Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of Homeland Security must disclose most of the records related to its "super-recommendations memorandum" pertaining to the closure of the Etowah County Detention Center in Alabama because it represents the agency's final decision of the review of the facility's operations. The Adelante Alabama Worker Center, the Detention Watch Network, and the Greater Birmingham Ministries requested the memo after it was referred to in a 2015 annual report to Congress prepared by the Office for Civil Rights and Liberties. The congressional report described the super-recommendations memo on the Etowah County Detention Center as recommending that "ICE develop a comprehensive plan to address the deficiencies at the facility, address the issues raised in complaints opened since the 2012 site visit, and either transition the facility to the 2011 Performance Based National Standards or cease use of the facility." The plaintiffs requested records pertaining to the super-recommendation memo. The agency located five pages but withheld them all under Exemption 5 (privileges). The plaintiffs filed an administrative appeal and the request was remanded for a better explanation of the Exemption 5 claim. After the agency failed to respond, the plaintiffs filed suit. The agency disclosed 127 pages with considerable redactions. The disclosed records included the super-recommendation memo, four 2012 expert reports, and other related records. The plaintiffs did not challenge the adequacy of the search but did question the agency's Exemption 5 and Exemption 6 (invasion of privacy) claims. Judge Gregory Woods indicated that there was a conflict between the agency's claim that the super-recommendations memo was protected by the deliberative process privilege and the identification of the memo's recommendations in the agency's report to Congress. Deciding to review the five-page memo in camera, Woods observed that "it is difficult to imagine what more palpable evidence than the CRCL's official report to Congress Plaintiff could possibly be expected to point to" as evidence that the agency had made a decision. Woods also questioned whether or not the agency had withheld records that contained standards and methodologies that had been adopted as the agency's policy. He instructed the agency to re-review the expert reports and to disclose any severable material that constituted adopted policy or working of DHS and/or U.S. Immigration and Customs Enforcement. While the agency argued that any factual material in the expert reports reflected their deliberations, Woods pointed out that in Mapother v. Dept of Justice, 3 F. 3d 1533 (D.C. Cir. 1993), the D.C. Circuit had distinguished between the factual material used as part of a complex decision in an adjudicatory proceeding �" which was typically deliberative �" and factual material related to an investigative report prepared only to inform �" which did not qualify as deliberative. Here, Woods found that most of the factual material was more akin to an investigative report. However, he recognized that other portions of the reports could qualify as pertaining to more complex decisions. As a result, he told the agency to re-review its claims and release material consistent with his opinion. The agency had withheld personally identifying information pertaining to experts under Exemption 6, claiming that there was potential for harassment if their names were disclosed. Finding that the experts' minimal privacy interests were outweighed by the public interest in disclosure, Wood observed that "the difference between a mere potential 'increase in the possibility' of harassment and the likelihood of harassment is the difference between a 'real' threat and speculation." He pointed out that "as the identity of the Experts and their professional backgrounds are relevant to evaluating CRCL's functionality, as well as how the CRCL is spending taxpayer funds, disclosure here would further the 'core purpose of the FOIA, which is [to] contribute significantly to public understanding of the operations or activities of the government.'"
Issues: Exemption 5 - Privileges, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-12-06	1	COMPLAINT against Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Filing Fee $ 400.00, Receipt Number 0208-14441809)Document filed by Immigrant Defense Project, Adelante Alabama Worker Center, Greater Birmingham Ministries, Detention Watch Network, Southerners on New Ground.(Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	2	CIVIL COVER SHEET filed. (Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	3	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security; Office for Civil Rights and Civil Liberties, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) Modified on 12/7/2017 (pc). (Entered: 12/06/2017)
2017-12-06	4	REQUEST FOR ISSUANCE OF SUMMONS as to Office for Civil Rights and Civil Liberties, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	5	REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	6	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security; Office for Civil Rights and Civil Liberties, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) Modified on 12/7/2017 (pc). (Entered: 12/06/2017)
