Case Detail

FOIA Project Annotation: A federal court in Arizona has ruled that some of the searches conducted by components of the Department of Homeland Security were adequate where they provide sufficient explanation of the way the searches were conducted, but in other instances, particularly where the components relied on subject experts to conduct searches, the agency's explanations were insufficient. The case involved a request by the ACLU of Arizona for records concerning claims that unaccompanied immigrant minors were abused while in the Border Patrol custody. The agency ultimately disclosed more than 32, 000 pages of records, but the ACLU challenged many of the searches. The court noted that "those searches that fail to detail the terms or criteria used to identify responsive documents are inadequate. Specifically, any declaration that simply relies on a subject matter expert and manual searches or merely identifies the locations searched, but does not discuss subject matter, search terms, or other criteria, must be supplemented." Observing that "plaintiffs are entitled to knowledge of what that search involved �" a process that is not particularly cumbersome or difficult when a manual search is conducted," the court explained that "a FOIA responder's task is clear: it must describe what records were searched, by whom, and by what process. Here, multiple agencies have failed to describe that process, other than by identifying the who and where and omitting the what, or vice versa." The court added that while the agency did not have to identify the individuals who conducted the searches, "the plaintiffs are entitled to sufficient detail on the employees' qualifications to ensure that they have the requisite skillset or knowledge base to conduct a compliant search." The court found many of the agency's search terms were adequate, but indicated that the agency needed to search for the term "UAC," which stood for unaccompanied minor. The ACLU argued that the agency's Vaughn indices were too confusing. But the court observed that "the categorical approach employed conveys enough information to Plaintiffs and the Court to identify the records referenced and understand the reasoning behind the claimed exemptions �" all that is required under FOIA." The agency argued that case numbers were protected under Exemption 7(E) (investigative methods and techniques) because disclosure might allow a requester to better understand the agency's law enforcement databases. Calling this "too implausible," the court noted that "the case numbers are not information connected to law enforcement databases, as there is no evidence before the Court that the numbers are anything other than identifiers for organizational and classification purposes."
Issues: Exemption 7(E) - Investigative methods or techniques, Adequacy - Search

FOIA Project Annotation: A federal court in Arizona has ruled that the public interest in knowing more about complaints filed against U.S. Customs and Border Protection agents accused of mistreating unaccompanied children in the agency's custody outweighs the employees' individual privacy interests under Exemption 6 (invasion of privacy) or Exemption 7 (C) (invasion of privacy concerning law enforcement records). The agency requested the court reconsider its earlier decision ordering disclosure of identifying information, arguing that the complaints had already been investigated and identification of the accused employees would not shed further light on the agency's actions. The court disagreed, noting that 'the sole reason Plaintiffs were able to determine that one particular Border Patrol agent was repeatedly the subject of abuse allegations was that Plaintiff could see personal identifying information for that agent in the records because he went by the nickname 'Mala Clara,' and thus Plaintiffs were able to connect the records of various abuse allegations to that agent. In other words, it is only because Plaintiffs had personal identifying information for Mala Clara â€" similar to that they now seek for other agents accused of mistreatment â€" that they could accomplish their goal of finding alleged repeat offenders, which in turn allows them to examine whether the agencies initiated disciplinary actions in the cases of alleged repeat offenders." The agency also relied on Forest Service Employees for Environmental Ethics v. Forest Service, 524 F.3d 1021 (9th Cir. 2008), and Lahr v. National Transportation Safety Board, 569 F. 3d 964 (9th Cir. 2009), to argue that because the agency had investigated the complaints the public interest in disclosure was minimal. The court instead pointed out that "here, Plaintiffs show an absence of disciplinary investigations on the part of the agencies, which is the subject of this case." The agency argued the records disclosed so far only showed the existence of allegations and did nothing to substantiate those allegations. The court observed that "while it is true that one cannot determine the truth of any of the allegations from the documents provided, one can reasonably believe that agency investigations were insufficient if the documents show that almost none of the over 200 allegations â€" many of a serious nature â€" resulted in a completed investigation. From this, Plaintiffs' evidence establishes more than a bare suspicion of government misconduct in the form of insufficient investigations into the allegations of abuse â€" the impropriety the parties agree is at issue here."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records

