Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that U.S. Immigration and Customs Enforcement failed to conduct an adequate search for records requested by Jacqueline Stevens, a political science professor at Northwestern University specializing in immigration issues, and that the agency has not justified its claims made under Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). Stevens' request was for USC Claims Memos, prepared by ICE attorneys whenever ICE encounters an individual who makes a claim to U.S. citizenship or has certain indicia of U.S. citizenship. USC Claims Memos contain a factual examination and legal analysis of the individual's citizenship claim and suggest a recommended course of action as to whether to continue removal proceedings. Stevens requested all correspondence on detention or removal proceedings for people claiming or proving U.S. citizenship since January 2017. After the agency failed to respond within the statutory time limits, Stevens filed suit. The agency then collected 6,042 pages of responsive records. It disclosed 4,841 pages with partial redactions, released 280 pages in full, and withheld 746 pages entirely. The agency also withheld 158 pages as duplicates and referred 17 pages to other agencies. Stevens challenged the adequacy of the agency's search as well as its exemption claims. Stevens faulted the agency for searching only its Field Legal Office and Immigration and Law Practice Division, a component of its Office of Principal Legal Advisor, claiming that Enforcement Removal Operations should have responsive records as well. The court noted that "an affidavit must, among other things, 'aver that all files likely to contain responsive documents were searched.' ICE's affidavit does not do so. Rather, it states that the ERO and LESC do have responsive documents â€" but that ICE did not search those divisions because it determined that the searches would not yield unique responsive documents. Later, in a reply, ICE clarified that 'ERO searched for responsive records and determined during that search that it did not possess any [unique] responsive documents.' This statement, however, stills falls short of an averment that ICE searched 'all files likely to contain responsive documents.' It also makes the court wonder why ICE did not simply produce the duplicates it purportedly located or explain why it would be burdensome to do so â€" especially because it appears that ICE did include duplicates in its production of documents maintained by the Office of Principal Legal Advisor." The court credited Stevens' claim that since the offices performed different functions, they could well have different records. The court noted that "but Stevens has articulated specific reasons why additional documents 'would have turned up if [ICE] had looked for' them. At this point neither Stevens nor the court have solid information about what ICE's records contain." The court indicated that its concerns would be alleviated if ICE disclosed the duplicates it had previously withheld. Stevens' primary criticism of the agency's exemption claims was that far more information had been withheld compared to earlier requests she had made for similar records. She pointed out that in response to her 2010 FOIA request, the agency withheld legal analysis and conclusions and recommendations contained in the USC Claims memos, but only lightly redacted the statement of the case and facts sections, and urged the court here to order the agency to disclose the same kind of information. ICE withheld all personal information in response to Stevens' current FOIA request, although it had disclosed contextual information in response to her 2010 FOIA request. The court agreed with Stevens, noting that "in response to Stevens' separate FOIA request in 2010, ICE appears to have released the very information it is now withholding. ICE attempts to justify its new approach by arguing that today, it is easier to find individuals' identities using contextual information." The court observed that 'to support its broad assertion that information available online today is so different than it was in 2010 that complete redaction of contextual information is required, ICE offers little. . . What this means is that ICE has not yet persuaded the court that releasing the contextual information Stevens seeks would jeopardize third-party privacy at all." The court also questioned the agency's claim that factual portions of the memos were protected by both the deliberative process privilege and the attorney work-product privilege. The court pointed out that "even assuming for the sake of argument that the work product and deliberative process privileges cover attorney recommendations and agency decision-making reflected in finalized USC Claims Memos, ICE has not adequately explained why it cannot segregate and produce statements that are purely factual." The court told ICE to provide supplemental affidavits if it wanted to continue to claim that disputed materials were privileged or protected by the privacy exemptions.
