Case Detail

FOIA Project Annotation: A federal court in Massachusetts has ruled that U.S. Customs and Border Protection has not yet shown that it conducted an adequate search for records concerning the agency's decision to issue an expedited removal order for Mohammad Moradi, who upon arrival at Logan Airport in Boston was told by CBP agents that he was inadmissible under the Immigration and Nationality Act. Moradi submitted a FOIA request for records concerning the expedited removal order. The agency disclosed 30 pages in response to that request. Moradi sent a second FOIA request clarifying the scope of records he requested. In response to the second request, CBP disclosed 39 pages and a final production of 189 pages. Moradi challenged the agency's search. The court agreed, noting that "although the CBP's December 2, 2020, letter provided details for their subsequent searches for emails, the [agency's] affidavit did not provide details as to those searches or those of the earlier database searches. Accordingly, although the [agency's] affidavits sufficiently indicate what was searched and by whom, additional details regarding which search terms were utilized to conduct the searches and define the scope of the search are necessary for Defendants to meet their burden." Turning to the exemption claims, the court found the agency had failed to demonstrate that some records were deliberative under Exemption 5 (privileges) but accepted the agency's claims made under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods or techniques).
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2020-02-03	1	COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-8086932 (Fee Status: Filing Fee paid), filed by Mohammad Moradi. (Attachments: # 1 Exhibit Ex.1.MotionToRescind, # 2 Exhibit Ex.2.Denial.MotionToRescind, # 3 Exhibit Ex.2.FOIA.Request, # 4 Exhibit Ex.4.CBP.Acknowledgment)(Murray-Tjan, Laura) (Entered: 02/03/2020)
2020-02-03	2	Civil Cover Sheet & Category Sheet by Mohammad Moradi. (Attachments: # 1 CivilCategoryForm)(Murray-Tjan, Laura) (Entered: 02/03/2020)
2020-02-04	3	ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 02/04/2020)
2020-02-04	4	Summons Issued as to All Defendants. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Currie, Haley) (Entered: 02/04/2020)
2020-02-04	5	General Order 19-02, dated June 1, 2019 regarding Public Access to Immigration Cases Restricted by Federal Rule of Civil Procedure 5.2(c). (Currie, Haley) (Entered: 02/04/2020)
2020-02-07	6	SUMMONS Returned Executed as to US Attorney by Mohammad Moradi. All Defendants. (Murray-Tjan, Laura) (Entered: 02/07/2020)
2020-02-11	7	SUMMONS Returned Executed Mark A Morgan served on 2/10/2020, answer due 4/6/2020. (Murray-Tjan, Laura) (Entered: 02/11/2020)
2020-02-11	8	SUMMONS Returned Executed Chad Wolf served on 2/10/2020, answer due 4/6/2020. (Murray-Tjan, Laura) (Entered: 02/11/2020)
2020-02-11	9	SUMMONS Returned Executed Michael S. Denning served on 2/10/2020, answer due 4/6/2020. (Murray-Tjan, Laura) (Entered: 02/11/2020)
2020-02-11	10	SUMMONS Returned Executed Linda K. Brown served on 2/10/2020, answer due 4/6/2020. (Murray-Tjan, Laura) (Entered: 02/11/2020)
2020-02-21	11	SUMMONS Returned Executed by Mohammad Moradi. (Murray-Tjan, Laura) (Entered: 02/21/2020)
2020-03-04	12	NOTICE of Appearance by Jason C. Weida on behalf of Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf (Weida, Jason) (Entered: 03/04/2020)
2020-03-05	13	Assented to MOTION for Extension of Time to April 8, 2020 to File Answer re 1 Complaint, by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf.(Weida, Jason) (Entered: 03/05/2020)
2020-04-08	15	Assented to MOTION for Extension of Time to May 8, 2020 to File Answer re 1 Complaint, by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf.(Weida, Jason) (Entered: 04/08/2020)
2020-04-09	16	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 15 Motion for Extension of Time to Answer re 1 Complaint, All Defendants to 5/8/20. (Hourihan, Lisa) (Entered: 04/09/2020)
2020-06-08	17	Assented to MOTION for Extension of Time to June 26, 2020 to File Answer re 1 Complaint, by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf.(Weida, Jason) (Entered: 06/08/2020)
2020-06-09	18	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 17 Motion for Extension of Time to Answer re 1 Complaint, All Defendants to 6/26/20. (Hourihan, Lisa) (Entered: 06/09/2020)
2020-06-26	19	ANSWER to 1 Complaint, by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf.(Weida, Jason) (Entered: 06/26/2020)
2020-06-29	20	NOTICE of Scheduling Conference Scheduling Conference set for 7/27/2020 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 06/29/2020)
