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Case TitleHarvard Immigration and Refugee Clinical Program v. United States Department of Homeland Security et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2021cv12030
Date Filed2021-12-13
Date ClosedOpen
JudgeJudge Denise J. Casper
PlaintiffHarvard Immigration and Refugee Clinical Program
Case DescriptionThe Harvard Immigration and Refugee Clinical Program submitted FOIA requests to U.S. Immigration and Customs Enforcement for records submitted by ICE to the Office of the Inspector General pertaining to detainees with mental health disabilities placed segregated housing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, HIRCP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [74]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-131COMPLAINT against All Defendants Filing fee: $ 402, receipt number AMADC-9095864 (Fee Status: Filing Fee paid), filed by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Civil Cover Sheet, # 2 Local Category Form, # 3 Exhibit)(Ardalan, Sabrineh) (Entered: 12/13/2021)
2021-12-132ELECTRONIC 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 Donald L. Cabell. (Finn, Mary) (Entered: 12/13/2021)
2021-12-133Summons 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: 12/13/2021)
2021-12-144NOTICE of Appearance by Philip L. Torrey on behalf of Harvard Immigration and Refugee Clinical Program (Torrey, Philip) (Entered: 12/14/2021)
2021-12-155MOTION for Leave to Appear Pro Hac Vice for admission of Amanda Azarian Filing fee: $ 100, receipt number AMADC-9099243 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 12/15/2021)
2021-12-156MOTION for Leave to Appear Pro Hac Vice for admission of David Bitkower Filing fee: $ 100, receipt number AMADC-9099251 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 12/15/2021)
2021-12-297Judge Denise J. Casper: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Amanda Azarian ; granting 6 Motion for Leave to Appear Pro Hac Vice Added David Bitkower. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account . Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) (Entered: 12/29/2021)
2022-01-058NOTICE of Appearance by Rayford A. Farquhar on behalf of United States Department of Homeland Security, United States Immigration and Customs Enforcement (Farquhar, Rayford) (Entered: 01/05/2022)
2022-01-079NOTICE of Appearance by Amanda Azarian on behalf of Harvard Immigration and Refugee Clinical Program (Azarian, Amanda) (Entered: 01/07/2022)
2022-01-0810NOTICE of Appearance by David Bitkower on behalf of Harvard Immigration and Refugee Clinical Program (Bitkower, David) (Entered: 01/08/2022)
2022-01-1811NOTICE of Appearance by Michael Fitzgerald on behalf of United States Department of Homeland Security, United States Immigration and Customs Enforcement (Fitzgerald, Michael) (Entered: 01/18/2022)
2022-01-1812Assented to MOTION for Extension of Time to February 21, 2022 to Respond to the Complaint by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 01/18/2022)
2022-01-1913Judge Denise J. Casper: ELECTRONIC ORDER entered granting 12 Motion for Extension of Time to 2/21/22 to file a response to the complaint. (Hourihan, Lisa) (Entered: 01/19/2022)
2022-02-0114AFFIDAVIT OF SERVICE Executed by Harvard Immigration and Refugee Clinical Program. United States Department of Homeland Security served on 12/15/2021. Acknowledgement filed by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 02/01/2022)
2022-02-0115AFFIDAVIT OF SERVICE Executed by Harvard Immigration and Refugee Clinical Program. United States Immigration and Customs Enforcement served on 12/15/2021. Acknowledgement filed by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 02/01/2022)
2022-02-0116AFFIDAVIT of Service re 1 Complaint, served upon the Attorney General of the United States, U.S. Department of Justice by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 02/01/2022)
2022-02-0117AFFIDAVIT of Service re 1 Complaint, served upon the United States Attorney's Office, Civil-Process Clerk by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 02/01/2022)
2022-02-2218ANSWER to 1 Complaint, by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 02/22/2022)
2022-02-2319NOTICE 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 set for 3/28/2022 03:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 02/23/2022)