Issues: Search - Reasonableness of search, Exemption 5 - Privileges - Attorney work-product privilege, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-04-14	1	COMPLAINT filed by Jacqueline Stevens; Filing fee $ 400, receipt number 0752-13074856. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1 - FOIA Request)(Free, Robert) (Entered: 04/14/2017)
2017-04-14		CASE ASSIGNED to the Honorable Rebecca R. Pallmeyer. Designated as Magistrate Judge the Honorable Jeffrey T. Gilbert. (meg, ) (Entered: 04/17/2017)
2017-04-18	2	ATTORNEY Appearance for Plaintiff Jacqueline Stevens by Robert Andrew Free (Free, Robert) (Entered: 04/18/2017)
2017-04-18	3	LR 83.15(a) Designation of Local Counsel by Jacqueline Stevens (Free, Robert) (Entered: 04/18/2017)
2017-04-18		SUMMONS Issued as to U.S. Immigration and Customs Enforcement, U.S. Attorney, and U.S. Attorney General (pg, ) (Entered: 04/18/2017)
2017-04-18	4	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Initial status hearing set for 6/19/2017 at 09:00 AM, courtroom 2141. Mailed notice. (etv, ) (Entered: 04/18/2017)
2017-04-28	5	ATTORNEY Appearance for Plaintiff Jacqueline Stevens by Daniel Warren Thomann (Thomann, Daniel) (Entered: 04/28/2017)
2017-04-28	6	SUMMONS Returned Executed by Jacqueline Stevens as to U.S. Immigration and Customs Enforcement, U.S. Attorney's Office, U.S. Attorney General served on 4/24/2017, answer due 6/26/2017. (Attachments: # 1 Exhibit Summons Returned Executed as to DHS-OGC, # 2 Exhibit Summons Returned Executed as to USAG, # 3 Exhibit Delivery Confirmation, # 4 Exhibit Proof of Costs) (Free, Robert) Docket Text Modified by Clerk's Office on 4/28/2017 (jh, ). (Entered: 04/28/2017)
2017-05-24	7	DESIGNATION of Prashant Kolluri as U.S. Attorney for Defendant U.S. Immigration and Customs Enforcement (Kolluri, Prashant) (Entered: 05/24/2017)
2017-05-24	8	ANSWER to Complaint by U.S. Immigration and Customs Enforcement(Kolluri, Prashant) (Entered: 05/24/2017)
2017-05-26	9	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Initial status hearing set for 6/19/2017 is stricken. The parties are directed to appear through lead counsel for a pretrial conference pursuant to FED. R. CIV. P. 16. on 6/19/2017 at 9:00 AM. Counsel are requested promptly to meet face-to-face for a discussion of possible settlement and for preparation of a planning report. The form is accessible from the court's Internet site, www.ilnd.uscourts.gov. Such report shall be submitted to Judge Pallmeyer in chambers no later than two business days prior to the conference. Mailed notice (etv, ) (Entered: 05/26/2017)
2017-06-13	10	MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, Rule 16 conference set for 6/19/2017 is stricken and re-set to 6/30/2017 at 9:00 AM. Mailed notice. (etv, ) (Entered: 06/13/2017)
2017-06-29	11	MINUTE entry before the Honorable Rebecca R. Pallmeyer: By agreement, Rule 16 conference set for 6/30/2017 is stricken and re-set to 7/5/2017 at 9:00 AM. Mailed notice. (etv, ) (Entered: 06/29/2017)
2017-07-04	12	REPORT of Rule 26(f) Planning Meeting by Jacqueline Stevens (Free, Robert) (Entered: 07/04/2017)
2017-07-05	13	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Rule 16 conference held on 7/5/2017. Status hearing set for 8/30/2017 at 9:00 a.m., Attorney Free will be allowed to appear by telephone. Mailed notice. (etv, ) (Entered: 07/05/2017)
2017-08-30	14	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 8/30/2017. Defense counsel reports defendant has produced documents and will complete the production within 60 days; counsel acknowledges, however, that the materials produced to date are heavily redacted. Further status hearing set for 11/7/2017 at 9:00 AM. Mailed notice. (etv, ) (Entered: 08/30/2017)
2017-11-07	15	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 11/7/2017. Status hearing set for 12/4/2017 at 09:00 AM. Mailed notice. (etv, ) (Entered: 11/07/2017)
2017-12-04	16	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 12/4/2017. Status hearing set for 1/8/2018 at 09:00 AM. Mailed notice. (etv, ) (Entered: 12/04/2017)