2017-12-06	7	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Adelante Alabama Worker Center.(Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	8	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Detention Watch Network.(Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	9	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Greater Birmingham Ministries.(Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	10	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Immigrant Defense Project.(Pulver, Adam) (Entered: 12/06/2017)
2017-12-06	11	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Southerners on New Ground.(Pulver, Adam) (Entered: 12/06/2017)
2017-12-07		***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Adam R Pulver. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State. (pc) (Entered: 12/07/2017)
2017-12-07		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 12/07/2017)
2017-12-07		Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 12/07/2017)
2017-12-07		Case Designated ECF. (pc) (Entered: 12/07/2017)
2017-12-07	12	ELECTRONIC SUMMONS ISSUED as to Office for Civil Rights and Civil Liberties. (pc) (Entered: 12/07/2017)
2017-12-07	13	ELECTRONIC SUMMONS ISSUED as to Department Of Homeland Security. (pc) (Entered: 12/07/2017)
2017-12-07		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Adam R Pulver to re Document No. 6 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): These parties are not parties listed on the complaint caption title. These parties are also not on CM ECF. (pc) (Entered: 12/07/2017)
2017-12-07	14	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) Modified on 12/8/2017 (vf). (Entered: 12/07/2017)
2017-12-07	15	FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) Modified on 12/8/2017 (vf). (Entered: 12/07/2017)
2017-12-08		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Adam R Pulver to RE-FILE Document No. 15 Request for Issuance of Amended Summons, 14 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): defendant name error; "Amended" not reflected on summons. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) (Entered: 12/08/2017)
2017-12-08	16	REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) (Entered: 12/08/2017)
2017-12-08	17	REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Pulver, Adam) (Entered: 12/08/2017)
2017-12-11	18	ELECTRONIC AMENDED SUMMONS ISSUED as to Department Of Homeland Security. (vf) (Entered: 12/11/2017)
2017-12-11	19	ELECTRONIC AMENDED SUMMONS ISSUED as to Department Of Homeland Security. (vf) (Entered: 12/11/2017)
2017-12-15	20	MOTION for Patrick Daniel Llewellyn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14483273. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Affidavit of Patrick D. Llewellyn, # 3 Text of Proposed Order)(Llewellyn, Patrick) (Entered: 12/15/2017)
2017-12-18		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Patrick Daniel Llewellyn to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14483273. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 12/18/2017)
2017-12-18	21	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Jessica M. Vosburgh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14485242. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Attachments: # 1 Affidavit Affidavit of Jessica M. Vosburgh, # 2 Exhibit Alabama Bar Certificate of Standing, # 3 Exhibit California Bar Certificate of Standing, # 4 Text of Proposed Order)(Vosburgh, Jessica) Modified on 12/18/2017 (bcu). (Entered: 12/18/2017)
2017-12-18		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 21 MOTION for Jessica M. Vosburgh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14485242. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama and California;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) (Entered: 12/18/2017)
2017-12-18	22	FILING ERROR - DEFICIENT DOCKET ENTRY - AMENDED MOTION for Jessica M. Vosburgh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Attachments: # 1 Affidavit, # 2 Exhibit Corrected Alabama Bar Certificate of Standing, # 3 Exhibit Corrected California Bar Certificate of Standing, # 4 Text of Proposed Order)(Vosburgh, Jessica) Modified on 12/18/2017 (wb). (Entered: 12/18/2017)
2017-12-18	23	SUMMONS RETURNED EXECUTED Summons and Complaint, served. Department Of Homeland Security served on 12/15/2017. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by Immigrant Defense Project; Adelante Alabama Worker Center; Greater Birmingham Ministries; Detention Watch Network; Southerners on New Ground. (Pulver, Adam) (Entered: 12/18/2017)
2017-12-18		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 22 AMENDED MOTION for Jessica M. Vosburgh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Alabama and California;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (wb) (Entered: 12/18/2017)
2018-01-03	24	ORDER granting 20 Motion for Patrick Daniel Llewellyn to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 01/03/2018)
2018-01-04	25	NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Dolinger, Samuel) (Entered: 01/04/2018)