2022-02-2320Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 02/23/2022)
2022-02-2321Judge Denise J. Casper: Standing Order Regarding Appearance of Counsel Via Telephone or Video Conference(Hourihan, Lisa) (Entered: 02/23/2022)
2022-03-1122MOTION Leave to Appear as Law Student by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Law Student Certification Form, # 2 Declaration of Law Student in Support of Motion for Leave)(Ardalan, Sabrineh) (Entered: 03/11/2022)
2022-03-2123JOINT SUBMISSION pursuant to Local Rule 16.1 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 03/21/2022)
2022-03-2124CERTIFICATION pursuant to Local Rule 16.1 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 03/21/2022)
2022-03-2125CERTIFICATION pursuant to Local Rule 16.1 of Defendants . (Fitzgerald, Michael) (Entered: 03/21/2022)
2022-03-2526Judge Denise J. Casper: ELECTRONIC ORDER entered. D. 23: In light of the filing of the parties' joint statement and given that this is a FOIA case, the Court ORDERS as follows. Given that the usual discovery schedule is not necessary and Defendants indicate that they anticipate the additional production of documents to Plaintiff, D. 23 at 3-4, the Court will not set a schedule for cross motions for summary judgment at this time. Instead, the Court will set this case for a status conference on May 31, 2022 at 2:00 p.m. The parties shall file a joint status report by May 25, 2022. The Court anticipates setting a summary judgment motion schedule then and will consider the parties' proposal in that regard then.(Hourihan, Lisa) (Entered: 03/25/2022)
2022-03-2527ELECTRONIC NOTICE of 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 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 . Status Conference set for 5/31/2022 02:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/25/2022)
2022-03-2528ELECTRONIC NOTICE Canceling Hearing. In light of D. 26, the scheduling conference set for 3/28/22 is canceled. (Hourihan, Lisa) (Entered: 03/25/2022)
2022-04-0529ELECTRONIC NOTICE OF RESCHEDULING 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 . Status Conference set for 5/31/2022 09:30 AM in Courtroom 11 (Remote only) before Judge Denise J. Casper. NOTE TIME CHANGE ONLY (Hourihan, Lisa) (Entered: 04/05/2022)
2022-04-2730Judge Denise J. Casper: ELECTRONIC ORDER entered granting 22 MOTION Leave to Appear as Law Student (Currie, Haley) (Entered: 04/27/2022)
2022-05-2531STATUS REPORT Jointly Filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 05/25/2022)
2022-05-2532NOTICE of Withdrawal of Appearance by Rayford A. Farquhar (Farquhar, Rayford) (Entered: 05/25/2022)
2022-05-2733ELECTRONIC NOTICE OF RESCHEDULING 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 . In light of joint status report, the Court reschedules the Status Conference for 7/28/2022 03:00 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 05/27/2022)
2022-07-2734MOTION for Leave to Appear Pro Hac Vice for admission of Andrew D. Hoeg Filing fee: $ 100, receipt number AMADC-9430238 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh) (Entered: 07/27/2022)
2022-07-2735MOTION to Withdraw 9 Notice of Appearance by Amanda Azarian by Harvard Immigration and Refugee Clinical Program.(Bitkower, David) (Entered: 07/27/2022)
2022-07-2836Judge Denise J. Casper: ELECTRONIC ORDER entered granting 34 Motion for Leave to Appear Pro Hac Vice Added Andrew D. Hoeg. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account . Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) (Entered: 07/28/2022)
2022-07-2837Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 7/28/2022 by video conference. Court granting 35 MOTION to Withdraw 9 Notice of Appearance by Amanda Azarian . FOIA to be completed by 9/28/22. Motions for summary judgment to be filed by 11/4/22. Opposition and cross motions for summary judgment to be filed by 12/5/22. Hearing set for 1/26/23 at 3:00PM. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Sabrineh Ardalan, David Bitkower, Philip Torrey and Andrew Hoeg for the plaintiff. Michael Fitzgerald for the defendants.) (Hourihan, Lisa) (Entered: 08/02/2022)
2022-07-2838ELECTRONIC NOTICE Setting Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 1/26/2023 03:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 08/02/2022)
2022-10-2740Joint MOTION for Extension of Time Regarding Summary Judgment Schedule by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 10/27/2022)
