Case Detail

FOIA Project Annotation: A federal court in California has ruled that an electronic law library provided by U.S. Immigration and Customs Enforcement for use by individuals held in ICE immigration detention facilities is not an agency record for purposes of the Freedom of Information Act and is not subject to FOIA disclosure. Federal Magistrate Judge Donna Ryu examined the question of whether or not the electronic law library constituted a record for purposes of FOIA in response to a request from the ACLU. The ACLU asked for the electronic law library in it native format. Ryu indicated that ICE contracted with RELX, Inc., which owns the LexisNexis Research Service, for a subscription to the LexisNexis research service to provide access to legal research materials to detained noncitizens. The contract provided that RELX "deploy both the custom interface online/tablet solution for 45,000 detainees and maintain/update 250 external hard drives across the entire ICE network of facilities." The Statement of Work attached to the contract specified two methods for detainees to access legal research materials: 1) a "self-contained legal research system" that "must be fully functional without internet access," i.e, an offline system; and 2) an "online legal research system." Only the offline "self-contained legal system was at issue in these motions. Under the contract, RELX installed on the electronic hard-drives the contracted-for databases and software to make the databases function offline. It furnished the Offline Lexis Materials to ICE solely on the electronic hard drives and did not provide the materials on CD-ROM. Once the hard drives are uploaded to law library computers at detention facilities, ICE shipped the hard drives back to RELX. Installation and troubleshooting issues are handled by a RELX technician. The Master Agreement allowed ICE to use the materials under license and did not provide any ownership rights aside from such use. ICE denied the ACLU access to the database, arguing that it was not an agency record and, further, if it were to be considered an agency record for purposes of FOIA, Exemption 4 (commercial and confidential) protected it from disclosure. ICE argued that two decisions from the Ninth Circuit were relevant to the case. One was SDC Development Corp. v. Matthews, 542 F.2d 1116 (9th Cir. 1976), and the other was Baizer v. Dept of Air Force, 887 F. Supp. 225 (N.D. Cal. 1995). Ryu, however, indicated that neither decision applied under these circumstances. SDC, which was decided by Ninth Circuit Court Judge Anthony Kennedy while he was still on the Ninth Circuit before being appointed to the U.S. Supreme Court, dealt with whether a database of records in the National Library of Medicine, known as MEDLARS, could be considered agency records for purposes of FOIA access. MEDLARS was publicly available through a subscription of $50,000 a year. Kennedy decided that the MEDLARS system was not meant to block access to the records but was designed to facilitate the library's ability to provide access to the materials. Ryu noted that "ACLU's FOIA request is not an end run around the costs of acquiring reference materials from an agency charged with gathering such materials. Instead, ACLU seeks production of research materials that reflect the outcome of ICE's decisions about how to satisfy its obligation to provide a law library to detainees." She also noted that SDC was decided before the seminal 1989 Supreme Court decision in Dept of Justice v. Tax Analysts on how to analyze what constituted an agency record, making its analysis dated by comparison. Ryu found that Baizer also did not support ICE's argument. In Baizer, a plaintiff made a FOIA request for an electronic database containing decisions of the U.S. Supreme Court from the Department of Air Force. The Air Force argued that its database was not an agency record for purposes of FOIA because it constituted library reference material and thus did not provide any insights into agency decision making. In Baizer, the court addressed the implications of Tax Analysts, concluding that Tax Analysts relied on whether the agency had integrated records into its system for decision-making purposes and that reference materials did not rise to that level of intent to control the records. Here, Ryu explained that "the FOIA request in Baizer is distinguishable from ACLU's request, which does not seek material 'maintained solely for reference purposes;'; rather, it seeks reference materials that are the product of ICE's decision-making with respect to fulfilling its mandate to provide such materials to detainees." After noting that the Ninth Circuit had not accepted the four-factor test on control that had been developed in Burka v. Dept of Health and Human Services, 87 F.3d 508 (D.C. Cir. 1996), Ryu indicated that "the parties dispute whether the Master Agreement limits ICE's use of the Offline Lexis Materials, which bears on the control inquiry. Defendants argue that the Master Agreement's restrictions on ICE's use of the materials demonstrates ICE's lack of 'control.' ACLU contends that Defendants have failed to establish that the Master Agreement applies to the Offline Lexis Materials." Ryu found that "the Court concludes that Defendants have submitted sufficient evidence that their installation and use of the Offline Lexis Materials is conditioned on acceptance of the Master Agreement with RELX." She pointed out that 'as noted, 'control' under FOIA' means that the materials have come into the agency's possession in the legitimate conduct of its official duties,' or 'in connection with the transaction of public business.'" She noted that "here, ICE does not have the ability to use and dispose of the Offline Lexis Materials as it sees fit. Instead, any use of the materials is subject to the terms of ICE's 'non-exclusive, non-transferable limited license,' which is limited by the 'Restrictions on Use' and 'Prohibited Use' set forth in the Master Agreement. Courts have held that similar contractual restrictions on use of records placed them outside the agency's control and thus not subject to FOIA." Ryu concluded that "in sum, in light of governing Ninth Circuit authority and consideration of the evidence bearing on the question of Defendants' 'control,' over the requested materials, the court concludes that ICE lacks sufficient control over the Offline Lexis Materials to make them 'agency records' for purposes of FOIA."
