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Case TitleAmerican Civil Liberties Union of Arizona v. U.S. Immigration and Customs Enforcement et al
DistrictDistrict of Arizona
CityPhoenix Division
Case Number2:2018cv04821
Date Filed2018-12-19
Date Closed2020-12-16
JudgeJudge Dominic W Lanza
PlaintiffAmerican Civil Liberties Union of Arizona
Case DescriptionThe ACLU of Arizona submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning policies for contacts between local law enforcement and the agency's Law Enforcement Support Center. The ACLU of Arizona also requested a fee waiver. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the ACLU of Arizona filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantDepartment of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-191COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-16332040 filed by American Civil Liberties Union of Arizona. (Wulkan, Lawrence) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A)(BAR) (Entered: 12/20/2018)
2018-12-192Corporate Disclosure Statement by American Civil Liberties Union of Arizona. (Wulkan, Lawrence)(BAR) Modified on 12/20/2018 (BAR). (Entered: 12/20/2018)
2018-12-193Filing fee paid, receipt number 0970-16332040. This case has been assigned to the Honorable Dominic W Lanza. All future pleadings or documents should bear the correct case number: CV 18-04821-PHX-DWL. Notice of Availability of Magistrate Judge to Exercise Jurisdiction form attached. (BAR) (Entered: 12/20/2018)
2018-12-204NOTICE TO THE PARTIES - The Court is participating in the Mandatory Initial Discovery Pilot (MIDP) and this case is subject to that pilot. The key features and deadlines are set forth in the attached Notice which includes General Order 17-08. Also attached is a checklist for use by the parties. All parties must respond to the mandatory initial discovery requests set forth in the General Order before initiating any further discovery in this case. Please note: The discovery obligations in the General Order supersede the disclosures required by Rule 26(a)(1). Any party seeking affirmative relief must serve a copy of the attached documents (Notice to Parties, including General Order 17-08 and MIDP Checklist) on each new party when the Complaint, Counterclaim, Crossclaim, or Third-Party Complaint is served. (BAR) (Entered: 12/20/2018)
2018-12-215SCHEDULING ORDER: IT IS ORDERED that Defendant(s) shall serve an answer or otherwise plead within thirty (30) days after service, unless the Court otherwise directs for good cause shown. IT IS FURTHER ORDERED that the deadline for filing dispositive motions is four (4) months from the date the case is at issue [see attached Order for details]. Signed by Judge Dominic W Lanza on 12/21/18. (MAW) (Entered: 12/21/2018)
2019-01-166SUMMONS Submitted by American Civil Liberties Union of Arizona. (Wulkan, Lawrence) (Entered: 01/16/2019)
2019-01-177Summons Issued as to Department of Homeland Security. (BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 01/17/2019)
2019-01-248MOTION to Stay Due to Federal Government Shutdown by Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Lantka, Peter) (Entered: 01/24/2019)
2019-01-319NOTICE OF ATTORNEY SUBSTITUTION: Kristina L. Morrison appearing for Department of Homeland Security, U.S. Immigration and Customs Enforcement. Attorney Peter Michael Lantka terminated. . (Morrison, Kristina) (Entered: 01/31/2019)
2019-01-3110NOTICE re: Resumed Government Activity by Department of Homeland Security, U.S. Immigration and Customs Enforcement re: 8 MOTION to Stay Due to Federal Government Shutdown . (Morrison, Kristina) (Entered: 01/31/2019)
2019-02-0111ORDER: Having reviewed the government's "Notice of Resumed Government Activity" (Doc. 10 ), IT IS ORDERED denying the government's previously-filed "Motion for Stay of Case Due to Federal Government Shutdown" (Doc. 8 ) as moot. As discussed in the notice, the parties may, after meeting and conferring, submit a new proposed schedule. Until such a schedule is submitted and approved, however, the deadlines in the current scheduling order (Doc. 5 ) remain valid. Ordered by Judge Dominic W Lanza on 2/1/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 02/01/2019)
2019-02-2212ANSWER to 1 Complaint by Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Morrison, Kristina) (Entered: 02/22/2019)
2019-03-2513NOTICE of Service of Responses to Mandatory Initial Discovery (MIDP) filed by Plaintiff American Civil Liberties Union of Arizona. (Wulkan, Lawrence) (Entered: 03/25/2019)
