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Case TitleAmerican Civil Liberties Union of Washington et al v. U.S. Department of Homeland Security et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2017cv00562
Date Filed2017-04-12
Date Closed2019-02-26
JudgeJudge Marsha J. Pechman
PlaintiffAmerican Civil Liberties Union of Washington
PlaintiffAmerican Civil Liberties Union of Montana
PlaintiffAmerican Civil Liberties Union of North Dakota
Case DescriptionState chapters of the ACLU for Washington, Montana, and North Dakota submitted FOIA requests to U.S. Customs and Border Protection for records concerning the local implementation of President Trump's travel ban. The organizations also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the state chapters filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantUS Department of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [12]
Opinion/Order [20]
Opinion/Order [27]
Opinion/Order [36]
Opinion/Order [40]
Opinion/Order [42]
Opinion/Order [46]
Opinion/Order [49]
Opinion/Order [53]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-121COMPLAINT against defendant(s) U.S. Customs and Border Protection, U.S. Department of Homeland Security (Receipt # 0981-4837936), filed by American Civil Liberties Union of Washington, American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Stahl, Eric) (Entered: 04/12/2017)
2017-04-13Judge Robert S. Lasnik added. (RE) (Entered: 04/13/2017)
2017-04-132Summons electronically issued as to all Defendants. (RE) (Entered: 04/13/2017)
2017-04-183NOTICE of Pendency of Other Action ; filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) (Entered: 04/18/2017)
2017-04-184CORPORATE DISCLOSURE STATEMENT Filed pursuant to Fed.R.Civ.P 7.1. Filed by American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington (Stahl, Eric) (Entered: 04/18/2017)
2017-04-275AFFIDAVIT of Service of Summons and Complaint on U.S. Department of Homeland Security and U.S. Customs and Border Protection on 4/14/2017, filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) (Entered: 04/27/2017)
2017-04-276AFFIDAVIT of Mailing of Summons and Complaint to U.S. Department of Homeland Security and U.S. Customs and Border Protection on 4/14/2017, filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) (Entered: 04/27/2017)
2017-05-087NOTICE of Appearance by attorney Matthew J Berns on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 05/08/2017)
2017-05-088NOTICE of Pendency of Other Action in Judicial Panel on Multidistrict Litigation, case number in other court [not yet assigned] ; filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions)(Berns, Matthew) (Entered: 05/08/2017)
2017-05-099ORDER REGARDING JOINT STATUS REPORT Joint Status Report due by 5/26/2017, by Judge Robert S. Lasnik. (RS) (Entered: 05/10/2017)
2017-05-1010Stipulated MOTION for Extension of Time to Respond to Complaint with Proposed Order , filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Noting Date 5/10/2017, (Berns, Matthew) (Entered: 05/10/2017)
2017-05-1111MOTION to Stay Proceedings Pending Decision on Motion to Transfer , filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 5/26/2017, (Berns, Matthew) (Entered: 05/11/2017)
2017-05-1112ORDER granting 10 Stipulated Motion for extension of deadline to 6/29/17 to respond to complaint; Joint Status Report extended to 6/20/2017 7/20/2017, by Judge Robert S. Lasnik.(RS) Modified on 5/19/2017 (KERR). (Entered: 05/11/2017)
2017-05-1113NOTICE of defendants' motion to transfer to MDL Panel (RS) (Entered: 05/15/2017)
2017-05-19NOTICE of Docket Text Modification re 12 Order on Stipulated Motion. Changed deadline for Joint Status report from 6/20/2017 to 7/20/2017. (KERR) (Entered: 05/19/2017)
2017-05-19Reset Deadline: Joint Status Report due by 7/20/2017 (KERR) (Entered: 05/19/2017)
2017-05-1914NOTICE of Appearance by attorney Chetan Patil on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 05/19/2017)
2017-05-2215RESPONSE, by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington, to 11 MOTION to Stay Proceedings Pending Decision on Motion to Transfer . (Stahl, Eric) (Entered: 05/22/2017)