Issues: Agency Record

Date Filed	Doc #	Docket Text
2023-07-11	1	COMPLAINT against United States Department of Homeland Security, United States Immigration and Customs Enforcement. Filed byAmerican Civil Liberties Union. Filing Fee $402.00 Paid. Receipt Number ACANDC-18437870. (Attachments: # 1 Exhibits A-H, # 2 Civil Cover Sheet)(Virgien, Kyle) (Filed on 7/11/2023) Modified on 7/13/2023 (mbc, COURT STAFF). (Entered: 07/11/2023)
2023-07-11	2	Proposed Summons. (Virgien, Kyle) (Filed on 7/11/2023) (Entered: 07/11/2023)
2023-07-11	3	Certificate of Interested Entities by American Civil Liberties Union identifying Other Affiliate American Civil Liberties Union Foundation for American Civil Liberties Union. (Virgien, Kyle) (Filed on 7/11/2023) (Entered: 07/11/2023)
2023-07-11	4	NOTICE of Appearance by Kyle A. Virgien (Virgien, Kyle) (Filed on 7/11/2023) (Entered: 07/11/2023)
2023-07-11	5	Case assigned to Magistrate Judge Donna M. Ryu. 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 7/25/2023. (mbc, COURT STAFF) (Filed on 7/11/2023) (Entered: 07/11/2023)
2023-07-11	6	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-18438204.) filed by American Civil Liberties Union. (Attachments: # 1 Certificates of Good Standing)(Cho, Eunice) (Filed on 7/11/2023) (Entered: 07/11/2023)
2023-07-12	7	ORDER by Chief Magistrate Judge Donna M. Ryu granting 6 Eunice H. Cho's Motion for admission Pro Hac Vice. (ig, COURT STAFF) (Filed on 7/12/2023) (Entered: 07/12/2023)
2023-07-13	8	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/11/2023. Initial Case Management Conference set for 10/18/2023 01:30 PM in Oakland, Courtroom 4, 3rd Floor. (slh, COURT STAFF) (Filed on 7/13/2023) (Entered: 07/13/2023)
2023-07-13	9	Summons Issued as to United States Department of Homeland Security, United States Immigration and Customs Enforcement. (slh, COURT STAFF) (Filed on 7/13/2023) (Entered: 07/13/2023)
2023-07-18	10	NOTICE of Appearance by Marisol Dominguez-Ruiz (Dominguez-Ruiz, Marisol) (Filed on 7/18/2023) (Entered: 07/18/2023)
2023-07-31	11	CLERK'S NOTICE TO PLAINTIFF Re: Consent or Declination: Plaintiff 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 . Consent/Declination due by 8/14/2023. (ig, COURT STAFF) (Filed on 7/31/2023) (Entered: 07/31/2023)
2023-08-02	12	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union.. (Virgien, Kyle) (Filed on 8/2/2023) (Entered: 08/02/2023)
2023-08-25	13	STIPULATION to Extend Time to Respond to Complaint filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (DeVito, David) (Filed on 8/25/2023) (Entered: 08/25/2023)
2023-09-05	14	CLERK'S NOTICE TO DEFENDANTS 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 . Consent/Declination due by 9/19/2023. (ig, COURT STAFF) (Filed on 9/5/2023) (Entered: 09/05/2023)
2023-09-13	15	ANSWER to Complaint byUnited States Department of Homeland Security, United States Immigration and Customs Enforcement. (DeVito, David) (Filed on 9/13/2023) (Entered: 09/13/2023)
2023-09-13	16	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Homeland Security, United States Immigration and Customs Enforcement.. (DeVito, David) (Filed on 9/13/2023) (Entered: 09/13/2023)
2023-09-19	17	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Dominguez-Ruiz, Marisol) (Filed on 9/19/2023) (Entered: 09/19/2023)
2023-09-27	18	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (DeVito, David) (Filed on 9/27/2023) (Entered: 09/27/2023)
2023-10-11	19	JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union. (Dominguez-Ruiz, Marisol) (Filed on 10/11/2023) (Entered: 10/11/2023)
2023-10-13	20	CLERK'S NOTICE SETTING ZOOM HEARING. Initial Case Management Conference is set for 10/18/2023 01:30 PM in Oakland, - 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/dmr 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/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 10/13/2023) (Entered: 10/13/2023)
