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Civil Cover Sheet Attachment: See Corrected Civil Cover Sheet as dkt. 3 :) (Weissman Ward, Lisa) (Filed on 8/2/2019) (Linked) Modified on 8/5/2019 (cfeS, COURT STAFF). Modified on 8/6/2019 (gbaS, COURT STAFF). (Entered: 08/02/2019)
2019-08-022Proposed Summons. (Weissman Ward, Lisa) (Filed on 8/2/2019) (Entered: 08/02/2019)
2019-08-05Electronic Filing Error Incorrect Revision of the Civil Cover Sheet - Current Revision is JS-CAND44 (Rev. 07/19) . This filing will not be processed by the Clerk's Offi ce and no judge assignment will be made until this document is e-filed. Submit your document using Civil Events > Other Filings > Other Documents > Civil Cover Sheet and LINK it to the complaint. Re: 1 Complaint, filed by Justice & Diversity Center of the Bar Association of San Francisco (cfeS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-053Corrected Civil Cover Sheet to the Complaint 1 by Justice & Diversity Center of the Bar Association of San Francisco . (Weissman Ward, Lisa) (Filed on 8/5/2019)(Linked) Modified on 8/5/2019 (cfeS, COURT STAFF). (Entered: 08/05/2019)
2019-08-054Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 8/19/2019. (cfeS, COURT STAFF) (Filed on 8/5/2019) (Entered: 08/05/2019)
2019-08-065Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/28/2019. Initial Case Management Conference set for 11/4/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. (gbaS, COURT STAFF) (Filed on 8/6/2019) (Entered: 08/06/2019)
2019-08-066Summons Issued as to United States Department of Homeland Security, United States Immigration and Customs Enforcement. (gbaS, COURT STAFF) (Filed on 8/6/2019) (Entered: 08/06/2019)
2019-08-077Certificate of Interested Entities by Justice & Diversity Center of the Bar Association of San Francisco (Weissman Ward, Lisa) (Filed on 8/7/2019) (Entered: 08/07/2019)
2019-08-078CERTIFICATE OF SERVICE by Justice & Diversity Center of the Bar Association of San Francisco Proof of Service (Weissman Ward, Lisa) (Filed on 8/7/2019) (Entered: 08/07/2019)
2019-08-199CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Justice & Diversity Center of the Bar Association of San Francisco.. (Weissman Ward, Lisa) (Filed on 8/19/2019) (Entered: 08/19/2019)
2019-09-1110CERTIFICATE OF SERVICE by Justice & Diversity Center of the Bar Association of San Francisco (Weissman Ward, Lisa) (Filed on 9/11/2019) (Entered: 09/11/2019)
2019-10-0311STIPULATION AND [PROPOSED] ORDER to Continue Initial Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Wang, Jennifer) (Filed on 10/3/2019) (Entered: 10/03/2019)
2019-10-0412CLERK'S NOTICE Re: Consent or Declination: Plaintiffs/Defendants shall file a consent or declination to proceed before a magistrate judge by 10/18/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 10/4/2019) (Entered: 10/04/2019)
2019-10-0813ORDER by Magistrate Judge Sallie Kim granting 11 Stipulation to Continue Case Management Conference. Case Management Statement due by 12/9/2019. Initial Case Management Conference reset for 12/16/2019 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 10/8/2019) (Entered: 10/08/2019)
2019-10-1514ANSWER to Complaint filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Wang, Jennifer) (Filed on 10/15/2019) (Entered: 10/15/2019)
2019-10-1815CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Homeland Security, United States Immigration and Customs Enforcement.. (Wang, Jennifer) (Filed on 10/18/2019) (Entered: 10/18/2019)
2019-12-0916INITIAL JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Wang, Jennifer) (Filed on 12/9/2019) (Entered: 12/09/2019)
2019-12-0917Stipulation to Continue Initial Case Management Conference & [Proposed] Order filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Wang, Jennifer) (Filed on 12/9/2019) (Entered: 12/09/2019)
2019-12-1018ORDER by Magistrate Judge Sallie Kim granting 17 Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 2/3/2020. Further Case Management Conference reset for 2/10/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 12/10/2019) (Entered: 12/10/2019)
2020-01-3119JOINT STATUS REPORT AND STIPULATION AND [PROPOSED] ORDER to Continue Initial Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Wang, Jennifer) (Filed on 1/31/2020) (Entered: 01/31/2020)