2020-06-29	21	Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 06/29/2020)
2020-07-21	22	JOINT STATEMENT re scheduling conference . (Weida, Jason) (Entered: 07/21/2020)
2020-07-21	23	CERTIFICATION pursuant to Local Rule 16.1 . (Weida, Jason) (Entered: 07/21/2020)
2020-07-22	24	NOTICE re: Scheduling Conference 7/27/20 This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on www.m ad.uscourts.gov or contact media@mad.uscourts.gov . (Hourihan, Lisa) (Entered: 07/22/2020)
2020-07-22	25	Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference(Hourihan, Lisa) (Entered: 07/22/2020)
2020-07-27	26	Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 7/27/2020. Defendants to file motion for summary judgment by 8/28/20. Plaintiff to file opposition and cross-motion for summary judgment by 10/5/20. Defendants to file Opposition to cross-motion for summary judgment by 11/6/20. Hearing set for 12/10/20 at 2:00PM. The movant for summary judgment shall serve electronically a Word version of their statement of undisputed facts on the non-movant when they file their motion for summary judgment and all supporting materials. When filing its opposition to the motion for summary judgment, the non-movant shall file a response to the movant's statement of undisputed facts that uses the Word document and responses to each of the movant's undisputed facts, paragraph by paragraph, and, if disputed, include page references to affidavits, depositions or other documents in the record. If the movant contends that there are separate disputed material facts, it may identify them in a separate section at the end of this document, paragraph by paragraph with page references to affidavits, depositions and other documents in the record. The non-movant shall file this document on ECF and shall serve it on the movant in an electronic Word document when the non-movant files its opposition. The movant may then respond to any separately identified disputed facts, using this Word document and responding to each of the movant's disputed facts, paragraph by paragraph with page references to the affidavits, depositions or other documents in the record and file same when it files its reply brief. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Laura Murray-Tjan for the plaintiff. Jason Weida for the defendants.) (Hourihan, Lisa) Modified on 7/27/2020 (Hourihan, Lisa). (Entered: 07/27/2020)
2020-07-27	27	ELECTRONIC NOTICE Setting Hearing on Motions for Summary Judgment. Motion Hearing set for 12/10/2020 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 07/27/2020)
2020-08-28	28	MOTION for Summary Judgment by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf.(Weida, Jason) (Entered: 08/28/2020)
2020-08-28	29	MEMORANDUM in Support re 28 MOTION for Summary Judgment and Combined Local Rule 56.1 Statement of Undisputed Facts filed by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf. (Weida, Jason) (Entered: 08/28/2020)
2020-08-28	30	DECLARATION re 28 MOTION for Summary Judgment Howard Declaration by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf. (Attachments: # 1 Vaughn Index)(Weida, Jason) (Entered: 08/28/2020)
2020-09-29	31	Consent MOTION for Extension of Time to 10/19/2020 to file Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by Mohammad Moradi.(Murray-Tjan, Laura) (Entered: 09/29/2020)
2020-10-07	32	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 31 Motion for Extension of Time to October 19, 2020 to file Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment. Defendants' to file their opposition to Mr. Moradi's motion by November 20, 2020. The 12/10/20 hearing date remains in place. (Hourihan, Lisa) (Entered: 10/07/2020)
2020-10-19	33	Cross MOTION for Summary Judgment by Mohammad Moradi.(Murray-Tjan, Laura) (Entered: 10/19/2020)
2020-10-19	34	MEMORANDUM in Support re 33 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Mohammad Moradi. (Attachments: # 1 Exhibit CRCL Complaint, # 2 Exhibit CRCL 2.13.2020 Letter, # 3 Exhibit CRCL 6.17.2020 Update, # 4 Exhibit 3.24.2020 Email to AUSA, # 5 Exhibit 3.26.2020 Email to AUSA, # 6 Exhibit 3.26.2020 FOIA Supplement)(Murray-Tjan, Laura) (Entered: 10/19/2020)
2020-10-19	35	Counter Statement of Material Facts L.R. 56.1 re 33 Cross MOTION for Summary Judgment filed by Mohammad Moradi. (Murray-Tjan, Laura) (Entered: 10/19/2020)
2020-10-19	36	Opposition re 28 MOTION for Summary Judgment specifically a Vaughn Index Response filed by Mohammad Moradi. (Attachments: # 1 Document A, # 2 Document B, # 3 Document C, # 4 Document D, # 5 Document E, # 6 Document F, # 7 Document G, # 8 Document H, # 9 Document I, # 10 Document J, # 11 Document K, # 12 Document L, # 13 Document M, # 14 Document N, # 15 Document O, # 16 Document P, # 17 Document Q, # 18 Document R)(Murray-Tjan, Laura) (Entered: 10/19/2020)
