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Case TitleJustice Action Center et al v. U.S. Dept. of Homeland Security et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2021cv07592
Date Filed2021-09-22
Date ClosedOpen
JudgeJudge John F. Walter
PlaintiffJustice Action Center
PlaintiffImmigrant Defenders Law Center
Case DescriptionJustice Action Center and Immigrant Defenders Law Center submitted FOIA requests to the Department of Homeland Security and the Department of Health and Human Services for records concerning the processing of minor children at the southern border. JAC and IDLC requested a fee waiver. The agencies acknowledged receipt of the request. The agencies provided a conditional grant to the fee waiver request except for Customs and Border Protection, which denied the fee waiver request. After hearing nothing further from the agencies, JAC and IDLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Adequacy - Search, Litigation - Attorney's fees, Public Interest Fee Waiver

DefendantU.S. Dept. of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Customs and Border Protection
DefendantU.S Office of Refugee Resettlement
DefendantU.S. Dept. of Health and Human Services
DefendantU.S. Centers for Disease Control and Prevention
DefendantMediator
Theodore D. Levin
Clark Hill LLP
555 South Flower Street
24th Floor
Los Angeles, CA 90071
(213) 891-9100
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-221COMPLAINT Receipt No: ACACDC-32031101 - Fee: $402, filed by Plaintiffs Immigrant Defendant Defenders Law Center, Justice Action Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Attorney Bradley S Phillips added to party Immigrant Defendant Defenders Law Center(pty:pla), Attorney Bradley S Phillips added to party Justice Action Center(pty:pla))(Phillips, Bradley) (Entered: 09/22/2021)
2021-09-222CIVIL COVER SHEET filed by Plaintiffs Immigrant Defendant Defenders Law Center, Justice Action Center. (Phillips, Bradley) (Entered: 09/22/2021)
2021-09-223NOTICE of Interested Parties filed by Plaintiffs Immigrant Defendant Defenders Law Center, Justice Action Center, identifying none. (Phillips, Bradley) (Entered: 09/22/2021)
2021-09-224Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Immigrant Defendant Defenders Law Center, Justice Action Center. (Phillips, Bradley) (Entered: 09/22/2021)
2021-09-236NOTICE OF ASSIGNMENT to District Judge John F. Walter and Magistrate Judge Maria A. Audero. (jtil) (Entered: 09/23/2021)
2021-09-237NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 09/23/2021)
2021-09-238Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 09/23/2021)
2021-09-239NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: Summons is not directed to the defendant(s). The defendants name must appear in the To:section of the summons. The summons cannot be issued until this defect has been corrected. Please correct the defect and re-file your request. (jtil) (Entered: 09/23/2021)
2021-09-2310Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs Immigrant Defendant Defenders Law Center, Justice Action Center. (Phillips, Bradley) (Entered: 09/23/2021)
2021-09-2411STANDING ORDER by Judge John F. Walter. READ THIS ORDER CAREFULLY. IT CONTROLS THE CASE AND DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This action has been assigned to the calendar of Judge John F. Walter. (iv) (Entered: 09/24/2021)
2021-09-241260 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (iv) (Entered: 09/24/2021)
