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Case TitleAmerican Civil Liberties Union of San Diego and Imperial Counties v. United States Department of Homeland Security, et al.
DistrictSouthern District of California
CitySan Diego
Case Number3:2014cv01974
Date Filed2014-08-22
Date Closed2016-04-01
JudgeJudge M. James Lorenz
PlaintiffAmerican Civil Liberties Union of San Diego and Imperial Counties
Case DescriptionThe ACLU of San Diego and Imperial County submitted two FOIA requests to U.S. Customs and Border Protection through the FOIA Online portal. The first request was for statistics on the number of individuals removed because of expedited removal or voluntary return, the number of individuals referred because of asylum fraud or illegal entry, and the number of individuals referred to an asylum officer because of credible fear. The second request asked for legal memoranda, policy and guidelines regarding expedited removal and voluntary return. After hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Homeland Security
DefendantUnited States Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-08-221COMPLAINT against United States Customs and Border Protection, United States Department of Homeland Security ( Filing fee $ 400 receipt number 0974-7320460.), filed by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A - D) The new case number is 3:14-cv-01974-L-RBB. Judge M. James Lorenz and Magistrate Judge Ruben B. Brooks are assigned to the case. (Rivera, Gabriela)(cxl)(av1). (Entered: 08/22/2014)
2014-08-222Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (cxl)(av1). (Entered: 08/22/2014)
2014-08-263SUMMONS Returned Executed by American Civil Liberties Union of San Diego and Imperial Counties. All Defendants served. (Attachments: # 1 Proof of Service)(Rivera, Gabriela) (sjt). (Entered: 08/26/2014)
2014-09-194Joint MOTION for Extension of Time to File Answer as to 1 Complaint, by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine)Attorney Katherine Lind Parker added to party United States Customs and Border Protection(pty:dft), Attorney Katherine Lind Parker added to party United States Department of Homeland Security (pty:dft) (sjt). (Entered: 09/19/2014)
2014-09-225ORDER granting 4 Motion for Extension of Time to Answer. Defendants shall answer or otherwise respond to the complaint on or before October 3, 2014. Signed by Judge M. James Lorenz on 9/22/2014. (sjt) (Entered: 09/22/2014)
2014-10-036ANSWER to 1 Complaint, by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine) (sjt). (Entered: 10/03/2014)
2014-10-037NOTICE of Appearance by John David Loy on behalf of American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Proof of Service)(Loy, John)Attorney John David Loy added to party American Civil Liberties Union of San Diego and Imperial Counties (pty:pla) (sjt). (Entered: 10/03/2014)
2014-10-168NOTICE AND ORDER for Early Neutral Evaluation Conference. Early Neutral Evaluation set for 12/22/2014 01:30 PM in Courtroom 2C before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 10/16/2014.(sjt) (Entered: 10/16/2014)
2014-12-189NOTICE of Appearance by Bardis Vakili on behalf of American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Proof of Service)(Vakili, Bardis)Attorney Bardis Vakili added to party American Civil Liberties Union of San Diego and Imperial Counties (pty:pla)(sjt). (Entered: 12/18/2014)
2014-12-1910Joint MOTION to Continue Early Neutral Evaluation by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine) (sjt). (Entered: 12/19/2014)
2014-12-1911ORDER granting 10 Motion to Joint Continue Early Neutral Evaluation reset for 2/2/2015 08:30 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 12/19/2014. (sjt) (Entered: 12/19/2014)
2014-12-3112NOTICE of Withdrawal of Counsel, Sean Riordan by American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Proof of Service)(Rivera, Gabriela). Modified on 1/2/2015 - Atty Riordan not atty in case. Edited text (jah). (Entered: 12/31/2014)
