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Case TitleContreras & Metelska, P.A. v. U.S. Immigration & Customs Enforcement (ICE) et al
DistrictDistrict of Minnesota
CityDMN
Case Number0:2021cv01148
Date Filed2021-05-04
Date Closed2023-11-06
JudgeChief Judge John R. Tunheim
PlaintiffContreras & Metelska, P.A.
Case DescriptionThe immigration law firm of Contreras & Metelska submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning emails sent by the Chief Counsel in the ICE Minneapolis-St. Paul Filed Office that mentions Contreras & Metelska or any of its employees. The agency acknowledged receipt of the request but after hearing nothing further from the agency the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Fee Category - Commercial, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Immigration & Customs Enforcement (ICE)
DefendantU.S. Department of Homeland Security (DHS)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [61]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-041COMPLAINT against U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE) (filing fee $ 402, receipt number AMNDC-8723414) filed by Contreras & Metelska, P.A.. Filer requests summons issued. (Attachments: # 1 Exhibit(s) FOIA Complaint (Exh. 1), # 2 Exhibit(s) FOIA Instructions (Exh. 2), # 3 Exhibit(s) Proof of Submission (Exh. 3), # 4 Civil Cover Sheet) (Ratkowski, Nicholas) Modified text on 5/4/2021 (MMP). (Entered: 05/04/2021)
2021-05-042TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Chief Judge John R. Tunheim per 3rd 4th Master list, referred to Magistrate Judge Tony N. Leung. Please use case number 21-cv-1148 (JRT/TNL). (MMP) (Entered: 05/04/2021)
2021-05-043Summons Issued as to U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (MMP) (Entered: 05/04/2021)
2021-05-044SUMMONS Returned Executed as to USA by Contreras & Metelska, P.A.. U.S. Department of Homeland Security (DHS) served on 5/4/2021, answer due 7/6/2021; U.S. Immigration & Customs Enforcement (ICE) served on 5/4/2021, answer due 7/6/2021. (Ratkowski, Nicholas) (Entered: 05/04/2021)
2021-06-045NOTICE of Appearance by Ana H Voss on behalf of U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Voss, Ana) (Entered: 06/04/2021)
2021-06-046ANSWER to Complaint filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Voss, Ana) (Entered: 06/04/2021)
2021-06-047NOTICE OF AND ORDER FOR PRETRIAL SCHEDULING CONFERENCE: Pretrial Conference set for 7/16/2021 at 10:00 AM in Judge's Chambers 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 6/4/2021. (Attachments: # 1 Consent Form) (HAM) (Entered: 06/04/2021)
2021-06-118(Text-Only) ORDER/NOTICE TO ATTORNEY. In recognition of the current efforts locally and nationally to protect persons from unnecessary potential exposure to COVID-19, the Pretrial Scheduling Conference in this case will be held by telephone. A call-in number will be provided by the Court. The parties are not required to conduct any applicable meet and confers in person. Ordered by Magistrate Judge Tony N. Leung on 6/11/2021. (HAM) (Entered: 06/11/2021)
2021-07-079REPORT of Rule 26(f) Planning Meeting. Filed by Contreras & Metelska, P.A.. Jointly Signed by Contreras & Metelska, P.A., U.S. Immigration & Customs Enforcement, and U.S. Department of Homeland Security.(Ratkowski, Nicholas) (Entered: 07/07/2021)
2021-07-1610Minute Entry for proceedings held before Magistrate Judge Tony N. Leung: Initial Pretrial Conference held on 7/16/2021. Pretrial scheduling order will be issued. (HAM) (Entered: 07/16/2021)
2021-07-1611PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 12/31/2021. Motions (non-disp) due 12/31/2021. Motions (disp) due by 2/1/2022. Signed by Magistrate Judge Tony N. Leung on 7/16/2021. (HAM) (Entered: 07/16/2021)