2019-05-2114NOTICE of Attorney Withdrawal William B. Peard filed by Kathleen E Brody. (Brody, Kathleen) (Entered: 05/21/2019)
2019-06-1715STATUS REPORT (Joint) by Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Morrison, Kristina) (Entered: 06/17/2019)
2019-06-2016ORDER: The Court construes the parties' request -- buried in their joint status report (Doc. 15 ) -- as a motion to continue and grants the motion. Accordingly, IT IS ORDERED that a status conference shall be held on August 30, 2019 at 11:00 a.m. in Courtroom 601. Ordered by Judge Dominic W Lanza on 6/20/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 06/20/2019)
2019-06-2417NOTICE OF ATTORNEY'S CHANGE OF ADDRESS/FIRM NAME by Lawrence J Wulkan. (Wulkan, Lawrence) (Entered: 06/24/2019)
2019-06-2418NOTICE of Attorney Withdrawal David C. Onuschak filed by Lawrence J Wulkan. (Wulkan, Lawrence) (Entered: 06/24/2019)
2019-07-1519NOTICE of Appearance by Martin Lieberman on behalf of American Civil Liberties Union of Arizona. (Lieberman, Martin) (Entered: 07/15/2019)
2019-07-1520NOTICE of Attorney Withdrawal Kathleen E. Brody filed by Martin Lieberman. (Lieberman, Martin) (Entered: 07/15/2019)
2019-08-2121STATUS REPORT (Joint) by Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Morrison, Kristina) (Entered: 08/21/2019)
2019-08-3022MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Status Conference held on 8/30/2019. The Court has reviewed the parties' Joint Status Reports (Docs. 15 and 21 ). Plaintiff's counsel advises the Court that there has been a request for six broad category of documents, and Defendants have made five productions at this point. Counsel are still consulting in order to possibly narrow the scope of categories for production. Counsel request that another status conference be set in 60 days. Discussion held. The Court will schedule another status conference in this matter. LATER: IT IS ORDERED setting Status Conference on October 28, 2019, at 10:45 a.m. APPEARANCES: Lawrence Wulkan for Plaintiff. Kristina Morrison for Defendants. (Court Reporter Candy Potter) Hearing held 11:02 AM to 11:09 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/30/2019)
2019-10-2423First MOTION to Continue Status Conference set for October 28, 2019 by Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Text of Proposed Order)(Morrison, Kristina) (Entered: 10/24/2019)
2019-10-2424ORDER: IT IS ORDERED that the parties' motion to continue (Doc. 23 ) is granted. The October 28, 2019 status conference is reset to March 2, 2020 at 11:00 a.m. Ordered by Judge Dominic W Lanza on 10/24/19. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 10/24/2019)
2019-12-0425NOTICE of Appearance by Molly Patricia Brizgys on behalf of American Civil Liberties Union of Arizona. (Brizgys, Molly) (Entered: 12/04/2019)
2019-12-0426NOTICE of Attorney Withdrawal Marty Lieberman filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 12/04/2019)
2019-12-0627MINUTE ORDER: On the Court's own motion due to a scheduling conflict, Status Conference is re-set IN TIME ONLY from 11:00 AM to 11:30 AM on 3/2/2020 before Judge Dominic W Lanza. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 12/06/2019)
2020-01-2128NOTICE of Attorney Withdrawal Molly Brizgys filed by Molly Patricia Brizgys. (Brizgys, Molly) (Entered: 01/21/2020)
2020-01-2129NOTICE of Appearance by Casey Arellano on behalf of American Civil Liberties Union of Arizona. (Arellano, Casey) (Entered: 01/21/2020)
2020-02-2830Joint MOTION to Continue Status Conference by American Civil Liberties Union of Arizona. (Attachments: # 1 Text of Proposed Order)(Arellano, Casey) (Entered: 02/28/2020)
2020-02-2831ORDER: IT IS ORDERED granting the parties' Motion to Continue Status Conference (Doc. 30 ). IT IS FURTHER ORDERED continuing Status Conference from 3/2/2020 to 5/4/2020 at 10:45 AM . Ordered by Judge Dominic W Lanza on 2/28/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 02/28/2020)
2020-04-2132ORDER: On the Court's own Motion, Status Conference is re-set from 5/4/2020 to 6/1/2020 at 10:30 AM before Judge Dominic W Lanza. Ordered by Judge Dominic W Lanza on 4/21/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 04/21/2020)
