Case Detail

FOIA Project Annotation: A federal court in Colorado has ruled that immigration attorney Jennifer Smith's pattern or practice suit against U.S. Immigration and Customs Enforcement may go forward because Smith has indicated that she is a sufficiently frequent FOIA requester to show that she will be adversely affected if the alleged pattern or practice continues. Smith represented Maria Alicia del Carmen Orellana Sanchez, a non-citizen who was facing deportation. Smith requested Sanchez's alien file from U.S. Citizenship and Immigration Services. The agency told her that it was referring 18 pages to ICE for review. Two years later, ICE told Smith that Sanchez was considered a fugitive under the Immigration and Nationality Act and that the agency had a practice of denying FOIA access to records that could be used to help an individual evade immigration enforcement efforts. After exhausting her administrative remedies, Smith filed suit to force the agency to disclose Sanchez's alien file and asked the court for an injunction prohibiting the agency from continuing its Fugitive Practice. A month later, the agency disclosed Sanchez's alien file and moved to dismiss Smith's suit as moot. Smith argued that her pattern or practice claim was not moot because she had received other identical responses, that she regularly used FOIA to request records for her clients, and that, as a result, she would continue to be affected by the practice. ICE argued that Smith had not provided sufficient evidence that she was a regular FOIA requester who could be adversely affected by the practice. But the court noted that "there is no predetermined number of prior denials, combined with future intentions, that distinguishes a plaintiff with standing and one without. On this record at the pleading phase, the Court finds Smith has presented a sufficiently 'concrete' allegation of likely future harm based on the Fugitive Practice�"sufficient, at least, to meaningfully, 'reduce the possibility of deciding a case in which no injury would have occurred at all.'"
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: A federal court in Colorado has ruled that immigration attorney Jennifer Smith may take discovery from U.S. Immigration and Customs Enforcement pertaining to its changes in its use of the fugitive disentitlement doctrine, which the agency routinely invoked to refuse to process FOIA requests for aliens it considered fugitives, even if they were represented by attorneys. Smith sued the agency, claiming the policy constituted an illegal policy or practice in violation of FOIA. Smith asked for discovery to better explore her claim. The agency produced a revised Standard Operating Procedure explaining its new policy on the use of the fugitive disentitlement doctrine. The SOP indicated that it applied only to FOIA requests submitted directly to ICE and that requests referred from other agencies or components of Homeland Security would be "processed in the ordinary course and categorical withholding based on the alien's fugitive status does not apply." As to the doctrine's application to FOIA requests submitted directly to ICE, the SOP indicated that the agency "may categorically withhold the fugitive's law enforcement records or information pursuant to FOIA Exemption (b)(7)(A). . .and the fugitive disentitlement doctrine." Noting that Smith was asking for discovery to explore a factual issue about the extent to which ICE relied on the fugitive disentitlement doctrine to deny requests, the court pointed out that ICE's accompanying affidavit focused on a legal issue �" whether law enforcement records pertaining to fugitives were properly exempt. The court observed that "it appears that the agency applies both the (b)(7)(A) exception and the fugitive alien doctrine to justify withholding certain documents. This is a clear answer to Plaintiff's question regarding whether Defendant applies the (b)(7)(A) exception 'versus' the fugitive alien doctrine." Smith also claimed that the definition of "ordinary course" was unclear. But the court pointed out that the agency's affidavit explains that "the 'ordinary course' means that the agency looks to the FOIA regulations to determine whether requested records should be released, or whether they are exempt from release. This is a reasonable explanation of the phrase 'ordinary course.'" But the court allowed Smith to take discovery because it found two other aspects of the ICE policy confusing. The court observed that the use of "categorical" was unclear, noting that "'Categorical' means 'absolute' or 'unqualified.' Saying that documents will not be withheld 'categorically' leaves open the possibility that some documents could be withheld based on an alien's fugitive status even when the FOIA request has been referred from another agency. On the other hand, [the agency's] affidavit states that 'there is no special policy or practice that applies to such [referred] requests,' implying that the fugitive alien doctrine is never applied to referred requests." Further, the court pointed out that "it seems that Defendant applies the fugitive alien doctrine to direct requests, which may or may not apply it to referrals. Thus, the heart of Plaintiff's remaining inquiry related to referred FOIA requests is the following: 'how can a statutory FOIA exception. . . be applied to reach opposite results as to the same document held by the same agency, depending on which agency received the original request?'. . .The Court concludes that Plaintiff should be entitled to inquire in a Rule 30(b)(6) deposition of the Defendant regarding the circumstances under which such a request could be treated differently from an identical request submitted directly to ICE."