2021-07-1612ORDER FOR SETTLEMENT CONFERENCE: Confidential Letter to Court due by 1/4/2022. Settlement Conference set for 1/11/2022 at 09:30 AM in Courtroom 9W (MPLS) before Magistrate Judge Tony N. Leung. Signed by Magistrate Judge Tony N. Leung on 7/16/2021. (HAM) (Entered: 07/16/2021)
2021-08-0513(Text-Only) CLERK'S NOTICE OF REASSIGNMENT OF MAGISTRATE JUDGE. Due to the appointment of Magistrate Judge John F. Docherty, this case is reassigned to him. Magistrate Judge Tony N. Leung is no longer assigned to the case. NOTE: the new case number is 0:21-cv-01148-JRT-JFD . Please use this case number for all subsequent pleadings. Please contact Trisha Stahlmann, at 651-848-1186, for scheduling or other matters related to Magistrate Judge John F. Docherty. (JAT) (Entered: 08/05/2021)
2021-10-2014(Text-Only) NOTICE: Status Conference set for 11/12/2021 at 09:00 AM via Telephone Conference (no courtroom) before Magistrate Judge John F. Docherty. Chambers will provide call-in instructions. (TJS) Modified text on 10/21/2021 (TJS). (Entered: 10/20/2021)
2021-11-1215(Text-Only) Minute Entry for proceedings held before Magistrate Judge John F. Docherty: Status Conference held on 11/12/2021. Appearances: Nicholas Ratkowski, Ana Voss. (TJS) (Entered: 11/12/2021)
2021-12-2316REQUEST (JOINT) FOR MODIFICATION OF PRETRIAL SCHEDULING ORDER by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Voss, Ana) (Entered: 12/23/2021)
2021-12-2317PROPOSED ORDER TO JUDGE re 16 Request. (Voss, Ana) (Entered: 12/23/2021)
2021-12-2918AMENDED PRETRIAL SCHEDULING ORDER: Amended Pleadings due by 3/30/2022. Motions (non-disp) due 3/30/2022. Motions (disp) due by 5/11/2022. Signed by Magistrate Judge John F. Docherty on 12/29/2021.(TJS) (Entered: 12/29/2021)
2021-12-3019AMENDED ORDER FOR SETTLEMENT CONFERENCE: Joint update letter due 2/24/2022 . Status conference set for 3/10/2022 at 9:00 AM . Parties are directed to meet and confer by 3/28/2022 . Confidential Letter to Court due by 4/4/2022 . Settlement Conference set for 4/11/2022 at 09:30 AM before Magistrate Judge John F. Docherty. Signed by Magistrate Judge John F. Docherty on 12/30/2021.(TJS) (Entered: 12/30/2021)
2022-02-2820STIPULATION re 18 Order/Notice of Setting/Resetting Hearings/Deadlines, 19 Order/Notice of Setting/Resetting Hearings/Deadlines, by Contreras & Metelska, P.A.. Jointly Signed by U.S. Immigration & Customs Enforcement and U.S. Department of Homeland Security. (Ratkowski, Nicholas) (Entered: 02/28/2022)
2022-02-2821PROPOSED ORDER TO JUDGE re 20 Stipulation,. (Ratkowski, Nicholas) (Entered: 02/28/2022)
2022-03-0122SECOND AMENDED SCHEDULING ORDER on 20 Stipulation: Motions (non-disp) due 5/30/2022. Motions (disp) due by 7/11/2022. Signed by Magistrate Judge John F. Docherty on 3/1/2022.(TJS) (Entered: 03/01/2022)
2022-03-0123SECOND AMENDED ORDER FOR SETTLEMENT CONFERENCE: Joint update letter due by 8/29/2022 . Status conference set for 9/12/2022 at 9:30 AM . Parties are directed to meet and confer by 9/27/2022 Confidential Letter to Court due by 10/4/2022 . Settlement Conference set for 10/11/2022 at 10:00 AM in Courtroom 6A (STP) before Magistrate Judge John F. Docherty. Signed by Magistrate Judge John F. Docherty on 3/1/2022.(TJS) (Entered: 03/01/2022)
2022-03-3024MOTION to Alter/Amend/Correct Other Orders 23 Order/Notice of Setting/Resetting Hearings/Deadlines, 22 Scheduling Order filed by Contreras & Metelska, P.A.. (Ratkowski, Nicholas) (Entered: 03/30/2022)
2022-03-3025PROPOSED ORDER TO JUDGE re 24 MOTION to Alter/Amend/Correct Other Orders 23 Order/Notice of Setting/Resetting Hearings/Deadlines, 22 Scheduling Order filed by Contreras & Metelska, P.A..(Ratkowski, Nicholas) (Entered: 03/30/2022)