Date Filed	Doc #	Docket Text
2015-02-11	1	COMPLAINT. Filing fee received: $400.00, receipt number 0970-11343590 filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (submitted by James Lyall) (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(REK) (Entered: 02/11/2015)
2015-02-11	2	SUMMONS Submitted by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (submitted by James Lyall) (REK) (Entered: 02/11/2015)
2015-02-11	3	Corporate Disclosure Statement by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (submitted by James Lyall) (REK) (Entered: 02/11/2015)
2015-02-11	4	Filing fee paid, receipt number 0970-11343590. This case has been assigned to the Honorable John J. Tuchi. All future pleadings or documents should bear the correct case number: CV-15-00247-PHX-JJT. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (REK) (Entered: 02/11/2015)
2015-02-11	5	Summons Issued as to United States Department of Homeland Security. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/11/2015)
2015-02-11	6	ORDER: IT IS ORDERED that a motion pursuant to Fed. R. Civ. P. 12(b) is discouraged if the defect that would be the subject of the motion can be cured by filing an amended pleading. IT IS FURTHER ORDERED that plaintiff shall serve a copy of this order on defendants. (See attached Order for additional details). Signed by Judge John J Tuchi on 2/11/15. (JAMA) (Entered: 02/11/2015)
2015-02-19	7	MOTION for Admission Pro Hac Vice as to attorney Aarti G Reddy on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/19/2015)
2015-02-19		PRO HAC VICE FEE PAID. $ 35, receipt number PHX155478 as to Aarti G Reddy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/19/2015)
2015-02-19	8	MOTION for Admission Pro Hac Vice as to attorney Whitty Somvichian on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/19/2015)
2015-02-19		PRO HAC VICE FEE PAID. $ 35, receipt number PHX155477 as to Whitty Somvichian. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/19/2015)
2015-02-19	9	ORDER pursuant to General Order 09-08 granting 7 Motion for Admission Pro Hac Vice; granting 8 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/19/2015)
2015-02-20	10	SUMMONS Submitted by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Summons Office of Inspector General, # 2 Summons United States Customs and Border Protection, # 3 Summons United States Immigration and Customs Enforcement)(Lyall, James) (Entered: 02/20/2015)
2015-02-20	11	MOTION for Admission Pro Hac Vice as to attorney Mitra Ebadolahi on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/20/2015)
2015-02-20		PRO HAC VICE FEE PAID. $ 35, receipt number PHX155564 as to Mitra Ebadolahi. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/20/2015)
2015-02-20	12	MOTION for Admission Pro Hac Vice as to attorney David Loy on behalf of American Civil Liberties Union of Arizona, and American Civil Liberties Union of San Diego and Imperial Counties. (BAS) (Entered: 02/20/2015)
2015-02-20		PRO HAC VICE FEE PAID. $ 35, receipt number PHX155563 as to David Loy. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (BAS) (Entered: 02/20/2015)
2015-02-20	13	ORDER pursuant to General Order 09-08 granting 11 Motion for Admission Pro Hac Vice; granting 12 Motion for Admission Pro Hac Vice. Per the Court's Administrative Policies and Procedures Manual, applicant has five (5) days in which to register as a user of the Electronic Filing System. Registration to be accomplished via the court's website at www.azd.uscourts.gov. Counsel is advised that they are limited to two (2) additional e-mail addresses in their District of Arizona User Account. (BAS) (This is a TEXT ENTRY ONLY. There is no.pdf document associated with this entry.) (Entered: 02/20/2015)
2015-02-23	14	Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (REK). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 02/23/2015)
2015-03-10	15	SERVICE EXECUTED filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties: Affidavit of Service re: Complaint and Exhibits A-G; Civil Cover Sheet; Corporate Disclosure Statement; Notice of Availability of US Magistrate Judge; Summons; Order re FRCP 12(b) upon United States Department of Homeland Security through John Leonardo, United States Attorney, District of Arizona on February 24, 2015. (Lyall, James) (Entered: 03/10/2015)
2015-03-26	16	Defendants' ANSWER to 1 Complaint by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Customs and Border Protection, United States Immigration and Customs Enforcement, United States Department of Homeland Security. (Newton, Emily) *Modified on 3/26/2015 to correct filers (MAP)*. (Entered: 03/26/2015)
2015-04-09	17	SCHEDULING ORDER issued. See attached Order for deadlines and details. Signed by Judge John J Tuchi on 4/9/15. (JAMA) (Entered: 04/09/2015)
2015-09-21	18	STATUS REPORT filed jointly with Plaintiffs by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order Defendant's Proposed Order, # 2 Text of Proposed Order Plaintiffs' Proposed Order)(Newton, Emily) (Entered: 09/21/2015)
2015-09-30	19	ORDER: IT IS ORDERED setting a telephonic hearing in this matter for Thursday, October 8, 2015, at 2:00 p.m. in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003, before Judge John J. Tuchi. Chambers will e-mail dial-in information to all counsel prior to the telephonic hearing. (See attached Order). Signed by Judge John J Tuchi on 9/30/15. (JAMA) (Entered: 09/30/2015)