Issues: Litigation - Discovery

FOIA Project Annotation: A federal court in Colorado has allowed immigration attorney Jennifer Smith's pattern or practice claim against U.S. Immigration and Customs Enforcement to continue and has enjoined the agency from categorically applying Exemption 7(A) (interference with ongoing investigation or proceeding) to any requests related to individuals the agency has determined are subject to deportation. In response to Smith's requests to U.S. Citizenship and Immigration Services for Alien files for clients who were undocumented, CIS would provide documents but refer other documents to ICE. For several undocumented clients, ICE told Smith that the agency would not process the records under its unwritten but established Fugitive Practice. Smith filed a pattern or practice suit challenging ICE's Fugitive Practice, alleging that she regularly made FOIA requests to the agency for records of undocumented individuals whom ICE might consider fugitives, and that the agency's denial of Smith's administrative appeal applying the policy confirmed that the policy existed. ICE eventually revised its Fugitive Practice to apply only to requests made directly to ICE, rather than referrals from CIS. For records on individuals whom ICE considered subject to deportation, the agency would issue a categorical denial under Exemption 7(A). Such denials were subject to administrative appeal, which could result in some requests being processed. Judge William Martinez found that Smith had standing to pursue her pattern or practice claim. As to whether ICE's Fugitive Practice policy was still in effect after the agency's revisions, Martinez observed that "the gravamen of Smith's complaint is her belief that many of her future FOIA requests will be denied based on ICE's determination of 'fugitive' status and its understanding of its power to withhold responsive records on that account. The [Standard Operating Procedure policy] may disadvantage Smith to a lesser degree than the Fugitive Practice, but it disadvantages here in the same fundamental way." Noting that only the D.C. Circuit and the Ninth Circuit had recognized pattern or practice claims under FOIA, Martinez pointed out that "in the Court's view, a plaintiff seeking to plead a § 552(a)4)(B) cause of action before the agency withholds records may do so in the same way that any plaintiff may plead a cause of action in federal court before suffering the relevant injury, namely through the Declaratory Judgment Act." Acknowledging that categorical withholding under Exemption 7(A) could well be appropriate for many of the agency's database records, Martinez nevertheless found that ICE had failed to show that all such records were entitled to such categorical withholding. Martinez then issued a permanent injunction prohibiting ICE from using its SOP on fugitive aliens as the basis for withholding records under FOIA.