2018-01-08	17	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 1/8/2018. Status hearing set for 2/13/2018 at 09:00 AM. Mailed notice. (etv, ) (Entered: 01/08/2018)
2018-02-13	18	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 2/13/2018. Summary judgment motion to be filed by or on 4/30/2018; response to be filed by or on 5/30/2018; reply, if any, to be filed by or on 6/14/2018; ruling to be made by mail. Mailed notice. (etv, ) (Entered: 02/13/2018)
2018-04-30	19	MOTION by Defendant U.S. Immigration and Customs Enforcement for summary judgment (Kolluri, Prashant) (Entered: 04/30/2018)
2018-04-30	20	RULE 56.1 Statement by U.S. Immigration and Customs Enforcement regarding motion for summary judgment 19 (Attachments: # 1 Exhibit A (Pavlik-Keenan Declaration))(Kolluri, Prashant) (Entered: 04/30/2018)
2018-04-30	21	MOTION by Defendant U.S. Immigration and Customs Enforcement for leave to file Oversized Brief (Unopposed) (Attachments: # 1 Exhibit A (Memorandum in support of Motion for Summary Judgment))(Kolluri, Prashant) (Entered: 04/30/2018)
2018-04-30	22	NOTICE of Motion by Prashant Kolluri for presentment of motion for leave to file 21 before Honorable Rebecca R. Pallmeyer on 5/3/2018 at 08:45 AM. (Kolluri, Prashant) (Entered: 04/30/2018)
2018-05-01	23	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for leave to file brief in excess of 15 pages 21 is granted without an appearance. Mailed notice. (etv, ) (Entered: 05/01/2018)
2018-05-01	24	MEMORANDUM by U.S. Immigration and Customs Enforcement in support of motion for summary judgment 19 (Kolluri, Prashant) (Entered: 05/01/2018)
2018-05-30	25	MOTION by Plaintiff Jacqueline Stevens for extension of time to file response/reply as to motion for summary judgment 19 (UNOPPOSED) (Free, Robert) (Entered: 05/30/2018)
2018-05-31	26	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for one-week extension of briefing deadlines 25 is granted. Response to the summary judgment motion extended to and including 6/6/2018; reply extended to and including 6/21/2018. Mailed notice. (etv, ) (Entered: 05/31/2018)
2018-06-06	27	MOTION by Plaintiff Jacqueline Stevens for extension of time to file response/reply as to motion for summary judgment 19 (UNOPPOSED) (Free, Robert) (Entered: 06/06/2018)
2018-06-07	28	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for two-day extension of briefing deadlines 27 is granted. Response to the summary judgment motion extended to and including 6/8/2018. Mailed notice. (etv, ) (Entered: 06/07/2018)
2018-06-08	29	RESPONSE by Jacqueline Stevensin Opposition to MOTION by Defendant U.S. Immigration and Customs Enforcement for summary judgment 19 (Free, Robert) (Entered: 06/08/2018)
2018-06-08	30	AFFIDAVIT by Plaintiff Jacqueline Stevens in Opposition to MOTION by Defendant U.S. Immigration and Customs Enforcement for summary judgment 19 (Free, Robert) (Entered: 06/09/2018)
2018-06-09	31	RULE 56.1(b) Statement (Free, Robert) (Entered: 06/09/2018)
2018-06-21	32	MOTION by Defendant U.S. Immigration and Customs Enforcement for extension of time to file response/reply in support of motion for summary judgment (Unopposed) (Kolluri, Prashant) (Entered: 06/21/2018)
2018-06-21	33	NOTICE of Motion by Prashant Kolluri for presentment of motion for extension of time to file response/reply 32 before Honorable Rebecca R. Pallmeyer on 6/27/2018 at 08:45 AM. (Kolluri, Prashant) (Entered: 06/21/2018)
2018-06-25	34	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion to extend time to fie reply in support of motion for summary judgment 32 is granted to and including 7/9/2018, without an appearance. Mailed notice. (etv, ) (Entered: 06/25/2018)
2018-07-09	35	REPLY by Defendant U.S. Immigration and Customs Enforcement to motion for summary judgment 19 (Attachments: # 1 Exhibit A (Pineiro Declaration), # 2 Exhibit B (Defendant's Response to Plaintiff's Statement of Additional Facts))(Kolluri, Prashant) (Entered: 07/09/2018)