2023-10-18	21	Minute Entry for proceedings held before Chief Magistrate Judge Donna M. Ryu: Initial Case Management Conference held on 10/18/2023 by Zoom Videoconference. CASE REFERRED to a randomly-assigned Magistrate Judge for Settlement Conference which shall be completed within 120 days. Updated joint Case Management Conference Statement due by 12/13/2023. Further Case Management Conference set for 12/20/2023 01:30 PM in Oakland, - Videoconference Only. Digital Recording Time: Zoom Webinar Time 1:56-2:12. Attachment: Civil Conference Minute Order. (ig, COURT STAFF) (Date Filed: 10/18/2023) (Entered: 10/19/2023)
2023-10-19	22	CASE REFERRED to Magistrate Judge Laurel Beeler for Settlement. (ejk, COURT STAFF) (Filed on 10/19/2023) (Entered: 10/19/2023)
2023-10-20	23	CLERK'S NOTICE SETTING SETTLEMENT CONFERENCE SCHEDULING CALL: This case was referred for a settlement conference to Magistrate Judge Laurel Beeler. The court sets a call with the parties to discuss the timing and logistics of the settlement conference for 11/2/2023 at 11:30 AM . The court will email a call-in number separately. If this date does not work, parties may request to change the date by stipulation. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 10/20/2023) (Entered: 10/20/2023)
2023-10-23	24	CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL: Pursuant to the parties' stipulation, the court resets the Settlement Conference Scheduling Call from 11/2/2023 to 11/9/2023 at 11:30 AM . The court will email the call-in information separately. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 10/23/2023) (Entered: 10/23/2023)
2023-11-06	25	CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE SCHEDULING CALL TIME: Settlement Conference set for 11/9/2023 at 11:30 AM is reset to 12:30 PM in San Francisco, - Telephonic Only. The call-in information remains the same. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 11/6/2023) (Entered: 11/06/2023)
2023-11-09	26	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference Scheduling Call held on 11/9/2023. The court sets the Settlement Conference for Wednesday, February 28, 2024 at 10:00 a.m. (Not Reported). (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 11/9/2023) (Entered: 11/09/2023)
2023-11-09	27	Order Setting Settlement Conference before Magistrate Judge. Settlement Conference set for 2/28/2024 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference Statements due 2/21/2024. Signed by Judge Laurel Beeler on 11/09/2023. (ejk, COURT STAFF) (Filed on 11/9/2023) (Entered: 11/09/2023)
2023-11-09	28	CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE: Settlement Conference previously set for 2/28/2024 is reset to 3/27/2024 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. Settlement Conference Statements due 3/20/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 11/9/2023) (Entered: 11/09/2023)
2023-12-13	29	JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union. (Dominguez-Ruiz, Marisol) (Filed on 12/13/2023) (Entered: 12/13/2023)
2023-12-18	30	CLERK'S NOTICE: The parties are instructed to submit and file as soon as possible a proposed order regarding the briefing schedule on cross-motions for summary judgment in their joint case management conference statement 29 . Notice is given to all parties that the further case management conference set for 12/20/2023 01:30 PM is vacated and continued to 4/25/2024 01:00 PM in Oakland, - Videoconference Only to coincide with their proposed hearing on cross-motions for summary judgment before Chief Magistrate Judge Donna M. Ryu. Parties shall file an updated joint case management conference statement by 4/18/2024. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 12/18/2023) (Entered: 12/18/2023)
2023-12-18	31	STIPULATION WITH PROPOSED ORDER REGARDING BRIEFING SCHEDULE filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (DeVito, David) (Filed on 12/18/2023) (Entered: 12/18/2023)
2023-12-19	32	Order by Chief Magistrate Judge Donna M. Ryu granting 31 Stipulation Regarding Briefing Schedule as modified. Case Management Statement due by 4/18/2024. Further Case Management Conference continued to 4/25/2024 1:00 PM in Oakland, - Videoconference Only. Signed on 12/19/2023.(dmrlc1, COURT STAFF) (Filed on 12/19/2023) (Entered: 12/19/2023)
2024-01-25	33	NOTICE of Change of Address by Marisol Dominguez-Ruiz (Dominguez-Ruiz, Marisol) (Filed on 1/25/2024) (Entered: 01/25/2024)