Issues: Litigation - Jurisdiction - Standing

Date Filed	Doc #	Docket Text
2016-08-24	1	COMPLAINT against U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement (Filing fee $ 400,Receipt Number 1082-5125282)Attorney Daniel James Culhane added to party Jennifer M Smith(pty:pla), filed by Jennifer M Smith.(Culhane, Daniel) (Entered: 08/24/2016)
2016-08-24	2	NOTICE re 1 Complaint, Civil Cover Sheet by Plaintiff Jennifer M Smith (Attachments: # 1 Attachment/Attorneys of Record)(Culhane, Daniel) (Entered: 08/24/2016)
2016-08-24	3	SUMMONS REQUEST as to U.S. Immigration and Customs Enforcement re 1 Complaint, by Plaintiff Jennifer M Smith. (Culhane, Daniel) (Entered: 08/24/2016)
2016-08-24	4	SUMMONS REQUEST as to U.S. Citizenship and Immigration Services re 1 Complaint, by Plaintiff Jennifer M Smith. (Culhane, Daniel) (Entered: 08/24/2016)
2016-08-24	5	Case assigned to Magistrate Judge Kristen L. Mix.Text Only Entry.(amenz, ) (Entered: 08/24/2016)
2016-08-24	6	SUMMONS issued by Clerk. (Attachments: # 1 Summons, # 2 Magistrate Judge Consent Form) (amenz, ) (Entered: 08/24/2016)
2016-08-24	7	NOTICE of Entry of Appearance for Mark Silverstein by Mark Silverstein on behalf of Jennifer M. SmithAttorney Mark Silverstein added to party Jennifer M. Smith(pty:pla) (Silverstein, Mark) (Entered: 08/24/2016)
2016-08-24	8	NOTICE of Entry of Appearance for Sara R. Neel by Sara R. Neel on behalf of Jennifer M. SmithAttorney Sara R. Neel added to party Jennifer M. Smith(pty:pla) (Neel, Sara) (Entered: 08/24/2016)
2016-09-13	9	ORDER SETTING SCHEDULING/PLANNING CONFERENCE by Magistrate Judge Kristen L. Mix on 9/13/16. Scheduling Conference set for 1/9/2017 11:00 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (Attachments: # 1 Attachment 1, # 2 Attachment 2) (lgale, ) (Entered: 09/13/2016)
2016-09-19	10	NOTICE of Entry of Appearance by Ian J. Kellogg on behalf of All Defendants Attorney Ian J. Kellogg added to party U.S. Citizenship and Immigration Services(pty:dft), Attorney Ian J. Kellogg added to party U.S. Immigration and Customs Enforcement(pty:dft) (Kellogg, Ian) (Entered: 09/19/2016)
2016-09-19	11	Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 09/19/2016)
2016-09-30	12	MINUTE ORDER granting 11 Motion for Extension of Time to Respond to Complaint. Defendants shall respond to Plaintiff's Complaint on or before October 17, 2016, by Magistrate Judge Kristen L. Mix on 9/30/16.(sgrim) (Entered: 09/30/2016)
2016-10-13	13	Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint, by Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 10/13/2016)
2016-10-18	14	MINUTE ORDER granting 13 Motion for Extension of Time to Answer or Otherwise Respond U.S. Citizenship and Immigration Services answer due 10/31/2016; U.S. Immigration and Customs Enforcement answer due 10/31/2016. by Magistrate Judge Kristen L. Mix on 10/18/2016.(jgonz, ) Modified to correct case caption on 10/19/2016 (jgonz, ). (Entered: 10/19/2016)
2016-10-31	15	MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kellogg, Ian) (Entered: 10/31/2016)
2016-10-31	16	Utility Setting/Resetting Deadlines/Hearings: Consent Form due by 12/15/2016 pursuant to the filing of 15 Motion to Dismiss. Text Only Entry. (jgonz, ) (Entered: 11/01/2016)
2016-11-21	17	Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 11/21/2016)
2016-11-22	18	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 11/22/16. Unopposed Motion for Extension of Time to File Response to Motion to Dismiss 17 is GRANTED.(lgale, ) (Entered: 11/22/2016)
2016-12-12	19	RESPONSE to 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Plaintiff Jennifer M. Smith. (Attachments: # 1 Affidavit Declaration of Jennifer M. Smith, # 2 Exhibit Exh. A to Smith Declaration)(Culhane, Daniel) (Entered: 12/12/2016)
