Case Detail

FOIA Project Annotation: Occasionally a judge finds an agency so ill-prepared to support its summary judgment motion in court that it leaves an observer wondering why the agency left itself so exposed to criticism when either a more thorough search (or even a more detailed explanation of its search) and a more substantive explanation of its exemption claims would probably have persuaded the judge to grant the agency's motion. Even in such egregious circumstances, judges often seem reluctant to completely rule against the agency, frequently allowing agencies further chances to supplement their affidavits to appropriately justify the judge's concerns. Nevertheless, the almost casual approach often exhibited by Department of Justice attorneys representing agencies and the agencies themselves is often astounding. The case involved a request from the New Orleans Workers' Center for Racial Justice and 11 individual plaintiffs for records concerning the Criminal Alien Removal Initiative run by U.S. Immigration and Customs Enforcement. The Center requested seven categories of records, each of which contained several subcategories. The agency decided that any responsive records would be maintained by the Office of Enforcement and Removal Operations and the Office of Principal Legal Advisor. ERO searched its headquarters, its Secure Communities and Enforcement office, its Field Operations Office, and its New Orleans Office. OPLA was not searched because it indicated that it had nothing to do with the CARI program. The agency disclosed 3,680 pages of documents, as well as spreadsheets of data. ICE argued that its search was adequate although the request, while focusing on CARI, also referred to undefined programs that were similar to CARI. But Judge Reggie Walton noted that "the Court cannot conclude for several reasons that the Requester's shortcomings justify the scope of the search conducted by the defendants in this case. First, as the plaintiffs correctly note, the defendant failed to timely notify them of any perceived deficiencies in their Request in violation of the defendant's own FOIA regulations in effect at the time." Walton observed that "here, it is undisputed that the defendant did not notify the plaintiff at any point prior to the filing of this action that it believed the Request failed to reasonably describe the records sought or give the plaintiffs an opportunity to address such perceived failures. . .Given the defendant's failure to follow its own administrative process, the Court cannot conclude that any failure on the part of plaintiffs to reasonably describe the records sought supports the defendant's position that it is entitled to summary judgment as to the adequacy of its search." Beyond that, Walton pointed out that "the Court cannot conclude that the defendant's interpretation of the Request was reasonable." Noting that the D.C. Circuit had instructed agencies to interpret requests broadly, Walton observed that "the defendant appears to have ignored this instruction, as it has narrowly interpreted the Request as seeking only records related to CARI." He added that "the defendant's interpretation of the Request as excluding the non-CARI-specific information requested is plainly inconsistent with its obligation to 'construe a FOIA request liberally.'" Walton rejected ICE's claim that the request was unduly burdensome, noting that "the defendant's generic claims that the plaintiffs' Request is 'overly broad' are plainly insufficient to satisfy this burden." Walton faulted the agency's decision to limit its search to one office. He pointed out that "plaintiffs have identified evidence demonstrating that the defendant 'had reason to know' that at least six other offices may possess responsive documents." Walton indicated that "given other evidence demonstrating that CARI is a nationwide initiative involving ERO's twenty-four field offices, the Court agrees with the plaintiff that 'it strains credulity for [the defendant] to assert that [the] ERO could implement. . .