2024-01-29	34	MOTION for Summary Judgment filed by American Civil Liberties Union. Motion for Summary Judgment Hearing set for 5/9/2024 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Responses due by 2/28/2024. Replies due by 3/13/2024. (Attachments: # 1 Declaration of Marisol Dominguez-Ruiz, # 2 Exhibit A, # 3 Exhibit B, # 4 Proposed Order)(Dominguez-Ruiz, Marisol) (Filed on 1/29/2024) (Entered: 01/29/2024)
2024-02-06	35	CLERK'S NOTICE: Notice is hereby given to all parties that pursuant to the court's 12/19/2023 Order on the parties' stipulation, the hearing on Plaintiff's Motion for Summary Judgment 34 noticed for 5/9/2024 01:00 PM is vacated and rescheduled to 4/25/2024 01:00 PM in Oakland, - Videoconference Only before Chief Magistrate Judge Donna M. Ryu. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 2/6/2024). (Entered: 02/06/2024)
2024-02-13	36	CLERK'S NOTICE RESETTING SETTLEMENT CONFERENCE TIME: The court is on criminal duty in March and thus resets the Settlement Conference set for 3/27/2024 at 10:00 AM to 11:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 2/13/2024) (Entered: 02/13/2024)
2024-02-20	37	REQUEST for ADR Phone Conference; Joint Motion for Hybrid Settlement Conference (Dominguez-Ruiz, Marisol) (Filed on 2/20/2024) (Entered: 02/20/2024)
2024-02-21	38	CLERK'S NOTICE RE HYBRID SETTLEMENT CONFERENCE: Hybrid seems overly complicated, and the entire settlement conference will be by Zoom unless by 2/22/2024 at noon, the parties file a joint statement saying why at least partial in-person helps. If there is one risk manager who appears remotely, that works fine with hybrid. But if too many people on different sides want to be remote, any utility to in-person usually evaporates based on the extra work for the court to try to make hybrid work. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 2/21/2024) (Entered: 02/21/2024)
2024-02-22	39	CLERKS NOTICE SETTING SETTLEMENT CONFERENCE BY ZOOM. Settlement Conference set for 3/27/2024 at 11:30 AM in San Francisco - Videoconference Only. Settlement Conference Statements due 3/20/2024. This proceeding will be held via a Zoom meeting . Meeting Access : All counsel and parties may access the meeting information at https://www.cand.uscourts.gov/lb. Please DO NOT join the Zoom webinar (for public hearings). Go to the section labeled: Joining Non-Public Hearings (Settlement Conferences, etc.) below the public webinar information and click on the box to the left to expand text and obtain information for the non-public Zoom meeting. You will be placed in a waiting room and admitted once the settlement conference begins. ( Meeting ID : 160 464 1326 Passcode : 106809) 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/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Filed on 2/22/2024) (Entered: 02/22/2024)
2024-02-28	40	Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. Motion for Summary Judgment Hearing set for 4/25/2024 01:00 PM in Oakland, - Videoconference Only before Magistrate Judge Donna M. Ryu. Responses due by 3/13/2024. Replies due by 3/26/2024. (Attachments: # 1 Proposed Order)(DeVito, David) (Filed on 2/28/2024) (Entered: 02/28/2024)
2024-02-28	41	Declaration of Jessica Jones in Support of 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 40 ) (DeVito, David) (Filed on 2/28/2024) (Entered: 02/28/2024)
2024-02-28	42	Declaration of Shawn O'Donnell in Support of 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A)(Related document(s) 40 ) (DeVito, David) (Filed on 2/28/2024) (Entered: 02/28/2024)
2024-03-01	43	CLERK'S NOTICE: Notice is hereby given to all parties that the hearing on 34 Plaintiff's Motion for Summary Judgment, 40 Defendants' Cross Motion for Summary Judgment and Further Case Management Conference set for 4/25/2024 01:00 PM are vacated and continued to 5/2/2024 01:00 PM in Oakland, - Videoconference Only before Chief Magistrate Judge Donna M. Ryu. Parties shall file an updated joint case management conference statement by 4/25/2024. All counsel and parties may access the webinar information (public hearings) at https://cand.uscourts.gov/judges/ryu-donna-m-dmr/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (ig, COURT STAFF) (Filed on 3/1/2024) (Entered: 03/01/2024)