2016-12-15	20	CONSENT to Jurisdiction of Magistrate Judge by Plaintiff Jennifer M. Smith All parties do not consent.. (Culhane, Daniel) (Entered: 12/15/2016)
2016-12-16	21	MINUTE ORDER re: 20 Consent/Non-Consent to Jurisdiction of Magistrate Judge filed by Jennifer M. Smith. This case shall be assigned to a District Judge under D.C.COLO.LCivR 40.1(c)(8) and D.C.COLO.LCivR 40.1(a), by Magistrate Judge Kristen L. Mix on 12/16/2016. (jgonz, ) (Entered: 12/16/2016)
2016-12-16	22	CASE REASSIGNED pursuant to 21 Minute Order, 20 Consent/Non-Consent to Jurisdiction of Magistrate Judge. All parties do not consent. This case is reassigned to Judge Wiley Y. Daniel. All future pleadings should be designated as 16-cv-02137-WYD. (Text Only Entry) (jgonz, ) (Entered: 12/16/2016)
2016-12-19	23	Unopposed MOTION for Extension of Time to File Response/Reply as to 15 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim by Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order (PDF Only))(Kellogg, Ian) (Entered: 12/19/2016)
2016-12-20	24	MEMORANDUM RETURNING CASE for Reassignment by Senior Judge Wiley Y. Daniel (evana, ) (Entered: 12/20/2016)
2016-12-20	25	CASE REASSIGNED. pursuant to 24 Memorandum Returning Case. This case is reassigned to Judge William J. Martinez. All future pleadings should be designated as 16-cv-02137 WJM. (Text Only Entry) (evana, ) (Entered: 12/20/2016)
2016-12-20	26	ORDER REFERRING CASE to Magistrate Judge Kristen L. Mix. Magistrate Judge Mix, or such other Magistrate Judge who may in the future be reassigned this case, is designated to conduct NDISPO proceedings pursuant to 28 U.S.C. § 636(b)(1)(A) and (B) and Fed.R.Civ.P. 72(a) and (b). Court sponsored alternative dispute resolution is governed by D.C.COLO.LCivR 16.6. On the recommendation or informal request of the Magistrate Judge or on the request of the parties by motion, the court may direct the parties to engage in an early neutral evaluation, a settlement conference, or another alternative dispute resolution proceeding. SO ORDERED by Judge William J. Martinez on 12/20/2016. Text Only Entry (wjmsec, ) Modified to correct judge association on 12/21/2016 (cthom, ). (Entered: 12/20/2016)
2016-12-21	27	ORDER: This matter is before the Court on Defendants' Motion to Dismiss 15 . This Motion is STRICKEN for failure to comply with WJM Revised Practice Standard III.D.1 (as revised effective December 1, 2016), which requires counsel to confer prior to filing a motion pursuant to Rule 12(b)(6), in order to discuss whether the alleged deficiency in the operative complaint can be cured by amendment, and to exercise their best efforts to stipulate to such amendment. Because the Motion contains no statement with respect to whether such a conferral occurred in this case, it is stricken without prejudice to refiling no later than December 30, 2016 in conformity with the Court's Revised Practice Standards. Defendants' Unopposed Motion for Extension of Time to File Reply in Support of Motion to Dismiss 23 is DENIED AS MOOT. SO ORDERED by Judge William J. Martinez on 12/21/2016. Text Only Entry (wjmsec, ) (Entered: 12/21/2016)
2016-12-21	28	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 12/21/2016. The parties shall appear for the Scheduling/Planning Conference set for January 9, 2017, at 11:00 a.m. as previously scheduled, and shall be prepared to discuss case management and discovery. However, the parties need not submit a proposed Scheduling Order. (jgonz, ) (Entered: 12/21/2016)
2016-12-23	29	Joint STATUS REPORT by Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 12/23/2016)
2017-01-09	30	MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 1/9/2017. FTR: KLM Courtroom A401. (lgale, ) (Entered: 01/09/2017)