2018-01-05	26	ORDER: It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, no later than January 10, 2018, mail or email directly to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov) a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge); and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 1/5/2018) (anc) (Entered: 01/05/2018)
2018-01-08	27	AMENDED MOTION for Jessica M. Vosburgh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Attachments: # 1 Affidavit, # 2 Exhibit Alabama Supreme Court Certificate of Standing, # 3 Exhibit California Supreme Court Certificate of Standing, # 4 Text of Proposed Order)(Vosburgh, Jessica) (Entered: 01/08/2018)
2018-01-09		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 27 AMENDED MOTION for Jessica M. Vosburgh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 01/09/2018)
2018-01-10	28	JOINT LETTER addressed to Judge Gregory H. Woods from Patrick D. Llewellyn dated January 10, 2018 re: Proceeding Before Magistrate Judge. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Llewellyn, Patrick) (Entered: 01/10/2018)
2018-01-11	29	ORDER granting 27 Motion for Jessica M. Vosburgh to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Gregory H. Woods)(Text Only Order) (Woods, Gregory) (Entered: 01/11/2018)
2018-01-12	30	ANSWER to 1 Complaint,. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties.(Dolinger, Samuel) (Entered: 01/12/2018)
2018-01-22	31	NOTICE OF INITIAL CONFERENCE: Initial Conference set for 2/14/2018 at 10:00 AM in Courtroom 12C of the United States District Court for the Southern District of New York, Daniel Patrick Moynihan U.S. Courthouse at 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 1/22/2018) (mro) (Entered: 01/23/2018)
2018-01-23	32	CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Gregory H. Woods from Patrick D. Llewellyn dated 1/23/2018. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Llewellyn, Patrick) (Entered: 01/23/2018)
2018-01-24	33	ORDER granting 32 Letter Motion to Adjourn Conference. The parties' request to adjourn the initial pretrial conference, Dkt. No. 32, is granted. The initial pretrial conference schedule for February 14, 2018 is adjourned to February 22, 2018 at 10:00 a.m. The joint status letter and proposed case management plan described in the Court's January 22, 2018 order are due no later than February 15, 2018. SO ORDERED. (Initial Conference set for 2/22/2018 at 10:00 AM before Judge Gregory H. Woods.) (Signed by Judge Gregory H. Woods on 1/24/2018) (anc) (Entered: 01/24/2018)
2018-02-15	34	STATUS REPORT. Joint Initial Status Letter Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Pulver, Adam) (Entered: 02/15/2018)
2018-02-22		Minute Entry for proceedings held before Judge Gregory H. Woods: Initial Pretrial Conference held on 2/22/2018. (Court Reporter Jennifer Thun) (Daniels, Anthony) (Entered: 02/22/2018)
2018-02-22	35	ORDER: As discussed during the initial pretrial conference held on February 22, 2018, the Government is directed to produce its Vaughn index no later than April 2, 2018. Following production of the Vaughn index, and no later than April 16, 2018, the parties are directed to meet and confer regarding any remaining issues or anticipated motions. The parties are further directed to submit a joint status letter to the Court no later than April 18, 2018. SO ORDERED. (Signed by Judge Gregory H. Woods on 2/22/2018) (anc) (Entered: 02/22/2018)
2018-04-18	36	JOINT LETTER addressed to Judge Gregory H. Woods dated 4/18/2018 re: Status Letter and Proposed Schedule. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties.(Dolinger, Samuel) (Entered: 04/18/2018)
2018-04-27	37	MEMO ENDORSEMENT on re: 36 Letter filed by Office for Civil Rights and Civil Liberties, Department Of Homeland Security. ENDORSEMENT: The Court adopts the parties' proposed schedule. Defendants' motion for summary judgment is due no later than May 9, 2018. Plaintiffs' combined cross-motion for summary judgment and opposition to Defendants' motion for summary judgment is due no later than June 8, 2018. Defendants' combined opposition to Plaintiffs' cross-motion and reply is due no later than June 29, 2018. Plaintiffs' reply is due no later than July 20, 2018. SO ORDERED. (Cross Motions due by 6/8/2018. Motions due by 5/9/2018. Responses due by 6/29/2018. Replies due by 7/20/2018.) (Signed by Judge Gregory H. Woods on 4/27/2018) (anc) (Entered: 04/27/2018)
2018-05-09	38	MOTION for Summary Judgment . Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties.(Dolinger, Samuel) (Entered: 05/09/2018)
2018-05-09	39	MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment . . Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Dolinger, Samuel) (Entered: 05/09/2018)
2018-05-09	40	DECLARATION of James V.M.L. Holzer in Support re: 38 MOTION for Summary Judgment .. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - Released Records, # 3 Exhibit C - Vaughn Index)(Dolinger, Samuel) (Entered: 05/09/2018)
2018-06-08	41	MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Llewellyn, Patrick) (Entered: 06/08/2018)
2018-06-08	42	MEMORANDUM OF LAW in Support re: 41 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . . Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Llewellyn, Patrick) (Entered: 06/08/2018)