2022-11-0141Judge Denise J. Casper: ELECTRONIC ORDER entered granting 40 Motion for Extension of Time. Summary judgment motions to be filed by 12/16/22. Opposition and cross motions for summary judgment to be filed by 1/13/23. Reply and opposition to cross motions for summary judgment to be filed by 1/27/23. Reply in support of cross motions for summary judgment to be filed by 2/10/23. Hearing set for 3/15/23 at 2:00PM. (Hourihan, Lisa) (Entered: 11/01/2022)
2022-11-0142ELECTRONIC NOTICE Resetting Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 3/15/2023 02:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 11/01/2022)
2022-12-1543Joint MOTION for Extension of Time Regarding Summary Judgment Schedule by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 12/15/2022)
2023-01-0544NOTICE of Appearance by Andrew Hoeg on behalf of Harvard Immigration and Refugee Clinical Program (Hoeg, Andrew) (Entered: 01/05/2023)
2023-01-0645MOTION for Extension of Time to February 20, 2023 to File Motion for Summary Judgment by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 01/06/2023)
2023-01-1146Judge Denise J. Casper: ELECTRONIC ORDER entered re: 43 Motion for Extension of Time and 45 Motion for Extension of Time to File Summary Judgment. The Court has considered the joint motion to extend deadlines, D. 43, and Defendants' (partially assented to) motion for further extension. The Court ALLOWS the motions to the following extent: Defendants' motion for summary judgment to be filed by 2/20/23. Plaintiff's Opposition to motion for summary judgment and cross motion to be filed by 3/13/23. Defendants' Reply and Opposition to cross motion for summary judgment to be filed by 4/3/23. Plaintiff's reply to be filed by 4/18/23. Hearing on motions for summary judgment set for 5/11/23 at 3PM. NO FURTHER EXTENSIONS ANTICIPATED (Hourihan, Lisa) (Entered: 01/11/2023)
2023-01-1147ELECTRONIC NOTICE Resetting Hearing on Cross Motions for Summary Judgment. Motion Hearing set for 5/11/2023 03:00 PM in Courtroom 11 (In person only) before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 01/11/2023)
2023-02-2148MOTION for Summary Judgment by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 02/21/2023)
2023-02-2149DECLARATION Transmittal by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3, # 4 Exhibit Exhibit 4, # 5 Exhibit Exhibit 5, # 6 Exhibit Exhibit 6, # 7 Exhibit Exhibit 7, # 8 Exhibit Exhibit 8, # 9 Exhibit Exhibit 9, # 10 Exhibit Exhibit 10, # 11 Exhibit Exhibit 11, # 12 Exhibit Exhibit 12, # 13 Exhibit Exhibit 13, # 14 Exhibit Exhibit 14, # 15 Exhibit Exhibit 15, # 16 Exhibit Exhibit 16, # 17 Exhibit Exhibit 17, # 18 Exhibit Exhibit 18)(Fitzgerald, Michael) (Entered: 02/21/2023)
2023-02-2150Statement of Material Facts L.R. 56.1 re 48 MOTION for Summary Judgment filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 02/21/2023)
2023-02-2151MEMORANDUM in Support re 48 MOTION for Summary Judgment filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 02/21/2023)
2023-03-0852MOTION for Leave to File Excess Pages by Harvard Immigration and Refugee Clinical Program.(Bitkower, David) (Entered: 03/08/2023)
2023-03-0953Judge Denise J. Casper: ELECTRONIC ORDER entered granting 52 Motion for Leave to File Excess Pages. Harvard Immigration and Refugee Clinical Program Memo in support of its motion for summary judgment and in opposition to Defendants' motion for summary judgment not to exceed 25 pages in length; 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. (Hourihan, Lisa) (Entered: 03/09/2023)
2023-03-1354Assented to MOTION Law Student Appearance Farris Peale by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Exhibit Law Student Declaration, # 2 Exhibit Supervisor Declaration, # 3 Exhibit Dean Declaration)(Torrey, Philip) (Entered: 03/13/2023)
2023-03-1355Assented to MOTION Law Student Appearance Ennely Medina by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Exhibit Law Student Declaration, # 2 Exhibit Supervisor Declaration, # 3 Exhibit Dean Declaration)(Torrey, Philip) (Entered: 03/13/2023)
2023-03-1356Assented to MOTION Law Student Appearance David Perlman by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Exhibit Law Student Declaration, # 2 Exhibit Supervisor Declaration, # 3 Exhibit Dean Declaration)(Torrey, Philip) (Entered: 03/13/2023)