2015-01-2313Joint MOTION Excuse Appearance of ACLU Executive Director from ENE Conference re 8 Notice and Order for Early Neutral Evaluation conference by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service)(Rivera, Gabriela) Modified to correct event on 1/26/2015 (sjt). (Entered: 01/23/2015)
2015-01-2814ORDER granting 13 Motion to Excuse Appearance of ACLU Executive Director at Early Neutral Evaluation Conference. Signed by Magistrate Judge Ruben B. Brooks on 1/27/2015. (sjt) (Entered: 01/28/2015)
2015-01-3015NOTICE of Appearance by Caroline Jane Clark on behalf of United States Customs and Border Protection, United States Department of Homeland Security (Attachments: # 1 Proof of Service)(Clark, Caroline)Attorney Caroline Jane Clark added to party United States Customs and Border Protection(pty:dft), Attorney Caroline Jane Clark added to party United States Department of Homeland Security (pty:dft) (sjt). (Entered: 01/30/2015)
2015-02-0216Minute Order. for proceedings held before Magistrate Judge Ruben B. Brooks:Early Neutral Evaluation Conference held on 2/2/2015, ( Telephonic Settlement Conference set for 5/14/2015 08:30 AM before Magistrate Judge Ruben B. Brooks.). (Plaintiff Attorney Gabriela Rivera).(Defendant Attorney Katherine Lind Parker, Caroline Clark). (sjt) (Entered: 02/02/2015)
2015-02-0217Order Following Case Management Conference. Case Management Conference held on 2/2/2015. Final Pretrial Conference set for 2/1/2016 11:00 AM before Judge M. James Lorenz. Signed by Magistrate Judge Ruben B. Brooks on 2/2/2015.(sjt) (Entered: 02/02/2015)
2015-05-1318Ex Parte MOTION to Continue Settlement Conference (Unopposed) by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine) (sjt). (Entered: 05/13/2015)
2015-05-1319ORDER granting 18 Motion to Continue. Telephonic Settlement Conference reset for 6/15/2015 08:00 AM before Magistrate Judge Ruben B. Brooks. Signed by Magistrate Judge Ruben B. Brooks on 5/13/2015. (sjt) (Entered: 05/13/2015)
2015-06-0520MOTION to Amend/Correct 17 Order Following Case Management Conference, Set Hearings by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration Declaration of Gabriela Rivera, # 2 Proof of Service)(Rivera, Gabriela) (sjt). (Entered: 06/05/2015)
2015-06-1121RESPONSE in Opposition re 20 MOTION to Amend/Correct 17 Order Following Case Management Conference, Set Hearings filed by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Declaration of Sabrina Burroughs, # 2 Proof of Service)(Clark, Caroline) (sjt). (Entered: 06/11/2015)
2015-06-1222REPLY to Response in Opposition re 20 MOTION to Amend/Correct 17 Order Following Case Management Conference, Set Hearings filed by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service)(Rivera, Gabriela) Modified to correct event on 6/15/2015 (sjt). (Entered: 06/12/2015)
2015-06-1523Minute Order. The Court sua sponte sets a hearing on 20 Motion to Modify Order Regulating Discovery and Other Pretrial Proceedings for July 20, 2015, at 10:00 a.m. (Plaintiff Attorney Gabriela Rivera). (Defendant Attorney Katherine Lind Parker, Caroline Clark). Signed by Magistrate Judge Ruben B. Brooks on 6/15/2015. (sjt) (Entered: 06/15/2015)
2015-06-1524Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:telephonic Settlement Conference held on 6/15/2015. (Plaintiff Attorney Gabriela Rivera).(Defendant Attorney Katherine Lind Parker, Caroline Clark). Signed by Magistrate Judge Ruben B. Brooks on 7/20/2015 (sjt) (Entered: 06/15/2015)
2015-07-2025Minute Order. for proceedings held before Magistrate Judge Ruben B. Brooks:granting in part and denying in part 20 Motion to Amend/Correct; Motion Hearing held on 7/20/2015 filed by American Civil Liberties Union of San Diego and Imperial Counties. Signed by Magistrate Judge Ruben B. Brooks on 7/20/2015. (CD# 7/20/2015 10:02:00-10:31:00). (Plaintiff Attorney Gabriela Rivera).(Defendant Attorney Katherine Lind Parker, Caroline Clark). (sjt) (Entered: 07/20/2015)