2021-10-1413PROOF OF SERVICE Executed by Plaintiff Immigrant Defenders Law Center, Justice Action Center, upon Defendant U.S. Centers for Disease Control and Prevention served on 9/24/2021, answer due 11/23/2021; U.S Office of Refugee Resettlement served on 9/24/2021, answer due 11/23/2021; U.S. Customs and Border Protection served on 9/24/2021, answer due 11/23/2021; U.S. Dept. of Health and Human Services served on 9/24/2021, answer due 11/23/2021; U.S. Dept. of Homeland Security served on 9/24/2021, answer due 11/23/2021; U.S. Immigration and Customs Enforcement served on 9/24/2021, answer due 11/23/2021. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to C. Veloz. Executed upon the Attorney Generals Office of the United States by delivering a copy to [unsigned]. Executed upon the officer agency or corporation by delivering a copy to various agencies. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration attached. Registered or certified mail return receipt attached. (Phillips, Bradley) (Entered: 10/14/2021)
2021-10-1514MINUTES (IN CHAMBERS): ORDER TO SHOW CAUSE RE: STANDING ORDER by Judge John F. Walter. counsel is ordered to show cause in writing by October 18, 2021 why theCourt should not impose sanctions in the amount of $750.00 for violating the Court's Standing Order. No oral argument on this matter will be heard unless otherwise ordered by the Court. See Fed. R. Civ. P. 78; Local Rule 7-15. The Order to Show Cause will stand submitted upon the filing of the response to the Order to Show Cause. Failure to respond to the Order to Show Cause will result in the imposition of sanctions. In addition, counsel shall file the required Declaration on or before October 18, 2021. Response to Order to Show C ause due by 10/18/2021. (et) (Entered: 10/15/2021)
2021-10-1815RESPONSE filed by Plaintiffs Immigrant Defenders Law Center, Justice Action Centerto Order to Show Cause,,, 14 (Attachments: # 1 Proof of Service)(Phillips, Bradley) (Entered: 10/18/2021)
2021-10-1816DECLARATION of Bradley S. Phillips (Lead Trial Counsel) filed by Plaintiffs Immigrant Defenders Law Center, Justice Action Center. (Attachments: # 1 Proof of Service)(Phillips, Bradley) (Entered: 10/18/2021)
2021-10-2217APPLICATION of Non-Resident Attorney Michael J. Gerardi to Appear Pro Hac Vice on behalf of Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement (Pro Hac Vice Fee - Not Required for US Government Attorney) filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Good Standing D.C.Bar) (Attorney Joanne I Osinoff added to party U.S. Centers for Disease Control and Prevention(pty:dft), Attorney Joanne I Osinoff added to party U.S Office of Refugee Resettlement(pty:dft), Attorney Joanne I Osinoff added to party U.S. Customs and Border Protection(pty:dft), Attorney Joanne I Osinoff added to party U.S. Dept. of Health and Human Services(pty:dft), Attorney Joanne I Osinoff added to party U.S. Dept. of Homeland Security(pty:dft), Attorney Joanne I Osinoff added to party U.S. Immigration and Customs Enforcement(pty:dft)) (Osinoff, Joanne) (Entered: 10/22/2021)
2021-10-2518CLERK'S NOTICE OF DEFICIENCY: The APPLICATION of Non-Resident Attorney Michael J. Gerardi 17 is lacking the G-64 proposed order. Counsel shall lodge the proposed order by noon on October 26, 2021. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY (Entered: 10/25/2021)
2021-10-2619NOTICE OF LODGING filed OF [PROPOSED] ORDER re APPLICATION of Non-Resident Attorney Michael J. Gerardi to Appear Pro Hac Vice on behalf of Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and H 17 (Attachments: # 1 Proposed Order)(Osinoff, Joanne) (Entered: 10/26/2021)
2021-10-2720ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement.(Osinoff, Joanne) (Entered: 10/27/2021)
