Case Detail

FOIA Project Annotation: A federal court in Washington has ruled that U.S. Immigration and Customs Enforcement failed to justify its claims under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records) in response to a request from the Human Rights Defense Center and Michelle Dillion for records concerning litigation against the agency in which the government paid $1,000 or more. For traffic-related claims, HRDC limited its request to those in which the government paid more than $50,000. The agency initially asked HRDC to narrow the scope of its request by type of litigation and timeframe. After Dillon declined to narrow the scope of the request, ICE denied the request, claiming it was too broad. HRDC filed suit and the agency agreed to process the request but redacted names, emails addresses, and phone numbers of ICE employees and other individuals contained in the records. District Court Judge Thomas Zilly concluded that the records were not protected by Exemption 6. He then turned to a discussion of whether the records qualified as law enforcement for purposes of Exemption 7. Finding that the settlement records qualified as law enforcement records, Zilly indicated that "the existence of the Settlement provides at least some evidence of wrongdoing on the part of the ICE employees named in the underlying case and Settlement" and observed that "there is a significant public interest in disclosing the identities of ICE employees, thereby allowing HRDC to assess whether the employees are repeat offenders, whether their conduct has resulted in other expenditures of public funds, or whether they are still employed by ICE." Zilly found Exemption 7(C) also did not apply. Zilly rejected HRDC's contention that ICE's failure to respond to its request in a timely manner was a clear violation of FOIA. Instead, Zilly pointed out that "any delay in issuing the decision was at least in part due to ICE's unsuccessful attempts to narrow the scope and timeline of HRDC's request." He explained that "the Court is unwilling to conclude that ICE's delays were unreasonable, let alone 'egregious.'" Zilly ruled in favor of HRDC on the matter of attorney's fees. He noted that "because Plaintiffs have 'substantially prevailed' in this matter by obtaining relief through this Order and ICE's change in position, the Court awards Plaintiffs their reasonable fees and costs."
Issues: Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Litigation - Attorney's fees - Prevailing party

Date Filed	Doc #	Docket Text
2018-08-03	1	COMPLAINT against defendant(s) U.S. Department of Homeland Security, United States Immigration and Customs Enforcement (Receipt # 0981-5421921), filed by The Human Rights Defense Center, Michelle Dillon. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons)(Stahl, Eric) (Entered: 08/03/2018)
2018-08-07		Judge Thomas S. Zilly added. (CDA) (Entered: 08/07/2018)
2018-08-07	2	Summons(es) Electronically Issued as to defendant(s) U.S. Department of Homeland Security, United States Immigration and Customs Enforcement (Main document - U S Dept of Homeland Security) (Attachments: # 1 Summons United States Immigration and Customs Enforcement)(CDA) (Entered: 08/07/2018)
2018-08-07	3	AMENDED COMPLAINT against defendant(s) U.S. Department of Homeland Security, United States Immigration and Customs Enforcement, filed by The Human Rights Defense Center, Michelle Dillon.(Stahl, Eric) (Entered: 08/07/2018)
2018-08-20	4	APPLICATION OF ATTORNEY Deborah M. Golden FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Michelle Dillon, The Human Rights Defense Center (Fee Paid) Receipt No. 0981-5440438 (Stahl, Eric) (Entered: 08/20/2018)
2018-08-20	5	ORDER re 4 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Deborah M Golden for Plaintiffs Michelle Dillon and for The Human Rights Defense Center, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (DS) (Entered: 08/20/2018)
2018-08-22	6	AFFIDAVIT of Service of Summons and Complaint on United States Immigration and Customs Enforcement on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/22/2018)
2018-08-22	7	AFFIDAVIT of Service of Summons and Complaint on U.S. Department of Homeland Security on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/22/2018)
2018-08-23	8	AFFIDAVIT of Mailing of Summons and Complaint to U.S. Department of Homeland Security on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/23/2018)
2018-08-23	9	AFFIDAVIT of Mailing of Summons and Complaint to United States Immigration and Customs Enforcement on 8/7/2018, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 08/23/2018)
2018-09-05	10	ORDER setting deadline for parties to file a Joint Status Report. Joint Status Report due by 12/4/2018. Signed by Judge Thomas S. Zilly. (PM) (Entered: 09/05/2018)