2015-07-2926Joint MOTION to Continue Deadline to Produce Documents in Response to Items 29-33 by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine) (sjt). (Entered: 07/29/2015)
2015-07-2927ORDER granting 26 Joint Motion to Continue Deadline for Production on Documents in Repsponse to Items 29-33. Signed by Magistrate Judge Ruben B. Brooks on 7/29/2015. (sjt) (Entered: 07/29/2015)
2015-08-3128Joint MOTION to Continue Deadlines by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Clark, Caroline) (sjt). (Entered: 08/31/2015)
2015-09-0229ORDER granting 28 Motion to Continue. The deadline for Defendants to produce non-exempt documents responsive to items 29-33 is continued to October 1, 2015; the deadline for the completion of discovery is continued to October 14, 2015; and the deadline for pretrial motions is continued to November 26, 2015. Signed by Magistrate Judge Ruben B. Brooks on 9/1/2015. (sjt) (Entered: 09/02/2015)
2015-09-3030Joint MOTION to Continue Deadlines by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Clark, Caroline) (sjt). (Entered: 09/30/2015)
2015-10-0231ORDER granting 30 Motion to Continue Deadlines. Final Pretrial Conference set for 7/5/2016 11:00 AM before Judge M. James Lorenz. Telephonic Settlement Conference set for 1/21/2016 08:00 AM before Magistrate Judge Ruben B. Brooks. Proposed Pretrial Order due by 6/28/2016. Signed by Magistrate Judge Ruben B. Brooks on 10/2/2015. (sjt) (Entered: 10/02/2015)
2016-01-2032Minute Order Resetting Settlement Conference. The telephonic attorneys-only settlement conference set for January 21, 2016, at 8:00 a.m. is vacated and reset for February 12, 2016, at 8:30 a.m. Signed by Magistrate Judge Ruben B. Brooks on 1/20/2016.(sjt) (Entered: 01/21/2016)
2016-02-1233Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic attorneys-only settlement conference was held. A telephonic attorneys-only settlement conference is set for March 1, 2016, at 8:00 a.m. Unless a Joint Motion to Dismiss is filed before that time. (Plaintiff Attorney Gabriela Rivera).(Defendant Attorney Katherine Parker). (sjt) (Entered: 02/17/2016)
2016-02-2934Joint MOTION to Continue Motion Deadline by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Proof of Service)(Parker, Katherine) (sjt). (Entered: 02/29/2016)
2016-03-0235ORDER granting 34 Joint Motion to Continue Deadline. All pretrial motions must be filed on or before April 4, 2016. Signed by Magistrate Judge Ruben B. Brooks on 3/1/2016. (sjt) (Entered: 03/02/2016)
2016-03-0236Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks:Telephonic Settlement Conference held on 3/2/2016. A telephonic attorneys-only settlement conference is set for March 18, 2016, at 8:00 a.m., unless a Joint Motion to Dismiss is e-filed prior to that time. Signed by Magistrate Judge Ruben B. Brooks on 3/1/2016. (Plaintiff Attorney Gabriela Rivera).(Defendant Attorney Katherine Parker). (sjt) (Entered: 03/02/2016)
2016-03-2337Minute Order for proceedings held before Magistrate Judge Ruben B. Brooks: A telephonic attorneys-only settlement conference was held. A telephonic attorneys-only settlement disposition conference will be held on April 5, 2016, at 8:00 a.m. with Magistrate Judge Brooks unless a Joint Motion to Dismiss is filed prior to that time. Signed by Magistrate Judge Ruben B. Brooks on 3/18/2016. (Plaintiff Attorney Gabriela Rivera (present)).(Defendant Attorney Katherine L. Parker (present)). (sjt) (Entered: 03/23/2016)
2016-03-3038Joint MOTION to Dismiss by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service)(Rivera, Gabriela) (sjt). (Entered: 03/30/2016)
2016-04-0139ORDER granting 38 Joint Motion to Dismiss with Prejudice. Signed by Judge M. James Lorenz on 4/1/2016. (sjt) (Entered: 04/01/2016)
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by FOIA Project Staff
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