2020-05-2633ORDER: On the Court's own motion, IT IS ORDERED resetting the Status Conference currently set on June 1, 2020, to June 2, 2020, at 2:00 p.m. Counsel are advised this Status Conference will be held telephonically. Counsel are not to appear in person. Counsel are directed to call (866) 390-1828; Access code: 9667260 five minutes prior to the scheduled hearing. Counsel are advised that speaker phones are not permitted. Ordered by Judge Dominic W Lanza on 5/26/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 05/26/2020)
2020-06-0234*AMENDED by Doc. 35 * MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 6/2/2020. The Court is advised that counsel have conferred recently regarding additional production of documents. Counsel request an 90 day continuance to allow Defense counsel to produce the remaining information. Discussion held. IT IS ORDERED setting Status Conference on September 14, 2020, at 11:00 a.m. at which time the Court will discuss setting a briefing schedule. (Court Reporter Candy Potter) Hearing held 2:03 PM to 2:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) Modified on 6/2/2020 (MAW). (Entered: 06/02/2020)
2020-06-0235AMENDED MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Amending Doc. 34 MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 6/2/2020. The Court is advised that counsel have conferred recently regarding additional production of documents. Counsel request an 90 day continuance to allow Defense counsel to produce the remaining information. Discussion held. IT IS ORDERED setting Status Conference on September 14, 2020, at 11:00 a.m. at which time the Court will discuss setting a briefing schedule. APPEARANCES: Casey Arellano, Brandon Nagy and Lawrence Wulkan (all appearing telephonically) for Plaintiff. Kristina Morrison (appearing telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 2:03 PM to 2:08 PM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) Reason for Amendment: to reflect counsels' appearances. (Entered: 06/02/2020)
2020-08-1836ORDER: Counsel are advised that the Status Conference set on 9/14/2020 at 11:00 a.m. will be held telephonically. Counsel are not to appear in person. Counsel are directed to call (866) 390-1828; Access code: 9667260. Counsel are advised that speaker phones are not permitted. Ordered by Judge Dominic W Lanza on 8/18/20. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 08/18/2020)
2020-09-1437MINUTE ENTRY for proceedings held before Judge Dominic W Lanza: Telephonic Status Conference held on 9/14/2020. At the hearing held on June 2, 2020 (Doc. 35 ) the Court set this status conference to discuss setting a briefing schedule. Counsel address the Court regarding the status of the case. IT IS ORDERED directing to counsel to file no later than October 14, 2020, either a notice of settlement or a notice of the remaining disputed issues and set forth a proposed briefing schedule. APPEARANCES: Casey Arellano and Lawrence Wulkan (both appearing telephonically) for Plaintiff. Kristina Morrison (telephonically) for Defendant. (Court Reporter Candy Potter) Hearing held 10:58 AM to 11:06 AM. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAW) (Entered: 09/14/2020)
2020-10-1338NOTICE re: JOINT NOTICE OF REMAINING ISSUE AND PROPOSED BRIEFING SCHEDULE by Department of Homeland Security, U.S. Immigration and Customs Enforcement . (Morrison, Kristina) (Entered: 10/13/2020)
2020-10-1939ORDER: The Court having received notice that this case has settled (Doc. 38 ), IT IS ORDERED that the Clerk of Court shall, without further notice, DISMISS this entire case on December 11, 2020, and shall enter judgment accordingly, unless prior thereto a party files a request for reinstatement on the Court's trial calendar.IT IS FURTHER ORDERED that all deadlines and hearings are vacated, except for those deadlines established in this order, and that all pending motions are denied as moot. IT IS FURTHER ORDERED that the Court will retain jurisdiction, after this case is dismissed, to resolve the remaining issue of attorneys' fees, if necessary. The parties are encouraged to continue discussing whether this issue can be settled. Otherwise, Plaintiff's motion for fees will be due by December 11, 2020 , Defendants' response by January 15, 2021 , and Plaintiff's reply by January 29, 2021 . Signed by Judge Dominic W Lanza on 10/19/20. (MAW) (Entered: 10/19/2020)
2020-12-1640CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's order filed October 19, 2020, and the Notice of Settlement, the complaint and action are dismissed. (SLQ) (Entered: 12/16/2020)
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