2017-01-12	31	NOTICE of Filing Amended Pleading -First Amended Complaint- by Plaintiff Jennifer M. Smith (Attachments: # 1 Exhibit First Amended Complaint Marked to Show Revisions)(Culhane, Daniel) (Entered: 01/12/2017)
2017-01-12	32	AMENDED COMPLAINT (First) against U.S. Immigration and Customs Enforcement, filed by Jennifer M. Smith. (Attachments: # 1 Exhibit 1: September 3, 2015 ICE Letter, # 2 Exhibit 2: September 27, 2016 ICE Letter)(Culhane, Daniel) (Entered: 01/12/2017)
2017-01-12	33	Party U.S. Citizenship and Immigration Services terminated pursuant to 32 Amended Complaint. Text Only Entry (cthom, ) (Entered: 01/12/2017)
2017-01-26	34	NOTICE of Entry of Appearance by David Z. Moskowitz on behalf of U.S. Immigration and Customs EnforcementAttorney David Z. Moskowitz added to party U.S. Immigration and Customs Enforcement(pty:dft) (Moskowitz, David) (Entered: 01/26/2017)
2017-01-26	35	MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint by Defendant U.S. Immigration and Customs Enforcement. (Moskowitz, David) (Entered: 01/26/2017)
2017-02-01	36	NOTICE of Change of Address/Contact Information by Ian J. Kellogg (Kellogg, Ian) (Entered: 02/01/2017)
2017-02-01	37	NOTICE of Change of Address/Contact Information by David Z. Moskowitz (Moskowitz, David) (Entered: 02/01/2017)
2017-02-15	38	Unopposed MOTION for Extension of Time to File Response/Reply as to 35 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 02/15/2017)
2017-02-15	39	ORDER granting Plaintiff's Unopposed Motion for Extension of Time to File Response to Motion to Dismiss 38 . Plaintiff is granted leave, for good cause shown, to file said Response on or before February 22, 2017 . SO ORDERED by Judge William J. Martinez on 2/15/2017. Text Only Entry (wjmsec, ) (Entered: 02/15/2017)
2017-02-22	40	RESPONSE to 35 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint and Request for Oral Argument filed by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 02/22/2017)
2017-03-08	41	REPLY to Response to 35 MOTION to Dismiss for Lack of Jurisdiction First Amended Complaint filed by Defendant U.S. Immigration and Customs Enforcement. (Moskowitz, David) (Entered: 03/08/2017)
2017-03-13	42	MOTION for Leave to Take Limited Discovery by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 03/13/2017)
2017-03-14	43	ORDER: Before the Court is Plaintiff's Motion for Leave to Take Limited Discovery 42 . This motion is STRICKEN for failure to include a D.C.COLO.LCivR 7.1(a) certificate of conferral. In any event, this motion would have been denied without prejudice at this stage because the Court must first resolve Defendant's Motion to Dismiss for Lack of Subject Matter Jurisdiction 35 before it can decide whether discovery is appropriate. The Court will resolve Defendant's Motion to Dismiss in due course, and, if that resolution favors Plaintiff, Plaintiff may re-file her motion for discovery, assuming compliance with D.C.COLO.LCivR 7.1(a). SO ORDERED by Judge William J. Martinez on 03/14/2017. Text Only Entry (wjmlc1) (Entered: 03/14/2017)
2017-03-20	44	NOTICE OF DISCLOSURE by Judge Martinez. (cthom, ) (Entered: 03/20/2017)
2017-04-05	45	ORDER denying 35 Motion to Dismiss for Lack of Subject Matter Jurisdiction. If Smith still wishes to take discovery, she must renew her motion in that regard(see ECF No. 42 ) no later than April 14, 2017, and must include a proper D.C.COLO.LCivR 7.1(a) certificate of conferral in that motion. ORDERED by Judge William J. Martinez on 4/5/2017. (cthom, ) (Entered: 04/05/2017)
2017-04-14	46	MOTION for Discovery Limited Jurisdictional Discovery by Defendant U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 04/14/2017)
2017-04-14	47	Renewed MOTION for Leave to Take Limited Discovery by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 04/14/2017)
2017-04-19	48	ANSWER to 32 Amended Complaint by U.S. Immigration and Customs Enforcement.(Kellogg, Ian) (Entered: 04/19/2017)