2015-10-08	20	MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephone Conference held on 10/8/2015 re: the Parties' Joint Status Report (Doc. 18 ). Document and briefing production deadlines discussed. IT IS ORDERED that Defendants shall produce all responsive documents on a rolling basis, to be completed no later than May 27, 2016; that Defendants' opening brief and accompanying declarations shall be filed by June 17, 2016; that Plaintiff's cross-motion in opposition shall be filed no later than July 22, 2016; that Defendants' reply in opposition shall be filed no later than August 19, 2016; and that Plaintiff's reply shall be filed no later than September 2, 2016. The Court reserves the question of the timing for Defendants' provision of the Vaughn index pending further review. IT IS FURTHER ORDERED that the parties will jointly submit a brief statement regarding the formulation and use of the Vaughn index by no later than 5:00 PM Arizona time on Thursday, October 22, 2015. APPEARANCES: Telephonic appearance by Aarti Reddy, James Lyall, Mitra Ebadolahi, and Lauren Pomeroy for Plaintiffs. Telephonic appearance by Emily Newton for Defendants. (Court Reporter Elaine Cropper.) Hearing held 1:55 PM to 2:23 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 10/08/2015)
2015-10-21	21	ORDER: IT IS ORDERED that Defendants shall produce the Vaughn index no later than May 27, 2016, the deadline for completing document production to Plaintiffs. IT IS FURTHER ORDERED vacating that portion of the Court's October 8, 2015, Minute Entry requiring the parties to jointly produce by October 22, 2015, a statement regarding the formulation and use of the Vaughn index. (See attached Order for complete details). Signed by Judge John J Tuchi on 10/21/15. (JAMA) (Entered: 10/21/2015)
2016-02-04	22	First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Counsel correspondence, # 2 Affidavit Marwaha Declaration, # 3 Affidavit Burroughs Declaration, # 4 Text of Proposed Order)(Newton, Emily) (Entered: 02/04/2016)
2016-02-08	23	*Response in Opposition to 22 Defendants Motion for Extension of Production and Briefing Deadlines by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties . (Reddy, Aarti) *Modified to correct docket event and document number on 2/9/2016 (EJA). (Entered: 02/08/2016)
2016-02-18	24	RESPONSE in Opposition re: 22 First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes Opposition to Defendants Motion for Extension of Production and Briefing Deadlines (First Request) filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Reddy, Aarti) (Entered: 02/18/2016)
2016-02-18	25	DECLARATION of Aarti G. Reddy re: 24 Response in Opposition to Motion for Extension of Production and Briefing Deadlines ., RESPONSE in Opposition re: 22 First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Reddy, Aarti) (Entered: 02/18/2016)
2016-02-25	26	REPLY to Response to Motion re: 22 First MOTION for Extension of Time to Complete Production and Provide Vaughn Indexes filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit)(Newton, Emily) (Entered: 02/25/2016)
2016-03-31	27	ORDER: IT IS ORDERED denying in part 22 Defendants' Motion for Extension of Production and Briefing Deadlines as to the extension of document production and briefing deadlines, but granting in part the Motion as to the extension of Vaughn index deadlines. IT IS FURTHER ORDERED resetting the document, briefing, and Vaughn index production schedule. IT IS FURTHER ORDERED that beginning May 1, 2016, Defendant agencies shall provide brief monthly status reports every first day of the month to Plaintiffs. The reports shall indicate the review rate, remaining documents, and otherwise show Defendants' compliance with the Court's Scheduling Orders. (See attached Order for complete details and deadlines). Signed by Judge John J Tuchi on 3/31/16. (JAMA) (Entered: 03/31/2016)
2016-04-30	28	STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 04/30/2016)
2016-05-23	29	MOTION to Withdraw as Attorney Victoria Lopez by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 05/23/2016)
2016-05-25	30	ORDER: IT IS ORDERED granting 29 the Motion to Withdraw Victoria Lopez as Counsel of Record for Plaintiffs. (See attached Order for additional details). Signed by Judge John J Tuchi on 8/25/16.(JAMA) (Entered: 05/25/2016)
2016-06-01	31	STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 06/01/2016)
2016-07-01	32	STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 07/01/2016)
2016-07-06	33	NOTICE of Appearance by Stuart Justin Robinson on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Robinson, Stuart) (Entered: 07/06/2016)
2016-07-08	34	* MOTION to Stay PROCEEDINGS WITH RESPECT TO DEFENDANT OFFICE OF THE INSPECTOR GENERAL, AND SECOND MOTION/REQUEST FOR MODIFICATION OF THE BRIEFING SCHEDULE by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Declaration, # 3 Text of Proposed Order)(Robinson, Stuart). *Added MOTION for Modification of Briefing Schedule on 7/11/2016 (REK). (Entered: 07/08/2016)
2016-07-11	35	ORDER: IT IS HEREBY ORDERED that Plaintiffs are to file a response to Defendants' Motion for Stay (Doc. 34 ) by July 19, 2016. IT IS FURTHER ORDERED that any reply is due by July 22, 2016. (See attached Order). Signed by Judge John J Tuchi on 7/11/16. (JAMA) (Entered: 07/11/2016)
2016-07-18	36	MOTION to Withdraw as Attorney James Duff Lyall by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Pochoda, Daniel) (Entered: 07/18/2016)