2020-02-0320ORDER by Magistrate Judge Sallie Kim granting 19 Joint Stipulation to Continue Initial Case Management Conference. Case Management Statement due by 3/16/2020. Initial Case Management Conference reset for 3/23/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 2/3/2020) (Entered: 02/03/2020)
2020-03-0421ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 3/4/2020) (Entered: 03/04/2020)
2020-03-0622ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Weissman Ward, Lisa) (Filed on 3/6/2020) (Entered: 03/06/2020)
2020-03-0923NOTICE of Substitution of Counsel by John Wesley Samples (Samples, John) (Filed on 3/9/2020) (Entered: 03/09/2020)
2020-03-0924ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Samples, John) (Filed on 3/9/2020) (Entered: 03/09/2020)
2020-03-1325Joint Stipulation to Continue Joint Case Management Statement and Case Management Conference and [Proposed] Order filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: #(1) Declaration of John Wesley Samples)(Samples, John) (Filed on 3/13/2020) (Entered: 03/13/2020)
2020-03-1326ORDER by Magistrate Judge Sallie Kim granting 25 Stipulation to Continue Case Management Conference. Case Management Statement due by 5/4/2020. Initial Case Management Conference reset for 5/11/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. (mklS, COURT STAFF) (Filed on 3/13/2020) (Entered: 03/13/2020)
2020-05-0427CLERK'S NOTICE Regarding Upcoming Hearing: Notice is given that the Case Management Conference set for 5/11/2020 at 1:30 PM will be conducted by telephone. The hearing may be accessed using the following dial-in information: Dial in: (877) 336-1831 Passcode: 1598603 Counsel is directed to dial in five minutes prior to the start of the hearing and keep the line on mute during other matters. (This is a text-only entry generated by the court. There is no document associated with this entry.) (mklS, COURT STAFF) (Filed on 5/4/2020) (Entered: 05/04/2020)
2020-05-0428JOINT CASE MANAGEMENT STATEMENT and Stipulation to Continue Initial Case Management Conference; [Proposed] Order Continuing Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Samples, John) (Filed on 5/4/2020) (Entered: 05/04/2020)
2020-05-0429ORDER CONTINUING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 6/8/2020. Initial Case Management Conference reset for 6/15/2020 01:30 PM in San Francisco, Courtroom C, 15th Floor. Signed by Magistrate Judge Sallie Kim on 5/4/2020. (mklS, COURT STAFF) (Filed on 5/4/2020) (Entered: 05/04/2020)
2020-06-0830Joint Stipulation and [Proposed] Order to Continue Joint Case Management Statement and Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of J. Wesley Samples)(Samples, John) (Filed on 6/8/2020) (Entered: 06/08/2020)
2020-06-0931ORDER by Magistrate Judge Sallie Kim granting 30 Stipulation to Continue Case Management Conference. Case Management Statement due by 7/13/2020. Initial Case Management Conference reset for 7/20/2020 01:30 PM. (mklS, COURT STAFF) (Filed on 6/9/2020) (Entered: 06/09/2020)
2020-07-1032Joint Stipulation to Continue Joint Case Management Statement and Case Management Conference and [Proposed] Order filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Wesley Samples)(Samples, John) (Filed on 7/10/2020) (Entered: 07/10/2020)
2020-07-1333ORDER by Judge Sallie Kim granting 32 Stipulation. (sklc1S, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-13Set Deadlines/Hearings: Case Management Statement due by 8/3/2020. Further Case Management Conference reset for 8/10/2020 01:30 PM. (mklS, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)
2020-07-3134Joint Stipulation to Continue Joint Case Management Statement and Case Management Conference and [Proposed] Order filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Wesley Samples)(Samples, John) (Filed on 7/31/2020) (Entered: 07/31/2020)
2020-08-0335ORDER by Magistrate Judge Sallie Kim granting 34 Stipulation to Continue Case Management Conference. Case Management Statement due by 8/31/2020. Initial Case Management Conference reset for 9/14/2020 01:30 PM. (mklS, COURT STAFF) (Filed on 8/3/2020) (Entered: 08/03/2020)