2018-06-08	43	RULE 56.1 STATEMENT. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Llewellyn, Patrick) (Entered: 06/08/2018)
2018-06-08	44	DECLARATION of Jessica Vosburgh in Support re: 41 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment .. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Attachments: # 1 Exhibit 1 (CRCL FY 2015 Report), # 2 Exhibit 2 (Skipworth Expert Report), # 3 Exhibit 2 (continued) (Skipworth Expert Report))(Llewellyn, Patrick) (Entered: 06/08/2018)
2018-06-08	45	DECLARATION of Silky Shah in Support re: 41 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment .. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Llewellyn, Patrick) (Entered: 06/08/2018)
2018-06-26	46	CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 38 MOTION for Summary Judgment . addressed to Judge Gregory H. Woods from Samuel Dolinger dated 6/26/2018. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties.(Dolinger, Samuel) (Entered: 06/26/2018)
2018-06-26	47	ORDER granting 46 Letter Motion for Extension of Time to File Response/Reply. The Court adopts the parties' proposed deadlines. Defendants' combined reply in support of their motion for summary judgment and opposition to Plaintiffs' cross-motion is due no later than July 13, 2018. Plaintiffs' reply in support of their cross-motion for summary judgment is due no later than August 17, 2018. The Clerk of Court is directed to terminate the motion pending at Dkt. No. 46. Responses due by 7/13/2018 Replies due by 8/17/2018. (Signed by Judge Gregory H. Woods on 6/26/2018) (mro) (Entered: 06/27/2018)
2018-07-13	48	REPLY MEMORANDUM OF LAW in Support re: 38 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Dolinger, Samuel) (Entered: 07/13/2018)
2018-07-13	49	DECLARATION of James V.M.L. Holzer (Second) in Support re: 38 MOTION for Summary Judgment .. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Attachments: # 1 Exhibit A - Supplemental Release)(Dolinger, Samuel) (Entered: 07/13/2018)
2018-08-14	50	CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Gregory H. Woods from Patrick D. Llewellyn dated 8/14/2018. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Llewellyn, Patrick) (Entered: 08/14/2018)
2018-08-15	51	ORDER granting 50 Letter Motion for Leave to File Excess Pages. Application granted. Plaintiffs may file a reply brief that is no longer than 15 pages. The Clerk of Court is directed to close the motion at Dkt. No. 50. SO ORDERED. (Signed by Judge Gregory H. Woods on 8/15/2018) (anc) (Entered: 08/15/2018)
2018-08-17	52	REPLY MEMORANDUM OF LAW in Support re: 41 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . . Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Llewellyn, Patrick) (Entered: 08/17/2018)
2018-08-17	53	DECLARATION of Patrick D. Llewellyn in Support re: 41 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment .. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground. (Attachments: # 1 Exhibit 1 (Still Report), # 2 Exhibit 2 (Stern Report), # 3 Exhibit 3 (Appelbaum Report))(Llewellyn, Patrick) (Entered: 08/17/2018)
2018-12-27	54	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (jca) (Entered: 01/02/2019)
2018-12-27		Case Stayed (jca) (Entered: 01/14/2019)
2019-03-26	55	MEMORANDUM OPINION AND ORDER re: 38 MOTION for Summary Judgment filed by Office for Civil Rights and Civil Liberties, Department Of Homeland Security, 41 MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Detention Watch Network, Southerners on New Ground, Immigrant Defense Project, Adelante Alabama Worker Center, Greater Birmingham Ministries. For the reasons stated above, Defendants' motion for summary judgment is GRANTED IN PART and DENIED IN PART without prejudice. Plaintiff's cross-motion is GRANTED IN PART and DENIED IN PART without prejudice. Within one week of the date of this opinion and order, Defendants are directed to submit to the Court an unredacted version of the entirety of the Released Records. At present, the Court only expects to conduct in camera review of the Super-Recommendations Memo, but requests the entirety of the Released Records to facilitate future in camera review, should such review prove necessary. Defendants are further directed to re-review the Experts Reports, the November 2, 2012 memo, and Attachment C to the Released Records, consistent with this opinion, to release additional material as appropriate, and make corresponding updates to the Vaughn Index. Additionally, Defendants are directed to release the identities and professional backgrounds of the Experts. The Court will set a deadline for the additional release of records and service of the updated Vaughn Index by subsequent orderwhich it expects to issue after the Court rules on its in camera review of the Super-Recommendations Memo. Summary judgment is granted to the Defendants as to Attachment A to the Released Records. Released Records at 118-28. Defendants need not re-review either Attachment A, nor the Super-Recommendations Memo itself, nor update the Vaughn Index as to those materials. The Clerk of Court is directed to terminate the motions pending at Dkt. Nos. 38 and 41. (Signed by Judge Gregory H. Woods on 3/26/2019) (mro) (Entered: 03/27/2019)