2018-12-26	36	GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)
2019-01-08	37	AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)
2019-01-28	38	GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)
2019-02-20	39	MINUTE entry before the Honorable Rebecca R. Pallmeyer: The government's motion for summary judgment 19 is stricken without prejudice for refiling after completion of an additional Vaughn index, to be submitted within 21 days. Status hearing set for 3/27/2019 at 9:00 AM. Mailed notice. (etv, ) (Entered: 02/20/2019)
2019-02-20	40	ORDER : Signed by the Honorable Rebecca R. Pallmeyer on 2/20/2019. Mailed notice. (etv, ) (Entered: 02/20/2019)
2019-03-13	41	NOTICE by U.S. Immigration and Customs Enforcement of Filing of Supplemental Declaration and Supplemental Vaughn Index (Attachments: # 1 Supplemental Declaration and Vaughn Index)(Kolluri, Prashant) (Entered: 03/13/2019)
2019-03-27	42	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 3/27/2019. Status hearing set for 4/30/2019 at 09:00 AM. Mailed notice. (etv, ) (Entered: 03/27/2019)
2019-04-30	43	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 4/30/2019. Status hearing set for 5/14/2019 at 09:00 AM. Mailed notice. (etv, ) (Entered: 05/01/2019)
2019-05-09	44	ATTORNEY Appearance for Plaintiff Jacqueline Stevens by Nicolette Glazer as co-counsel (Glazer, Nicolette) (Entered: 05/09/2019)
2019-05-14	45	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Status hearing held on 5/14/2019. Plaintiff's motion for summary judgment to be filed by or on 7/15/2019; response to be filed by or on 8/29/2019; reply to be filed by or on 9/12/2019; ruling to be made by mail. Mailed notice. (etv, ) (Entered: 05/15/2019)
2019-07-15	46	MOTION by Plaintiff Jacqueline Stevens for extension of time (Unopposed) (Free, Robert) (Entered: 07/15/2019)
2019-07-16	47	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for extension of time 46 is granted as follows: Deadline for Plaintiff's motion for summary judgment is extended to 7/28/2019; Defendant's response is extended to 9/12/19; Plaintiff's reply is extended to 9/26/19. Notice mailed by judge's staff (ntf, ) (Entered: 07/16/2019)
2019-07-26	48	MOTION by Plaintiff Jacqueline Stevens for extension of time to file Plaintiff's Motion for Partial Summary Judgment (1-day Extension - Unopposed) (Free, Robert) Modified on 7/30/2019 (ntf, ). (Entered: 07/26/2019)
2019-07-29	49	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for one-day briefing extension 48 is granted as follows: Deadline for Plaintiff's motion for summary judgment is extended to 7/29/19; Defendant's response is extended to 9/13/19; Plaintiff's reply is extended to 9/27/19. Notice mailed by judge's staff (ntf, ) (Entered: 07/29/2019)
2019-07-29	50	MOTION by Plaintiff Jacqueline Stevens for extension of time (2-weeks; Unopposed) (Free, Robert) (Entered: 07/29/2019)
2019-07-30	51	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for two-week briefing extension to allow counsel for the parties additional time to meet and confer 50 is granted to and including 8/12/19. Notice mailed by judge's staff (ntf, ) (Entered: 07/30/2019)
2019-08-12	52	MOTION by Plaintiff Jacqueline Stevens for extension of time to file motion for summary judgment (1-day extension) (Unopposed) (Free, Robert) (Entered: 08/12/2019)
2019-08-13	53	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for extension of time to file her summary judgment motion 52 is granted to and including 8/13/2019. Mailed notice (mw, ) (Entered: 08/13/2019)
2019-08-13	54	MOTION by Plaintiff Jacqueline Stevens for summary judgment (Free, Robert) (Entered: 08/13/2019)
2019-08-13	55	MEMORANDUM by Jacqueline Stevens in support of motion for summary judgment 54 (Free, Robert) (Entered: 08/14/2019)
2019-08-14	56	RULE 56.1 Statement by Jacqueline Stevens regarding motion for summary judgment 54 (Free, Robert) (Entered: 08/14/2019)
