Case Detail

FOIA Project Annotation: A federal court in New Orleans has ruled that day laborer Joaquin Navarro Hernandez and his pro bono attorneys are entitled to $51,000 in attorney's fees for forcing Customs and Border Protection to disclose more documents concerning its arrest of Hernandez at a convenience store in New Orleans as well as records about its policies for rounding up day laborers on civil charges. With Hernandez facing deportation, the New Orleans Workers' Center for Racial Justice helped him file an extensive FOIA request. When CBP failed to respond within six months, Hernandez filed suit, which prompted the agency to release 22 partially redacted pages from his immigration file. Dissatisfied with the agency's response, Hernandez's attorneys asked to depose several CBP employees knowledgeable about its record-keeping procedures and immigration enforcement tactics. The agency attempted to quash the depositions, but the court denied it motion. Based on information revealed in the depositions, CBP agreed to conduct further searches. The searches located more responsive documents, including records about the arrest of 62 other laborers with collaboration between other law enforcement agencies and local police. After an in camera review, the court ordered CBP to disclose these records with redactions for personal information. Hernandez's attorneys then filed for a fee award. The agency argued that Hernandez did not qualify for an award under the catalyst theory because the agency had produced most of the records voluntarily. While the court characterized that contention as inaccurate, it found that "only after the Court granted Plaintiff's motion for partial summary judgment, over Defendant's objections, were any of these documents released to Plaintiff. This order altered the legal relationship of the parties in Plaintiff's favor, which is all that is required to establish his eligibility for a fee award under FOIA." Moving to the question of entitlement, the court noted that although Hernandez had requested the records to help with his deportation proceedings there was a strong public interest in the documents released. "At present, there is a vigorous public debate on the topic of targeted immigration enforcement. . .[T[hese questions are of substantial public interest in the City of New Orleans, where the plight of the large population of immigrant worker who has assisted in rebuilding efforts after Hurricane Katrina has been a matter of particular concern. Here, Plaintiff has used the records disclosed as a result of this case to increase public awareness of the above issues. . ." As to Hernandez's need for the records, the court observed that "FOIA is essentially the only means available for an individual to obtain information for use in a deportation proceeding." Although the court found the number of hours claimed by Hernandez's two attorneys was reasonable, the court decided to reduce the hourly rate for both attorneys.
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Public benefit

Date Filed	Doc #	Docket Text
2010-12-22	1	COMPLAINT against U.S. Customs and Border Patrol Protection Agency. (Filing fee $ 350 receipt number 053L-2747549) filed by Joaquin Navarro Hernandez. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Rosenbaum, Jennifer) Modified text on 12/23/2010 (sek, ). (Entered: 12/22/2010)
2010-12-22	2	Initial Case Assignment to Judge Carl Barbier and Magistrate Judge Daniel E. Knowles, III. (cl, ) (Entered: 12/22/2010)
2010-12-23	3	Correction of Docket Entry by Clerk re 1 Complaint; Parties should be entered & Summons should be prepared with party's name as spelled in caption of complaint. (sek, ) (Entered: 12/23/2010)
2010-12-23	4	Summons Issued as to United States Customs and Border Protection Agency. (sek, ) (Entered: 12/23/2010)
2010-12-27	5	Request of Summons Issued as to United States Customs and Border Protection Agency filed by Joaquin Navarro Hernandez re 1 Complaint,. (Rosenbaum, Jennifer) (Entered: 12/27/2010)