2019-04-02	56	LETTER addressed to Judge Gregory H. Woods from Samuel Dolinger dated 4/2/2019 re: Submission of unredacted records for the Court's in camera review. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties.(Dolinger, Samuel) (Entered: 04/02/2019)
2019-04-03	57	MEMO ENDORSEMENT on re: 56 Letter, filed by Office for Civil Rights and Civil Liberties, Department Of Homeland Security. ENDORSEMENT: Application granted. There is adequate justification to overcome the presumption of public access to judicial documents with respect to the unredacted records given the nature of the disputed issues in this case. Upon receipt, the Court will place the second copy of the unredacted records under seal. SO ORDERED. (Signed by Judge Gregory H. Woods on 4/3/2019) (anc) (Entered: 04/03/2019)
2019-04-08	58	ORDER: Accordingly, Summary judgment is GRANTED to the Defendants as to the Super-Recommendations Memo. Having completed its in camera review, the Court directs the parties as follows. Defendants are directed to conduct their re- review, release additional materials, and serve its updated Vaughn Index on Plaintiff no later than May 7, 2019. The parties are further directed to confer, and, no later than May 17, 2019, submit to the Court a joint letter setting forth any areas of remaining disagreement. SO ORDERED. (Signed by Judge Gregory H. Woods on 17-9557) (anc) (Entered: 04/08/2019)
2019-05-17	59	JOINT LETTER addressed to Judge Gregory H. Woods from Patrick D. Llewellyn & Samuel Dolinger dated May 17, 2019 re: Status. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Llewellyn, Patrick) (Entered: 05/17/2019)
2019-05-20	60	MEMO ENDORSEMENT on re: 59 Letter, filed by Detention Watch Network, Southerners on New Ground, Immigrant Defense Project, Adelante Alabama Worker Center, Greater Birmingham Ministries. ENDORSEMENT: Application granted. The Court expects the parties to submit either the described joint status letter or a joint stipulation of dismissal, no later than June 21, 2019. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/20/2019) (mml) (Entered: 05/20/2019)
2019-06-21	61	JOINT LETTER addressed to Judge Gregory H. Woods from Patrick D. Llewellyn & Samuel Dolinger dated June 21, 2019 re: Status. Document filed by Adelante Alabama Worker Center, Detention Watch Network, Greater Birmingham Ministries, Immigrant Defense Project, Southerners on New Ground.(Llewellyn, Patrick) (Entered: 06/21/2019)
2019-06-24	62	MEMO ENDORSEMENT on re: 61 Letter, filed by Detention Watch Network, Southerners on New Ground, Immigrant Defense Project, Adelante Alabama Worker Center, Greater Birmingham Ministries. ENDORSEMENT: Application granted in part and denied in part. The Court declines to set a briefing schedule for any motion at this time. Instead, the Court expects the parties to submit, no later than July 19, 2019, either: (1) a joint stipulation of dismissal or a joint letter notifying the Court of a settlement in principal; or (2) a request for leave to file the anticipated motion along with a proposed briefing schedule. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/24/2019) (anc) (Entered: 06/25/2019)
2019-07-19	63	PROPOSED STIPULATION AND ORDER. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties. (Dolinger, Samuel) (Entered: 07/19/2019)
2019-07-19	64	JOINT LETTER addressed to Judge Gregory H. Woods dated 7/19/2019 re: submission of proposed stipulation and order. Document filed by Department Of Homeland Security, Office for Civil Rights and Civil Liberties.(Dolinger, Samuel) (Entered: 07/19/2019)
2019-07-22	65	STIPULATION OF SETTLEMENT AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, as follows: The records produced by Defendants, with redactions pursuant to 5 U.S.C. § 552(b), fully resolve and settle any and all claims Plaintiffs now have or may hereafter acquire against Defendants or the United States of America (the "United States"), or any department, agency, officer, or employee of the United States, related to or arising out of Plaintiffs' FOIA request at issue in this action. Defendants shall pay to counsel for Plaintiffs, Public Citizen Litigation Group, the sum of $42,000.00 (the "Settlement Amount") in attorney's fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept as full payment of any attorney's fees and costs Plaintiffs have incurred or will incur in this action or in connection with this action. Payment of the Settlement Amount shall be made by electronic funds transfer, and counsel for Plaintiffs will provide the necessary information to counsel for Defendants to effectuate the transfer; and as further set forth herein. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. As all remaining disputes have been fully resolved and settled, the Clerk of Court is directed to terminate this case. SO ORDERED. (Signed by Judge Gregory H. Woods on 7/20/2019) (anc) Transmission to Finance Unit (Cashiers) for processing. Modified on 7/23/2019 (anc). (Entered: 07/22/2019)
2019-07-24	66	SEALED DOCUMENT placed in vault.(rz) (Entered: 07/24/2019)
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