2018-09-06	11	NOTICE of Appearance by attorney Michelle R. Lambert on behalf of Defendants U.S. Department of Homeland Security, United States Immigration and Customs Enforcement. (Lambert, Michelle) (Entered: 09/06/2018)
2018-09-06	12	ANSWER to 3 Amended Complaint by U.S. Department of Homeland Security, United States Immigration and Customs Enforcement.(Lambert, Michelle) (Entered: 09/06/2018)
2018-11-15	13	NOTICE of Change of Address/Change of Name of Attorney Eric M Stahl. Filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 11/15/2018)
2018-11-30		Set/Reset Deadlines: Per telephonic request of counsel, the deadline for submission of a Joint Status Report is extended to 1/22/2019. (KD) (Entered: 11/30/2018)
2019-01-15	14	Unopposed MOTION to Stay Deadline for Submitting Joint Status Report , filed by Defendants US Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order) Noting Date 1/15/2019, (Lambert, Michelle) (Entered: 01/15/2019)
2019-01-22	15	MINUTE ORDER extending deadline for parties to submit a Joint Status Report to 3/1/2019; striking as moot defendants' 14 Motion to Stay. Authorized by Judge Thomas S. Zilly. (SWT) (Entered: 01/22/2019)
2019-02-28	16	Joint MOTION Regarding Joint Status Report , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Noting Date 2/28/2019, (Stahl, Eric) (Entered: 02/28/2019)
2019-03-01		The parties' stipulated motion, docket no. 16 , is GRANTED, and the deadline for the parties to submit a Joint Status Report is EXTENDED to March 15, 2019. (KK) (Entered: 03/01/2019)
2019-03-15	17	JOINT STATUS REPORT signed by all parties estimated Trial Days: 0. (Stahl, Eric) (Entered: 03/15/2019)
2019-04-10	18	MINUTE ORDER SETTING TRIAL DATE AND RELATED DATES by Judge Thomas S. Zilly: Length of Trial: *1 day*. Bench Trial is set for 12/2/2019 before Judge Thomas S. Zilly. Dispositive motions due by 9/12/2019, Motions in Limine due by 10/31/2019, Trial briefs and Agreed Pretrial Order to be submitted by 11/15/2019, Proposed Findings of Fact and Conclusions of Law to be submitted by 11/18/2019, Pretrial Conference set for 11/22/2019 at 01:30 PM in Courtroom 15206 before Judge Thomas S. Zilly.(MW) (Entered: 04/10/2019)
2019-09-03	19	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Deborah M Golden for Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 09/03/2019)
2019-09-05	20	Stipulated MOTION Regarding Case Status and Schedule , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Noting Date 9/5/2019, (Stahl, Eric) (Entered: 09/05/2019)
2019-09-11	21	MINUTE ORDER granting parties' 20 Stipulated Motion to Continue Trial Date and Related Dates, as follows: Bench Trial is set for 6/1/2020 at 9:00 AM in Courtroom 15206 before Judge Thomas S. Zilly . Dispositive motions due by 2/20/2020, Motions in Limine due by 4/30/2020, Pretrial Order due by 5/11/2020, Pretrial Conference set for 5/22/2020 at 1:30 PM in Courtroom 15206 before Judge Thomas S. Zilly. Trial briefs to be submitted by 5/11/2020, Proposed Findings of Fact and Conclusions of Law to be submitted by 5/15/2020. Authorized by Judge Thomas S. Zilly.(SWT) (Entered: 09/11/2019)
2019-11-25	22	APPLICATION OF ATTORNEY Masimba M. Mutamba FOR LEAVE TO APPEAR PRO HAC VICE for Plaintiffs Michelle Dillon, The Human Rights Defense Center (Fee Paid) Receipt No. 0981-6025129 (Stahl, Eric) (Entered: 11/25/2019)
2019-11-25	23	ORDER re 22 Application for Leave to Appear Pro Hac Vice. The Court ADMITS Attorney Masimba Mutamba for Michelle Dillon and The Human Rights Defense Center, by Clerk William M McCool. No document associated with this docket entry, text only. NOTE TO COUNSEL: Local counsel agrees to sign all filings and to be prepared to handle the matter, including the trial thereof, in the event the applicant is unable to be present on any date scheduled by the court, pursuant to LCR 83.1(d). (CDA) (Entered: 11/25/2019)
2020-01-31	24	NOTICE OF WITHDRAWAL OF COUNSEL: Attorney Masimba Mutamba for Plaintiffs Michelle Dillon, The Human Rights Defense Center. (Stahl, Eric) (Entered: 01/31/2020)
2020-02-14	25	STIPULATION AND PROPOSED ORDER for extension of trial and related deadlines by parties (Lambert, Michelle) (Entered: 02/14/2020)
2020-02-18	26	MINUTE ORDER: The parties' second stipulated motion, docket no. 25 , to continue the trial date and related deadlines is GRANTED. The trial date and related deadlines are CONTINUED as follows: Bench Trial (1 day) is set for 4/26/2021 before Judge Thomas S. Zilly. Plaintiffs' dispositive motion due by 12/18/2020, Defendants' consolidated cross-motion and response to Plaintiffs' motion due by 1/15/2021, Plaintiffs' consolidated response and reply due by 2/12/2021, Defendants' reply due by 2/26/2021. Plaintiffs' motion and defendants' cross-motion shall both be noted for 2/26/2021, Trial Briefs and Agreed Pretrial Order due by 4/12/2021, Proposed Findings of Fact and Conclusions of Law to be submitted by 4/12/2021, Pretrial Conference set for 4/16/2021 at 01:30 PM before Judge Thomas S. Zilly. Authorized by Judge Thomas S. Zilly. (MW) (Entered: 02/18/2020)