2017-05-2616REPLY, filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security, TO RESPONSE to 11 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Patil, Chetan) (Entered: 05/26/2017)
2017-05-2618NOTICE of Appearance by Patrick S. Kabat in re: American Civil Liberties Union Freedom of Information Act, MDL No. 2786. (SWT) (Entered: 05/31/2017)
2017-05-2619CORPORATE DISCLOSURE STATEMENT filed by Patrick Kabut in re American Civil Liberties Union Freedom of Information Act, MDL 2786 . (SWT) (Entered: 05/31/2017)
2017-05-3117NOTICE of Filing Opposition to Defendants' Motion to Transfer to the District of Columbia for Consolidation ; filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Attachments: # 1 Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, in Opposition to Defendants' Motion for Transfer to the District of Columbia for Consolidation)(Stahl, Eric) (Entered: 05/31/2017)
2017-06-0521NOTICE of documents filed with MDL Panel re MDL 2786 (RS) (Entered: 06/06/2017)
2017-06-0620ORDER denying Defendants' 11 Motion to Stay Proceedings Pending Decision on Motion to Transfer. Signed by Judge Robert S. Lasnik. (SWT) (Entered: 06/06/2017)
2017-06-0622NOTICE of Filing of JPML Reply Brief ; filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 JPML Reply Brief)(Berns, Matthew) (Entered: 06/06/2017)
2017-06-1223NOTICE of documents filed with MDL Panel re: MDL 2786. (Notice filed in paper via the U.S. Mail) (PM) (Entered: 06/14/2017)
2017-06-2924ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Patil, Chetan) (Entered: 06/29/2017)
2017-07-1025AMENDED NOTICE of Presentation or Waiver of Oral Argument re MDL no. 2786 ; filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (SWT) (Entered: 07/12/2017)
2017-07-2026JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Stahl, Eric) (Entered: 07/20/2017)
2017-07-2827ORDER Extending Time to Submit Joint Status Report; Joint Status Report due by 8/25/2017, signed by Judge Robert S. Lasnik. (SWT) (Entered: 07/28/2017)
2017-08-0228ORDER denying transfer re MDL 2786, in re: American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769 ; signed by Sarah S. Vance, Chair of Panel on Multidistrict Litigation.(SWT) (Entered: 08/02/2017)
2017-08-2529JOINT STATUS REPORT signed by all parties (Stahl, Eric) (Entered: 08/25/2017)
2017-08-31Case Reassigned to Judge Marsha J. Pechman. Judge Robert S. Lasnik no longer assigned to the case. All pleadings filed in the future shall bear case number C17-562MJP. (KERR) (Entered: 08/31/2017)
2017-09-0130NOTICE of Appearance by attorney Jason Lee on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Lee, Jason) (Entered: 09/01/2017)
2017-09-0531MINUTE ORDER Extending Time to Submit Joint Status Report. Joint Status Report due by 9/25/2017. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 09/05/2017)
2017-09-2532JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Stahl, Eric) (Entered: 09/25/2017)
2017-09-2833NOTICE of Hearing: Status Conference set for 10/17/2017 at 10:00 AM in Courtroom 14206 before Judge Marsha J. Pechman.(RM) (Entered: 09/28/2017)
2017-10-1734MINUTE ENTRY for proceedings held before Judge Marsha J. Pechman- Dep Clerk: Rhonda Miller ; Pla Counsel: Eric Stahl ; Def Counsel: Jason Lee, Lawrence Lucarelli ; CR: Andrea Ramirez ; Status Conference held on 10/17/2017. Court directs Plaintiff to provide the Government with search terms within seven days. The Government is directed to turn over the first 1000 pages of documents responsive to the FOIA request within 30 days. The next 1000 pages are due within 60 days and any remaining pages are due within 90 days. (RM) (Entered: 10/18/2017)
2017-10-1935PROPOSED ORDER (Unsigned) (Stahl, Eric) (Entered: 10/19/2017)
2017-10-2036ORDER re Status Conference on 10/17/17; By January 31, 2018, the parties shall submit a joint status report and proposed case schedule to the Court (See Order for more details), signed by Judge Marsha J. Pechman. (SWT) (Entered: 10/20/2017)
