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Case TitleAmerican Civil Liberties Union v. United States Immigration and Customs Enforcement et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2023cv01795
Date Filed2023-04-13
Date ClosedOpen
JudgeMagistrate Judge Joseph C. Spero
PlaintiffAmerican Civil Liberties Union
Case DescriptionThe ACLU submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the type of COVID-19 antiviral drugs and number of treatment courses provided to people held in immigration detention facilities. The ACLU requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-131COMPLAINT against United States Department of Homeland Security, United States Immigration and Customs Enforcement ( Filing fee $ 402, receipt number ACANDC-18169630.). Filed byAmerican Civil Liberties Union. (Attachments: # 1 Civil Cover Sheet)(Kim, Nicole) (Filed on 4/13/2023) (Entered: 04/13/2023)
2023-04-132Proposed Summons. (Kim, Nicole) (Filed on 4/13/2023) (Entered: 04/13/2023)
2023-04-133Proposed Summons. (Kim, Nicole) (Filed on 4/13/2023) (Entered: 04/13/2023)
2023-04-134Certificate of Interested Entities by American Civil Liberties Union [Rule 7.1 Disclosure] (Kim, Nicole) (Filed on 4/13/2023) (Entered: 04/13/2023)
2023-04-135NOTICE of Appearance by Oscar Barron-Guerra (Barron-Guerra, Oscar) (Filed on 4/13/2023) (Entered: 04/13/2023)
2023-04-136NOTICE of Appearance by Kyle A. Virgien (Virgien, Kyle) (Filed on 4/13/2023) (Entered: 04/13/2023)
2023-04-147Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 4/28/2023. (mbc, COURT STAFF) (Filed on 4/14/2023) (Entered: 04/14/2023)
2023-04-148Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 7/7/2023. Initial Case Management Conference set for 7/14/2023 02:00 PM in San Francisco, Courtroom F, 15th Floor. (msr, COURT STAFF) (Filed on 4/14/2023) (Entered: 04/14/2023)
2023-04-149Summons Issued as to United States Immigration and Customs Enforcement. (msr, COURT STAFF) (Filed on 4/14/2023) (Entered: 04/14/2023)
2023-04-1410Summons Issued as to United States Department of Homeland Security. (msr, COURT STAFF) (Filed on 4/14/2023) (Entered: 04/14/2023)
2023-04-1711NOTICE of Appearance by Sean Connor Riordan (Riordan, Sean) (Filed on 4/17/2023) (Entered: 04/17/2023)
2023-04-2612MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18208543.) filed by American Civil Liberties Union. (Cipriano, Linnea) (Filed on 4/26/2023) (Entered: 04/26/2023)
2023-04-2613CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union. (Kim, Nicole) (Filed on 4/26/2023) Modified on 4/27/2023 (kmg, COURT STAFF). (Entered: 04/26/2023)
2023-04-2714Order. Signed 4/27/2023 by Magistrate Judge Joseph C. Spero granting 12 Motion for Pro Hac Vice for Linnea Cipriano.(klh, COURT STAFF) (Filed on 4/27/2023) (Entered: 04/27/2023)
2023-05-0315MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18230743.) filed by American Civil Liberties Union. (Cho, Eunice) (Filed on 5/3/2023) (Entered: 05/03/2023)
2023-05-0816Order. Signed 5/8/2023 by Magistrate Judge Joseph C. Spero granting 15 Motion for Pro Hac Vice for Eunice Cho.(klh, COURT STAFF) (Filed on 5/8/2023) (Entered: 05/08/2023)
2023-05-1917ANSWER to Complaint byUnited States Department of Homeland Security, United States Immigration and Customs Enforcement. (Iyengar, Savith) (Filed on 5/19/2023) (Entered: 05/19/2023)
2023-05-2218CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms . (Party/parties were also notified via telephone or email.) Consent/Declination due by 6/5/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 5/22/2023) (Entered: 05/22/2023)
2023-05-2219CERTIFICATE OF SERVICE by American Civil Liberties Union as to United States Immigration and Customs Enforcement (Cipriano, Linnea) (Filed on 5/22/2023) (Entered: 05/22/2023)
2023-05-2220CERTIFICATE OF SERVICE by American Civil Liberties Union as to United States Department of Homeland Security (Cipriano, Linnea) (Filed on 5/22/2023) (Entered: 05/22/2023)
2023-06-0521CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Homeland Security, United States Immigration and Customs Enforcement.. (Iyengar, Savith) (Filed on 6/5/2023) (Entered: 06/05/2023)
2023-06-2722ADR Clerks Notice re: Non-Compliance with Court Order. The parties have failed to file an ADR Certification as required by the Initial Case Management Scheduling Order. Counsel shall comply promptly with the requirements of ADR L.R. 3-5(b) and shall file the ADR Certification. (This is a text-only entry generated by the court. There is no document associated with this entry.) (cmf, COURT STAFF) (Filed on 6/27/2023) (Entered: 06/27/2023)
2023-06-2723ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Iyengar, Savith) (Filed on 6/27/2023) (Entered: 06/27/2023)
2023-06-2824CLERKS NOTICE SETTING ZOOM HEARING. Initial Case Management Conference set for 7/14/2023 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs Court Appearances: Advanced notice is required of counsel or parties who wish to be identified by the court as making an appearance or will be participating in the argument at the hearing. A list of names and emails must be sent to the CRD at jcscrd@cand.uscourts.gov no later than 7/12/2023 by 3:00 PM PDT. General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Case Management Statement due by 7/7/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klh, COURT STAFF) (Filed on 6/28/2023) (Entered: 06/28/2023)