2024-03-01		Set Hearing re 43 Clerk's Notice: Further Case Management Conference continued to 5/2/2024 01:00 PM in Oakland, - Videoconference Only. (ig, COURT STAFF) (Filed on 3/1/2024) (Entered: 03/01/2024)
2024-03-09		Set/Reset Hearing Settlement Conference set for 3/27/2024 02:00 PM. This FOIA settlement conference, which was staged to allow full briefing, was set for 11:00 a.m., a time that follows the the court's criminal duty calendar. For case-management reasons that attends the court's docket, the start time has to be advanced to 2:00 p.m. (and might be as late as 2:15 pm). That creates some issues about East Coast participation. The court resets the start time to 2 p.m. and, if the federal government on the East Coast cannot accommodate that, they can ask the trial judge for an extension for a time frame that works for them, after talking with the plaintiffs. (Beeler, Laurel) (Filed on 3/9/2024) (Entered: 03/09/2024)
2024-03-09		Set/Reset Hearing Settlement Conference set for 3/27/2024 02:00 PM. (Beeler, Laurel) (Filed on 3/9/2024) (Entered: 03/09/2024)
2024-03-11		Set Deadlines/Hearings: Settlement Conference set for 3/27/2024 02:00 PM in San Francisco, Courtroom B, 15th Floor. (ejk, COURT STAFF) (Filed on 3/11/2024) (Entered: 03/11/2024)
2024-03-11		Set Deadlines/Hearings: Settlement Conference set for 3/27/2024 02:00 PM in San Francisco - Videoconference Only. (ejk, COURT STAFF) (Filed on 3/11/2024) (Entered: 03/11/2024)
2024-03-13	44	REPLY (re 34 MOTION for Summary Judgment , 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment ) filed byAmerican Civil Liberties Union. (Dominguez-Ruiz, Marisol) (Filed on 3/13/2024) (Entered: 03/13/2024)
2024-03-15	45	ORDER: Defendant did not provide chambers copies of Docket Nos. 40-42 as required by Civil Local Rule 5-1(d)(7) and Judge Ryu's Standing Order. Defendant shall submit chambers copies of these documents to be delivered to the Oakland courthouse by no later than 3/22/2024. All chambers copies should be double-sided (when possible), three-hole punched along the left side of the page, and should bear the ECF filing stamp (case number, docket number, date, and ECF page number) along the top of the page. All exhibits shall be clearly delineated with labels along the right side. If the filing includes exhibits over two inches thick, the parties shall place the chambers copy in a binder. Signed by Chief Magistrate Judge Donna M. Ryu on 3/15/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 3/15/2024) (Entered: 03/15/2024)
2024-03-26	46	REPLY (re 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment ) filed byUnited States Department of Homeland Security, United States Immigration and Customs Enforcement. (DeVito, David) (Filed on 3/26/2024) (Entered: 03/26/2024)
2024-03-27	47	Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Settlement Conference held via Zoom on 3/27/2024. The court had a settlement conference. The plaintiffs will submit an updated to proposal to the government by April 3, the government will respond by April 10, and the parties will update the court by joint email by April 12 at noon with their proposed next steps. (Not Reported). Total Time in Court: 3 hours, 30 minutes. Plaintiff's Attorneys: Eunice Cho, Kyle Virgien, and Marisol Dominguez-Ruiz. Defendants' Attorney: David DeVito. Also appearing: Sarah Jane Catarozoli and Azadeh Rezvani. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejk, COURT STAFF) (Date Filed: 3/27/2024) (Entered: 03/27/2024)
2024-04-18	48	STIPULATION WITH PROPOSED ORDER REQUEST TO MODIFY DATE OF HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT filed by American Civil Liberties Union. (Dominguez-Ruiz, Marisol) (Filed on 4/18/2024) (Entered: 04/18/2024)
2024-04-19	49	Order by Chief Magistrate Judge Donna M. Ryu granting 48 Stipulation. Case Management Statement due by 6/20/2024. Hearing on motions for summary judgment and Further Case Management Conference CONTINUED to 6/27/2024 1:00 PM in Oakland, - Videoconference Only. Signed on 4/19/2024.(dmrlc1, COURT STAFF) (Filed on 4/19/2024) (Entered: 04/19/2024)