2017-11-0637NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Status Hearing held on 10/17/2017 before Judge Marsha J. Pechman. Parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Information regarding the policy can be found on the court's website at www.wawd.uscourts.gov . To purchase a copy of the transcript, contact court reporter Andrea Ramirez, andrea_ramirez@wawd.uscourts.gov, 206-370-8509. Release of Transcript Restriction set for 2/5/2018, (AR) (Entered: 11/06/2017)
2017-12-2638NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Matthew J Berns and Chetan Patil for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 12/26/2017)
2018-01-1039STIPULATION AND PROPOSED ORDER by parties (Lee, Jason) (Entered: 01/10/2018)
2018-01-1240STIPULATION AND ORDER signed by Judge Marsha J. Pechman. Defendants shall complete their review and processing of the remaining, approximately 150 outstanding records identified as potentially responsive to Plaintiffs' FOIA request, and produce to Plaintiffs all non-exempt, responsive records, by January 19, 2018. (PM) (Entered: 01/12/2018)
2018-01-2941STIPULATION AND PROPOSED ORDER by parties (Lee, Jason) (Entered: 01/29/2018)
2018-01-3142STIPULATION AND ORDER continuing the deadline to submit the Joint Status Report from 1/31/2018 to 3/2/2018. Signed by Judge Marsha J. Pechman. (PM) (Entered: 01/31/2018)
2018-03-0243JOINT STATUS REPORT signed by all parties (Attachments: # 1 Proposed Order)(Lee, Jason) (Entered: 03/02/2018)
2018-03-0644MINUTE ORDER: Upon consideration of the parties' joint motion to set deadline for subsequent joint status report, it is ORDERED that the motion is GRANTED and the parties shall file a joint status report by 5/1/2018. Authorized by Judge Marsha J. Pechman. (RM) (Entered: 03/06/2018)
2018-05-0145JOINT STATUS REPORT and joint motion to set case deadlines signed by all parties (Attachments: # 1 Proposed Order)(Lee, Jason) Modified on 5/2/2018 (RM). (Entered: 05/01/2018)
2018-05-0346ORDER re 45 Joint Status Report and Joint Motion to Set Case Deadlines. Discovery completed by 11/1/2018, Dispositive motions due by 1/31/2019. Signed by Judge Marsha J. Pechman. (PM) (Entered: 05/03/2018)
2018-11-1547NOTICE of Change of Address/Change of Name of Attorney Eric M Stahl. Filed by Plaintiffs American Civil Liberties Union of Montana, American Civil Liberties Union of North Dakota, American Civil Liberties Union of Washington. (Stahl, Eric) Modified firm address on 12/4/2018 (DS). (Entered: 11/15/2018)
2019-01-2348Agreed MOTION to Stay , filed by Defendants U.S. Customs and Border Protection, US Department of Homeland Security. (Attachments: # 1 Proposed Order) Noting Date 1/23/2019, (Lee, Jason) (Entered: 01/23/2019)
2019-01-2449ORDER granting Defendants' 48 Consent Motion to Stay in Light of Lapse of Appropriations. Parties shall file a Joint Status Report within thirty days of the restoration of appropriations. Signed by Judge Marsha J. Pechman.(SWT) (Entered: 01/24/2019)
2019-01-2850NOTICE of Restoration of Appropriations ; filed by Defendants U.S. Customs and Border Protection, US Department of Homeland Security. (Lee, Jason) (Entered: 01/28/2019)
2019-01-29Reset Deadlines: Joint Status Report due by 2/25/2019. (RM) (Entered: 01/29/2019)
2019-01-29NOTICE REGARDING LACK OF PROPER SIGNATURE. The 50 Notice of Restoration of Appropriations was improperly signed by Jason Lee . Signatures must comply with ECF Filing Procedures . Please file corrected signature page using Praecipe to Attach event and link to original filing. (PM) (Entered: 01/29/2019)
2019-01-2951PRAECIPE to attach document re 50 Notice-Other by Defendants U.S. Customs and Border Protection, US Department of Homeland Security (Lee, Jason) (Entered: 01/29/2019)
2019-02-2552STIPULATION AND PROPOSED ORDER For Dismissal by parties (Stahl, Eric) (Entered: 02/25/2019)
2019-02-2653STIPULATION AND ORDER for Dismissal re parties' 52 Stipulation, signed by Judge Marsha J. Pechman. (SWT) (Entered: 02/26/2019)
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by FOIA Project Staff
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