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Case TitleNational Immigrant Justice Center v. United States Department of Homeland Security et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2018cv04247
Date Filed2018-06-19
Date Closed2022-03-03
JudgeHonorable Robert M. Dow, Jr
PlaintiffNational Immigrant Justice Center
Case DescriptionThe National Immigrant Justice Center submitted a FOIA request to the Department of Homeland Security for records concerning enforcement and removal inspections for facilities housing more than 50 non-citizens in the custody of U.S. Immigration and Customs Enforcement. NIJC indicated that its request was to be considered ongoing. NIJC also requested a fee waiver. The agency acknowledged receipt of the request and invoked a 10-day extension. The agency also told NIJC that it was placed in non-commercial requester category for purposes of fees. After hearing nothing further from the agency, NIJC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-191COMPLAINT for Declaratory and Injunctive Relief filed by National Immigrant Justice Center; Filing fee $ 400, receipt number 0752-14602937. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Fifer, Samuel) (Entered: 06/19/2018)
2018-06-192CIVIL Cover Sheet (Fifer, Samuel) (Entered: 06/19/2018)
2018-06-19CASE ASSIGNED to the Honorable Sara L. Ellis. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (daj, ) (Entered: 06/19/2018)
2018-06-203NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP). The key features and deadlines are set forth in this Notice which includes a link to the (MIDP) Standing Order and a Checklist for use by the parties. In cases subject to the pilot, all parties must respond to the mandatory initial discovery requests set forth in the Standing Order before initiating any further discovery in this case. Please note: The discovery obligations in the Standing Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the following documents (Notice of Mandatory Initial Discovery and the Standing Order) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (pk, ) (Entered: 06/20/2018)
2018-07-054MINUTE entry before the Honorable Sara L. Ellis: The initial status conference in this matter is set for 9/4/2018 at 9:30AM. The parties are directed to review the procedures and requirements for this conference on Judge Ellis' web site and to submit the required Initial Status Report by 8/28/2018. Mailed notice (rj, ) (Entered: 07/05/2018)
2018-07-115ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Samuel Fifer (Fifer, Samuel) (Entered: 07/11/2018)
2018-07-116ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Stacey Elizabeth Petrek (Petrek, Stacey) (Entered: 07/11/2018)
2018-07-13SUMMONS Issued as to United States Department of Homeland Security, and U.S. Attorney(yt) (Entered: 07/13/2018)
2018-07-167ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by William Edward Walsh (Walsh, William) (Entered: 07/16/2018)
2018-07-16SUMMONS Issued as to United States Immigration and Customs Enforcement and U.S. Attorney General (pj, ) (Entered: 07/16/2018)
2018-07-188NOTIFICATION of Affiliates pursuant to Local Rule 3.2 by National Immigrant Justice Center (Fifer, Samuel) (Entered: 07/18/2018)
2018-08-069SUMMONS Returned Executed by National Immigrant Justice Center as to United States Department of Homeland Security served on 7/26/2018, answer due 9/24/2018 (Fifer, Samuel) (Entered: 08/06/2018)
2018-08-0610SUMMONS Returned Executed by National Immigrant Justice Center as to United States Immigration and Customs Enforcement served on 7/19/2018, answer due 9/17/2018 (Fifer, Samuel) (Entered: 08/06/2018)
2018-08-0911EXECUTIVE COMMITTEE ORDER: Case reassigned to the Honorable Robert M. Dow, Jr for all further proceedings, pursuant to Local Rule 40.4. Honorable Sara L. Ellis no longer assigned to the case. Signed by Executive Committee on 8/9/2018.(ph, ) (Entered: 08/10/2018)
2018-09-0412MINUTE entry before the Honorable Sara L. Ellis: Matter having been reassigned, status hearing set for 9/4/2018 is stricken. Mailed notice (mw, ) (Entered: 09/04/2018)
2018-12-2613GENERAL 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)
2019-01-0814MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 2/14/2019 at 09:00 a.m. to coordinate with 18-cv-4244. Mailed notice (cdh, ) (Entered: 01/08/2019)
2019-01-0815AMENDED 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)
2019-01-2816GENERAL 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)