2023-03-1357Assented to MOTION Law Student Appearance Rachel Shapiro by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Exhibit Law Student Declaration, # 2 Exhibit Supervisor Declaration, # 3 Exhibit Dean Declaration)(Torrey, Philip) (Entered: 03/13/2023)
2023-03-1458Response by Harvard Immigration and Refugee Clinical Program to 50 Statement of Material Facts L.R. 56.1 . (Bitkower, David) (Entered: 03/14/2023)
2023-03-1459Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by Harvard Immigration and Refugee Clinical Program.(Bitkower, David) (Entered: 03/14/2023)
2023-03-1460MEMORANDUM in Support re 59 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 03/14/2023)
2023-03-1461DECLARATION re 59 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment / Transmittal Declaration of Andrew D. Hoeg by Harvard Immigration and Refugee Clinical Program. (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, # 9 Exhibit I, # 10 Exhibit J)(Bitkower, David) (Entered: 03/14/2023)
2023-03-1462Statement of Material Facts L.R. 56.1 re 59 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 03/14/2023)
2023-03-2063Judge Denise J. Casper: ELECTRONIC ORDER entered granting D. 54 Assented to MOTION Law Student Appearance Farris Peale ; D. 55 Assented to MOTION Law Student Appearance Ennely Medina ; D. 56 Assented to MOTION Law Student Appearance David Perlman ; D. 57 Assented to MOTION Law Student Appearance Rachel Shapiro (Currie, Haley) (Entered: 03/20/2023)
2023-04-0364Response by United States Department of Homeland Security, United States Immigration and Customs Enforcement to 62 Statement of Material Facts L.R. 56.1 . (Fitzgerald, Michael) (Entered: 04/03/2023)
2023-04-0365Opposition re 59 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment and Reply in Support of Defendants' Motion for Summary Judgment filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 04/03/2023)
2023-04-1866REPLY to Response to 59 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment / Reply in Support of Plaintiff's Cross-Motion for Summary Judgment and in Opposition to Defendants' Motion for Summary Judgment filed by Harvard Immigration and Refugee Clinical Program. (Bitkower, David) (Entered: 04/18/2023)
2023-04-1867DECLARATION re 66 Reply to Response to Motion, / Transmittal Declaration of Andrew D. Hoeg by Harvard Immigration and Refugee Clinical Program. (Attachments: # 1 Exhibit K)(Bitkower, David) (Entered: 04/18/2023)
2023-04-2768MOTION for Leave to Appear Pro Hac Vice for admission of Aime J. Joo Filing fee: $ 125, receipt number AMADC-9828486 by Harvard Immigration and Refugee Clinical Program.(Ardalan, Sabrineh)(Additional attachment(s) added on 4/28/2023: # 1 Exhibit A) (Currie, Haley). Modified on 4/28/2023 to separate exhibit from main document (Currie, Haley). (Entered: 04/27/2023)
2023-05-1069Judge Denise J. Casper: ELECTRONIC ORDER entered granting 68 Motion for Leave to Appear Pro Hac Vice Added Aime J. Joo. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account . You must put the docket number on your form when registering or it will be rejected. Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (Currie, Haley) (Entered: 05/10/2023)
2023-05-1170NOTICE of Appearance by Aime Jh Joo on behalf of Harvard Immigration and Refugee Clinical Program (Joo, Aime) (Entered: 05/11/2023)
2023-05-1171Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 5/11/2023 re Cross Motions for Summary Judgment. Arguments. Court takes under advisement 48 Motion for Summary Judgment; takes under advisement 59 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment filed by Harvard Immigration and Refugee Clinical Program.(Court Reporter: Kelly Mortellite at mortellite@gmail.com.)(Attorneys present: Aime Joo, Rachel Shapiro, Sabrineh Ardalan, David Bitkower and Philip Torrey for the plaintiff. Michael Fitzgerald for the defendants) (Hourihan, Lisa) (Entered: 05/12/2023)
2023-05-2672Transcript of Motion Hearing held on May 11, 2023, before Judge Denise J. Casper. 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: Kelly Mortellite at mortellite@gmail.com. Redaction Request due 6/16/2023. Redacted Transcript Deadline set for 6/26/2023. Release of Transcript Restriction set for 8/24/2023. (McDonagh, Christina) (Entered: 05/26/2023)
2023-05-2673NOTICE 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 https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) (Entered: 05/26/2023)