2016-07-19	37	*MOTION (Request) for Sanctions and RESPONSE in Opposition re: 34 MOTION to Stay PROCEEDINGS WITH RESPECT TO DEFENDANT OFFICE OF THE INSPECTOR GENERAL, AND SECOND REQUEST FOR MODIFICATION OF THE BRIEFING SCHEDULE MOTION for Modification of Briefing Schedule Plaintiffs Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) *Modified to correct event on 7/20/2016 (ATD). (Entered: 07/19/2016)
2016-07-19	38	DECLARATION of Aarti G. Reddy re: 37 Response in Opposition to Motion Declaration Of Aarti G. Reddy In Support Of Plaintiffs Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule . filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Reddy, Aarti) (Entered: 07/19/2016)
2016-07-19	39	DECLARATION of Mitra Ebadolahi re: 37 Response in Opposition to Motion Declaration Of Mitra Ebadolahi In Support Of Plaintiffs Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule . filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) (Entered: 07/19/2016)
2016-07-19	40	*REQUEST for Judicial Notice re: 37 Response in Opposition to Motion Plaintiffs Request Judicial Notice In Support Of Its Request For Sanctions And Opposition To Defendants Motion For Stay Of Proceedings With Respect To Defendant Office Of The Inspector General, And Second Request For Modification Of The Briefing Schedule by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) *Modified to correct event on 7/20/2016 (ATD). (Entered: 07/19/2016)
2016-07-20	41	ORDER: IT IS ORDERED granting 36 Plaintiffs' Motion to Withdraw James Duff Lyall as counsel of record for the Plaintiffs. Signed by Judge John J Tuchi on 7/19/16.(JAMA) (Entered: 07/20/2016)
2016-07-22	42	REPLY to Response to Motion re: 34 MOTION to Stay PROCEEDINGS WITH RESPECT TO DEFENDANT OFFICE OF THE INSPECTOR GENERAL, AND SECOND REQUEST FOR MODIFICATION OF THE BRIEFING SCHEDULE MOTION for Modification of Briefing Schedule filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Affidavit Ferrand Declaration)(Newton, Emily) (Entered: 07/22/2016)
2016-08-04	43	NOTICE of Appearance by Kathleen E Brody on behalf of American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Brody, Kathleen) (Entered: 08/04/2016)
2016-09-02	44	ORDER: IT IS ORDERED that the parties shall appear before this Court in Courtroom 505, Sandra Day O'Connor United States Courthouse, 401 W. Washington St., Phoenix, Arizona 85003, on September 16, 2016, at 2 p.m. for a hearing on Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ), including the status of document production, and Plaintiffs' Motion for Sanctions (Doc. 37 ). IT IS FURTHER ORDERED that Counsel to the Inspector General appear before the Court at the September 16, 2016 hearing. IT IS FURTHER ORDERED that during pendency of these proceedings, Defendant shall continue to produce responsive documents on a rolling basis and will redouble its efforts, working diligently towards the production of all responsive documents, utilizing the identified resources and progress initiatives indicated in its Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ). (See attached Order for details). Signed by Judge John J Tuchi on 9/2/16. (JAMA) (Entered: 09/02/2016)
2016-09-07	45	Joint MOTION to Continue HEARING ON DEFENDANT'S MOTION TO STAY PROCEEDINGS AND SECOND MOTION FOR MODIFICATION OF THE BRIEFING SCHEDULE AND PLAINTIFFS' REQUEST FOR SANCTIONS by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Reddy, Aarti) (Entered: 09/07/2016)
2016-09-09	46	ORDER: IT IS HEREBY ORDERED granting the parties' Joint Motion to Continue Hearing on Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule and Plaintiffs' Request for Sanctions (Doc. 45 ). The 2:00 p.m. hearing on September 16, 2016 is vacated and reset for 8:00 a.m. on October 3, 2016. The parties shall appear before this Court in Courtroom 505, Sandra Day O'Connor United States Courthouse, 401 W. Washington St., Phoenix, Arizona 85003, for a hearing on Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ), including the status of document production, and Plaintiffs' Motion for Sanctions (Doc. 37 ). IT IS FURTHER ORDERED that all other aspects of this Court's Order of September 2, 2016 (Doc. 44 ) are in effect. (See attached Order). Signed by Judge John J Tuchi on 9/9/16.(JAMA) (Entered: 09/09/2016)
2016-10-03	47	MINUTE ENTRY for proceedings held before Judge John J Tuchi: Motion Hearing held on 10/3/2016 re: Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ), including the status of document production, and Plaintiffs' Motion for Sanctions (Doc. 37 ). Discussion held. For reasons as stated on the record, IT IS ORDERED granting in part and denying in part Defendant's Motion to Stay Proceedings and Second Motion for Modification of the Briefing Schedule (Doc. 34 ). IT IS FURTHER ORDERED that by no later than noon on Friday, 10/7/2016, the parties shall file with the Court a joint proposed schedule for the remaining components of the delivery of documents, indices and briefing schedule. IT IS FURTHER ORDERED taking under advisement Plaintiffs' Motion for Sanctions (Doc. 37 ). APPEARANCES: Aarti Reddy and Kathleen Brody for Plaintiffs. Emily Newton for Defendants. (Court Reporter Elaine Cropper.) Hearing held 8:01 AM to 8:45 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 10/03/2016)
2016-10-04	48	TRANSCRIPT REQUEST by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties for proceedings held on 10-03-2016, Judge John J Tuchi hearing judge(s). (Reddy, Aarti) (Entered: 10/04/2016)