2010-12-27	6	Request of Summons Issued as to United States Customs and Border Protection Agency filed by Joaquin Navarro Hernandez re 1 Complaint,. (Rosenbaum, Jennifer) (Entered: 12/27/2010)
2010-12-27	7	Summons Issued as to US Attorney and US Attorney General. (Attachments: # 1 Summons)(mmm, ) (Entered: 12/27/2010)
2011-01-07	8	STRICKEN per Order dated 1/20/2011. DEFICIENT: EXPARTE/CONSENT MOTION to Appear Pro Hac Vice for Attorney Jessic Karp (Filing fee $ 5 receipt number 053L-2762847) by Joaquin Navarro Hernandez. (Attachments: # 1 Certificate of Good Standing, # 2 Affidavit of Attorney, # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 1/10/2011 (mmm, ). Modified on 1/20/2011 (mmm, ). (Entered: 01/07/2011)
2011-01-07	9	MOTION for Preliminary Injunction by Joaquin Navarro Hernandez. Motion Hearing set for 2/2/2011 9:30 AM before Judge Barbier. (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Notice of Hearing, # 4 Proposed Order)(Rosenbaum, Jennifer) Modified on 1/11/2011 to reset motion before Judge Barbier (sek, ). (Entered: 01/07/2011)
2011-01-07	10	EXPARTE/CONSENT MOTION to Expedite Plaintiff's Motion for Preliminary Injunction by Joaquin Navarro Hernandez. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) Modified on 1/11/2011 to reset hearing before Judge Barbier (sek, ). (Entered: 01/07/2011)
2011-01-10	11	Correction of Docket Entry by Clerk re 9 MOTION for Preliminary Injunction. This motion will be decided by the magistrate judge. Clerk took corrective action. (mmm, ) (Entered: 01/10/2011)
2011-01-10	12	Correction of Docket Entry by Clerk re 10 MOTION to Expedite Plaintiff's Motion for Preliminary Injunction , 9 MOTION for Preliminary Injunction. This motion will be decided by the magistrate judge. Clerk took corrective action. Also, document contains incorrect Section. All future pleadings must reflect Section "J", Carl Barbier. (mmm, ) (Entered: 01/10/2011)
2011-01-11	13	Correction of Docket Entry by Clerk re 10 MOTION to Expedite Plaintiff's Motion for Preliminary Injunction , 9 MOTION for Preliminary Injunction; Upon direction from chambers both motions will be decided by Judge Barbier. (sek, ) (Entered: 01/11/2011)
2011-01-11	14	ORDER granting 10 MOTION to Expedite on Plaintiff's Motion for Preliminary Injunction . FURTHER ORDERED that Defendant must file any memoranda in opposition to 9 MOTION for Preliminary Injunction by January 12, 2011, at 4:00 p.m. The Court will consider Plaintiff's Motion for Preliminary Injunction at that time. Signed by Judge Carl Barbier on 1/11/2011.(mmm, ) (Entered: 01/11/2011)
2011-01-12	15	ORDER: Telephone Conference set for 1/12/2011 02:50 PM before Judge Carl Barbier. Signed by Judge Carl Barbier on 1/12/11.(sek, ) (Entered: 01/13/2011)
2011-01-12	16	Minute Entry for proceedings held before Judge Carl Barbier: Status Conference held on 1/12/2011. During the conference, the parties informed the Court of the status of Defendant's response to Plaintiff's Freedom of Information Act requests. The parties will continue their efforts and inform the Court of any further developments. (mmm, ) (Entered: 01/13/2011)
2011-01-13	17	ORDER: In Chambers Status Conference set for 1/20/2011 10:00 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 1/13/2011.(mmm, ) (Entered: 01/13/2011)
2011-01-20	18	ORDER striking 8 MOTION to Appear Pro Hac Vice for Attorney Jessic Karp . Signed by Judge Carl Barbier.(mmm, ) (Entered: 01/20/2011)
2011-01-20	19	Minute Entry for proceedings held before Judge Carl Barbier: Status Conference held on 1/20/2011. ORDERED that Defendant shall provide a search affidavit and a Vaughn index to Plaintiff, as well as file these documents into the record, by February 3, 2011. FURTHER ORDERED that Plaintiff shall provide his response to Defendant, as well as file the response into the record, by February 17, 2011. An in-chambers Status Conference set for 2/24/2011 03:30 PM before Judge Carl Barbier. (mmm, ) (Entered: 01/20/2011)
2011-01-27	20	NOTICE by Joaquin Navarro Hernandez of Change in Immigration Court Hearing Date . (Rosenbaum, Jennifer) (Entered: 01/27/2011)