2019-08-14	57	AFFIDAVIT by Plaintiff Jacqueline Stevens in Support of MOTION by Plaintiff Jacqueline Stevens for summary judgment 54 (Attachments: # 1 Exhibit A - Selected States Without Nations Post on USC Claims, # 2 Exhibit B - Duplicates Tables, # 3 Exhibit C - ILPD FOIA Release)(Free, Robert) (Entered: 08/14/2019)
2019-09-23	58	MOTION by Defendant U.S. Immigration and Customs Enforcement for extension of time to file response/reply to plaintiff's motion for summary judgment (Unopposed) (Kolluri, Prashant) (Entered: 09/23/2019)
2019-09-23	59	NOTICE of Motion by Prashant Kolluri for presentment of motion for extension of time to file response/reply 58 before Honorable Rebecca R. Pallmeyer on 9/26/2019 at 08:45 AM. (Kolluri, Prashant) (Entered: 09/23/2019)
2019-09-25	60	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion to extend time to file summary judgment response and cross-motion for summary judgment 58 is granted as follows: Deadline for Defendant's response and cross-motion is extended to 10/11/19; Plaintiff's reply is extended to 10/25/19. Motion hearing date of 9/26/19 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 09/25/2019)
2019-10-09	61	MOTION by Defendant U.S. Immigration and Customs Enforcement for extension of time to file response/reply to plaintiff's motion for summary judgment (Second Unopposed motion) (Kolluri, Prashant) (Entered: 10/09/2019)
2019-10-09	62	NOTICE of Motion by Prashant Kolluri for presentment of motion for extension of time to file response/reply 61 before Honorable Rebecca R. Pallmeyer on 10/15/2019 at 08:45 AM. (Kolluri, Prashant) (Entered: 10/09/2019)
2019-10-15	63	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Motion hearing held. Defendant's second unopposed motion for extension of time to file summary judgment response and cross-motion for summary judgment 61 is granted as follows: Deadline for Defendant's response and cross-motion is extended to 10/18/19; Plaintiff's reply date is extended to 11/1/19. Notice mailed by judge's staff (ntf, ) (Entered: 10/15/2019)
2019-10-18	64	MOTION by Defendant U.S. Immigration and Customs Enforcement for summary judgment (Cross-Motion) (Kolluri, Prashant) (Entered: 10/18/2019)
2019-10-18	65	MOTION by Defendant U.S. Immigration and Customs Enforcement for leave to file Brief in Excess of 15 Pages (Unopposed) (Attachments: # 1 Ex A (Summary Judgment Response and Memorandum in support of Defendant's Cross-Motion for Summary Judgment))(Kolluri, Prashant) (Entered: 10/18/2019)
2019-10-18	66	NOTICE of Motion by Prashant Kolluri for presentment of motion for leave to file, 65 before Honorable Rebecca R. Pallmeyer on 10/28/2019 at 09:00 AM. (Kolluri, Prashant) (Entered: 10/18/2019)
2019-10-18	67	RULE 56 LR 56.1(b)(3) Statement Response to Plaintiff's Statement of Material Facts and Defendant's Statement of Additional Material Facts (Attachments: # 1 Ex A (Dent Declaration), # 2 Ex B (Pineiro Declaration))(Kolluri, Prashant) (Entered: 10/18/2019)
2019-10-21	68	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion for leave to file brief in excess of 15 pages 65 is granted to 29 pages. Motion hearing date of 10/28/19 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 10/21/2019)
2019-10-22	69	MEMORANDUM by U.S. Immigration and Customs Enforcement in Opposition to Plaintiff's Motion for Summary Judgment and in support of Defendant's Cross-Motion for Summary Judgment (Kolluri, Prashant) (Entered: 10/22/2019)
2019-11-05	70	MOTION by Plaintiff Jacqueline Stevens for extension of time to file response/reply as to motion for summary judgment 64 (Free, Robert) (Entered: 11/05/2019)
2019-11-06	71	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's motion for leave to late-file reply and response 70 is granted to and including 11/8/19. Notice mailed by judge's staff (ntf, ) (Entered: 11/06/2019)
2019-11-08	72	MOTION by Plaintiff Jacqueline Stevens for extension of time to file response/reply until Monday, Nov. 11, 2019 (UNOPPOSED) (Free, Robert) (Entered: 11/08/2019)