2023-07-2174Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - As to the adequacy of searches, the Court ALLOWS the Agencies' motion for summary judgment only as to the locations searched as to the CRCL portion of the OIG and CRCL FOIA Request and otherwise DENIES the motion. The Court correspondingly DENIES HIRCP's motion for summary judgment only as to the locations searched as to the CRCL portion of the OIG and CRCL FOIA Request and otherwise ALLOWS HIRCP's motion for summary judgment as to the adequacy of OIG's and ICE's searches. As to the exemptions, the Court DENIES the Agencies' motion as to Exemptions 6 and 7(C) as moot, but ALLOWS it as to Exemption 7(E) and DENIES it as to Exemption 5. The Court ALLOWS HIRCP's motion as to Exemption 5 and DENIES it as to Exemption 7. The Court ORDERS counsel for the parties to meet and confer to agree on search terms and locations (except as to the locations searched as to the CRCL portion of the OIG and CRCL FOIA request) to be searched as to both OIG's search and ICE's search with a proposed time frame for completion of this search. Such joint proposal should be filed by September 1, 2023. The Court also ORDERS DHS to review the document withheld or redacted solely on the basis of Exemption 5, including all expert reports, and either submit a revised Vaughn index by September 1, 2023, correcting the deficiencies outlined above, or produce the documents unredacted to HIRCP and inform the Court of its decision, also by September 1, 2023. (Hourihan, Lisa) (Entered: 07/21/2023)
2023-08-2575Assented to MOTION for Extension of Time to September 15, 2023 to Comply with the Court's Summary Judgment Order (with respect to DHS CRCL) by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Fitzgerald, Michael) (Entered: 08/25/2023)
2023-09-0176DECLARATION of Fernando Pineiro by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit A - ICE Revised Vaughn Index)(Fitzgerald, Michael) (Entered: 09/01/2023)
2023-09-0177STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 09/01/2023)
2023-09-0578Judge Denise J. Casper: ELECTRONIC ORDER entered granting 75 Motion for Extension of Time to September 15, 2023 to Comply with the Court's Summary Judgment Order (with respect to DHS CRCL) by United States Department of Homeland Security, United States Immigration and Customs Enforcement (Hourihan, Lisa) (Entered: 09/05/2023)
2023-09-1179STATUS REPORT Jointly Filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 09/11/2023)
2023-09-1580DECLARATION Transmittal by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit Exhibit A)(Fitzgerald, Michael) (Entered: 09/15/2023)
2023-09-2281Judge Denise J. Casper: ELECTRONIC ORDER entered re 79 Status Report filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. The Court has received and reviewed the joint status report, D. 79, and understands that the parties have agreed about search terms to execute and that "rolling" productions will be made to Plaintiffs. The Court will impose the monthly status report requirement suggested by the parties and, accordingly, orders counsel to file a further status report by October 23, 2023, providing a further status report to the Court and every 30 days thereafter until the production is complete or the Court orders otherwise.(Hourihan, Lisa) (Entered: 09/22/2023)
2023-10-2382STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 10/23/2023)
2023-11-0183Judge Denise J. Casper: ELECTRONIC ORDER entered re 82 Status Report filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. The Court has reviewed the parties' October 23, 2023 status report and understands that the production of documents is ongoing. Accordingly, the Court reiterates its prior order, D. 81, and orders the parties to file a further, joint status report by November 22, 2023.(Hourihan, Lisa) (Entered: 11/01/2023)
2023-11-2284STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 11/22/2023)
2023-12-0685Judge Denise J. Casper: ELECTRONIC ORDER entered re 84 Status Report filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. The Court has received and received the parties' most recent, joint statement, D. 84, and understands that discovery production is ongoing. The Court orders the parties to file a further joint statement on January 8, 2024. Such joint statement shall include a date by which the parties anticipate completion of the further discovery and any further filings anticipated by the Court's July 21, 2023 Order, D. 74.(Hourihan, Lisa) (Entered: 12/06/2023)