2016-10-06	49	STIPULATION regarding Parties' Proposed Schedule by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 10/06/2016)
2016-10-11	50	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of MOTION HEARING proceedings held on 10/03/2016, before Judge John J. Tuchi. (Court Reporter: Elaine Cropper). The ordering party will have electronic access to the transcript immediately. All others may view the transcript at the court public terminal or it may be purchased through the Court Reporter/Transcriber by filing a Transcript Order Form on the docket before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/1/2016. Redacted Transcript Deadline set for 11/14/2016. Release of Transcript Restriction set for 1/9/2017. (RAP) (Entered: 10/13/2016)
2016-10-19	51	ORDER: IT IS ORDERED granting 49 the Joint Proposed Schedule. (See attached Order for details and deadlines). Signed by Judge John J Tuchi on 10/19/16. (JAMA) (Entered: 10/19/2016)
2016-11-16	52	Joint MOTION to Amend/Correct 51 Order on Stipulation by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration of Aarti G. Reddy, # 2 Text of Proposed Order)(Reddy, Aarti) (Entered: 11/16/2016)
2016-11-18	53	ORDER: IT IS ORDERED granting 52 the Parties' Joint Motion to Amend Scheduling Order. (See attached Order for deadlines and details). Signed by Judge John J Tuchi on 11/18/16.(JAMA) (Entered: 11/18/2016)
2017-02-06	54	Fourth MOTION for Extension of Time to File Motion for Summary Judgment , Vaughn indices, and accompanying declarations by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 02/06/2017)
2017-02-07	55	ORDER: IT IS ORDERED granting 54 Defendants' Motion for an Extension of Time to File Motion for Summary Judgment. Defendants have until February 10, 2017, to file their motion for summary judgment, final Vaughn indices, and accompanying declarations. Signed by Judge John J Tuchi on 2/6/17.(JAMA) (Entered: 02/07/2017)
2017-02-10	56	MOTION for Summary Judgment by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Exhibit A - Howard Declaration (CBP), # 3 Appendix Exhibit A1 - Vaughn Index (CBP), # 4 Affidavit Exhibit B - Pineiro Declaration (ICE), # 5 Appendix Exhibit B1 - Vaughn Index (ICE), # 6 Affidavit Exhibit C - Tyrrell Declaration (CRCL), # 7 Appendix Exhibit C1 - Vaughn Index (CRCL), # 8 Affidavit Exhibit D - Goal Declaration (OIG), # 9 Appendix Exhibit D1 - Vaughn Index (OIG))(Newton, Emily) (Entered: 02/10/2017)
2017-02-10	57	STATEMENT OF FACTS re: 56 MOTION for Summary Judgment by Defendants United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 02/10/2017)
2017-02-15	58	Consent MOTION for Leave to File Excess Pages by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 02/15/2017)
2017-02-17	59	ORDER: IT IS ORDERED granting Defendants' Nunc Pro Tunc Motion for an Extension of the Page Limits (Doc. 58). Defendants are permitted to file a motion for summary judgment not to exceed 25 pages. In addition, Plaintiffs' combined cross-motion for summary judgment and opposition to Defendants' motion for summary judgment shall not exceed 30 pages; Defendants' opposition to Plaintiffs' cross-motion for summary judgment and reply shall not exceed 15 pages; and Plaintiffs' reply shall not exceed 10 pages. (See attached Order). Signed by Judge John J Tuchi on 2/17/17.(JAMA) (Entered: 02/17/2017)
2017-03-15	60	ORDER denying 37 Motion for Sanctions with leave to re-file after the Court rules on Defendants' pending Motion for Summary Judgment 56 . Signed by Judge John J. Tuchi on 3/15/17.(CLB) (Entered: 03/15/2017)
2017-03-28	61	RESPONSE to Motion re: 56 MOTION for Summary Judgment filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) (Entered: 03/28/2017)
2017-03-28	62	MOTION for Summary Judgment by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of Kathryn Huddleston, # 2 Affidavit of James F. Tomsheck, # 3 Text of Proposed Order)(Reddy, Aarti) (Entered: 03/28/2017)
2017-03-28	63	STATEMENT OF FACTS re: 62 MOTION for Summary Judgment by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) (Entered: 03/28/2017)
2017-03-28	64	*STATEMENT OF FACTS re: 61 Response to Motion for Summary Judgment, 57 Statement of Facts Plaintiffs Controverting Statement of Facts by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Reddy, Aarti) *Modified on 3/29/2017 to add document linkage (ATD). (Entered: 03/28/2017)
2017-03-28	65	DECLARATION of Aarti G. Reddy re: 63 Statement of Facts, 62 MOTION for Summary Judgment . filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9)(Reddy, Aarti) (Entered: 03/28/2017)
2017-03-28	66	Additional Attachments to Main Document re: 65 Declaration, 63 Statement of Facts, 62 MOTION for Summary Judgment Exhibit 10 by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit 11, # 2 Exhibit 12, # 3 Exhibit 13, # 4 Exhibit 14, # 5 Exhibit 15, # 6 Exhibit 16, # 7 Exhibit 17, # 8 Exhibit 18, # 9 Exhibit 19, # 10 Exhibit 20)(Reddy, Aarti) (Entered: 03/28/2017)
2017-04-04	67	NOTICE of Attorney Withdrawal Daniel J. Pochoda filed by Kathleen E Brody. (Brody, Kathleen) (Entered: 04/04/2017)
2017-04-10	68	NOTICE of Appearance by Kathryn Lynn Huddleston on behalf of American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Huddleston, Kathryn) (Entered: 04/10/2017)
2017-04-25	69	Consent MOTION for Extension of Time to file Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross Motion for Summary Judgment by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 04/25/2017)