2019-11-11	73	REPLY by Jacqueline Stevens to memorandum 69 , MOTION by Plaintiff Jacqueline Stevens for summary judgment 54 and Response in Opposition to Cross-Motion for Summary Judgment (Free, Robert) (Entered: 11/11/2019)
2019-11-12	74	MOTION by Plaintiff Jacqueline Stevens to file instanter (Attachments: # 1 Proposed Rule 56.1 Statement)(Free, Robert) (Entered: 11/12/2019)
2019-11-12	75	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's unopposed motion for briefing extension 72 is granted to 11/11/19. Notice mailed by judge's staff (ntf, ) (Entered: 11/12/2019)
2019-12-23	76	MOTION by Defendant U.S. Immigration and Customs Enforcement for leave to file Reply In Support of Cross-Motion for Summary Judgment and Sur-reply to Plaintiff's Motion for Summary Judgment (Unopposed) (Attachments: # 1 Ex. 1 (Reply in Support of Summary Judgment and Sur-reply to plaintiff's Motion for Summary Judgment))(Kolluri, Prashant) (Entered: 12/23/2019)
2019-12-23	77	NOTICE of Motion by Prashant Kolluri for presentment of motion for leave to file, 76 before Honorable Rebecca R. Pallmeyer on 1/6/2020 at 09:00 AM. (Kolluri, Prashant) (Entered: 12/23/2019)
2019-12-24	78	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Plaintiff's instanter motion for leave to file L.R. 56.1 statement out of time 74 and Defendant's unopposed motion for leave to file reply in support of cross-motion for summary judgment and sur-reply to plaintiff's motion for summary judgment 76 are granted. Motion hearing date of 1/6/2020 is stricken. Mailed notice (cn). (Entered: 12/24/2019)
2019-12-24	79	REPLY by Defendant U.S. Immigration and Customs Enforcement to motion for summary judgment 64 and Sur-Reply to Plaintiff's Motion for Summary Judgment (Kolluri, Prashant) (Entered: 12/24/2019)
2020-01-09	80	MEMORANDUM Opinion and Order. The court denies ICE's cross-motion for summary judgment on the adequacy of its search and denies in part ICE's cross-motion for summary judgment that it has properly withheld information under FOIA Exemptions 5, 6, and 7(C) 64 . The court orders ICE to produce the responsive documents it located in its search of ERO and conduct a limited search of the Law Enforcement Support Center records. Concerning redactions to "statement of the case" and "facts" sections of finalized USC Claims memos under Exemptions 5, 6, and 7(C), the court directs ICE to reexamine the documents and, within 21 days, either produce additional material consistent with the principles articulated in this opinion or provide a supplemental Vaughn index and affidavit that address in detail the concerns the court has raised. The court reserves judgment on all other issues. If the court is incorrect that Stevens does not seek the "legal analysis" and "conclusion and recommendation" sections of finalized USC Claims memos, she must notify the court within 21 days and show cause why she needs these sections for her research. Plaintiff's motion for summary judgment 54 is denied without prejudice. Signed by the Honorable Rebecca R. Pallmeyer on 1/9/2020. Notice mailed by judge's staff (ntf, ) (Entered: 01/09/2020)
2020-01-28	81	MOTION by Defendant U.S. Immigration and Customs Enforcement for extension of time to file Supplemental Vaughn Index and Declaration (Unopposed) (Kolluri, Prashant) (Entered: 01/28/2020)
2020-01-28	82	NOTICE of Motion by Prashant Kolluri for presentment of extension of time 81 before Honorable Rebecca R. Pallmeyer on 2/3/2020 at 09:00 AM. (Kolluri, Prashant) (Entered: 01/28/2020)
2020-01-30	83	MINUTE entry before the Honorable Rebecca R. Pallmeyer: Defendant's unopposed motion to extend time to file supplemental Vaughn index and supplemental declaration 81 is granted. Motion hearing date of 2/3/2020 is stricken. Notice mailed by judge's staff (ntf, ) (Entered: 01/30/2020)