2019-02-1417MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 4/9/2019 at 9:00 a.m. Updated status report due 4/5/2019. Mailed notice (cdh, ) (Entered: 02/14/2019)
2019-04-0918MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 5/14/2019 at 9:30 a.m. Mailed notice (cdh, ) (Entered: 04/10/2019)
2019-05-1419MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held on 5/14/2019. Joint status report is due 7/3/2019. Mailed notice (cdh, ) (Entered: 05/14/2019)
2019-10-0320MINUTE entry before the Brian Barnett Duff: Pursuant to the status report filed in Case No. 18-cv-4244, this case is set for status on October 10, 2019 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 10/03/2019)
2019-10-1021MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 12/11/2019 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 10/10/2019)
2019-12-1122MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued 2/26/2020 at 9:00 a.m. Mailed notice (cdh, ) (Entered: 12/12/2019)
2020-02-2623MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing held and continued to 4/15/2020 at 9:00 a.m. In the interest of efficient case management, the Court requests that counsel file on the docket no less than 3 business days before the next status hearing and all further status hearings a brief joint status report. Mailed notice (cdh, ) (Entered: 02/26/2020)
2020-03-1624ORDER 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. (td, ) (Entered: 03/16/2020)
2020-03-1625ORDER 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. (td, ) (Entered: 03/17/2020)
2020-03-3026ORDER 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. (docket12, ) (Entered: 03/31/2020)
2020-04-1327MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 4/15/2020 is stricken and reset to 5/7/2020 at 10:00 a.m. Joint status report is due by 5/5/2020. Mailed notice (cdh, ) (Entered: 04/13/2020)
2020-04-2428ORDER 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. (docket3, ) (Entered: 04/27/2020)
2020-05-0629MINUTE entry before the Honorable Robert M. Dow, Jr: Status hearing set for 5/7/2020 is reset to 6/15/2020 at 9:45 a.m. In the interest of efficient case management, the Court requests that counsel file on the docket no less than 3 business days before the next status hearing and all further status hearings a brief joint status report. Mailed notice (cdh, ) (Entered: 05/06/2020)
2020-05-2630ORDER 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. (docket3, ) (Entered: 05/26/2020)
2020-06-1231MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the revised joint status report 49 submitted in Case No. 18-cv-4244, status hearing in this case and the companion case set for 6/15/2020 is stricken and reset to 8/13/2020 at 9:30 a.m. Mailed notice (cdh, ) (Entered: 06/12/2020)
2020-07-1032ORDER 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. (Clerk2, Docket) (Entered: 07/10/2020)
2020-07-3033MINUTE entry before the Honorable Robert M. Dow, Jr: On the Court's own motion, the status hearing set for 8/13/2020 is stricken and a telephone conference is set for 8/17/2020 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Joint status report is due 8/12/2020. Mailed notice (cdh, ) (Entered: 07/30/2020)
2020-08-1734MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held and continued to 10/1/2020 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Joint status report due 9/28/2020. Mailed notice (cdh, ) (Entered: 08/17/2020)
2020-09-3035MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 54 filed in Case No. 18-cv-4244, the status hearing set for 10/1/2020 is stricken and reset to 11/23/2020 at 9:00 a.m. The status hearing will take place telephonically. Counsel should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Updated joint status report is due no later than 11/19/2020. Mailed notice (cdh, ) (Entered: 09/30/2020)
2020-11-2036MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 56 filed on 11/20/2020, the status hearing set for 11/23/2020 is stricken and reset to 1/20/2021 at 9:30 a.m. The status hearing will be held telephonically. Participants should use the Court's toll-free, call-in number 877-336-1829, passcode is 6963747. Emailed notice (cdh, ) (Entered: 11/20/2020)
2021-01-20ORAL MOTION by counsel to withdraw the appearance of Stacey Elizabeth Petrek. (rc, ) (Entered: 01/20/2021)