2017-04-26	70	ORDER: IT IS ORDERED granting 69 Defendants' Unopposed Motion for One-Day Extension To File Their Reply in Support of their Motion for Summary Judgement and Opposition to Plaintiffs' Cross Motion for Summary Judgment. Defendants shall file their Reply no later than Wednesday, April 26, 2017. Signed by Judge John J Tuchi on 4/25/17.(JAMA) (Entered: 04/26/2017)
2017-04-26	71	*REPLY to Response to Motion re: 56 MOTION for Summary Judgment, RESPONSE to Motion re 62 MOTION for Summary Judgment filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Defendants' Controverting Statement of Facts, # 2 Affidavit CRCL, # 3 Exhibit CRCL A-1, # 4 Exhibit CRCL A-2, # 5 Exhibit CRCL A-3, # 6 Affidavit CBP, # 7 Exhibit CBP B-1, # 8 Exhibit CBP B-2, # 9 Affidavit ICE, # 10 Exhibit ICE Supplemental Vaughn, # 11 Affidavit OIG, # 12 Exhibit OIG Supplemental Vaughn)(Newton, Emily) *Modified at response/linkage on 4/27/2017 (DXD). (Entered: 04/26/2017)
2017-05-12	72	* MOTION for Extension of Time to File Reply in Support of Motion for Summary Judgment by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of Aarti G. Reddy, # 2 Text of Proposed Order)(Reddy, Aarti) * Modified to reflect correct event on 5/15/2017 (SLQ). (Entered: 05/12/2017)
2017-05-15	73	ORDER granting 72 Motion for Extension of Time to File Reply re: 62 MOTION for Summary Judgment. The due date for Plaintiffs to file a reply in support of their Motion for Summary Judgment (Doc. 62 ) is extended to July 7, 2017. Signed by Judge John J Tuchi on 5/15/17. (LAD) (Entered: 05/15/2017)
2017-07-07	74	REPLY to Response to Motion re: 62 MOTION for Summary Judgment PLAINTIFFS' REPLY IN SUPPORT OF THEIR CROSS MOTION FOR SUMMARY JUDGMENT filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of James F. Tomsheck, # 2 Affidavit of Aarti G. Reddy, # 3 Exhibit Index, # 4 Exhibit 21, # 5 Exhibit 22, # 6 Exhibit 23, # 7 Exhibit 24, # 8 Exhibit 25, # 9 Exhibit 26, # 10 Exhibit 27, # 11 Exhibit 28, # 12 Exhibit 29, # 13 Exhibit 30, # 14 Exhibit 31, # 15 Exhibit 32, # 16 Exhibit 33, # 17 Exhibit 34, # 18 Exhibit 35, # 19 Exhibit 36, # 20 Exhibit 37, # 21 Exhibit 38)(Somvichian, Whitty) (Entered: 07/07/2017)
2017-08-09	75	*NOTICE of Attorney Withdrawal terminating Kathryn Lynn Huddleston by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Brody, Kathleen) *Modified to correct event on 8/10/2017 (DXD). (Entered: 08/09/2017)
2017-08-14	76	ORDER granting in part and denying in part 56 Defendants Motion for Summary Judgment and 62 Plaintiffs Motion for Summary Judgment. Granting each party leave to re-file abbreviated and non-duplicative motions for summary judgment as set forth in this Order, if necessary. See Order for details. Signed by Judge John J Tuchi on 8/14/17.(DXD) (Entered: 08/14/2017)
2017-08-28	77	MOTION for Reconsideration re: 76 Order on Motion for Summary Judgment or, in the Alternative, for Partial Stay Pending Potential Appeal by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Robinson, Stuart) (Entered: 08/28/2017)
2017-08-30	78	NOTICE of Appearance by William Bradford Peard on behalf of American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Peard, William) (Entered: 08/30/2017)
2017-10-25	79	ORDER: IT IS ORDERED that Plaintiffs shall file a brief in response to Defendants' Motion for Reconsideration (Doc. 77 ) not to exceed 12 pages by November 8, 2017. No replies are permitted. (See attached Order). Signed by Judge John J Tuchi on 10/25/17. (JAMA) (Entered: 10/25/2017)
2017-11-01	80	MOTION for Extension of Time to File Response/Reply as to 79 Order, 77 MOTION for Reconsideration re: 76 Order on Motion for Summary Judgment or, in the Alternative, for Partial Stay Pending Potential Appeal by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Affidavit of Aarti G. Reddy, # 2 Text of Proposed Order)(Somvichian, Whitty) (Entered: 11/01/2017)
2017-11-02	81	ORDER: IT IS ORDERED granting 80 Plaintiffs' Unopposed Motion for an Extension of Time to File Response to Defendants' Motion for Reconsideration. The due date for Plaintiffs' to file a response to Defendants' Motion for Reconsideration (Doc. 77 ) is extended to November 15, 2017. (See attached Order). Signed by Judge John J Tuchi on 11/2/17.(JAMA) (Entered: 11/02/2017)
2017-11-09	82	NOTICE re: of Supplemental Authority by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement re: 77 MOTION for Reconsideration re: 76 Order on Motion for Summary Judgment or, in the Alternative, for Partial Stay Pending Potential Appeal . (Attachments: # 1 Exhibit Attachment 1)(Newton, Emily) (Entered: 11/09/2017)
2017-11-15	83	RESPONSE to Motion re: 77 MOTION for Reconsideration re: 76 Order on Motion for Summary Judgment or, in the Alternative, for Partial Stay Pending Potential Appeal Plaintiffs Response to Defendants Motion for Partial Reconsideration or, in the Alternative, for Partial Stay Pending Potential Appeal filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration of Aarti G. Reddy in Support, # 2 Exhibit A to Reddy Declaration, # 3 Exhibit B to Reddy Declaration, # 4 Exhibit C to Reddy Declaration, # 5 Exhibit D to Reddy Declaration, # 6 Exhibit E to Reddy Declaration, # 7 Exhibit F to Reddy Declaration, # 8 Exhibit G to Reddy Declaration, # 9 Declaration of Mitra Ebadolahi in Support)(Reddy, Aarti) (Entered: 11/15/2017)
2018-03-21	84	NOTICE of Attorney Withdrawal Aarti G. Reddy filed by Whitty Somvichian. (Somvichian, Whitty) (Entered: 03/21/2018)