[CARI] without any involvement whatsoever of any ICE headquarters office.'" He also questioned ICE's failure to search its databases because such a search was too burdensome. He observed that "the defendant has failed to identify the specific electronic files or systems to which it is referring or describe in any detail what information they contain and how that information is stored and retrieved. Thus, the Court lacks sufficient information to assess the defendant's claim that a search for these records would require an unreasonably burdensome manual search." He added that "the defendant has failed to provide the Court with an estimate of the time or cost required for a manual search or the total number of files that would need to be searched." Walton noted that the Center had provided evidence that CARI arrests were tracked electronically, indicating that "defendant does not specifically respond to this evidence that it did in fact track electronically whether an arrest related to CARI." Walton found the agency's search of its email accounts also fell short and indicated that email attachments to responsive emails should also be considered responsive to the request. He found the search terms â€" which were limited to CARI and Criminal Alien Removal Initiative â€" insufficient as well. He pointed out that "absent further explanation from the defendant as to why the terms 'CARI' and Criminal Alien Removal Initiative' are sufficient to locate all responsive records, the Court cannot conclude that the use of these terms alone is adequate." However, Walton disagreed with the Center's contention that the failure of the agency to find certain records suggested that its search was insufficient. The agency withheld a number of records under Exemption 5 (privileges). Walton criticized many of the agency's deliberative process privilege claims, finding that many of them were undercut by the agency's lack of detailed explanations. The agency withheld personally-identifying information under both Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Walton noted that while redactions made under Exemption 7(C) appeared in context to relate to law enforcement records, the agency's descriptions were far too vague. He pointed out that "to the extent that the defendant seeks to continue to withhold the redacted information contained in these records pursuant to Exemption 7(C), it must supplement its Vaughn Index too provide the information necessary for the Court to determine wh3ther these records satisfy that exemption's requirements." He found the agency's claims under Exemption 6 to be equally wanting. Rejecting the agency's categorical approach to withholding personally-identifying information, Walton observed that "while public disclosure of a government employee's access to certain information could pose a real risk of harassment, the existence or extent of such a risk necessarily depends on the sensitivity of the information to which the individual has access and the extent of that access. However, the defendant has failed to provide any detail regarding the 'official law enforcement investigation information' at issue or the nature of the government employees' access to that information." Walton acknowledged that the agency's burden of proof to show that records were protected under Exemption 7(E) (investigative methods or techniques) was low but indicated that ICE had not adequately supported those claims. Walton pointed out that "absent any meaningful description of the information withheld or the 'databases' or 'systems' to which the withheld information would allegedly permit access, the Court is unable to say that any such risk is 'self-evident.'"
Issues: Search - Reasonableness of search, Search - Detailed description of search, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Personnel, medical, similar file, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2015-03-25	1	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0090-4034046) filed by ALFREDO CARRERA, MARIO MENDOZA, MARIA AMAYA, DENIS CHIRINOS-AVILA, ERLIN SAN MARTIN-GOMEZ, ILDA SARMIENTO, SANTOS ALVARADO, IRMA LEMUS, NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE, MELVIN BARDALES-DERAS, RONALD MARTINEZ-RIVERA, JIMMY BARRAZA-BONILLA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Kirkpatrick, Michael) (Entered: 03/25/2015)
2015-03-25	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE (Kirkpatrick, Michael) (Entered: 03/25/2015)
2015-03-25		Case Assigned to Judge Reggie B. Walton. (sth, ) (Entered: 03/25/2015)