2017-05-05	49	RESPONSE to 46 MOTION for Discovery Limited Jurisdictional Discovery filed by Plaintiff Jennifer M. Smith. (Attachments: # 1 Affidavit Declaration of Jennifer M. Smith)(Culhane, Daniel) (Entered: 05/05/2017)
2017-05-05	50	RESPONSE to 47 Renewed MOTION for Leave to Take Limited Discovery filed by Defendant U.S. Immigration and Customs Enforcement. (Moskowitz, David) (Entered: 05/05/2017)
2017-05-10	51	ORDER Regarding Discovery Motions. Granting in part and denying in part 46 Motion for Discovery; granting in part and denying in part 47 Motion for Leave. ORDERED by Judge William J. Martinez on 5/10/2017. (angar, ) (Entered: 05/10/2017)
2017-05-19	52	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 5/19/17 re: 51 Order Regarding Discovery Motions. Scheduling Conference set for 6/8/2017 10:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (lgale, ) (Entered: 05/19/2017)
2017-06-05	53	Proposed Scheduling Order by Defendant U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 06/05/2017)
2017-06-08	54	MINUTE ENTRY for Scheduling Conference held before Magistrate Judge Kristen L. Mix on 6/8/2017. Status Report due by 9/5/2017. FTR: KLM Courtroom A401. (Attachments: # 1 Discovery Procedures and Requirements of Practice) (lgale, ) (Entered: 06/08/2017)
2017-06-08	55	ABBREVIATED SCHEDULING ORDER: by Magistrate Judge Kristen L. Mix on 6/8/17. (lgale, ) (Entered: 06/08/2017)
2017-06-12	56	Stipulated MOTION for Discovery Order under F.R.E. 502(d) by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 06/12/2017)
2017-06-12	57	MEMORANDUM regarding 56 Stipulated MOTION for Discovery Order under F.R.E. 502(d) filed by Jennifer M. Smith. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 6/12/2017. Text Only Entry (wjmsec, ) (Entered: 06/12/2017)
2017-06-13	58	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 6/13/17. 56 Stipulated Order Under F.R.E. 502(d) is GRANTED. (lgale, ) (Entered: 06/13/2017)
2017-06-13	59	Stipulated Order Under F.R.E. 502(d) by Magistrate Judge Kristen L. Mix on 6/13/17. (lgale, ) (Entered: 06/13/2017)
2017-08-17	60	Unopposed MOTION for Leave to Amend Scheduling Order and (Opposed) Motion for Leave to Take 30(b)(6) Deposition of ICE 55 Scheduling Order by Plaintiff Jennifer M. Smith. (Attachments: # 1 Exhibit A part 1--ICE Discovery responses, # 2 Exhibit A-2--ICE "new" SOP, # 3 Proposed Document Notice of 30(b)(6) deposition)(Culhane, Daniel) (Entered: 08/17/2017)
2017-08-18	61	MEMORANDUM regarding 60 Unopposed MOTION for Leave to Amend Scheduling Order and (Opposed) Motion for Leave to Take 30(b)(6) Deposition of ICE 55 Scheduling Order filed by Jennifer M. Smith. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 8/18/2017. Text Only Entry (wjmsec, ) (Entered: 08/18/2017)
2017-08-29	62	Joint MOTION to Amend/Correct/Modify 55 Scheduling Order by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 08/29/2017)
2017-08-29	63	MEMORANDUM regarding 62 Joint MOTION to Amend/Correct/Modify 55 Scheduling Order filed by Jennifer M. Smith. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 8/29/2017. Text Only Entry (wjmsec, ) (Entered: 08/29/2017)
2017-08-31	64	TRANSCRIPT of Rule 16(b) Scheduling Conference held on June 8, 2017 before Magistrate Judge Mix. Pages: 1-10. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Stevens-Koenig Reporting, ) (Entered: 08/31/2017)
2017-09-05	65	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 9/5/17. Motion for Leave to Take 30(b)(6) Deposition of U.S. Immigration and Customs Enforcement; Unopposed Motion to Amend the Scheduling Order 60 is DENIED without prejudice in part, and DENIED as moot in part. (lgale, ) (Entered: 09/05/2017)
2017-09-05	66	Joint STATUS REPORT by Plaintiff Jennifer Smith and by Defendant U.S. Immigration and Customs Enforcement. (Moskowitz, David) (Entered: 09/05/2017)