2022-03-3026THIRD AMENDED PRETRIAL SCHEDULING ORDER granting 24 motion to alter/amend/correct orders: Amended Pleadings due by 12/30/2022. Motions (non-disp) due 2/28/2023. Motions (disp) due by 4/11/2023. Signed by Magistrate Judge John F. Docherty on 3/30/2022.(TJS) (Entered: 03/30/2022)
2022-12-2927AMENDED COMPLAINT against U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). filed by Contreras & Metelska, P.A.. No summons requested. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4) (Ratkowski, Nicholas) (Entered: 12/29/2022)
2023-01-1228ANSWER to 27 Amended Complaint filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Voss, Ana) (Entered: 01/12/2023)
2023-03-2329(Text-Only) NOTICE: Status Conference set for 3/31/2023 at 09:30 AM via Zoom Audio Conference (no courtroom) before Magistrate Judge John F. Docherty.(TJS) (Entered: 03/23/2023)
2023-03-3130Minute Entry for proceedings held before Magistrate Judge John F. Docherty: Status Conference held on 3/31/2023. (TJS) (Entered: 03/31/2023)
2023-03-3131STIPULATION for Briefing Schedule by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). Jointly Signed by Contreras & Metelska, P.A.. (Voss, Ana) (Entered: 03/31/2023)
2023-03-3132PROPOSED ORDER TO JUDGE re 31 Stipulation. (Voss, Ana) (Entered: 03/31/2023)
2023-04-0633(Text-Only) ORDER approving 31 Stipulation for Briefing Schedule. See Stipulation for schedule. Ordered by Judge John R. Tunheim on 4/6/2023.(HMA) (Entered: 04/06/2023)
2023-04-2534MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Voss, Ana) (Entered: 04/25/2023)
2023-04-2535NOTICE OF HEARING ON MOTION 34 MOTION for Summary Judgment : Date and time to be determined. (Voss, Ana) (Entered: 04/25/2023)
2023-04-2536MEMORANDUM in Support re 34 MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Voss, Ana) (Entered: 04/25/2023)
2023-04-2537Declaration of Fernando Pineiro in Support of 34 MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Attachments: # 1 Exhibit(s), # 2 Exhibit(s))(Voss, Ana) (Entered: 04/25/2023)
2023-04-2538Declaration of Ana Voss in Support of 34 MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Attachments: # 1 Exhibit(s))(Voss, Ana) (Entered: 04/25/2023)
2023-05-2239Cross MOTION for Summary Judgment filed by Contreras & Metelska, P.A.. (Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-05-2240NOTICE OF HEARING ON MOTION 39 Cross MOTION for Summary Judgment : Date and time to be determined. (Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-05-2241PROPOSED ORDER TO JUDGE re 39 Cross MOTION for Summary Judgment filed by Contreras & Metelska, P.A..(Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-05-2242MEMORANDUM re 34 MOTION for Summary Judgment , 39 Cross MOTION for Summary Judgment filed by Contreras & Metelska, P.A.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-05-2243EXHIBIT List re 42 Memorandum, 39 Cross MOTION for Summary Judgment filed by Contreras & Metelska, P.A.. (Attachments: # 1 Exhibit(s) 1, # 2 Exhibit(s) 2, # 3 Exhibit(s) 3, # 4 Exhibit(s) 4, # 5 Exhibit(s) 5, # 6 Exhibit(s) 6)(Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-05-2244SEALED EXHIBIT 7 re 42 Memorandum, 39 Cross MOTION for Summary Judgment filed by Plaintiff.(Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-05-2245Redacted Document for 44 7 (redacted version of Sealed Exhibit 7) filed by Contreras & Metelska, P.A..(Ratkowski, Nicholas) (Entered: 05/22/2023)
2023-06-1346MEMORANDUM in Opposition re 39 Cross MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Voss, Ana) (Entered: 06/13/2023)
2023-06-1347DECLARATION of Fernando Pineiro, Jr. in Opposition to 39 Cross MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE).(Voss, Ana) (Entered: 06/13/2023)
