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Case TitleAmerican Federation Of Government Employees Local 527 v. U.S. Immigration and Customs Enforcement
DistrictSouthern District of Florida
CityMiami
Case Number1:2021cv21992
Date Filed2021-05-27
Date Closed2024-03-18
JudgeChief Judge K. Michael Moore
PlaintiffAmerican federationof Government Employees Local 527
Case DescriptionThe American Federation of Government Employees Local 527 submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the current Office of Professional Responsibility Special Agent Guidebook/Handbook. The agency acknowledged receipt of the request. The agency withheld the handbook entirely under Exemption 7(E) (investigative methods or techniques). AFGE filed an administrative appeal and the agency remanded the case for processing. After hearing nothing further from the agency, AFGE filed a complaint with the Office of Government Information Services. After hearing nothing further, AFGE filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [57]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-271COMPLAINT against U.S. Immigration and Customs Enforcement. Filing fees $ 402.00 receipt number AFLSDC-14723133, filed by American federationof Government Employees Local 527. (Attachments: # 1 Summon(s), # 2 Civil Cover Sheet)(Macey, David) (Entered: 05/27/2021)
2021-05-272Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz) (Entered: 05/28/2021)
2021-05-283Summons Issued as to U.S. Immigration and Customs Enforcement. (ebz) (Entered: 05/28/2021)
2021-06-014PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Chief Judge K. Michael Moore on 6/1/2021. (hwr) (Entered: 06/01/2021)
2021-06-025NOTICE of Attorney Appearance by Noticing INS Attorney on behalf of U.S. Immigration and Customs Enforcement. Attorney Noticing INS Attorney added to party U.S. Immigration and Customs Enforcement(pty:dft). (ebz) (Entered: 06/02/2021)
2021-06-026CLERK'S NOTICE re 1 Complaint, 4 Order Referring Case to Magistrate Judge,. Additional Notice of Electronic Filing (NEF) sent to usafls-immigration@usdoj.gov (ebz) (Entered: 06/02/2021)
2021-06-307AFFIDAVIT signed by: Shirley Lowe by American federationof Government Employees Local 527 (Macey, David) (Entered: 06/30/2021)
2021-07-308ANSWER and Affirmative Defenses to Complaint by U.S. Immigration and Customs Enforcement. Attorney Carlos Javier Raurell added to party U.S. Immigration and Customs Enforcement(pty:dft). (Raurell, Carlos) (Entered: 07/30/2021)
2021-10-299SCHEDULING ORDER setting briefing schedule. Signed by Magistrate Judge Lauren Fleischer Louis on 10/29/2021. See attached document for full details. (eb00) (Entered: 10/29/2021)
2021-11-0310Joint MOTION to Continue Briefing Schedule re 9 Scheduling Order by U.S. Immigration and Customs Enforcement. Responses due by 11/17/2021 (Raurell, Carlos) (Entered: 11/03/2021)
2021-11-0311PAPERLESS ORDER granting 10 Motion to Continue. The briefing schedule shall be continued for 90 days. Plaintiff shall file its Motion for Summary Judgment on or before March 28, 2022. Signed by Magistrate Judge Lauren Fleischer Louis on 11/3/2021. (eb00) (Entered: 11/03/2021)
2021-11-0412NOTICE OF UNAVAILABILITY by American federationof Government Employees Local 527 for dates of 11-18-21-11-28-21,12-17-21-1-3-22 (Macey, David) (Entered: 11/04/2021)
2021-12-0313Joint MOTION for Amendment of Briefing Schedule re 11 Order on Motion to Continue, by U.S. Immigration and Customs Enforcement. (Raurell, Carlos) Modified to change motion relief to Amend on 12/3/2021 (jas). (Entered: 12/03/2021)
2021-12-0314Clerks Notice to Filer re 13 for Amendment of Briefing Schedule. Wrong Motion Relief(s) Selected ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (jas) (Entered: 12/03/2021)
2021-12-1315PAPERLESS ORDER granting 13 Motion to Amend the Court's Briefing Schedule. Defendant shall to file its Motion for Summary Judgment on or before March 28, 2022. Plaintiff shall file a Response within 30 days after Defendant files its Motion, and Defendant shall file a Reply within 30 days after Plaintiff files the Response. Signed by Magistrate Judge Lauren Fleischer Louis on 12/13/2021. (eb00) (Entered: 12/13/2021)
2022-02-0716First MOTION to Compel Vaughn Index by American federationof Government Employees Local 527. Responses due by 2/22/2022 (Macey, David) (Entered: 02/07/2022)