2018-03-22	85	ORDER: Defendants' Motion for Reconsideration 77 is granted in part and denied in part. The Court agrees it erred when it stated that a protective order would be appropriate under FOIA to keep disclosure of the employees' names private. However, upon review of the parties' more extensive briefing, the Court still finds that the requested employees' names are not exempt from disclosure under FOIA Exemptions 6 or 7(C), and Defendants must therefore disclose the requested names. IT IS FURTHER ORDERED granting Defendants a stay of 60 days from the date of this Order to comply with this Order. This stay applies only to the disclosures addressed in this Order. IT IS FURTHER ORDERED that the parties shall file a joint status report 60 days from the date of this Order. Signed by Judge John J Tuchi on 3/22/2018. (REK) (Entered: 03/22/2018)
2018-05-15	86	MOTION to Stay for Two Weeks Defendants' Production Deadline by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 05/15/2018)
2018-05-16	87	RESPONSE in Opposition re: 86 MOTION to Stay for Two Weeks Defendants' Production Deadline filed by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Somvichian, Whitty) (Entered: 05/16/2018)
2018-05-17	88	ORDER: IT IS ORDERED denying 86 Defendants' Motion for a Two-Week Administrative Stay of Production Deadline. (See attached Order). Signed by Judge John J Tuchi on 5/17/18. (JAMA) (Entered: 05/17/2018)
2018-05-17	89	*NOTICE OF INTERLOCUTORY APPEAL to 9th Circuit Court of Appeals re: 85 Order by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) *Modified to correct event on 5/18/2018 (REK). (Entered: 05/17/2018)
2018-05-18	90	NOTICE TO FILER OF DEFICIENCY re: 89 Notice of Appeal filed by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security Office of Inspector General, United States Department of Homeland Security. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 05/18/2018)
2018-05-18	91	USCA Case Number re: 89 Notice of Interlocutory Appeal; Ninth Circuit Case number 18-15907. (ATD) (Entered: 05/18/2018)
2018-05-21	92	ORDER of USCA (18-15907) granting appellants' unopposed emergency motion to stay the district court's 3/22/18 order pending appeal ( 85 ) re: 89 Notice of Appeal filed by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security Office of Inspector General, United States Department of Homeland Security. (LAD) (Entered: 05/21/2018)
2018-05-21	93	STATUS REPORT filed jointly with Defendants by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order Attachment A, # 2 Text of Proposed Order Attachment B)(Somvichian, Whitty) (Entered: 05/21/2018)
2018-05-23	94	ORDER: To the extent Defendants have not already submitted to Plaintiffs revised or supplemented Declarations pursuant to the Court's Order (Doc. 76 at 8-15), or revised Vaughn Indices pursuant to the same Order (Doc. 76 at 19-20, 22, 25-26), Defendants shall submit to Plaintiffs the required revisions and/or supplements by June 4, 2018, and Defendants shall file with the Court a Notice of Compliance the same day. IT IS FURTHER ORDERED that, as discussed in more detail in this Order, the parties shall each file a brief not to exceed five pages by June 4, 2018, addressing the requirements for filing on the public docket the information provided pursuant to a FOIA request. No responses or replies are permitted. Signed by Judge John J Tuchi on 5/23/2018. (REK) (Entered: 05/23/2018)
2018-06-04	95	NOTICE re: of Compliance by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement re: 94 Order, Set Deadlines . (Newton, Emily) (Entered: 06/04/2018)
2018-06-04	96	STATEMENT of Defendants re: 94 Order, Set Deadlines by Defendants United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Newton, Emily) (Entered: 06/04/2018)
2018-06-04	97	BRIEF re: 94 Order, Set Deadlines Plaintiffs' Supplemental Brief re the Filing of Declarations and Vaughn Incidies by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Somvichian, Whitty) (Entered: 06/04/2018)
2018-06-04	98	DECLARATION of Whitty Somvichian re: 94 Order, Set Deadlines in Support of Plaintifs' Supplemental Brief re the Filing of Declarations and Vaughn Indicies by Plaintiffs American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Somvichian, Whitty) (Entered: 06/04/2018)
2018-06-05	99	NOTICE TO FILER OF DEFICIENCY re: 95 Notice (Other) filed by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security Office of Inspector General, United States Department of Homeland Security, 96 Statement filed by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security Office of Inspector General, United States Department of Homeland Security. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 06/05/2018)
2018-06-07	100	ORDER: IT IS ORDERED setting a telephonic status conference for Monday, June 25, 2018 at 3:00 p.m., Arizona time, in Courtroom 505, 401 West Washington Street, Phoenix, AZ 85003, to discuss whether any issues remain requiring further briefing in this case, with the exception of the issue on appeal. Chambers will e-mail dial-in information to all counsel prior to the telephonic hearing. Signed by Judge John J Tuchi on 6/7/18. (MAW) (Entered: 06/07/2018)
2018-06-20	101	Consent MOTION to Alter Time of Status Conference re: 100 Order, Set/Reset Hearings by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 06/20/2018)