2024-01-0886STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 01/08/2024)
2024-02-0787STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 02/07/2024)
2024-03-0888STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 03/08/2024)
2024-03-2289In light of the parties' last filing, D. 88, the Court's prior order, dated July 21, 2023, D. 74, the Court sets a further scheduling conference for April 22, 2024 at 3:15 pm. Counsel for the parties should confer and file a joint, proposed schedule for the remainder of this case and file same by 4/15/24. Scheduling Conference set for 4/22/2024 03:15 PM in Courtroom 11 (Remote only) before Judge Denise J. Casper. 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 courtroom deputy of the session as soon as possible. Audio access to the hearing may be available to the media and public. Please check the Court schedule . 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 general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Hourihan, Lisa) (Entered: 03/22/2024)
2024-04-1590STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 04/15/2024)
2024-04-2291Electronic Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 4/22/2024 by video conference. Counsel report on the status of the case and that the are working on search terms and request more time. By 5/22/24, counsel to file a joint statement identifying remaining issues. Each side to identify their positions and recommendations. Court will decide if a further status to be scheduled. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Sabrineh Ardalan, Andrew Hoeg, Aime Joo and Philip Torrey for the plaintiffs. Michael Fitzgerald for the defendants.) (Hourihan, Lisa) (Entered: 04/23/2024)
2024-05-2292STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 05/22/2024)
2024-05-3193Judge Denise J. Casper: ELECTRONIC ORDER entered re 92 Status Report ( Joint ) filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. In light of the parties' most recent status report, D. 92 , reflecting the further progress on production and the parties' respective positions regarding the same, the Court ORDERS as follows: As to the ICE supplemental production as to Boston Field Office and SRMS spreadsheet, the Court gives Plaintiff until to July 31, 2024 to review this production and identify four additional field offices as suggested by ICE. The Court will then give ICE until September 30, 2024 to collect and review the responsive documents regarding same and the parties shall, in its final status report, provide a joint timeline for producing same. As to the Consolidated ICE FOIA request, ICE shall continue to review and produce its collection of documents that were responsive to the nine search terms to which the parties had agreed. ICE shall also review files that contain the term segregat* as proposed by Plaintiff (and as discussed in the Court's Memorandum and Order, D. 74 at 17-18). In the parties' final status report, the parties will propose a joint timeline for the production of same. As to the production of the Detention Monitoring Council (DMC), the Court accepts and adopts ICE's proposal for collecting and reviewing the emails for 13 DMC members and that collection and review shall proceed and ICE shall produce those search results to Plaintiff by June 10, 2024 and shall provide a proposal for the completion of same by June 12, 2024 to Plaintiff. The parties shall file a final status report reflecting the progress on the matters above to the Court by August 15, 2024. Such report shall also contain a joint timeline with specified dates for the completion of all of these production to the extent that such production are still in progress at that time. The Court, in light of its resolution of the summary judgment in July 2023, D. 74 , and the recent status conference with counsel, D. 91 , and subsequent status report, D. 92 , anticipates adopting a final schedule regarding these productions and entering a final judgment regarding same after review and consideration of the parties' August 15, 2024 status report. If the parties want to propose of a form of final judgment regarding same, the Court will consider it. (Cook, Savannah) (Entered: 05/31/2024)
2024-08-1594STATUS REPORT (Joint) by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fitzgerald, Michael) (Entered: 08/15/2024)
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