2021-10-2721MINUTES (IN CHAMBERS) COURT ORDER by Judge John F. Walter. Counsel are hereby notified that a Scheduling Conference has been set for December 6, 2021 at 1:15 p.m. before Judge John F. Walter in Courtroom 7A, 350 W. 1st St, Los Angeles, CA 90012. Lead Trial Counsel shall attend all proceedings before this Court, including the Scheduling Conference. Counsel are directed to comply with Rule 26 of the Federal Rules of Civil Procedure and Local Rule 26-1 in a timely fashion and to file a Joint Report, on or before November 22, 2021. (iv) (Entered: 10/27/2021)
2021-10-2722ORDER by Judge John F. Walter: Granting Application of Non-Resident Attorney Michael Gerardi to Appear Pro Hac Vice on behalf of Defendant US Dep't of Homeland Security,et al., designating Joanne Osinoff as local counsel 17 . (iv) (Entered: 10/28/2021)
2021-11-0123DECLARATION of Michael J. Gerardi (As Required by Paragraph 3(A) of the Standing Order) filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Gerardi, Michael) (Entered: 11/01/2021)
2021-11-2224JOINT REPORT of Scheduling Conference scheduled for December 6, 2021 filed by Plaintiffs Immigrant Defenders Law Center, Justice Action Center. (Phillips, Bradley) (Entered: 11/22/2021)
2021-11-2425ORDER VACATING SCHEDULING CONFERENCE, REFERRAL TO PRIVATE MEDIATION, and DISMISSING ANY UNSERVED DOE DEFENDANTS by Judge John F. Walter. The Court has reviewed the parties' Joint Rule 26(f) Report and finds that a Scheduling Conference is not necessary. The hearing on December 6, 2021 is vacated and taken off calendar. A Scheduling and Case Management Order will issue. Any unserved DOE defendants are dismissed at this time. The Court, having considered the parties' Request: ADR Procedure Selection, the Notice to Parties of Court-Directed ADR Program, or the report submitted by the parties pursuant to Fed. R. Civ. P. 26(f) and Civil L.R. 26-1, hereby: ORDERS this case referred to: ADR PROCEDURE NO. 3: (Private mediation). The ADR proceeding is to be completed no later than: May 9, 2022. The Joint Report re: Results of Settlement Conference due on: May 13, 2022. (iv) (Entered: 11/24/2021)
2021-11-2426SCHEDULING AND CASE MANAGEMENT ORDER by Judge John F. Walter. The purpose of this Order is to notify the parties and their counsel of the deadlines and the schedule that will govern this action. Pretrial Conference set for 9/16/2022 at 8:00 AM. Court Trial set for 9/27/2022 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) (Entered: 11/24/2021)
2021-12-0227Notice of Appearance or Withdrawal of Counsel: for attorney Munmeeth Kaur Soni counsel for Plaintiffs Immigrant Defenders Law Center, Justice Action Center. Munmeeth Soni is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Munmeeth Soni. (Soni, Munmeeth) (Entered: 12/02/2021)
2022-03-2828NOTICE of Appearance filed by attorney Laura Danielle Smolowe on behalf of Plaintiffs Immigrant Defenders Law Center, Justice Action Center (Attorney Laura Danielle Smolowe added to party Immigrant Defenders Law Center(pty:pla), Attorney Laura Danielle Smolowe added to party Justice Action Center(pty:pla))(Smolowe, Laura) (Entered: 03/28/2022)
2022-03-3029Notice of Appearance or Withdrawal of Counsel: for attorney Bradley S Phillips counsel for Plaintiffs Immigrant Defenders Law Center, Justice Action Center. Filed by Plaintiffs Bradley S. Phillips. (Phillips, Bradley) (Entered: 03/30/2022)
2022-04-1930STIPULATION for Leave to To Extend Deadline to Conduct Settlement Conference/Mediation and to File Joint Report re: Results of Settlement Conference/Mediation filed by plaintiffs Justice Action Center. (Attachments: # 1 Declaration of Laura Smolowe, # 2 Proposed Order)(Smolowe, Laura) (Entered: 04/19/2022)