2017-09-06	67	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 9/6/17. A Telephonic Discovery Hearing set for 9/8/2017 11:30 AM in Courtroom A401 before Magistrate Judge Kristen L. Mix. (lgale, ) (Entered: 09/06/2017)
2017-09-08	68	MINUTE ENTRY for Discovery Hearing held before Magistrate Judge Kristen L. Mix on 9/8/2017. Joint Motion to Amend Scheduling Order [#2] is granted. FTR: KLM Courtroom A401. (lgale, ) (Entered: 09/08/2017)
2017-09-22	69	Amended MOTION for Discovery for Leave to Take 30(b)(6) Deposition by Plaintiff Jennifer M. Smith. (Attachments: # 1 Exhibit Plaintiff Discovery Responses, # 2 Exhibit Plaintiff Discovery Responses Attachment, # 3 Proposed Notice of 30(b)(6) Deposition)(Culhane, Daniel) (Entered: 09/22/2017)
2017-09-22	70	MEMORANDUM regarding 69 Amended MOTION for Discovery for Leave to Take 30(b)(6) Deposition filed by Jennifer M. Smith. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 9/22/2017. Text Only Entry (wjmsec, ) (Entered: 09/22/2017)
2017-09-25	71	TRANSCRIPT of Discovery Conference held on September 8, 2017 before Magistrate Judge Mix. Pages: 1-27. NOTICE - REDACTION OF TRANSCRIPTS: Within seven calendar days of this filing, each party shall inform the Court, by filing a Notice of Intent to Redact, of the party's intent to redact personal identifiers from the electronic transcript of the court proceeding. If a Notice of Intent to Redact is not filed within the allotted time, this transcript will be made electronically available after 90 days. Please see the Notice of Electronic Availability of Transcripts document at www.cod.uscourts.gov. Transcript may only be viewed at the court public terminal or purchased through the Court Reporter/Transcriber prior to the 90 day deadline for electronic posting on PACER. (Patterson Transcription Company, ) (Entered: 09/25/2017)
2017-10-06	72	RESPONSE to 69 Amended MOTION for Discovery for Leave to Take 30(b)(6) Deposition filed by Defendants U.S. Citizenship and Immigration Services, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Fernando Pineiro)(Kellogg, Ian) (Entered: 10/06/2017)
2018-06-21	73	ORDER by Magistrate Judge Kristen L. Mix on 6/21/18. Revised Motion for Leave to Take 30(b)(6) Deposition of U.S. Immigration and Customs Enforcement 69 is GRANTED in part and DENIED in part. (lgale, ) (Entered: 06/21/2018)
2018-11-06	74	Joint MOTION to Amend/Correct/Modify 55 Scheduling Order by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 11/06/2018)
2018-11-06	75	MEMORANDUM regarding 74 Joint MOTION to Amend/Correct/Modify 55 Scheduling Order filed by Jennifer M. Smith. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 11/6/2018. Text Only Entry (wjmsec, ) (Entered: 11/06/2018)
2018-11-08	76	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 11/8/18. Joint Motion to Amend Scheduling Order 74 is GRANTED. (lgale, ) (Entered: 11/08/2018)
2018-12-26	77	Joint MOTION to Amend/Correct/Modify 55 Scheduling Order Due to Lapse in Congressional Appropriations by Defendant U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 12/26/2018)
2018-12-26	78	MEMORANDUM regarding 77 Joint MOTION to Amend/Correct/Modify 55 Scheduling Order Due to Lapse in Congressional Appropriations filed by U.S. Immigration and Customs Enforcement. Motions referred to Magistrate Judge Kristen L. Mix By Judge William J. Martinez on 12/26/2018. Text Only Entry (wjmsec, ) (Entered: 12/26/2018)
2019-01-07	79	MINUTE ORDER granting 77 Joint MOTION to Amend/Correct/Modify 55 Scheduling Order Due to Lapse in Congressional Appropriations, by Magistrate Judge Kristen L. Mix on 1/7/2019. (tsher, ) (Entered: 01/07/2019)
2019-02-01	80	MOTION to Amend/Correct/Modify 55 Scheduling Order by Defendant U.S. Immigration and Customs Enforcement. (Moskowitz, David) (Entered: 02/01/2019)
