| Date Filed | Doc # | Docket Text |
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| 2020-09-29 | 1 | COMPLAINT against United States Citizenship and Immigration Services Filing fee: $ 400, receipt number 0101-8439274 (Fee Status: Filing Fee paid), filed by Lawyers for Civil Rights. (Attachments: # 1 Exhibit A - Draft Regulation, # 2 Exhibit B - FOIA Request, # 3 Exhibit C - Automatic Reply, # 4 Exhibit D - Acknowledgment Email, # 5 Exhibit E - Emails, # 6 Civil Cover Sheet, # 7 Category Form)(Manganaro, Kevin) (Entered: 09/29/2020) |
| 2020-09-29 | 2 | ELECTRONIC NOTICE of Case Assignment. Judge Douglas P. Woodlock 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 Marianne B. Bowler. (Finn, Mary) (Entered: 09/29/2020) |
| 2020-09-29 | 3 | 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. (Vieira, Leonardo) (Entered: 09/29/2020) |
| 2020-09-30 | 4 | NOTICE of Appearance by Lauren A. Sampson on behalf of Lawyers for Civil Rights (Sampson, Lauren) (Entered: 09/30/2020) |
| 2020-10-02 | 5 | NOTICE of Appearance by Marissa I. Delinks on behalf of Lawyers for Civil Rights (Delinks, Marissa) (Entered: 10/02/2020) |
| 2020-11-16 | 6 | SUMMONS Returned Executed as to US Attorney by Lawyers for Civil Rights. United States Citizenship and Immigration Services served on 10/5/2020, answer due 12/4/2020. (Attachments: # 1 Exhibit B - USPS US Attorney Info)(Manganaro, Kevin) (Entered: 11/16/2020) |
| 2020-11-16 | 7 | SUMMONS Returned Executed by Lawyers for Civil Rights. (Attachments: # 1 Exhibit A - USPS USCIS Info, # 2 Exhibit C - USPS Attorney General Info)(Manganaro, Kevin) (Entered: 11/16/2020) |
| 2020-11-17 | 8 | NOTICE of Appearance by Erin E. Brizius on behalf of United States Citizenship and Immigration Services (Brizius, Erin) (Entered: 11/17/2020) |
| 2020-11-19 | 9 | Assented to MOTION for Extension of Time to December 4, 2020 to File Answer by United States Citizenship and Immigration Services.(Brizius, Erin) (Entered: 11/19/2020) |
| 2020-11-20 | 10 | Judge Douglas P. Woodlock: ORDER granting 9 Assented to Motion for Extension of Time to File a Responsive Pleading until 12/4/2020. (Beatty, Barbara) (Entered: 11/20/2020) |
| 2020-12-04 | 11 | ANSWER to 1 Complaint, by United States Citizenship and Immigration Services.(Brizius, Erin) (Entered: 12/04/2020) |
| 2021-02-26 | 12 | NOTICE OF SCHEDULING CONFERENCE: 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 session's 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 Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Scheduling Conference is SCHEDULED for 4/1/2021 at 2:10 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 02/26/2021) |
| 2021-03-25 | 13 | JOINT STATEMENT re scheduling conference . (Manganaro, Kevin) (Entered: 03/25/2021) |
| 2021-03-25 | 14 | CERTIFICATION pursuant to Local Rule 16.1 . (Brizius, Erin) (Entered: 03/25/2021) |
| 2021-03-30 | 15 | Judge Douglas P. Woodlock: ORDER - Upon review of the Joint Statement 13 filed by the Parties, the Scheduling Conference is RESCHEDULED until 5/21/2021 at 2:10 p.m. in Remote Proceeding : Boston. The parties shall file a Joint Status Report no later than May 17, 2021, to include a further scheduling proposal. (Beatty, Barbara) (Entered: 03/30/2021) |
| 2021-05-11 | 16 | STATUS REPORT (Joint) by Lawyers for Civil Rights. (Manganaro, Kevin) (Entered: 05/11/2021) |
| 2021-05-17 | 17 | Judge Douglas P. Woodlock: SCHEDULING ORDER - In light of the Joint Status Report 16 filed by the parties, the Court hereby ADOPTS the Scheduling Order proposed and sets the following briefing schedule: 1) USCIS to file Motion for Partial Summary Judgment by June 16, 2021; 2) LCR to file Opposition & Motion for Partial Summary Judgment by July 16, 2021; and 3) USCIS to file Opposition to LCRs Motion for Partial Summary Judgment by August 6, 2021. The Scheduling Conference presently scheduled for 5/21/2021 is hereby CANCELED.(Beatty, Barbara) (Entered: 05/17/2021) |
| 2021-06-16 | 18 | MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT by United States Citizenship and Immigration Services.(Brizius, Erin) (Entered: 06/16/2021) |