2022-04-1931ORDER EXTENDING DEADLINE TO CONDUCT SETTLEMENT CONFERENCE / MEDIATION AND TO FILE JOINT REPORT RE: RESULTS OF SETTLEMENT CONFERENCE / MEDIAITION by Judge John F. Walter. The parties' deadline for conducting a settlement or mediation conference is continued to July 19, 2022. The parties' deadline for providing a report to the Court regarding the settlement or mediation conference is continued to July 25, 2022. (iv) (Entered: 04/20/2022)
2022-06-2832Joint STIPULATION to AMEND Pretrial-Trial Scheduling Order - form only, 26 filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Gerardi, Michael) (Entered: 06/28/2022)
2022-06-2933ORDER DENYING JOINT STIPULATION REGARDING SCHEDULE 32 by Judge John F. Walter. DENIED BY ORDER OF THE COURT. (iv) (Entered: 06/29/2022)
2022-06-3034(Kuhn, Lauren) (Entered: 06/30/2022)
2022-07-0135*Stricken* Joint STIPULATION to AMEND Pretrial-Trial Scheduling Order - form only, 26 filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1: Smith Declaration (ACF), # 2 Exhibit 2: Howard Declaration (CBP), # 3 Exhibit 3: Andoh Declaration (CDC), # 4 Exhibit 4: Pavlik-Keenan Declaration (DHS Privacy), # 5 Exhibit 5: Williams Declaration (HHS OS), # 6 Exhibit 6: Schurkamp Declaration (ICE), # 7 Exhibit 7: Email from Gerardi to Phillips Dated 1-24-2022 Re CDC, # 8 Exhibit 8: Letter from Gerardi to Phillips 02-09-22 Re HHS-OS and DHSP, # 9 Exhibit 9: Email from Gerardi to Phillips Dated 2-28-2022 Re ACF-ORR, # 10 Exhibit 10: Email from Smolowe to Gerardi Dated 6-6-2022, # 11 Proposed Order)(Gerardi, Michael) Modified on 7/5/2022 (sr). (Entered: 07/01/2022)
2022-07-0536Text Entry Order STRIKING Stipulation to Amend/Correct 35 - The Request violates paragraph 3(c) of the Court's Standing Order (no double sided copies). THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sr) TEXT ONLY ENTRY (Entered: 07/05/2022)
2022-07-0637Joint STIPULATION to AMEND Pretrial-Trial Scheduling Order - form only, 26 filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1: Smith Declaration (ACF), # 2 Exhibit 2: Howard Declaration (CBP), # 3 Exhibit 3: Andoh Declaration (CDC), # 4 Exhibit 4: Pavlik-Keenan Declaration, # 5 Exhibit 5: Williams Declaration (HHS OS), # 6 Exhibit 6: Schurkamp Declaration (ICE), # 7 Exhibit 7: Email from Gerardi to Phillips Dated 1-24-2022 Re CDC, # 8 Exhibit 8: Letter from Gerardi to Phillips 02-09-22 Re HHS-OS and DHSP, # 9 Exhibit 9: Email from Gerardi to Phillips Dated 2-28-2022 Re ACF-ORR, # 10 Exhibit 10: Email from Smolowe to Gerardi Dated 6-6-2022, # 11 Proposed Order)(Gerardi, Michael) (Entered: 07/06/2022)
2022-07-0738ORDER GRANTING JOINT STIPULATION REGARDING SCHEDULE 37 by Judge John F. Walter. It is hereby ordered that the schedule in this case is amended as follows: Last day to conduct Settlement Conference / Mediation - July 19, 2022; Last day to file report regarding Settlement Conference / Mediation - July 25, 2022; Last day for hearing motions at 1:30 p.m. - February 27, 2023; Discovery Cut-Off - January 13, 2023; Submit Pre-Trial Conf. Order; File Motions in Limine; Memo of Contentions of Fact and Law; Pre-Trial Exhibit Stipulation; Summary of Witness Testimony and Time Estimates; File Status Report re: Settlement; File Agreed Upon Set of Jury Instructions and Verdict Forms; File Joint Statement re Disputed Instructions, Verdicts, etc. - March 9, 2023; Pre-Trial Conference at 8:00 a.m. - March 24, 2023; Court Trial at 8:30 a.m. - April 4, 2023. (lom) (Entered: 07/07/2022)
2022-07-1239NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Notice of Appearance or Withdrawal of Counsel (G-123) 34 . The following error(s) was/were found: Incomplete docket text; missing name of event and text content. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (ak) (Entered: 07/12/2022)