2020-08-2836JOINT STIPULATION TO CONTINUE JOINT CASE MANAGEMENT STATEMENT AND CASE MANAGEMENT CONFERENCE AND [PROPOSED] ORDER filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration)(Samples, John) (Filed on 8/28/2020) (Entered: 08/28/2020)
2020-08-3137**Filed in error with wrong document attached.** ORDER by Magistrate Judge Sallie Kim granting 36 Stipulation to Continue Case Management Conference. Case Management Statement due by 9/21/2020. Initial Case Management Conference reset for 9/28/2020 01:30 PM. (mklS, COURT STAFF) (Filed on 8/31/2020) Modified on 8/31/2020 (mklS, COURT STAFF). (Entered: 08/31/2020)
2020-08-3138ORDER (with corrected attachment) by Magistrate Judge Sallie Kim granting 36 Stipulation to Continue Case Management Conference. Case Management Statement due by 9/21/2020. Initial Case Management Conference reset for 9/28/2020 01:30 PM. (mklS, COURT STAFF) (Filed on 8/31/2020) (Entered: 08/31/2020)
2020-09-2139Stipulation & [Proposed] Order Regarding Scope of Search & Exemptions filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Samples, John) (Filed on 9/21/2020) (Entered: 09/21/2020)
2020-09-2140Joint Stipulation to Continue Joint Case Management Statement and Case Management Conference and [Proposed] Order filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of J. Wesley Samples)(Samples, John) (Filed on 9/21/2020) (Entered: 09/21/2020)
2020-09-2341ORDER OF RECUSAL. Signed by Magistrate Judge Sallie Kim on 9/23/2020. (mklS, COURT STAFF) (Filed on 9/23/2020) (Entered: 09/23/2020)
2020-09-2342ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Thomas S. Hixson for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case,. Signed by Clerk on 09/23/2020. (mbcS, COURT STAFF) (Filed on 9/23/2020) (Entered: 09/23/2020)
2020-09-2443ORDER: Case Management Statement due by 12/10/2020. Initial Case Management Conference set for 12/17/2020 10:00 AM. Signed by Judge Thomas S. Hixson on 9/24/2020. (cdnS, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)
2020-09-2444Please disregard - duplicate of ECF No. 43 (Entered: 09/24/2020)
2020-09-2445ORDER GRANTING re 39 Stipulation Regarding Scope of Search & Exemptions. Signed by Judge Thomas S. Hixson on 9/24/2020. (cdnS, COURT STAFF) (Filed on 9/24/2020) (Entered: 09/24/2020)
2020-10-1546ORDER OF RECUSAL. Signed by Judge Thomas S. Hixson on 10/15/2020. (cdnS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)
2020-10-15Set Deadlines/Hearings: (cdnS, COURT STAFF) (Filed on 10/15/2020) (Entered: 10/15/2020)
2020-10-1647ORDER, Case Reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Kandis A. Westmore for all further proceedings. Magistrate Judge Thomas S. Hixson no longer assigned to the case.. Signed by The Clerk on 10/16/20. (haS, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)
2020-10-1948ORDER OF RECUSAL. Signed by Judge Kandis A. Westmore on 10/19/2020. (kawlc1, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/19/2020)
2020-10-1949ORDER SETTING CASE MANAGEMENT CONFERENCE. Case Management Statement due by 1/5/2021. Initial Case Management Conference set for 1/12/2021 01:30 PM. Signed by Judge Kandis A. Westmore on 10/19/20. (dtmS, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/19/2020)
2020-10-1950ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Laurel Beeler for all further proceedings. Magistrate Judge Kandis A. Westmore no longer assigned to case, Signed by the Clerk on 10/19/2020. (anjS, COURT STAFF) (Filed on 10/19/2020) (Entered: 10/19/2020)
2020-10-2051CLERK'S NOTICE ON REASSIGNMENT. You are noticed that the Court has scheduled an Initial Case Management Conference before Judge Laurel Beeler upon reassignment. For a copy of Judge Laurel Beeler's Standing Order and other information, please refer to the Court's website at www.cand.uscourts.gov. Initial Case Management Conference set for 1/14/2021 at 9:30 AM . Case Management Statement due by 1/7/2021. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/lb General Order 58. Persons granted ac cess to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (e jkS, COURT STAFF) (Filed on 10/20/2020) (Entered: 10/20/2020)
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