2023-06-2925ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Virgien, Kyle) (Filed on 6/29/2023) (Entered: 06/29/2023)
2023-07-0726JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union. (Barron-Guerra, Oscar) (Filed on 7/7/2023) (Entered: 07/07/2023)
2023-07-1727Minute Entry for ZOOM proceedings held before Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 7/14/2023. Case Management Statement due by 8/25/2023. Further Case Management Conference set for 9/1/2023 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Digital Recording Time: Not Reported. Attorney for Plaintiff: Oscar Barron-Guerra, Kyle Virgien. Attorney for Defendant: Savith Iyengar. (klh, COURT STAFF) (Date Filed: 7/17/2023) (Entered: 07/17/2023)
2023-08-2528JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Iyengar, Savith) (Filed on 8/25/2023) (Entered: 08/25/2023)
2023-09-0529Minute Entry for ZOOM proceedings held before Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 9/1/2023. Defendant will start review of 1000 pages per month starting 9/15/2023 and provide a revised page count by this date. Further Case Management Conference set for 1/19/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Case Management Statement due by 1/12/2024. Digital Recording Time: Not Reported. Attorney for Plaintiff: Oscar Barron-Guerra, Kyle Virgien. Attorney for Defendant: Savith Iyengar. (klh, COURT STAFF) (Date Filed: 9/5/2023) (Entered: 09/05/2023)
2024-01-1230STIPULATION WITH PROPOSED ORDER Continuing Further Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Savith Iyengar)(Iyengar, Savith) (Filed on 1/12/2024) (Entered: 01/12/2024)
2024-01-1231Order. Signed 1/12/2024 by Magistrate Judge Joseph C. Spero granting 30 Stipulation to Continue Further Case Mgmt Conference.(klh, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/12/2024)
2024-01-12See Order 31 Set Deadlines/Hearings: Case Management Statement due by 2/16/2024. Further Case Management Conference set for 2/23/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klh, COURT STAFF) (Filed on 1/12/2024) (Entered: 01/12/2024)
2024-02-0132NOTICE of Change of Address by Kyle A. Virgien (Virgien, Kyle) (Filed on 2/1/2024) (Entered: 02/01/2024)
2024-02-1533STIPULATION WITH PROPOSED ORDER Continuing Further Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Savith Iyengar)(Iyengar, Savith) (Filed on 2/15/2024) (Entered: 02/15/2024)
2024-02-1634Order. Signed as modified on 2/16/2024 by Magistrate Judge Joseph C. Spero granting 33 Stipulation to Continue Further Case Mgmt Conference.(klh, COURT STAFF) (Filed on 2/16/2024) (Entered: 02/16/2024)
2024-02-16See Order 34 Set Deadlines/Hearings: Case Management Statement due by 5/24/2024. Further Case Management Conference set for 5/31/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klh, COURT STAFF) (Filed on 2/16/2024) (Entered: 02/16/2024)
2024-05-2435JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union. (Barron-Guerra, Oscar) (Filed on 5/24/2024) (Entered: 05/24/2024)
2024-06-0336Minute Entry for ZOOM proceedings held before Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 5/31/2024. Parties will engage in informal discussions to resolve this case. If the case is not resolved by the next case management conference, the Court will set a schedule for summary judgment and whether to refer this matter to a magistrate judge for settlement. Case Management Statement due by 7/26/2024. Further Case Management Conference set for 8/2/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . Digital Recording Time: Not Reported. Attorney for Plaintiff: Oscar Barron-Guerra, Kyle Virgien. Attorney for Defendant: Savith Iyengar. (klh, COURT STAFF) (Date Filed: 6/3/2024) (Entered: 06/03/2024)
2024-07-2537NOTICE by American Civil Liberties Union OF WITHDRAWAL OF ATTORNEY SEAN C. RIORDAN (Riordan, Sean) (Filed on 7/25/2024) (Entered: 07/25/2024)
2024-07-2538STIPULATION WITH PROPOSED ORDER Continuing Further Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Savith Iyengar)(Iyengar, Savith) (Filed on 7/25/2024) (Entered: 07/25/2024)
2024-07-2639Order. Signed 7/26/2024 by Magistrate Judge Joseph C. Spero granting 38 Stipulation to Continue Further Case Mgmt Conference.(klh, COURT STAFF) (Filed on 7/26/2024) (Entered: 07/26/2024)
2024-07-26See Order 39 Set Deadlines/Hearings: Case Management Statement due by 8/28/2024. Further Case Management Conference set for 9/4/2024* 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . *Effective July 1, 2024 Judge Spero's Law and Motion calendar moved to Wednesdays. (klh, COURT STAFF) (Filed on 7/26/2024) (Entered: 07/26/2024)
2024-08-2840STIPULATION WITH PROPOSED ORDER Continuing Further Case Management Conference filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration)(Iyengar, Savith) (Filed on 8/28/2024) (Entered: 08/28/2024)
2024-08-2841Order. Signed 8/28/2024 by Magistrate Judge Joseph C. Spero granting 40 Stipulation to Continue Further Case Mgmt Conference.(klh, COURT STAFF) (Filed on 8/28/2024) (Entered: 08/28/2024)
2024-08-28See Order 41 Set Deadlines/Hearings: Case Management Statement due by 10/30/2024. Further Case Management Conference set for 11/6/2024 02:00 PM in San Francisco, - Videoconference Only. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/jcs General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (klh, COURT STAFF) (Filed on 8/28/2024) (Entered: 08/28/2024)
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