2020-01-31	84	RESPONSE by Plaintiff Jacqueline Stevens to order on motion for summary judgment,,,,,,,,,,,, memorandum opinion and order,,,,, 80 , order on motion for extension of time,, terminate deadlines and hearings, 83 (Attachments: # 1 Appendix of Plaintiff Stevens, # 2 Exhibit A (ICE Directive), # 3 Exhibit B (email), # 4 Exhibit C (tracking of Exemptions), # 5 Exhibit D (email), # 6 Exhibit E (sample released application), # 7 Exhibit F (sample released immg form), # 8 Exhibit G (sample released ICE form))(Glazer, Nicolette) (Entered: 01/31/2020)
2020-02-06	85	NOTICE by U.S. Immigration and Customs Enforcement of filing of Supplemental Declaration and Supplemental Vaughn Index (Attachments: # 1 Exhibit A (Fuentes Supplemental Declaration), # 2 Exhibit A-1 (Supplemental Vaughn Index))(Kolluri, Prashant) (Entered: 02/06/2020)
2020-02-10	86	WITHDRAWING and Substitution of Counsel as counsel for Defendant U.S. Immigration and Customs Enforcement and substituting Alex Harms Hartzler as counsel of record (Hartzler, Alex) (Entered: 02/10/2020)
2020-02-28	87	EXECUTIVE COMMITTEE ORDER: GENERAL ORDER 20-0008 - Pursuant that to the Executive Committee Order entered on February 24, 2020 the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable John F. Kness; therefore IT IS HEREBY ORDERED that the attached list of 313 cases be reassigned to the Honorable John F. Kness; and IT IS FURTHER ORDERED that all parties affected by this Order must review the Honorable John F. Kness' webpage on the Court's website for the purpose of reviewing instructions regarding scheduling and case management procedures; and IT IS FURTHER ORDERED that any civil case that has been reassigned pursuant to this Order will not be randomly reassigned to create the initial calendar of a new district judge for twelve months from the date of this Order; and IT IS FURTHER ORDERED that the Clerk of Court is directed to add the Honorable John F. Kness to the Court's civil case assignment system during the next business day, so that he shall receive a full share of such cases. Case reassigned to the Honorable John F. Kness for all further proceedings. Honorable Joan B. Gottschall no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 2/28/2020. (kp, ) (Entered: 02/28/2020)
2020-03-09	88	ORDER : STANDING ORDER REGARDING REASSIGNED CIVIL CASES: This Standing Order applies to all civil cases reassigned as of February 28, 2020 to the calendar of District Judge John F. Kness. Unless otherwise ordered: (1) all previously-set status or motion hearing dates are vacated; (2) any trials or evidentiary hearings scheduled between March 9, 2020 and May 1, 2020 are continued and will be re-set by the Court at a future hearing; and (3) all other previously-set deadlines and schedules (other than hearing dates) shall remain in effect. See Order for details. Signed by the Honorable John F. Kness on 3/9/2020: Mailed notice. (tg, ) (Entered: 03/09/2020)
2020-03-16	89	ORDER Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 16, 2020. All open cases are impacted by this Amended General Order. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/16/2020: Mailed notice. (pj, ) (Entered: 03/17/2020)
2020-03-30	90	ORDER Seconded Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on March 30, 2020. All open cases are impacted by this Second Amended General Order. Amended General Order 20-0012, entered on March 17, 2020, and General Order 20-0014, entered on March 20, 2020, are vacated and superseded by this Second Amended General. See attached Order for guidance.Signed by the Honorable Rebecca R. Pallmeyer on 3/30/2020: Mailed notice. (docket5, ) (Entered: 03/31/2020)
2020-04-24	91	ORDER Third Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on April 24, 2020. All open cases are impacted by this Third Amended General Order. Parties are must carefully review all obligations under this Order, including the requirement listed in paragraph number 5 to file a joint written status report in most civil cases. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 4/24/2020: Mailed notice. (docket1, ) (Entered: 04/27/2020)
2020-04-30	92	ORDER : STANDING ORDER REGARDING CIVIL CASES. Signed by the Honorable John F. Kness on 4/30/2020: Mailed notice. (docket4, ) (Entered: 04/30/2020)