2015-03-25	3	SUMMONS (3) Issued Electronically as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons)(sth, ) (Entered: 03/25/2015)
2015-03-25	4	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 3/25/2015. Answer due for ALL FEDERAL DEFENDANTS by 4/24/2015. (Kirkpatrick, Michael) (Entered: 03/25/2015)
2015-03-30	5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Yihong "Julie" Mao, :Firm- New Orleans Workers' Center for Racial Justice, :Address- 217 N. Prieur Street, New Orleans, LA 70112. Phone No. - 504-309-5165. Filing fee $ 100, receipt number 0090-4038807. Fee Status: Fee Paid. by SANTOS ALVARADO, MARIA AMAYA, MELVIN BARDALES-DERAS, JIMMY BARRAZA-BONILLA, ALFREDO CARRERA, DENIS CHIRINOS-AVILA, IRMA LEMUS, RONALD MARTINEZ-RIVERA, MARIO MENDOZA, NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE, ERLIN SAN MARTIN-GOMEZ, ILDA SARMIENTO (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 03/30/2015)
2015-03-30	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Jennifer J. Rosenbaum, :Firm- New Orleans Workers' Center for Racial Justice, :Address- 217 N. Prieur Street, New Orleans, LA 70112. Phone No. - 504-309-5165. Filing fee $ 100, receipt number 0090-4038826. Fee Status: Fee Paid. by SANTOS ALVARADO, MARIA AMAYA, MELVIN BARDALES-DERAS, JIMMY BARRAZA-BONILLA, ALFREDO CARRERA, DENIS CHIRINOS-AVILA, IRMA LEMUS, RONALD MARTINEZ-RIVERA, MARIO MENDOZA, NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE, ERLIN SAN MARTIN-GOMEZ, ILDA SARMIENTO (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 03/30/2015)
2015-03-31		MINUTE ORDER granting 5 Motion for Admission of Yihong "Julie" Mao Pro Hac Vice; granting 6 Motion for Admission of Jennifer J. Rosenbaum Pro Hac Vice. The Court having considered the plaintiff's motions 5 and 6 , and it appearing to the Court that the attorneys referenced therein meet the requirements for pro hac vice admission under this Courts rules, it is ORDERED that the motions are GRANTED. It is further ORDERED that Yihong "Julie" Mao and Jennifer J. Rosenbaum are ADMITTED to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on 3/31/2015. (lcrbw3, ) (Entered: 03/31/2015)
2015-04-03	7	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Peter L. Markowitz, :Firm- Benjamin N. Cardozo School of Law, Immigration Justice Clinic, :Address- 55 Fifth Avenue, Room 1109, New York, NY 10003. Phone No. - (212) 790-0340. Filing fee $ 100, receipt number 0090-4045382. Fee Status: Fee Paid. by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 04/03/2015)
2015-04-10	8	NOTICE of Appearance by Joshua M. Kolsky on behalf of UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Kolsky, Joshua) (Entered: 04/10/2015)
2015-04-15	9	NOTICE of Appearance by Rhonda Lisa Campbell on behalf of UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Campbell, Rhonda) (Entered: 04/15/2015)
2015-04-16	10	NOTICE OF WITHDRAWAL OF APPEARANCE as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Attorney Rhonda Lisa Campbell terminated. (Campbell, Rhonda) (Entered: 04/16/2015)
2015-04-20	11	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 04/20/2015)
2015-04-29		MINUTE ORDER granting 11 Unopposed Motion for Extension of Time to Respond to Complaint. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the Unopposed Motion for Extension of Time to Respond to Complaint is GRANTED NUNC PRO TUNC to April 20, 2015. It is further ORDERED that the defendant shall answer or otherwise respond to the plaintiffs' complaint on or before May 25, 2015.. Signed by Judge Reggie B. Walton on 4/29/2015. (lcrbw3, ) (Entered: 04/29/2015)
2015-04-29		MINUTE ORDER granting 7 Motion for Admission of Peter L. Markowitz Pro Hac Vice. The Court having considered the plaintiffs' Motion for Admission of Peter L. Markowitz Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meet the requirements for pro hac vice admission under this Courts rules, it is ORDERED that the motion is GRANTED. It is further ORDERED that Peter L. Markowitz is ADMITTED to practice before the Court pro hac vice.. Signed by Judge Reggie B. Walton on 4/29/2015. (lcrbw3, ) (Entered: 04/29/2015)
2015-04-30		Set/Reset Deadlines: Answer or otherwise respond to complaint by 5/25/2015, (mpt, ) (Entered: 04/30/2015)
2015-05-25	12	ANSWER to Complaint by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Kolsky, Joshua) (Entered: 05/25/2015)