2011-01-27	21	DEFICIENT: EXPARTE/CONSENT Amended MOTION to Appear Pro Hac Vice filed on behalf of Jessica Karp (Fee previously paid) by Joaquin Navarro Hernandez. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 1/28/2011 (mmm, ). (Entered: 01/27/2011)
2011-01-27	22	ANSWER to 1 Complaint, by United States Customs and Border Protection Agency.(Dupre, Brock) (Entered: 01/27/2011)
2011-02-03	23	Declaration by United States Customs and Border Protection Agency (Dupre, Brock) (Entered: 02/03/2011)
2011-02-04	24	DEFICIENT: AFFIDAVIT of Jessica Karp re Notice of Deficient Filing, Notarized Affidavit in Support of Pro Hac Vice Application (Rosenbaum, Jennifer) Modified on 2/4/2011 (sek, ). (Entered: 02/04/2011)
2011-02-07	25	EXPARTE/CONSENT Amended MOTION to Appear Pro Hac Vice (Fee previously paid) by Joaquin Navarro Hernandez. (Attachments: # 1 Affidavit, # 2 certificate of good standing, # 3 Proposed Order)(Rosenbaum, Jennifer) (Entered: 02/07/2011)
2011-02-09	26	ORDER granting 25 Motion to Appear Pro Hac Vice as to Jessica Karp. Signed by Judge Carl Barbier on 2/8/2011. (mmm, ) (Entered: 02/09/2011)
2011-02-17	27	Response/Reply by Joaquin Navarro Hernandez re 23 Defendant's Search Affidavit and Production (Rosenbaum, Jennifer) Modified text on 2/18/2011 (sek, ). (Entered: 02/17/2011)
2011-02-24	28	Minute Entry for proceedings held before Judge Carl Barbier: Status Conference held on 2/24/2011. ORDERED that the parties schedule and take all necessary depositions by March 31, 2011. FURTHER ORDERED: In Chambers Status Conference set for 4/7/2011 04:00 PM before Judge Carl Barbier. (mmm, ) (Entered: 02/28/2011)
2011-03-14	29	MOTION for Protective Order by United States Customs and Border Protection Agency. Motion(s) referred to Daniel E. Knowles, III. Motion set for 3/30/2011 11:00 AM before Magistrate Knowles. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Notice of Submission)(Dupre, Brock) Modified submission time/judicial officer on 3/15/2011 (mmm, ). (Entered: 03/14/2011)
2011-03-14	30	EXPARTE/CONSENT MOTION to Expedite Motion for Protective Order by United States Customs and Border Protection Agency. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 03/14/2011)
2011-03-15	31	Correction of Docket Entry by Clerk re 29 MOTION for Protective Order. Filing attorney selected incorrect judicial officer for submission/hearing. When setting a motion for submission/hearing there is a reminder message 'Be sure to select the correct Judge or Magistrate Judge:'. Motion is to be heard before Magistrate Knowles. Clerk took corrective action. (mmm, ) (Entered: 03/15/2011)
2011-03-15	32	ORDER Setting Oral Hearing on 29 MOTION for Protective Order: Motion set for 3/30/2011 11:00 AM before Magistrate Judge Daniel E. Knowles III with oral argument. Signed by Magistrate Judge Daniel E. Knowles, III on 3/15/2011.(rll, ) (Entered: 03/15/2011)
2011-03-15	33	ORDER: The automatic referral of 29 MOTION for Protective Order to Magistrate Judge Knowles is VACATED. FURTHER ORDERED: 30 MOTION to Expedite is granted. Plaintiff must file any memoranda in opposition to Defendant's Motion for Protective Order (Rec. Doc. 29) by Monday, March 21, 2011. Signed by Judge Carl Barbier on 3/15/2011.(mmm, ) (Entered: 03/15/2011)
2011-03-20	34	RESPONSE/MEMORANDUM in Opposition filed by Joaquin Navarro Hernandez re 29 MOTION for Protective Order. (Rosenbaum, Jennifer) (Entered: 03/20/2011)
2011-03-24	35	ORDER denying 29 Motion for Protective Order. The depositions in this matter are to proceed as scheduled. Signed by Judge Carl Barbier on 3/23/11. (sek, ) (Entered: 03/24/2011)
2011-04-05	36	ORDER: In Chambers Status Conference reset for 4/6/2011 09:00 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 4/4/2011.(mmm, ) (Entered: 04/05/2011)
2011-04-05	37	EXPARTE/CONSENT MOTION to Expedite Defendant's Answers to Plaintiff's Interrogatories by Joaquin Navarro Hernandez. (Attachments: # 1 Pl.'s interrogatories on Def., # 2 Ex. A to Pl.'s Interrogatories on Def., # 3 Proposed Order)(Rosenbaum, Jennifer) Modified on 4/6/2011: Accepted per Chambers (mmm, ). (Entered: 04/05/2011)