| 2021-06-16 | 19 | MEMORANDUM in Support re 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT filed by United States Citizenship and Immigration Services. (Brizius, Erin) (Entered: 06/16/2021) |
| 2021-06-16 | 20 | Statement of Material Facts L.R. 56.1 re 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit A_Declaration, # 2 Exhibit A_FOIA Request, # 3 Exhibit B_January 31, 2019 Email, # 4 Exhibit C_May to August 2019 Email Exchanges, # 5 Exhibit D_April 12, 2021 Renaud Letter, # 6 Exhibit E_Vaughn Index)(Brizius, Erin) (Entered: 06/16/2021) |
| 2021-07-16 | 21 | MOTION for Partial Summary Judgment by Lawyers for Civil Rights.(Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-07-16 | 22 | MEMORANDUM in Support re 21 MOTION for Partial Summary Judgment filed by Lawyers for Civil Rights. (Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-07-16 | 23 | AFFIDAVIT in Support re 21 MOTION for Partial Summary Judgment . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-07-16 | 24 | AFFIDAVIT in Support re 21 MOTION for Partial Summary Judgment . (Attachments: # 1 Exhibit A)(Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-07-16 | 25 | STATEMENT of facts re 21 MOTION for Partial Summary Judgment . (Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-07-16 | 26 | Opposition re 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT filed by Lawyers for Civil Rights. (Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-07-16 | 27 | RESPONSE to Motion re 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT Statement of Material Facts filed by Lawyers for Civil Rights. (Manganaro, Kevin) (Entered: 07/16/2021) |
| 2021-08-06 | 28 | Opposition re 21 MOTION for Partial Summary Judgment filed by United States Citizenship and Immigration Services. (Attachments: # 1 Exhibit 1: Piateski Decl., # 2 Exhibit 2: Supplemental Vaughn Index)(Brizius, Erin) (Entered: 08/06/2021) |
| 2021-08-06 | 29 | Response by United States Citizenship and Immigration Services to 25 Statement of facts . (Brizius, Erin) (Entered: 08/06/2021) |
| 2021-09-03 | 30 | MOTION for Leave to File Reply in Support of Motion for Partial Summary Judgment by Lawyers for Civil Rights. (Attachments: # 1 Exhibit A - Reply)(Manganaro, Kevin) (Entered: 09/03/2021) |
| 2021-09-08 | 31 | Judge Douglas P. Woodlock: ELECTRONIC ORDER entered granting 30 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (McManus, Caetlin) (Entered: 09/08/2021) |
| 2021-09-08 | 32 | REPLY to Response to 21 MOTION for Partial Summary Judgment (Leave to File Granted September 8, 2021) filed by Lawyers for Civil Rights. (Manganaro, Kevin) (Entered: 09/08/2021) |
| 2022-05-11 | 33 | NOTICE OF MOTION HEARING - Hearing on Motion 21 for Partial Summary Judgment and 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT : 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 session's 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 Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Motion Hearing is SCHEDULED for 6/22/2022 at 2:00 p.m. in Remote Proceeding : Boston before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 05/11/2022) |
| 2022-06-17 | 34 | NOTICE RESCHEDULING HEARING TO BE HELD IN-PERSON - Hearing on Motion 21 MOTION for Partial Summary Judgment and 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT is SCHEDULED for 6/22/2022 at 2:00 p.m. in Courtroom 1 (In person only) before Judge Douglas P. Woodlock. (Beatty, Barbara) (Entered: 06/17/2022) |
| 2022-06-22 | 36 | Clerk Notes for Motion Hearing held before Douglas P. Woodlock. Court discusses impact, if any, of Arizona v. City and County of San Francisco, California, 2022 WL 2135493 (U.S. June 15, 2022). Counsel address concerns raised by the Court in regards to the pending motions for summary judgment 18 21 . No later than 7/6/2022, 1) Regarding Exemption 5, the Plaintiff shall provide a list of specific information needed to challenge withholdings under the Vaughn index; 2) Parties shall provide the materials that have been disclosed in Bates form and provide the proper correlations; and 3) Parties to submit any further argument regarding the deliberative process and attorney client privilege.(Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Manganaro, AUSA Brizius) (Beatty, Barbara) (Entered: 06/27/2022) |