2023-06-1348DECLARATION of Ana H. Voss in Opposition to 39 Cross MOTION for Summary Judgment filed by U.S. Department of Homeland Security (DHS), U.S. Immigration & Customs Enforcement (ICE). (Attachments: # 1 Exhibit(s) Exhibit D, # 2 Exhibit(s) Exhibit E)(Voss, Ana) (Entered: 06/13/2023)
2023-06-1949LETTER to Request Permission to Exceed Word/Line Limits . (Ratkowski, Nicholas) (Entered: 06/19/2023)
2023-06-2150(Text-Only) ORDER in Response to 49 Letter to Request Permission to Exceed Word/Line Limits. Permission granted. Plaintiff may use up to 2500 words for their reply. Ordered by Judge John R. Tunheim on 6/21/2023.(HMA) (Entered: 06/21/2023)
2023-06-2751MEMORANDUM re 50 Order in Response to Letter/Request/E-mail, 34 MOTION for Summary Judgment , 39 Cross MOTION for Summary Judgment filed by Contreras & Metelska, P.A.. (Attachments: # 1 LR7.1/LR72.2 Word Count Compliance Certificate)(Ratkowski, Nicholas) (Entered: 06/27/2023)
2023-06-2752EXHIBIT List (Supplemental) re 51 Memorandum, 39 Cross MOTION for Summary Judgment , 43 Exhibit, filed by Contreras & Metelska, P.A.. (Attachments: # 1 Exhibit(s) 8, # 2 Exhibit(s) 9)(Ratkowski, Nicholas) (Entered: 06/27/2023)
2023-07-2853(Text-Only) NOTICE of Non-Compliance with Local Rule 5.6 Filing Under Seal in Connection with Civil Motion Practice for 44 Exhibit filed by attorney Nicholas Ratkowski. Please file the Joint Motion on or before 8/4/2023 according to the rule. (TJS) (Entered: 07/28/2023)
2023-08-1054VACATED PER 57 ORDER: (Text-Only) ORDER/NOTICE TO ATTORNEY. No joint motion for continued sealing has been filed with regard to Dkt. No. 44. Therefore, this document should no longer be sealed. The Clerk is directed to unseal Dkt. No. 44 28 days after the issuance of this Order unless a timely motion for further consideration is filed pursuant to Local Rule 5.6(d)(3). Ordered by Magistrate Judge John F. Docherty on 8/10/2023.(TJS) Modified text on 8/15/2023 (kt). (Entered: 08/10/2023)
2023-08-1155JOINT MOTION REGARDING CONTINUED SEALING re 44 Exhibit filed by Contreras & Metelska, P.A.. (Ratkowski, Nicholas) (Entered: 08/11/2023)
2023-08-1156PROPOSED ORDER TO JUDGE re 55 JOINT MOTION REGARDING CONTINUED SEALING re 44 Exhibit filed by Contreras & Metelska, P.A..(Ratkowski, Nicholas) (Entered: 08/11/2023)
2023-08-1457ORDER granting 55 Joint Motion Regarding Continued Sealing. Permanent Sealing GRANTED for Document Number(s): 44. Order on continued sealing becomes final on 9/11/2023 unless further timely submissions are filed. Signed by Magistrate Judge John F. Docherty on 8/14/2023. (TJS) (Entered: 08/14/2023)
2023-08-2458AMENDED NOTICE of Hearing on Motion: 34 MOTION for Summary Judgment : Motion Hearing set for 9/22/2023 at 02:00 PM in Video Conference (no courtroom) before Judge John R. Tunheim. (Voss, Ana) (Entered: 08/24/2023)
2023-09-2259(Text-Only) MINUTE ENTRY for proceedings held before Judge John R. Tunheim on 9/22/2023: Oral Arguments Motion Hearing. Court Reporter: Kristine Mousseau Minneapolis Courthouse, Courtroom 14E Time: 3:12 PM 4:10 PM Total Time: 58 APPEARANCES: For Plaintiff(s): Nicholas Ratkowski For Defendant(s): Ana Voss PROCEEDINGS: Hearing on: 34 MOTION for Summary Judgment filed by U.S. Immigration & Customs Enforcement (ICE), U.S. Department of Homeland Security (DHS), 39 Cross MOTION for Summary Judgment filed by Contreras & Metelska, P.A.. Motions taken under advisement. Written order forthcoming. (HMA) (Entered: 09/25/2023)
2023-10-0660ORDER GRANTING IN CAMERA REVIEW IN PART Signed by Judge John R. Tunheim on 10/6/2023.(KKM) (Entered: 10/06/2023)
2023-11-0661MEMORANDUM OPINION AND ORDER ON CROSS MOTIONS FOR SUMMARY JUDGMENT granting 34 and denying 39 . (Written Opinion) Signed by Judge John R. Tunheim on 11/6/2023. (KKM) (Entered: 11/06/2023)
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