2021-01-2037ORDER: Telephone conference held. Counsel for Defendants did not appear. Parties are discussing the possibility of settlement. Joint status report is due by 3/5/2021. Counsel for Plaintiff's oral motion to withdraw the appearance of Stacey Elizabeth Petrek is granted. Signed by the Honorable Robert M. Dow, Jr on 1/20/2021: Mailed notice (rc, ) (Entered: 01/20/2021)
2021-06-2938MINUTE entry before the Honorable Robert M. Dow, Jr: The Court entered minute order 37 on 1/20/2021, requesting the parties to file a joint status BY 3/5/2021. As of 6/29/2021, no joint status report has been filed. The Court directs the parties to file a joint status report by 7/16/2021. Telephone conference is set for 7/21/2021 at 9:00 a.m. Emailed notice (cdh, ) (Entered: 06/29/2021)
2021-07-1439ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Kristen C. Rodriguez (Rodriguez, Kristen) (Entered: 07/14/2021)
2021-07-1540MOTION by Plaintiff National Immigrant Justice Center to withdraw Motion for Leave to Withdraw William E. Walsh as Counsel (Rodriguez, Kristen) (Entered: 07/15/2021)
2021-07-1641STATUS Report (Joint) by National Immigrant Justice Center (Rodriguez, Kristen) (Entered: 07/16/2021)
2021-07-2042MINUTE entry before the Honorable Robert M. Dow, Jr: Motion of Attorney William Walsh to withdraw as counsel for Plaintiff 40 is granted. Upon review of the joint status report 41 , the telephone status hearing set for 7/21/2021 at 9:00 a.m. will proceed as scheduled. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. Emailed notice (cdh, ) (Entered: 07/20/2021)
2021-07-2143MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held and continued to 8/27/2021 at 9:30 a.m. Joint status report due by 8/25/2021. Emailed notice (cdh, ) (Entered: 07/22/2021)
2021-08-2544STATUS Report (Joint) by National Immigrant Justice Center (Rodriguez, Kristen) (Entered: 08/25/2021)
2021-08-2645MINUTE entry before the Honorable Robert M. Dow, Jr: Upon review of the joint status report 44 advising that the parties anticipate executing their settlement agreement within the next 30 days, the status hearing set for 8/27/2021 is stricken and reset to 9/24/2021 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 08/26/2021)
2021-09-2446MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Counsel for Defendants did not appear. Counsel for plaintiff reports that the parties are still working on finalizing settlement. A further telephone conference is set for 11/5/2021 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 09/24/2021)
2021-11-0547MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held on 11/5/20212. Parties continue to work on finalizing settlement. A further status hearing is set for 12/21/2021 at 9:00 a.m. Participants should use the Court's toll-free, call-in number 877-336-1829. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed.Emailed notice (cdh, ) (Entered: 11/08/2021)
2021-12-2148MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Parties are still in the process of negotiating settlement. If at any time parties would like the assistance of Magistrate Judge Weisman they may contact the Courtroom Deputy at any time. A further telephone conference is set for 1/27/2022 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 12/21/2021)
2022-01-2749MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held. Parties are finalizing the settlement document(s). A further telephone conference is set for 2/17/2022 at 9:00 a.m. Participants should use the Court's toll-free call-in number 877-336-1829, conference access code is 6963747. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 01/27/2022)
2022-02-1750MINUTE entry before the Honorable Robert M. Dow, Jr: Telephone conference held and continued to 3/3/2022 at 9:00 a.m. If a stipulation of dismissal is filed prior to that date, the status hearing will be cancelled and the case will be closed. Emailed notice (cdh, ) (Entered: 02/17/2022)
2022-03-0251STIPULATION of Dismissal (Stipulation and Order of Settlement and Dismissal without Prejudice) (Rodriguez, Kristen) (Entered: 03/02/2022)
2022-03-0352MINUTE entry before the Honorable Robert M. Dow, Jr: In view of the stipulation and order of settlement and dismissal without prejudice 51 filed on 3/2/2022, this case is dismissed with prejudice according to the terms of the signed order that will be placed on the docket today. Telephone status hearing set for 3/3/2022 is stricken. Civil case terminated. Emailed notice (cdh, ) (Entered: 03/03/2022)
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