2022-02-2217RESPONSE in Opposition re 16 First MOTION to Compel Vaughn Index filed by U.S. Immigration and Customs Enforcement. Replies due by 3/1/2022. (Raurell, Carlos) (Entered: 02/22/2022)
2022-03-2718ORDER denying without prejudice 16 Plaintiff's Motion for an Order to Compel Production of a Detailed Vaughn Index. Signed by Magistrate Judge Lauren Fleischer Louis on 3/27/2022. See attached document for full details. (nce) (Entered: 03/27/2022)
2022-03-2819Defendant's MOTION for Summary Judgment by U.S. Immigration and Customs Enforcement. Responses due by 4/11/2022 (Attachments: # 1 Exhibit Schurkamp Declaration, # 2 Exhibit Exhibit 1 to Schurkamp Decl. (Vaughn Index), # 3 Exhibit Exhibit 2 to Schurkamp Decl. (Correspondence), # 4 Exhibit Exhibit 3 to Schurkamp Decl. (Correspondence))(Raurell, Carlos) (Entered: 03/28/2022)
2022-03-2820Statement of: Material Facts in Support of Motion for Summary Judgment by U.S. Immigration and Customs Enforcement re 19 Defendant's MOTION for Summary Judgment (Raurell, Carlos) (Entered: 03/28/2022)
2022-03-3021Unopposed MOTION for Extension of Time to File Response/Reply/Answer TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by American federationof Government Employees Local 527. (Macey, David) (Entered: 03/30/2022)
2022-03-3122PAPERLESS ORDER granting 21 Plaintiff's Unopposed Motion for Extension of Time to File Response. Plaintiff shall file a Response on or before May 12, 2022, and Defendant shall file a Reply within 30 days after Plaintiff files the Response. Signed by Magistrate Judge Lauren Fleischer Louis on 3/31/2022. (nce) (Entered: 03/31/2022)
2022-05-0423Unopposed MOTION for Extension of Time to File Response/Reply/Answer TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by American federationof Government Employees Local 527. (Macey, David) (Entered: 05/04/2022)
2022-05-0924PAPERLESS ORDER granting 23 Plaintiff's Unopposed Motion for Extension of Time to File Response to 19 Defendant's Motion for Summary Judgment. Plaintiff's Response is due on or by June 13, 2022. Defendant's Reply is due thirty days from the filing of Plaintiff's Response. Signed by Magistrate Judge Lauren Fleischer Louis on 5/9/2022. (nce) (Entered: 05/09/2022)
2022-06-0325First MOTION for Leave to File Excess Pages by American federationof Government Employees Local 527. (Attachments: # 1 Text of Proposed Order)(Macey, David) (Entered: 06/03/2022)
2022-06-0626PAPERLESS ORDER granting 25 Plaintiff's Unopposed Motion for Leave to File Excess Pages. Plaintiff may file its Opposition to Defendant's Motion for Summary Judgment and Plaintiff's Cross Motion for Summary Judgment of up to 29 pages in length. Signed by Magistrate Judge Lauren Fleischer Louis on 6/6/2022. (nce) (Entered: 06/06/2022)
2022-06-0727RESPONSE in Opposition re 19 Defendant's MOTION for Summary Judgment And Plaintiffs Cross-Motion For Summary Judgment filed by American federationof Government Employees Local 527. Replies due by 6/14/2022. (Macey, David) (Entered: 06/07/2022)
2022-06-0928Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 27 Response in Opposition to Motion, by U.S. Immigration and Customs Enforcement. (Raurell, Carlos) (Entered: 06/09/2022)
2022-06-0929PAPERLESS ORDER granting 28 Defendant's Unopposed Motion for Extension of Time to File Defendant's Reply to 27 Plaintiff's Response to Motion for Summary Judgment. Defendant's Reply is due on or by August 22, 2022. Signed by Magistrate Judge Lauren Fleischer Louis on 6/9/2022. (nce) (Entered: 06/09/2022)
2022-08-1830Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 27 Response in Opposition to Motion, 19 Defendant's MOTION for Summary Judgment by U.S. Immigration and Customs Enforcement. (Raurell, Carlos) (Entered: 08/18/2022)
2022-08-1931PAPERLESS ORDER granting 30 Defendant's Unopposed Motion for Extension of Time to File Defendant's Reply to 27 Plaintiff's Response to Motion for Summary Judgment. Defendant's Reply is due on or by September 6, 2022. Signed by Magistrate Judge Lauren Fleischer Louis on 8/19/2022. (nce) (Entered: 08/19/2022)
2022-09-0632Unopposed MOTION for Leave to File Reply/Response Longer than Applicable Page Limits by U.S. Immigration and Customs Enforcement. (Raurell, Carlos) (Entered: 09/06/2022)