2018-06-21	102	ORDER: IT IS ORDERED granting 101 granting Defendant's Unopposed Motion to Alter the Time of the Telephonic Status Conference. IT IS FURTHER ORDERED vacating the Telephonic Status Conference set for June 25, 2018, at 3:00 p.m. and resetting it for July 10, 2018, at 9:30 a.m. in Courtroom 505, 401 W. Washington Street, Phoenix, AZ 85003 before Judge John J. Tuchi. Chambers will e-mail dial-in instructions to counsel. (See attached Order). Signed by Judge John J Tuchi on 6/21/18. (JAMA) (Entered: 06/21/2018)
2018-07-10	103	MINUTE ENTRY for proceedings held before Judge John J Tuchi: Telephonic Status Conference held on 7/10/2018. Discussion held. IT IS ORDERED that the parties shall file a joint status report by no later than 5:00 PM on 8/31/2018. TELEPHONIC APPEARANCES: Mitra Ebadolahi and Whitty Somvichian for Plaintiffs. Emily Newton for Defendants. (Court Reporter Elaine Cropper.) Hearing held 9:31 AM to 9:41 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (JAMA) (Entered: 07/10/2018)
2018-08-30	104	STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 08/30/2018)
2018-08-31	105	NOTICE TO FILER OF DEFICIENCY re: 104 Report - Status filed by United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security Office of Inspector General, United States Department of Homeland Security. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MSA) (Entered: 08/31/2018)
2018-09-05	106	ORDER: IT IS HEREBY ORDERED that the parties shall continue their good faith negotiations and file a joint status report by November 28, 2018, updating the Court on their progress. Signed by Judge John J Tuchi on 9/5/18. (JAMA) (Entered: 09/05/2018)
2018-11-28	107	STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) (Entered: 11/28/2018)
2018-11-28	108	NOTICE TO FILER OF DEFICIENCY re: 107 Report - Status. Document not in compliance with LRCiv 7.1(a)(3) - Party names must be capitalized using proper upper and lower case type. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (DXD) (Entered: 11/29/2018)
2018-12-12	109	ORDER: IT IS ORDERED that if the parties have not reached agreement on the issue of attorney fees by February 11, 2019, they shall file any Motions on that issue no later than that date. (See attached Order). Signed by Judge John J Tuchi on 12/12/18. (JAMA) (Entered: 12/12/2018)
2019-01-30	110	*Joint MOTION for Extension of Time to File any Motion for Attorney's Fees by United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Homeland Security Office for Civil Rights and Civil Liberties, United States Department of Homeland Security Office of Inspector General, United States Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Newton, Emily) *Modified to correct motion type on 1/31/2019 (REK). (Entered: 01/30/2019)
2019-01-31	111	ORDER: IT IS ORDERED granting 110 the Parties' Joint Motion to Extend. The parties shall continue their good faith negotiations and file any motion for attorney's fees, as necessary, by March 18, 2019. Signed by Judge John J Tuchi on 1/31/19. (JAMA) (Entered: 01/31/2019)
2019-03-13	112	*Joint MOTION for Extension of Time To File Motion for Attorney's Fees by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Text of Proposed Order)(Somvichian, Whitty) *Modified to correct motion type on 3/14/2019 (REK). (Entered: 03/13/2019)
2019-03-15	113	ORDER: IT IS ORDERED granting the Joint Motion to Extend (Doc. 112 ). The deadline for filing any motion for attorney's fees is extended to May 30, 2019. There will be no further extensions. Signed by Judge John J Tuchi on 3/15/19. (JAMA) (Entered: 03/15/2019)
2019-05-15	114	STIPULATION of Dismissal Stipulation of Partial Dismissal With Prejudice by American Civil Liberties Union of Arizona, American Civil Liberties Union of San Diego and Imperial Counties. (Somvichian, Whitty) (Entered: 05/15/2019)
2019-05-16	115	NOTICE TO FILER OF DEFICIENCY re: 114 Stipulation of Dismissal filed by American Civil Liberties Union of San Diego and Imperial Counties, American Civil Liberties Union of Arizona. Document not in compliance with LRCiv 7.1(a)(1): The name, address, email address, State Bar Attorney number, telephone number, and optionally the fax number, of the attorney appearing for the party in the action or proceeding and whether the attorney appears for the plaintiff, defendant, or other other party - in propria persona - must be typewritten or printed in the space to the left of the center of the page and beginning at line one (1) on the first page. The space to the right of the center must be reserved for the filing marks of the Clerk. No further action is required . This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (REK) (Entered: 05/16/2019)
2019-05-21	116	NOTICE of Attorney Withdrawal William B. Peard filed by Kathleen E Brody. (Brody, Kathleen) (Entered: 05/21/2019)
2019-05-29	117	ORDER granting the Stipulation of Partial Dismissal with Prejudice 114 . IT IS FURTHER ORDERED dismissing with prejudice all of Plaintiffs' claims against Defendants relating to Plaintiffs' FOIA request, except for the issue on appeal; and any and all claims that Plaintiffs may have for attorney's fees, costs, and litigation expenses in this Court, including for work in this Court related to the issue on appeal, regardless of whether Plaintiffs ultimately prevail on the issue on appeal. IT IS FURTHER ORDERED instructing the Clerk of Court to close this matter.Should any decision or action by the Ninth Circuit Court of Appeals necessitate further action in this Court, the Court will order reopening of these proceedings as necessary. Signed by Judge John J Tuchi on 5/29/2019. (REK) (Entered: 05/29/2019)
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