| 2022-06-23 | 35 | NOTICE by United States Citizenship and Immigration Services of Filing (Attachments: # 1 First Production, # 2 Second Production (Part 1 of 2), # 3 Second Production (Part 2 of 2), # 4 Third Production, # 5 Fourth Production (Part 1 of 2), # 6 Fourth Production (Part 2 of 2))(Brizius, Erin) (Entered: 06/23/2022) |
| 2022-07-06 | 37 | Supplemental MEMORANDUM in Support re 21 MOTION for Partial Summary Judgment filed by Lawyers for Civil Rights. (Manganaro, Kevin) (Entered: 07/06/2022) |
| 2022-07-11 | 38 | Transcript of Motion Hearing held on June 22, 2022, before Judge Douglas P. Woodlock. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kristin Kelley at kmob929@gmail.com. Redaction Request due 8/1/2022. Redacted Transcript Deadline set for 8/11/2022. Release of Transcript Restriction set for 10/11/2022. (Coppola, Katelyn) (Entered: 07/18/2022) |
| 2022-07-11 | 39 | NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 07/18/2022) |
| 2023-06-01 | 40 | ELECTRONIC NOTICE of Case RE-Assignment of the Magistrate Judge. 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 Paul G. Levenson. (Finn, Mary) (Entered: 06/01/2023) |
| 2023-06-20 | 41 | NOTICE of Appearance by Rayford A. Farquhar on behalf of United States Citizenship and Immigration Services (Farquhar, Rayford) (Entered: 06/20/2023) |
| 2023-06-20 | 42 | NOTICE of Withdrawal of Appearance by Erin E. Brizius (Brizius, Erin) (Entered: 06/20/2023) |
| 2023-06-23 | 43 | Judge Douglas P. Woodlock: ELECTRONIC ORDER entered. REFERRING CASE to Magistrate Judge Paul G. Levenson Referred for: Report and Recommendations (rr). Motions referred: 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT , 21 MOTION for Partial Summary Judgment . (McManus, Caetlin) Motions referred to Paul G. Levenson. (Entered: 06/23/2023) |
| 2023-06-28 | 44 | ELECTRONIC NOTICE of Reassignment. Judge Richard G. Stearns added. Judge Douglas P. Woodlock no longer assigned to case. Case redrawn according to Local Rule 40.1(i)(1). (Danieli, Chris) (Entered: 06/28/2023) |
| 2023-08-14 | 45 | Magistrate Judge Paul G. Levenson: ORDER entered. REPORT AND RECOMMENDATIONS 18 MOTION for Summary Judgment PARTIAL SUMMARY JUDGMENT filed by United States Citizenship and Immigration Services and 21 MOTION for Partial Summary Judgment filed by Lawyers for Civil Rights. Objections to R&R due by 8/28/2023. The Court recommends GRANTING in part and DENYING in part each partys motions, as follows: (1) Defendant USCIS properly invokes Exemption 5, deliberative process privilege, and is entitled to summary judgment with respect to items 1, 2, 3, 4, 5, 6, 7, 16, 17, and 22. [Items 3, 6, 16, and 17 are also protected by the attorney-client privilege.] (2) Plaintiff LCR is entitled to summary judgment with respect to USCISs claim of deliberative process privilege for items 8, 9, 10, 11, 12, 13, 14, 15, 18, 19, 20, and 21. [Items 8, 13, and 14, are nevertheless protected under the attorney-client privilege.] (3) Defendant USCIS properly invokes Exemption 5, attorney-client privilege, and is entitled to summary judgment with respect to items 3, 6, 8, 13, 14, 16, and 17. (4) Plaintiff LCR is entitled to summary judgment with respect to USCISs invocation of Exemption 6 for items 3, 6, 23, and 24. [Items 3 and 6 are nevertheless subject to Exemption 5.] (Dumoulin, Rose) (Entered: 08/14/2023) |
| 2023-08-28 | 46 | Assented to MOTION for Extension of Time to 09/15/2023 to to object, if necessary, to the Report and Recommendation by United States Citizenship and Immigration Services.(Farquhar, Rayford) (Entered: 08/28/2023) |
| 2023-08-29 | 47 | Magistrate Judge Paul G. Levenson: ELECTRONIC ORDER entered granting 46 Motion for Extension of Time to 09/15/2023 (Dumoulin, Rose) (Entered: 08/29/2023) |
| 2023-09-16 | 48 | Judge Richard G. Stearns: ORDER entered adopting Report and Recommendations re 45 Report and Recommendations. (Zierk, Marsha) (Entered: 09/16/2023) |
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