2022-07-2540JOINT REPORT of MEDIATION CONFERENCE filed by Plaintiffs Immigrant Defenders Law Center, Justice Action Center. (Kuhn, Lauren) (Entered: 07/25/2022)
2022-07-2541MEDIATION REPORT REPORT of Mediation Report filed by Mediator Theodore D. Levin. (Levin, Theodore) (Entered: 07/25/2022)
2022-12-0242Joint STIPULATION to Amend the Production Schedule Stipulation and Order,,,, Set/Reset Deadlines/Hearings,,, 38 filed by Plaintiffs Immigrant Defenders Law Center, Justice Action Center. (Attachments: # 1 Declaration of Patrick Howard, # 2 Declaration of Theodore D Levin, # 3 Proposed Order)(Kuhn, Lauren) (Entered: 12/02/2022)
2022-12-0243ORDER 42 by Judge John F. Walter. Pretrial Conference set for 10/20/2023 at 8:00 AM. Court Trial set for 10/31/2023 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) (Entered: 12/02/2022)
2023-07-2544Joint STIPULATION to AMEND Order, Set/Reset Deadlines/Hearings 43 filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1: Declaration of Celeste Smith (ACF), # 2 Exhibit 2: Declaration of Jodi Drengson (CBP), # 3 Exhibit 3: Declaration of Theodore Levin, # 4 Proposed Order)(Gerardi, Michael) (Entered: 07/25/2023)
2023-07-2545ORDER MODIFYING SCHEDULE 44 by Judge John F. Walter. Pretrial Conference set for 1/12/2024 at 8:00 AM. Trial set for 1/31/2024 at 8:30 AM. SEE ORDER FOR DETAILS. (iv) (Entered: 07/25/2023)
2023-08-1146NOTICE of Appearance filed by attorney Brynna Rhiannon Bolt on behalf of Plaintiffs Immigrant Defenders Law Center, Justice Action Center (Attorney Brynna Rhiannon Bolt added to party Immigrant Defenders Law Center(pty:pla), Attorney Brynna Rhiannon Bolt added to party Justice Action Center(pty:pla))(Bolt, Brynna) (Entered: 08/11/2023)
2023-08-1147NOTICE of Appearance filed by attorney Alvaro Moises Huerta on behalf of Plaintiffs Immigrant Defenders Law Center, Justice Action Center (Attorney Alvaro Moises Huerta added to party Immigrant Defenders Law Center(pty:pla), Attorney Alvaro Moises Huerta added to party Justice Action Center(pty:pla))(Huerta, Alvaro) (Entered: 08/11/2023)
2023-09-2548Notice of Appearance or Withdrawal of Counsel: for attorney Hannah Karin Comstock counsel for Plaintiffs Immigrant Defenders Law Center, Justice Action Center. Caitlin Elizabeth Carre Anderson is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff Immigrant Defenders Law Center, Justice Action Center. (Comstock, Hannah) (Entered: 09/25/2023)
2023-09-2849Joint STIPULATION to AMEND Order, Set/Reset Deadlines/Hearings 45 filed by Defendants U.S. Centers for Disease Control and Prevention, U.S Office of Refugee Resettlement, U.S. Customs and Border Protection, U.S. Dept. of Health and Human Services, U.S. Dept. of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1:Smith Declaration, # 2 Exhibit 2: Huerta Declaration, # 3 Exhibit 3: Bentrott Declaration, # 4 Exhibit 4: Gerardi Declaration, # 5 Proposed Order)(Gerardi, Michael) (Entered: 09/28/2023)
2023-09-2950ORDER GRANTING STIPULATION TO STAY THIS ACTION PENDING COMPLETION OF ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES 49 by Judge John F. Walter. This matter is STAYED through February 20, 2024. (iv) (Entered: 09/29/2023)
2024-01-2251STATUS REPORT (Joint) filed by Plaintiffs Immigrant Defenders Law Center, Justice Action Center. (Attachments: # 1 Declaration of Celeste Smith, # 2 Proposed Order)(Kuhn, Lauren) (Entered: 01/22/2024)
2024-01-2352ORDER REGARDING STAY 51 by Judge John F. Walter. This matter is STAYED through April 20, 2024. IT IS FURTHER ORDERED that the parties file a joint report no later than March 20, 2024. (iv) (Entered: 01/23/2024)
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