2015-07-23	13	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Thomas P. Fritzsche, :Firm- Benjamin N. Cardozo School of Law, Immigration Justice Clinic, :Address- 55 Fifth Avenue, 11th Floor, New York, NY 10003. Phone No. - (212) 790-0213. Filing fee $ 100, receipt number 0090-4186031. Fee Status: Fee Paid. by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 07/23/2015)
2015-07-27		MINUTE ORDER granting 13 Motion for Admission of Thomas P. Fritzsche Pro Hac Vice. The Court having considered the plaintiffs' Motion for Admission of Thomas P. Fritzsche, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is ORDERED that the motion is GRANTED. It is further ORDERED that Thomas P. Fritzsch is ADMITTED to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on 7/27/2015. (lcrbw3, ) (Entered: 07/27/2015)
2015-08-04	14	MEET AND CONFER STATEMENT. (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/04/2015)
2015-08-04	15	Joint MOTION to Stay and Joint Meet and Confer Statement by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Kolsky, Joshua) (Entered: 08/04/2015)
2015-08-05		MINUTE ORDER granting 15 Joint Meet and Confer Statement and Motion to Stay. For good cause shown, and in light of the parties' consent, it is hereby ORDERED that the Joint Meet and Confer Statement and Motion to Stay is granted and this case is STAYED until September 11, 2015. It is further ORDERED that the parties shall submit a joint report to the Court regarding the status of this action by September 11, 2015 and will propose a briefing schedule within that filing. Signed by Judge Reggie B. Walton on 8/5/2015. (lcrbw3, ) (Entered: 08/05/2015)
2015-08-05		Case Stayed until 9/11/15. (ztnr) (Entered: 08/07/2015)
2015-08-06		Set/Reset Deadlines: Joint Status Report due by 9/11/2015 (mpt) (Entered: 08/06/2015)
2015-09-11	16	Joint STATUS REPORT and Proposed Alternative Briefing Schedules by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order (Defendant's Proposed Order), # 2 Text of Proposed Order (Plaintiffs' Proposed Order), # 3 Exhibit A)(Kolsky, Joshua) (Entered: 09/11/2015)
2015-11-19	18	PETITION FOR CERTIFICATION OF LAW SCHOOL CLINIC PROGRAM AND LAW SCHOOL CLINICAL SUPERVISOR UNDER L.CV.R. 83.4 (zrdj) (Entered: 12/03/2015)
2015-11-23	17	NOTICE OF WITHDRAWAL OF APPEARANCE as to SANTOS ALVARADO, MARIA AMAYA, MELVIN BARDALES-DERAS, JIMMY BARRAZA-BONILLA, ALFREDO CARRERA, DENIS CHIRINOS-AVILA, IRMA LEMUS, RONALD MARTINEZ-RIVERA, MARIO MENDOZA, NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE, ERLIN SAN MARTIN-GOMEZ, ILDA SARMIENTO. Attorney "Julie" Yihong Mao terminated. (Mao, "Julie") (Entered: 11/23/2015)
2015-12-03	19	ORDER; granting 18 PETITION FOR CERTIFICATION OF LAW SCHOOL CLINIC PROGRAM AND LAW SCHOOL CLINICAL SUPERVISOR UNDER L.CV.R. 83.4, Signed by Judge Royce C. Lamberth on 11/30/2015. (hs) (Entered: 12/03/2015)
2016-01-07	20	Joint STATUS REPORT and Proposed Briefing Schedule by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Fritzsche, Thomas) (Entered: 01/07/2016)
2016-02-11	21	NOTICE OF SUBSTITUTION OF COUNSEL by Jason Todd Cohen on behalf of All Defendants Substituting for attorney Josh Kolsky (Cohen, Jason) (Entered: 02/11/2016)
2016-02-17		MINUTE ORDER. In light of the representations in the parties' 20 Joint Status Report and Proposed Briefing Schedule, and given the parties' consent, it is hereby ORDERED that the parties shall adhere to the following schedule for the briefing of summary judgment motions: the defendant shall file its motion for summary judgment, Vaughn index, and any supporting declarations or affidavits on or before February 19, 2016; the plaintiffs shall file their opposition to the defendant's motion for summary judgment and their cross-motion for summary judgment on or before March 21, 2016; the defendant shall file its reply in support of its motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before April 20, 2016; and the plaintiffs shall file their reply in support of their cross-motion for summary judgment on or before May 11, 2016. Signed by Judge Reggie B. Walton on 2/17/2016. (lcrbw3) (Entered: 02/17/2016)