2020-05-14	93	STATUS Report (Joint Status Report in Reassigned Case) by U.S. Immigration and Customs Enforcement (Hartzler, Alex) (Entered: 05/14/2020)
2020-05-26	94	ORDER ORDER Fourth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on May 26, 2020. This Order does not extend or modify any deadlines set in civil cases. For non-emergency motions, no motion may be noticed for presentment on a date earlier than July 15, 2020. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 5/26/2020: Mailed notice. (docket1, ) (Entered: 05/26/2020)
2020-07-10	95	ORDER Fifth Amended General Order 20-0012 IN RE: CORONAVIRUS COVID-19 PUBLIC EMERGENCY Signed by the Chief Judge Rebecca R. Pallmeyer on July 10, 2020. This Order does not extend or modify any deadlines set in civil cases. No motions may be noticed for in-person presentment; the presiding judge will notify parties of the need, if any, for a hearing by electronic means or in-court proceeding. See attached Order. Signed by the Honorable Rebecca R. Pallmeyer on 7/10/2020: Mailed notice. (Clerk3, Docket) (Entered: 07/10/2020)
2021-04-22	96	MINUTE entry before the Honorable John F. Kness: Telephonic status hearing set for 5/3/2021 at 10:00 AM. The parties are to use the following call-in number: 888-684-8852, access code 3796759. The public and media representatives may have access to the hearing via the same number. Audio recording of the hearing is not permitted; violations of this prohibition may result in sanctions. Participants are directed to keep their device muted when they are not speaking. Mailed notice (ef, ) (Entered: 04/22/2021)
2021-05-03	97	MINUTE entry before the Honorable John F. Kness: Telephonic status hearing on 5/3/2021. As stated on the record, the parties' cross motions for clarification of the court's summary judgment ruling 80 dated 1/9/2020 must be filed on or before 5/24/2021. A motion hearing is set for 6/24/2021 at 9:30 AM. The parties shall use the same call-in information 96 . Mailed notice (ef, ) (Entered: 05/04/2021)
2021-05-05	98	MINUTE entry before the Honorable John F. Kness: By request and agreement of the parties, the motion hearing set for 6/24/2021 is stricken and reset for 6/23/2021 at 09:45 AM. The parties shall use the same call-in information 96 . Mailed notice (ef, ) (Entered: 05/05/2021)
2021-05-24	99	MOTION by Defendant U.S. Immigration and Customs Enforcement to clarify (Motion for Clarification Regarding Summary Judgment Ruling) (Hartzler, Alex) (Entered: 05/24/2021)
2021-05-24	100	MOTION by Plaintiff Jacqueline Stevens to clarify In Re: Summary Judgment Ruling (Glazer, Nicolette) (Entered: 05/24/2021)
2021-06-22	101	MINUTE entry before the Honorable John F. Kness: Before the Court are the parties' motions to clarify. The motions are taken under advisement. Status hearing set for 6/23/2021 is stricken and reset to 8/4/2021 at 10:00 AM. Mailed notice (ef, ) (Entered: 06/22/2021)
2021-08-03	102	MINUTE entry before the Honorable John F. Kness: The motions to clarify remain under advisement. Status hearing set for 8/4/2021 is stricken and will be reset by separate order. Mailed notice (ef, ) (Entered: 08/03/2021)
2022-03-31	103	ORDER signed by the Honorable John F. Kness on 3/31/2022: The parties' cross- motions for clarification (Dkts. 99, 100) are denied without prejudice. So that the Court can review in camera the remaining materials at issue, Defendant must, within 14 days, deliver unredacted copies of the withheld materials to the Courtroom Deputy. Upon receipt of the materials, the Court will review them and issue a separate ruling as to whether the materials must be disclosed, either in whole or in part. See accompanying Statement for details. Mailed notice(ef, ) (Entered: 03/31/2022)
2022-12-29	104	ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)
2023-12-28	105	ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/28/2023: Mailed notice. (tg, ) (Entered: 12/28/2023)
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