2011-04-06	38	Minute Order. Proceedings/Status Conference held on 4/6/2011 before Judge Carl Barbier: granting 37 Motion to Expedite Defendant's Answers to Plaintiff's Interrogatories on or before April 20, 2011. (mmm, ) (Entered: 04/07/2011)
2011-05-03	39	NOTICE: Scheduling Conference set for 5/19/2011 02:45 PM before courtroom deputy by telephone, by Clerk.(mmm, ) (Entered: 05/03/2011)
2011-05-05	40	ORDER cancelling Scheduling Conference. Signed by Judge Carl Barbier.(mmm, ) (Entered: 05/05/2011)
2011-05-24	41	MOTION to Quash by United States Customs and Border Protection Agency. Motion set for 6/8/2011 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Exhibit, # 3 Exhibit, # 4 Notice of Submission, # 5 Request for Oral Argument)(Dupre, Brock) Modified on 5/24/2011: Request for Oral Argument docketed separately (mmm, ). (Entered: 05/24/2011)
2011-05-24	42	EXPARTE/CONSENT MOTION to Expedite Hearing and Incorporated Memorandum in Support of Defendant's Motion to Quash by United States Customs and Border Protection Agency. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 05/24/2011)
2011-05-24	43	Correction of Docket Entry by Clerk re 41 MOTION to Quash. Filing attorney attached a Request/Statement for Oral Argument to this motion instead of filing it as a separate entry. Clerk took corrective action by separating the request and docketing it as a separate entry. All future requests for oral argument must be filed separately. (mmm, ) (Entered: 05/24/2011)
2011-05-24	44	Request/Statement of Oral Argument by United States Customs and Border Protection Agency regarding 41 MOTION to Quash (mmm, ) (Entered: 05/24/2011)
2011-05-26	45	RESPONSE to Motion filed by All Plaintiffs re 41 MOTION to Quash. (Attachments: # 1 Exhibit Deposition of Mr. Manuel Padilla, # 2 Exhibit Def.'s Answers to Pl.'s Interrogatories)(Rosenbaum, Jennifer) (Entered: 05/26/2011)
2011-05-27	46	ORDERED that oral argument requested in the this matter regarding Defendant's Motion to Quash (Rec. Doc. 41 ) is CANCELLED. The Court will decide the motion on the briefs. Signed by Judge Carl Barbier on 5/25/11.(sek, ) (Entered: 05/27/2011)
2011-05-27	47	ORDER granting 42 MOTION to Expedite. FURTHER ORDERED that Plaintiff must file any memoranda in opposition to Defendant's Motion to Quash 41 by 5/26/2011 at 12:00 PM; The Court will consider Defendant's Motion to Quash (Rec. Doc. 41 ) on the briefs at that time. Signed by Judge Carl Barbier on 5/24/11.(sek, ) (Entered: 05/27/2011)
2011-05-27	48	ORDER granting 41 Motion to Quash. The two new notices of subpoenaed depositions in this matter are hereby quashed. Signed by Judge Carl Barbier on 5/27/11. (sek, ) (Entered: 05/27/2011)
2011-06-20	49	MOTION for Partial Summary Judgment and in camera review by Joaquin Navarro Hernandez. Motion set for 7/6/2011 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Exhibit 1, # 3 Notice of Submission, # 4 Proposed Order)(Rosenbaum, Jennifer) Modified on 6/21/2011: Document Accepted As Is Per Chambers (mmm, ). (Entered: 06/20/2011)
2011-06-20	50	EXPARTE/CONSENT MOTION to Expedite Pl.'s Motion for Partial Summary Judgment by Joaquin Navarro Hernandez. (Attachments: # 1 Proposed Order)(Rosenbaum, Jennifer) Modified on 6/21/2011: Document Accepted As Is Per Chambers (mmm, ). (Entered: 06/20/2011)
2011-06-22	51	ORDER granting 50 MOTION to Expedite as to 49 MOTION for Partial Summary Judgment and in camera review . Motion Hearing with Oral Argument Requested, reset for 6/22/2011 09:30 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 6/20/2011.(mmm, ) (Entered: 06/22/2011)
2011-06-22	52	Minute Order. Proceedings held 6/22/2011 before Judge Carl Barbier: granting 49 Motion for Partial Summary Judgment and in camera review : All produced documents are to be in redacted form. (Court Reporter Cathy Pepper.) (mmm, ) (Entered: 06/22/2011)
2011-07-29	53	ORDER denying as moot 9 Motion for Preliminary Injunction. Signed by Judge Carl Barbier on 7/28/2011. (gec, ) (Entered: 07/29/2011)