2016-02-18		Set/Reset Deadlines: The defendant shall file its motion for summary judgment, Vaughn index, and any supporting declarations or affidavits on or before 2/19/2016; the plaintiffs shall file their opposition to the defendant's motion for summary judgment and their cross-motion for summary judgment on or before 3/21/2016; the defendant shall file its reply in support of its motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before 4/20/2016; and the plaintiffs shall file their reply in support of their cross-motion for summary judgment on or before 5/11/2016. (ad) Modified on 2/18/2016 (zrdj). (Entered: 02/18/2016)
2016-02-18	22	MOTION for Extension of Time to Reset and Extend Deadlines by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 02/18/2016)
2016-02-19	23	Memorandum in opposition to re 22 MOTION for Extension of Time to Reset and Extend Deadlines filed by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Attachments: # 1 Exhibit Exhibit 1, # 2 Text of Proposed Order Proposed Order)(Fritzsche, Thomas) (Entered: 02/19/2016)
2016-02-19		MINUTE ORDER granting 22 Motion for Extension of Time. Upon consideration of the defendant's Motion To Reset and Extend Deadlines, and the plaintiffs' Memorandum in Opposition to the defendant's motion, and for good cause shown, it is hereby ORDERED that the defendant's motion is GRANTED. It is further ORDERED that the parties shall adhere to the following schedule for the briefing of summary judgment motions: the defendant shall file its motion for summary judgment, Vaughn index, and any supporting declarations or affidavits on or before March 18, 2016; the plaintiffs shall file their opposition to the defendant's motion for summary judgment and their cross-motion for summary judgment on or before April 18, 2016; the defendant shall file its reply in support of its motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before May 18, 2016; and the plaintiffs shall file their reply in support of their cross-motion for summary judgment on or before June 8, 2016. Signed by Judge Reggie B. Walton on 2/19/2016. (lcrbw3) (Entered: 02/19/2016)
2016-02-19		Set/Reset Deadlines: The defendant shall file its motion for summary judgment, Vaughn index, and any supporting declarations or affidavits on or before 3/18/2016; the plaintiffs shall file their opposition to the defendant's motion for summary judgment and their cross-motion for summary judgment on or before 4/18/2016; the defendant shall file its reply in support of its motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before 5/18/2016; and the plaintiffs shall file their reply in support of their cross-motion for summary judgment on or before 6/08/2016. (ad) (Entered: 02/19/2016)
2016-03-18	24	MOTION for Summary Judgment , Statement of Undisputed Material Facts, and Memorandum of Law in Support of Motion for Summary Judgment by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 03/18/2016)
2016-03-18	25	AFFIDAVIT re 24 MOTION for Summary Judgment , Statement of Undisputed Material Facts, and Memorandum of Law in Support of Motion for Summary Judgment of Fernando Pineiro (with attached exhibits 1-7) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit 1 of Pineiro Decl., # 2 Exhibit 2 of Pineiro Decl., # 3 Exhibit 3 of Pineiro Decl., # 4 Exhibit 4 of Pineiro Decl., # 5 Exhibit 5 of Pineiro Decl., # 6 Exhibit 6 of Pineiro Decl., # 7 Exhibit 7 of Pineiro Decl. (Vaughn Index))(Cohen, Jason) (Entered: 03/18/2016)
2016-03-18	26	AFFIDAVIT re 24 MOTION for Summary Judgment , Statement of Undisputed Material Facts, and Memorandum of Law in Support of Motion for Summary Judgment of Paula Harrington by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cohen, Jason) (Entered: 03/18/2016)
2016-04-18	27	Memorandum in opposition to re 24 MOTION for Summary Judgment , Statement of Undisputed Material Facts, and Memorandum of Law in Support of Motion for Summary Judgment filed by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18 Part A, # 19 Exhibit Exhibit 18 Part B, # 20 Exhibit Exhibit 18 Part C, # 21 Exhibit Exhibit 19, # 22 Exhibit Exhibit 20, # 23 Exhibit Exhibit 21, # 24 Exhibit Exhibit 22, # 25 Exhibit Exhibit 23, # 26 Exhibit Exhibit 24, # 27 Exhibit Exhibit 25, # 28 Exhibit Exhibit 26, # 29 Exhibit Exhibit 27, # 30 Exhibit Exhibit 28, # 31 Exhibit Exhibit 29, # 32 Exhibit Exhibit 30, # 33 Text of Proposed Order Proposed Order)(Fritzsche, Thomas) (Entered: 04/18/2016)