2019-02-04	81	MEMORANDUM regarding 80 MOTION to Amend/Correct/Modify 55 Scheduling Order filed by U.S. Immigration and Customs Enforcement. Motions referred to Magistrate Judge Kristen L. Mix by Judge William J. Martinez on 2/4/2019. Text Only Entry (wjmsec, ) (Entered: 02/04/2019)
2019-02-07	82	RESPONSE to 80 MOTION to Amend/Correct/Modify 55 Scheduling Order filed by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 02/07/2019)
2019-02-07	83	MINUTE ORDER by Magistrate Judge Kristen L. Mix on 2/7/19. Motion to Amend Scheduling Order 80 is GRANTED. The parties' deadline to file motions for summary judgment is extended to March 26, 2019. (lgale, ) (Entered: 02/07/2019)
2019-03-26	84	MOTION for Summary Judgment by Defendant U.S. Immigration and Customs Enforcement. (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 Affidavit Pineiro Declaration)(Kellogg, Ian) (Entered: 03/26/2019)
2019-03-26	85	MOTION for Summary Judgment by Plaintiff Jennifer M. Smith. (Attachments: # 1 Exhibit A: ICE SOP, # 2 Exhibit B: Deposition Transcript of Fernando Pineiro, # 3 Exhibit 5 to Pineiro Deposition, # 4 Exhibit C: Declaration of Jennifer Smith, # 5 Exhibit D: Declaration of Daniel Harris, # 6 Exhibit A to Harris Declaration, # 7 Exhibit B to Harris Declaration, # 8 Exhibit E: Declaration of Melody Poole, # 9 Exhibit A to Poole Declaration, # 10 Exhibit B to Poole Declaration, # 11 Exhibit F: ICE Discovery Responses)(Culhane, Daniel) (Entered: 03/26/2019)
2019-04-05	86	Unopposed MOTION for Extension of Time to File Response/Reply as to 84 MOTION for Summary Judgment , 85 MOTION for Summary Judgment by Defendant U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 04/05/2019)
2019-04-08	87	ORDER granting Defendant's Unopposed Motion for Extension of Time for the Parties to File Responses to Summary Judgment Motions [84, 85] 86 . The parties are granted leave, for good cause shown, to file said Responses on or before May 3, 2019 . SO ORDERED by Judge William J. Martinez on 4/8/2019. Text Only Entry (wjmsec, ) (Entered: 04/08/2019)
2019-05-03	88	RESPONSE to 85 MOTION for Summary Judgment filed by Defendant U.S. Immigration and Customs Enforcement. (Attachments: # 1 Affidavit Declaration of Catrina Pavlik-Keenan, # 2 Affidavit Declaration of Fernando Pineiro, # 3 Exhibit K - Pavlik-Keenan email, # 4 Exhibit L - letter template, # 5 Exhibit M - Plaintiff's supplemental disclosures, # 6 Exhibit N - referrals to other DHS components)(Kellogg, Ian) (Entered: 05/03/2019)
2019-05-03	89	RESPONSE to 84 MOTION for Summary Judgment filed by Plaintiff Jennifer M. Smith. (Attachments: # 1 Declaration of Jennifer M. Smith, # 2 Exhibit A to Smith Declaration, # 3 Declaration of John J Faison, # 4 Exhibit A to Faison Declaration)(Culhane, Daniel) (Entered: 05/03/2019)
2019-05-17	90	REPLY to Response to 85 MOTION for Summary Judgment filed by Plaintiff Jennifer M. Smith. (Culhane, Daniel) (Entered: 05/17/2019)
2019-05-17	91	REPLY to Response to 84 MOTION for Summary Judgment filed by Defendant U.S. Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 05/17/2019)
2019-12-16	92	ORDER Granting in part 85 Plaintiff's Motion for Summary Judgment, Denying 84 Defendant's Motion for Summary Judgment, and Permanently Enjoining Defendant. Entered by Judge William J. Martinez on 12/16/2019.(afran) (Entered: 12/16/2019)
2019-12-16	93	FINAL JUDGMENT in favor of Plaintiff, Jennifer M. Smith, and against Defendant, U.S. Immigration and Customs Enforcement, pursuant to 92 Order Granting Plaintiff's Motion for Summary Judgment in Part, Denying Defendant's Motion for Summary Judgment, and Permanently Enjoining Defendant. Entered by Clerk on 12/16/2019. (afran) (Entered: 12/16/2019)
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