2020-11-20	37	MEMORANDUM in Opposition re 33 Cross MOTION for Summary Judgment filed by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weida, Jason) (Entered: 11/20/2020)
2020-12-01	38	REPLY to Response to 33 Cross MOTION for Summary Judgment filed by Mohammad Moradi. (Attachments: # 1 Exhibit Annotated Response to Defendants' Vaughn Index)(Murray-Tjan, Laura) (Entered: 12/01/2020)
2020-12-04	39	NOTICE by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf of CBP's Third Release of Documents to Plaintiff (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Weida, Jason) (Entered: 12/04/2020)
2020-12-04	40	NOTICE re 12/10/20 motion hearing This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the sessions courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: www.public.mad.uscourts.gov/seating-signup . For questions regarding access to hearings, you may refer to the Courts general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Hourihan, Lisa) (Entered: 12/04/2020)
2020-12-04	41	Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Videoconference (Hourihan, Lisa) (Entered: 12/04/2020)
2020-12-09	42	NOTICE by Mohammad Moradi re 39 Notice (Other) of Receipt of Defendants' Third Release and Second Vaughn Index and Plaintiff's Non-Exhaustive Response Thereto (Attachments: # 1 Exhibit Email 18)(Murray-Tjan, Laura) (Entered: 12/09/2020)
2020-12-10	43	Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 12/10/2020 re 28 MOTION for Summary Judgment filed by Linda K. Brown, Mark A Morgan, Chad Wolf, Michael S. Denning, 33 Cross MOTION for Summary Judgment filed by Mohammad Moradi by videoconference. Arguments. Court takes under advisement 28 Motion for Summary Judgment; takes under advisement 33 Motion for Summary Judgment. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Laura Murray-Tjan for the plaintiff. Jason Weida for the defendants.) (Hourihan, Lisa) (Entered: 12/11/2020)
2021-01-08	44	DECLARATION re 28 MOTION for Summary Judgment by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf. (Weida, Jason) (Entered: 01/08/2021)
2021-01-19	45	MOTION to Strike 44 Declaration Supplemental Declaration of Patrick Howard by Mohammad Moradi.(Murray-Tjan, Laura) (Entered: 01/19/2021)
2021-01-26	46	Opposition re 45 MOTION to Strike 44 Declaration Supplemental Declaration of Patrick Howard filed by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf. (Attachments: # 1 Exhibit A)(Weida, Jason) (Entered: 01/26/2021)
2021-01-28	47	REPLY to Response to 45 MOTION to Strike 44 Declaration Supplemental Declaration of Patrick Howard filed by Mohammad Moradi. (Murray-Tjan, Laura) (Entered: 01/28/2021)
2021-01-28	48	Consent MOTION for Leave to File Reply to Opposition to Motion to Strike by Mohammad Moradi.(Murray-Tjan, Laura) (Entered: 01/28/2021)
2021-03-22	49	Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - The Court DENIES Moradi's motion to strike, D. 45, ALLOWS in part and DENIES in part Defendants' motion for summary judgment without prejudice, D. 28, and DENIES Moradi's cross-motion for summary judgment without prejudice, D. 33. Defendants shall submit a supplemental affidavit as to adequacy of search, particularly addressing the search terms utilized to conduct these searches and the scope of searches, by April 22, 2021 . Also, by April 22, 2021 , Defendants shall supplement their Vaughn index as to the documents redacted or withheld solely on the basis of deliberative process under Exemption 5, D. 30-1 at 10 (listing "Memo to DFO from SCBPO_Redacted" as withheld under Exemption 5); D. 36-12, or produce these documents by April 22, 2021 , providing notice of same to the Court. (Hourihan, Lisa) (Entered: 03/22/2021)
2021-03-22	50	Judge Denise J. Casper: ELECTRONIC ORDER entered re: 48 Motion for Leave to File Document. Motion for leave to file reply is DENIED as moot in light of the Court's rulings, D. 49. (Hourihan, Lisa) (Entered: 03/22/2021)
2021-04-23	51	Assented to MOTION for Extension of Time to May 24, 2021 to File Response to Court Order by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf.(Weida, Jason) (Entered: 04/23/2021)
2021-04-26	52	Judge Denise J. Casper: ELECTRONIC ORDER entered granting 51 Motion for Extension of Time to May 24, 2021 to File Response to Court Order by Linda K. Brown, Michael S. Denning, Mark A Morgan, Chad Wolf. (Hourihan, Lisa) (Entered: 04/26/2021)
2021-05-14	53	Judge Denise J. Casper: ORDER entered. SETTLEMENT ORDER OF DISMISSAL (Hourihan, Lisa) (Entered: 05/14/2021)
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