2016-04-18	28	Cross MOTION for Summary Judgment Memorandum in Support of Cross-Motion for Summary Judgment, Statement of Undisputed Material Facts by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE (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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18 Part A, # 19 Exhibit 18 Part B, # 20 Exhibit 18 Part C, # 21 Exhibit 19, # 22 Exhibit 20, # 23 Exhibit 21, # 24 Exhibit 22, # 25 Exhibit 23, # 26 Exhibit 24, # 27 Exhibit 25, # 28 Exhibit 26, # 29 Exhibit 27, # 30 Exhibit 28, # 31 Exhibit 29, # 32 Exhibit 30, # 33 Text of Proposed Order Proposed Order)(Fritzsche, Thomas) (Entered: 04/18/2016)
2016-05-13	29	Consent MOTION for Extension of Time to File Response/Reply as to 24 MOTION for Summary Judgment , Statement of Undisputed Material Facts, and Memorandum of Law in Support of Motion for Summary Judgment , 28 Cross MOTION for Summary Judgment Memorandum in Support of Cross-Motion for Summary Judgment, Statement of Undisputed Material Facts by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 05/13/2016)
2016-05-16		MINUTE ORDER granting 29 Motion for Extension of Time to File Response/Reply. Upon consideration of the defendant's Consent Motion for Extension of Briefing Schedule, and in light of the plaintiffs' consent, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that the defendant shall file its reply in support of its motion for summary judgment and opposition to the plaintiffs' cross-motion for summary judgment on or before May 25, 2016. It is further ORDERED that the plaintiffs shall file their reply in support of their cross-motion for summary judgment on or before June 15, 2016. Signed by Judge Reggie B. Walton on 5/16/2016. (lcrbw3) (Entered: 05/16/2016)
2016-05-17		Set/Reset Deadlines: Response to Cross Motions due by 5/25/2016. Reply to Cross Motions due by 6/15/2016. Reply to Motion for Summary Judgment due by 5/25/2016. (hs) (Entered: 05/17/2016)
2016-05-25	30	REPLY to opposition to motion re 24 MOTION for Summary Judgment , Statement of Undisputed Material Facts, and Memorandum of Law in Support of Motion for Summary Judgment filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cohen, Jason) (Entered: 05/25/2016)
2016-05-25	31	AFFIDAVIT re 30 Reply to opposition to Motion, (Supplemental Declaration of Fernando Pineiro in Support of ICE's Motion for Summary Judgment) by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Supplemental Vaughn Index)(Cohen, Jason) (Entered: 05/25/2016)
2016-05-25	32	Memorandum in opposition to re 28 Cross MOTION for Summary Judgment Memorandum in Support of Cross-Motion for Summary Judgment, Statement of Undisputed Material Facts filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cohen, Jason) (Entered: 05/25/2016)
2016-06-15	33	REPLY to opposition to motion re 28 Cross MOTION for Summary Judgment Memorandum in Support of Cross-Motion for Summary Judgment, Statement of Undisputed Material Facts filed by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Attachments: # 1 Exhibit Amended Exhibit 16, # 2 Exhibit Amended Exhibit 17, # 3 Exhibit Amended Exhibit 18 part A, # 4 Exhibit Amended Exhibit 18 part B, # 5 Exhibit Amended Exhibit 18 part C, # 6 Exhibit Amended Exhibit 19, # 7 Exhibit Amended Exhibit 21, # 8 Exhibit Exhibit 31, # 9 Exhibit Exhibit 32, # 10 Text of Proposed Order Amended Proposed Order)(Fritzsche, Thomas) (Entered: 06/15/2016)
2016-07-01	34	Unopposed MOTION for Leave to File Surreply by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Proposed Order)(Cohen, Jason) (Entered: 07/01/2016)
2016-07-01	35	SURREPLY to re 28 Cross MOTION for Summary Judgment Memorandum in Support of Cross-Motion for Summary Judgment, Statement of Undisputed Material Facts filed by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Corrected Supplemental Vaughn Index entry for pp. 133-136)(Cohen, Jason) (Entered: 07/01/2016)
2016-07-05		MINUTE ORDER granting 34 Motion for Leave to File. Upon consideration of the Unopposed Motion for Leave To File Surreply, and in light of the plaintiffs' consent, it is hereby ORDERED that the motion is GRANTED. Signed by Judge Reggie B. Walton on 7/5/2016. (lcrbw3) (Entered: 07/05/2016)
2016-07-29	36	NOTICE of Change of Address by Michael T. Kirkpatrick (Kirkpatrick, Michael) (Entered: 07/29/2016)
2016-12-06	37	NOTICE OF WITHDRAWAL OF APPEARANCE as to NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. Attorney Thomas P. Fritzsche terminated. (Fritzsche, Thomas) (Entered: 12/06/2016)