2011-10-04	54	ORDERED that Plaintiff shall file any motion for attorney's fees within the next 15 days, or any such motion filed thereafter will be deemed waived. Signed by Judge Carl Barbier on 10/3/2011.(gec, ) (Entered: 10/04/2011)
2011-10-18	55	**DEFICIENT** MOTION for Attorney Fees by Joaquin Navarro Hernandez. Motion set for 11/9/2011 09:00 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Affidavit Jacinta Gonzalez, # 4 Affidavit William Quigley, # 5 Affidavit Jennifer Rosenabum, # 6 Exhibit Rosenbaum Time Record, # 7 Exhibit showing transcription costs, # 8 Affidavit Jessica Karp, # 9 Exhibit Karp Time Recprds)(Rosenbaum, Jennifer) Modified on 10/19/2011 (clm, ). (Entered: 10/18/2011)
2011-10-20	56	MOTION for Attorney Fees by Joaquin Navarro Hernandez. Motion set for 11/9/2011 09:30 AM before Judge Carl Barbier. (Attachments: # 1 Memorandum in Support, # 2 Proposed Order, # 3 Notice of Submission, # 4 Affidavit Jacinta Gonzalez, # 5 Affidavit William Quigley, # 6 Affidavit Jennifer Rosenbaum, # 7 Exhibit invoice for deposition costs, # 8 Exhibit Jennifer Rosenbaum's Time Records, # 9 Affidavit Jessica Karp, # 10 Exhibit Jessica Karp's Time Records)(Rosenbaum, Jennifer) Modified on 10/21/2011 (gec, ). (Entered: 10/20/2011)
2011-10-21	57	Correction of Docket Entry by Clerk re 56 MOTION for Attorney Fees. Filing attorney selected incorrect time. Correct time is 9:30 AM. Clerk took corrective action. (gec, ) (Entered: 10/21/2011)
2011-10-28	58	EXPARTE/CONSENT MOTION to Continue Hearing Date on Plaintiff's Motion for Attorney's Fees by United States Customs and Border Protection Agency. (Attachments: # 1 Proposed Order)(Dupre, Brock) (Entered: 10/28/2011)
2011-10-31	59	ORDER granting 58 MOTION to Continue Hearing Date on Plantiff's 56 Motion for Attorney's Fees filed by United States Customs and Border Protection Agency. Motion set for 11/23/2011 09:30 AM before Judge Carl Barbier. Signed by Judge Carl Barbier on 10/28/2011.(clm, ) (Entered: 10/31/2011)
2011-11-15	60	RESPONSE/MEMORANDUM in Opposition filed by United States Customs and Border Protection Agency re 56 MOTION for Attorney Fees. (Dupre, Brock) (Entered: 11/15/2011)
2011-11-21	61	**DEFICIENT** REPLY to Response to Motion filed by Joaquin Navarro Hernandez re 56 MOTION for Attorney Fees. (Attachments: # 1 Memorandum in Support Memorandum in Support, # 2 Proposed Order Proposed Order, # 3 Affidavit Affidavit of Nancy Morawetz, # 4 Affidavit Affidavit of Melissa Keaney)(Karp, Jessica) Modified on 11/22/2011 (clm, ). (Entered: 11/21/2011)
2011-11-22	62	EXPARTE/CONSENT MOTION for Leave to File by Joaquin Navarro Hernandez. (Attachments: # 1 Proposed Pleading, # 2 Proposed Order, # 3 Proposed Pleading -Affidavit, # 4 Proposed Pleading -Affidavit)(Karp, Jessica) Modified on 11/23/2011 (clm, ). (Entered: 11/22/2011)
2011-11-22	63	ORDER granting 62 Motion for Leave to File Reply Memorandum. Signed by Judge Carl Barbier on 11/22/2011. (caa, ) (Entered: 11/22/2011)
2011-11-22	64	REPLY to Response to Motion filed by Joaquin Navarro Hernandez re 56 MOTION for Attorney Fees. (caa, ) (Additional attachment(s) added on 11/23/2011: # 1 Affidavit, # 2 Affidavit) (clm, ). (Entered: 11/22/2011)
2011-11-23	65	Correction of Docket Entry by Clerk re 62 MOTION for Leave to File. Filing attorney should have selected 'Yes' at the question 'Is this an Exparte/Consent Motion Y/N?. Exparte/Consent motions are not set for hearing. Clerk has removed hearing date. (clm, ) (Entered: 11/23/2011)
2012-02-07	66	ORDER AND REASONS: Order granting Plaintiff Joaquin Navarro Hernandez's 56 Motion for Attorney Fees and Costs. FURTHER ORDERED that Defendant Unites States Customs and Border Protection Agency shall remit payment to Plaintiff as stated within document. Signed by Judge Carl Barbier on 2/6/2012. (gec, ) (Entered: 02/07/2012)
2012-02-08	67	JUDGMENT entered in favor of Joaquin Navarro Hernandez against United States Customs and Border Protection Agency. Signed by Judge Carl Barbier on 2/8/2012.(clm, ) (Entered: 02/08/2012)
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