2020-12-15	27	Stipulated MOTION Regarding Case Status and Schedule , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Noting Date 12/15/2020, (Stahl, Eric) (Entered: 12/15/2020)
2020-12-16	28	MINUTE ORDER granting Parties' 27 Stipulation and Joint Motion Regarding Case Status and Schedule: The trial date set for 4/26/2021, and all related deadlines, see docket no. 26 , are hereby STRICKEN. Any dispositive motions shall be filed on or before Thursday, 2/18/2021, and shall be noted on the motions calendar no later than the fourth Friday thereafter. Authorized by Judge Thomas S. Zilly.(MW) (Entered: 12/16/2020)
2021-02-18	29	MOTION for Summary Judgment , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Oral Argument Requested. (Attachments: # 1 Proposed Order) Noting Date 3/12/2021, (Stahl, Eric) (Entered: 02/18/2021)
2021-02-18	30	DECLARATION of Eric M. Stahl filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center re 29 MOTION for Summary Judgment (Stahl, Eric) (Entered: 02/18/2021)
2021-02-18	31	DECLARATION of Paul Wright filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center re 29 MOTION for Summary Judgment (Stahl, Eric) (Entered: 02/18/2021)
2021-03-08	32	RESPONSE, by Defendants US Department of Homeland Security, US Immigration and Customs Enforcement, to 29 MOTION for Summary Judgment . (Lambert, Michelle) (Entered: 03/08/2021)
2021-03-08	33	DECLARATION of Michelle R. Lambert filed by Defendants US Department of Homeland Security, US Immigration and Customs Enforcement re 29 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1)(Lambert, Michelle) (Entered: 03/08/2021)
2021-03-08	34	DECLARATION of Fernando Pineiro filed by Defendants US Department of Homeland Security, US Immigration and Customs Enforcement re 29 MOTION for Summary Judgment (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8)(Lambert, Michelle) (Entered: 03/08/2021)
2021-03-12	35	REPLY, filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center, TO RESPONSE to 29 MOTION for Summary Judgment (Stahl, Eric) (Entered: 03/12/2021)
2021-04-06	36	ORDER: Plaintiffs' Motion, docket no. 29 , is GRANTED as to Plaintiffs' claim that Defendants violated FOIA by improperly withholding the names in the Settlement; Plaintiffs' Motion, docket no. 29 , is otherwise DENIED. The Court sua sponte GRANTS summary judgment in favor of Defendants as to Plaintiffs' claim that Defendants violated FOIA by failing to timely respond. This claim is DISMISSED with prejudice; The Court hereby declares that the redaction of names in the Settlement are subject to disclosure under FOIA; Defendants are hereby enjoined from withholding the redacted names and are ORDERED to produce the unredacted version of the Settlement to Plaintiffs within fourteen (14) days of this Order. See 5 U.S.C. § 552(a)(4)(B); Plaintiffs are awarded reasonable attorneys' fees and costs pursuant to 5 U.S.C. § 552(a)(4)(E), in an amount to be determined; Plaintiffs are DIRECTED to file any motion for attorneys' fees and costs within thirty (30) days of this Order. Signed by Judge Thomas S. Zilly.(MW) (Entered: 04/06/2021)
2021-04-08	37	MOTION to Stay Pending Appeal , filed by Defendants US Department of Homeland Security, US Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order) Noting Date 4/16/2021, (Lambert, Michelle) (Entered: 04/08/2021)
2021-04-14	38	Joint Stipulated MOTION Regarding Defendants' Motion to Stay Pending Appeal , filed by Plaintiffs Michelle Dillon, The Human Rights Defense Center. Noting Date 4/14/2021, (Stahl, Eric) (Entered: 04/14/2021)
2021-04-15	39	STIPULATION AND ORDER re Parties' 38 Stipulated Motion to Stay Pending Appeal: The Court hereby STAYS, until May 20, 2021, the portion of its Order dated April 6, 2021 (Dkt. No. 36 ) that requires Defendants to release an unredacted version of the "Settlement" referenced in the Order (Dkt. No. 34-8). The Court further DENIES AS MOOT Defendants' Motion for Stay Pending Appeal (Dkt. No. 37 ). signed by Judge Thomas S. Zilly.(MW) (Entered: 04/15/2021)
2021-04-23	40	Stipulated MOTION and [Proposed] Order for Extention of Deadline for Motion for Attorneys' Fees and Costs , filed by Defendants US Department of Homeland Security, US Immigration and Customs Enforcement. Noting Date 4/23/2021, (Lambert, Michelle) (Entered: 04/23/2021)
2021-04-23		The parties' stipulation, docket no. 40 , for an extension is GRANTED. Plaintiffs' motion for attorneys' fees and costs is due by May 27, 2021. (SRS) (Entered: 04/23/2021)
2021-05-26	41	Stipulated MOTION for Dismissal , filed by Defendants US Department of Homeland Security, US Immigration and Customs Enforcement. Noting Date 5/26/2021, (Lambert, Michelle) (Entered: 05/26/2021)
2021-05-28	42	STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Thomas S. Zilly. (MW) (Entered: 05/28/2021)
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