2019-03-04	38	VACATED AS PER ORDER DATED 7/11/19 - DOC #45.............ORDER: In accordance with the attached Order, it is hereby ORDERED that the Defendant's Motion for Summary Judgment, ECF No. 24, is DENIED WITHOUT PREJUDICE. It is further ORDERED that the Plaintiffs' Cross-Motion for Summary Judgment, ECF No. 28, is GRANTED IN PART AND DENIED WITHOUT PREJUDICE IN PART. The motion is granted in part with respect to the adequacy of the defendant's search, namely, the defendant's failure to search the specific offices, systems, and files identified in the Court's Memorandum Opinion. The motion is denied without prejudice in all other respects. It is further ORDERED that the defendant shall (1) search the additional offices, systems, and files identified in the Court's Memorandum Opinion or, where appropriate, (2) submit a supplemental affidavit demonstrating why its initial searches were adequate. Additionally, the defendant shall supplement its Vaughn indices or file additional affidavits that address the deficiencies set forth in the Court's Memorandum Opinion. It is further ORDERED that, on or before April 1, 2019, the parties shall submit an initial joint status report summarizing the defendant's progress toward complying with this Order and proposing a schedule for further proceedings in this case. It is further ORDERED that additional joint status reports shall be submitted to the Court every thirty days thereafter until all of the concerns set forth in the Court's Memorandum Opinion have been addressed. It is further ORDERED that upon fully addressing the concerns expressed by the Court in its Memorandum Opinion, the parties shall submit to the Court a proposed schedule for the filing of additional summary judgment motions if disputes regarding the plaintiffs' Freedom of Information Act request remain. Signed by Judge Reggie B. Walton on March 4, 2019. (lcrbw3) (Entered: 03/04/2019)
2019-03-04	39	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on March 4, 2019. (lcrbw3) (Entered: 03/04/2019)
2019-03-04		Set/Reset Deadlines: Joint Status Report due by 4/1/2019 (hs) (Entered: 03/04/2019)
2019-04-01	40	Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Cohen, Jason) (Entered: 04/01/2019)
2019-04-30	41	Joint STATUS REPORT by SANTOS ALVARADO, MARIA AMAYA, MELVIN BARDALES-DERAS, JIMMY BARRAZA-BONILLA, ALFREDO CARRERA, DENIS CHIRINOS-AVILA, IRMA LEMUS, RONALD MARTINEZ-RIVERA, MARIO MENDOZA, NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE, ERLIN SAN MARTIN-GOMEZ, ILDA SARMIENTO. (Kirkpatrick, Michael) (Entered: 04/30/2019)
2019-05-31	42	Joint STATUS REPORT by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Kirkpatrick, Michael) (Entered: 05/31/2019)
2019-06-14	43	STIPULATION AND PROPOSED ORDER MODIFYING FOIA REQUEST by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Attachments: # 1 Exhibit Parameters for Supplemental Search)(Kirkpatrick, Michael) (Entered: 06/14/2019)
2019-06-17	44	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Mary Yanik, :Firm- New Orleans Workers Center for Racial Justice, :Address- 217 N. Prieur Street, New Orleans, LA 70112. Phone No. - (504) 264-4219. Filing fee $ 100, receipt number 0090-6192408. Fee Status: Fee Paid. by SANTOS ALVARADO, MARIA AMAYA, MELVIN BARDALES-DERAS, JIMMY BARRAZA-BONILLA, ALFREDO CARRERA, DENIS CHIRINOS-AVILA, IRMA LEMUS, RONALD MARTINEZ-RIVERA, MARIO MENDOZA, NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE, ERLIN SAN MARTIN-GOMEZ, ILDA SARMIENTO (Attachments: # 1 Declaration of Mary Yanik, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 06/17/2019)
2019-06-19		MINUTE ORDER. The Court having considered the plaintiffs' 44 Motion for Admission Pro Hac Vice - Mary Yanik, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Mary Yanik, 217 N. Prieur Street, New Orleans, Louisiana 70112 is ADMITTED to practice before the Court pro hac vice. Signed by Judge Reggie B. Walton on June 19, 2019. (lcrbw1) (Entered: 06/19/2019)
2019-06-19		MINUTE ORDER. It appearing necessary for the Court to obtain additional information before entering the parties' 43 Stipulation and Proposed Order Modifying FOIA Request, it is hereby ORDERED that the parties shall appear before the Court for a status conference on July 1, 2019, at 2:30 p.m. Signed by Judge Reggie B. Walton on June 19, 2019. (lcrbw1) (Entered: 06/19/2019)