2022-09-0633PAPERLESS ORDER granting 32 Defendant's Unopposed Motion for Leave to File a Reply/Response Longer than the Applicable Page Limit. Defendant may file its Reply to Plaintiff's Response to ICE's Motion for Summary Judgement and Opposition to Plaintiff's Cross Motion for Summary Judgment of up to 23 pages in length. Signed by Magistrate Judge Lauren Fleischer Louis on 9/6/2022. (nce) (Entered: 09/06/2022)
2022-09-0634Defendant's REPLY to Response to Motion re 19 Defendant's MOTION for Summary Judgment and Response to Plaintiff's Cross Motion for Summary Judgment filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Supplemental Declaration of Lynnea Shurkamp, # 2 Appendix Supplemental Vaughn Index)(Raurell, Carlos) (Entered: 09/06/2022)
2022-09-1535Unopposed MOTION for Extension of Time To Reply To Defendants Response In Support Of Its Motion For Summary Judgment by American federationof Government Employees Local 527. Responses due by 9/29/2022 (Attachments: # 1 Text of Proposed Order)(Macey, David) (Entered: 09/15/2022)
2022-09-1536PAPERLESS ORDER granting 35 Plaintiff's Unopposed Motion for Extension of Time to File Plaintiff's Reply to 34 Defendant's Response to Motion for Summary Judgment. Plaintiff's Reply is due on or by November 7, 2022. Signed by Magistrate Judge Lauren Fleischer Louis on 9/15/2022. (nce) (Entered: 09/15/2022)
2022-11-0237Second MOTION for Leave to File Excess Pages by American federationof Government Employees Local 527. (Macey, David) (Entered: 11/02/2022)
2022-11-0238PAPERLESS ORDER granting 37 Plaintiff's Unopposed Motion for Leave to File a Reply Longer than the Applicable Page Limit. Plaintiff may file its Reply to Defendant's Response to Plaintiff's Cross Motion for Summary Judgment of up to 14 pages in length. Signed by Magistrate Judge Lauren Fleischer Louis on 11/2/2022. (nce) (Entered: 11/02/2022)
2022-11-0539Plaintiff's REPLY to Response to Motion re 19 Defendant's MOTION for Summary Judgment filed by American federationof Government Employees Local 527. (Macey, David) (Entered: 11/05/2022)
2023-02-1040ORDER denying, without prejudice, Defendant's 19 Motion for Summary Judgment. Defendant's Motion for Summary Judgment (ECF No. 19 ) is DENIED, without prejudice, to renew that motion within twenty-one (21) days of entry of this Order. Plaintiff may file an amended response within fourteen (14) days of Defendant's renewed motion. Within twenty-one (21) days of entry of this Order, Defendant shall file under seal the withheld document for in camera review. Signed by Magistrate Judge Lauren Fleischer Louis on 2/10/2023. See attached document for full details. (as06) (Entered: 02/10/2023)
2023-03-0141Agreed MOTION for Extension of Time to File Renewed Motion for Summary Judgment and to file Records Under Seal re 40 Order on Motion for Summary Judgment,, by U.S. Immigration and Customs Enforcement. Responses due by 3/15/2023 (Raurell, Carlos) (Entered: 03/01/2023)
2023-03-0142PAPERLESS ORDER granting the 41 Agreed Motion for Extension of Deadline for Defendant to File its Renewed Motion for Summary Judgment and Plaintiff's Response Thereto. Defendant shall file its Renewed Motion for Summary Judgment and file under seal the withheld document for in camera review on or before March 17, 2023. Plaintiff shall file its Response to Defendant's Renewed Motion for Summary Judgment on or before April 14, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 3/1/2023. (as06) (Entered: 03/01/2023)
2023-03-16SYSTEM ENTRY - Docket Entry 43 [misc] restricted/sealed until further notice. (1043766) (Entered: 03/16/2023)
2023-03-1644NOTICE by U.S. Immigration and Customs Enforcement of Ex Parte Filing of ICE OPR Investigative Guidebook for in Camera Review (Raurell, Carlos) (Entered: 03/16/2023)
2023-03-1645Renewed MOTION for Summary Judgment by U.S. Immigration and Customs Enforcement. Responses due by 3/30/2023 (Attachments: # 1 Exhibit Declaration of Fernando Pineiro, # 2 Exhibit Pineiro Decl. Ex 1 - Vaughn Index, # 3 Exhibit Pineiro Decl. Ex 2, # 4 Exhibit Pineiro Decl. Ex 3, # 5 Exhibit Pineiro Decl. Ex 4)(Raurell, Carlos) (Entered: 03/16/2023)
2023-04-0646Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 45 Renewed MOTION for Summary Judgment by American Federation of Government Employees Local 527. Responses due by 4/20/2023 (Macey, David) Modified Relief and added document link on 4/7/2023 (ls). (Entered: 04/06/2023)