2019-06-20		Set/Reset Hearings: Status Conference set for 7/1/2019 at 02:30 AM in Courtroom 16 before Judge Reggie B. Walton. (hs) (Entered: 06/20/2019)
2019-07-01		Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 7/1/2019. Future Status Conference set for 10/15/2019 at 9:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter CATHRYN JONES.) (mac) (Entered: 07/01/2019)
2019-07-11	45	ORDER: See attached Order for details. (Signed by Judge Reggie B. Walton on July 11, 2019). (lcrbw1) (Additional attachment Exhibit #1) (Entered: 07/11/2019)
2019-07-11		Set/Reset Hearings: Status Conference set for 10/15/2019 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (tj) (Entered: 07/11/2019)
2019-10-15		Minute Entry; for proceedings held before Judge Reggie B. Walton: Status Conference held on 10/15/2019. Status Conference set for 2/25/2020 at 09:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones) (hs) (Entered: 10/15/2019)
2019-11-21	46	NOTICE OF SUBSTITUTION OF COUNSEL by Sean Michael Tepe on behalf of UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney Jason Cohen (Tepe, Sean) (Entered: 11/21/2019)
2020-02-18		MINUTE ORDER. Due to a change in the Court's calendar, it is hereby ORDERED that the status conference currently scheduled for February 25, 2020, at 9:30 a.m., is RESCHEDULED for 9:00 a.m. on that same date. Signed by Judge Reggie B. Walton on February 18, 2020. (lcrbw1) Modified on 2/18/2020 to change March to February (lcrbw1). (Entered: 02/18/2020)
2020-02-25		Minute Entry for proceedings held before Judge Reggie B. Walton: Status Conference held on 2/25/2020. Parties continue to discuss the case. Status Conference set for 6/1/2020 at 9:30 AM in Courtroom 16 before Judge Reggie B. Walton. (Court Reporter Cathryn Jones.) (ztl) (Entered: 02/25/2020)
2020-05-27		MINUTE ORDER. Due to a change in the Court's calendar, the status conference currently scheduled for June 1, 2020, at 9:30 a.m., is CONTINUED to 10:00 a.m. on the same day. It is further ORDERED that, in light of Chief Judge Howell's May 26, 2020 Order, In re: Further Extension of Postponed Court Proceedings in Standing Order 20-9 and Limiting Court Operations in Exigent Circumstances Created by the COVID-19 Pandemic, Standing Order No. 20-29 (BAH), the parties shall appear for the status conference currently scheduled for June 1, 2020, at 10:00 a.m., via teleconference by calling 1-877-873-8017 and entering the Court's access code (8583213) followed by the pound key (#). Signed by Judge Reggie B. Walton on May 27, 2020. (lcrbw1) (Entered: 05/27/2020)
2020-05-27	47	Joint STATUS REPORT by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 05/27/2020)
2020-05-29		MINUTE ORDER. Upon consideration of the parties' 47 Joint Status Report, and for good cause shown, it is hereby ORDERED that status conference currently scheduled for June 1, 2020, is VACATED. It is further ORDERED that, on or before August 1, 2020, the parties shall submit a joint status report regarding the status of their efforts to resolve the plaintiffs' attorney's fees and costs. Signed by Judge Reggie B. Walton on May 29, 2020. (lcrbw1) (Entered: 05/29/2020)
2020-05-29		Set/Reset Deadlines: Joint Status Report due by 8/1/2020 (hs) (Entered: 05/29/2020)
2020-07-30	48	Joint STATUS REPORT by NEW ORLEANS WORKERS' CENTER FOR RACIAL JUSTICE. (Kirkpatrick, Michael) (Entered: 07/30/2020)
2020-07-31		MINUTE ORDER. Upon consideration of the parties' 48 Joint Status Report, and for good cause shown, it is hereby ORDERED that, on or before September 1, 2020, the parties shall submit a joint status report regarding the status of their efforts to resolve the plaintiffs' attorney's fees and costs. Signed by Judge Reggie B. Walton on July 31, 2020. (lcrbw1) (Entered: 07/31/2020)
2020-07-31		Set/Reset Deadlines: Joint Status Report due by 9/1/2020 (hs) (Entered: 07/31/2020)
2020-09-01	49	STIPULATION and Proposed Order of Dismissal by UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 09/01/2020)
2020-09-02		MINUTE ORDER. In light of the parties' 49 Stipulation and [Proposed] Order of Dismissal, it is hereby ORDERED that this case is DISMISSED WITH PREJUDICE. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on September 2, 2020. (lcrbw1) (Entered: 09/02/2020)
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