2023-04-0747Clerk's Notice to Filer re 46 MOTION for Extension of Time 45 day extension . Filer Selected the Wrong Motion Relief(s) ; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. AND Document Not Linked ; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 04/07/2023)
2023-04-0748PAPERLESS ORDER denying Plaintiff's 46 Unopposed Motion to Request an Extension of Time for Response to Defendant's Renewed Motion for Summary Judgment. On March 1, 2023, Plaintiff and Defendant each requested a two-week extension of the briefing schedule, (ECF No. 41 ), which the Court granted (ECF No. 42). Plaintiff now additionally requests a forty-five day extension. Motions for extensions of time must provide good cause. S.D. Fla. L.R. 7.1(a)(1)(J). Plaintiff's request does not provide an explanation of why Plaintiff is in need of such an extension, let alone demonstrate good cause. Accordingly, Plaintiff's 46 Unopposed Motion to Request an Extension of Time for Response to Defendant's Renewed Motion for Summary Judgment is DENIED. Signed by Magistrate Judge Lauren Fleischer Louis on 4/7/2023. (as06) (Entered: 04/07/2023)
2023-04-1049MOTION for Extension of Time to File Response/Reply/Answer TO DEFENDANTS RENEWED MOTION FOR SUMMARY JUDGMENT by American federationof Government Employees Local 527. (Macey, David) (Entered: 04/10/2023)
2023-04-1050PAPERLESS ORDER granting Plaintiff's 49 Unopposed Motion to Request an Extension of Time for Response to Defendant's Renewed Motion for Summary Judgment. Plaintiff shall file its Response to Defendant's Renewed Motion for Summary Judgment on or before April 28, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 4/10/2023. (as06) (Entered: 04/10/2023)
2023-04-10Set/Reset Deadlines/Hearings as to 45 Renewed MOTION for Summary Judgment . Responses due by 4/28/2023. Per DE 50 Order. (ebz) (Entered: 04/11/2023)
2023-04-2751RESPONSE TO DEFENDANTS RENEWED MOTION FOR SUMMARY JUDGMENT AND PLAINTIFFS RENEWED CROSS-MOTION FOR SUMMARY JUDGMENT by American federationof Government Employees Local 527. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Macey, David) (Entered: 04/27/2023)
2023-05-0352Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 51 Response/Reply (Other) by U.S. Immigration and Customs Enforcement. (Raurell, Carlos) (Entered: 05/03/2023)
2023-05-0353PAPERLESS ORDER granting Defendant's 52 Motion for a One-Week Extension of Time to File its Reply to Plaintiff's Response to its Motion for Summary Judgment. Defendant shall file its Reply on or before May 11, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 5/3/2023. (as06) (Entered: 05/03/2023)
2023-05-03Set/Reset Deadlines/Hearings as to 45 Renewed MOTION for Summary Judgment . Replies due by 5/11/2023. Per DE 53 Order. (ebz) (Entered: 05/03/2023)
2023-05-0554Defendant's REPLY IN SUPPORT OF ITS RENEWED MOTION re 45 Renewed MOTION for Summary Judgment filed by U.S. Immigration and Customs Enforcement. (Raurell, Carlos) Modified text on 5/5/2023 (ebz). (Entered: 05/05/2023)
2023-09-0155NOTICE OF UNAVAILABILITY by American federationof Government Employees Local 527 for dates of 09/05/2023-09/19/2023 (Macey, David) (Entered: 09/01/2023)
2024-02-1456REPORT AND RECOMMENDATIONS Recommending Defendant's Renewed Motion for Summary Judgment (ECF No. 45 ) be GRANTED, Plaintiff's Renewed Cross-Motion for Summary Judgment (ECF No. 51 ) be DENIED, and Plaintiff's original Cross-Motion for Summary Judgment (ECF No. 27 ) be DENIED, as moot. Objections to R&R due by February 28, 2024. And any responses to objections due by March 6, 2024. Signed by Magistrate Judge Lauren Fleischer Louis on 2/14/2024. See attached document for full details. (as06) (Entered: 02/14/2024)
2024-03-1857ORDER ADOPTING 56 Report and Recommendations; GRANTING 45 Defendant's Renewed Motion for Summary Judgment; DENYING 51 Plaintiff's Renewed Cross-Motion for Summary Judgment; DENYING AS MOOT 27 Plaintiffs Cross-Motion for Summary Judgment. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/18/2024. See attached document for full details. (mh02) (Entered: 03/18/2024)
2024-05-0858STIPULATION of Settlement of Plaintiff's Claim for Attorney's Fees and Costs by U.S. Immigration and Customs Enforcement (Raurell, Carlos) (Entered: 05/08/2024)
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