2024-04-19		Set/Reset Deadlines as to 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment, 34 MOTION for Summary Judgment. Motion Hearing set for 6/27/2024 01:00 PM in Oakland, - Videoconference Only before Chief Magistrate Judge Donna M. Ryu. (dmrlc1, COURT STAFF) (Filed on 4/19/2024) (Entered: 04/19/2024)
2024-06-20	50	JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (DeVito, David) (Filed on 6/20/2024) (Entered: 06/20/2024)
2024-06-27	51	Minute Entry for proceedings held before Chief Magistrate Judge Donna M. Ryu: Motion Hearing held on 6/27/2024 re 34 Plaintiff's Motion for Summary Judgment, and 40 Defendants' Cross Motion for Summary Judgment and Further Case Management Conference held on 6/27/2024 by Zoom Videoconference. By 7/29/2024, Defendants shall submit a supplemental declaration(s) and Plaintiff shall file a response to the supplemental declaration(s) that does not exceed five pages by 8/12/2024. See minute Order for more particulars. Court's written Order to follow. Digital Recording Time: Zoom Webinar Time 1:02-1:33 (Assigned Transcriber: Tara Jauregui). Attachment: Civil Law and Motion Minute Order. (ig, COURT STAFF) (Date Filed: 6/27/2024) Modified on 7/1/2024 to add assigned transcriber (wft, COURT STAFF). (Entered: 06/27/2024)
2024-07-01	52	TRANSCRIPT ORDER for proceedings held on 06/27/2024 before Magistrate Judge Donna M. Ryu by United States Department of Homeland Security, United States Immigration and Customs Enforcement, for Recorded Proceeding - Oakland. (DeVito, David) (Filed on 7/1/2024) (Entered: 07/01/2024)
2024-07-05	53	Transcript of Proceedings held on 06/27/24, before Judge Magistrate Judge Donna Ryu. Court Reporter/Transcriber Echo Reporting, Inc., telephone number echoreporting@yahoo.com. Tape Number: 1:02 - 1:33. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter/Transcriber until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 52 Transcript Order, ) Redaction Request due 7/26/2024. Redacted Transcript Deadline set for 8/5/2024. Release of Transcript Restriction set for 10/3/2024. (Related documents(s) 52 ) (Jauregui, Tara) (Filed on 7/5/2024) (Entered: 07/05/2024)
2024-07-10	54	TRANSCRIPT ORDER for proceedings held on 6/27/2024 before Magistrate Judge Donna M. Ryu by American Civil Liberties Union, for Recorded Proceeding - Oakland. (Dominguez-Ruiz, Marisol) (Filed on 7/10/2024) (Entered: 07/10/2024)
2024-07-26	55	STIPULATION WITH PROPOSED ORDER TO EXTEND DEADLINES filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of David DeVito)(DeVito, David) (Filed on 7/26/2024) (Entered: 07/26/2024)
2024-07-29	56	Order by Chief Magistrate Judge Donna M. Ryu granting 55 Stipulation: Defendants' supplemental declaration is due by 8/5/2024. Plaintiff's response is due by 8/19/2024. Signed on 7/29/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 7/29/2024) (Entered: 07/29/2024)
2024-08-05	57	Declaration of Shawn O'Donnell in Support of 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A)(Related document(s) 40 ) (DeVito, David) (Filed on 8/5/2024) (Entered: 08/05/2024)
2024-08-06	58	STIPULATION WITH PROPOSED ORDER FOR LEAVE TO FILE CORRECTED BRIEFS IN SUPPORT OF DEFENDANTS CROSS-MOTION FOR SUMMARY JUDGMENT filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (DeVito, David) (Filed on 8/6/2024) (Entered: 08/06/2024)
2024-08-06	59	Order by Chief Magistrate Judge Donna M. Ryu granting 58 Stipulation to File Corrected Briefs in support of Defendants' motion for summary judgment. Defendants shall file their corrected briefs along with redlines of both briefs showing all changes. Signed on 8/6/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 8/6/2024) (Entered: 08/06/2024)
2024-08-06	60	AMENDED DOCUMENT by United States Department of Homeland Security, United States Immigration and Customs Enforcement. Amendment to 40 Cross MOTION for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment Defendants' [Corrected] Cross-Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment . (Attachments: # 1 Exhibit A - Redline of Defendants' [Corrected] Cross-Motion for Summary Judgment)(DeVito, David) (Filed on 8/6/2024) (Entered: 08/06/2024)
2024-08-06	61	AMENDED DOCUMENT by United States Department of Homeland Security, United States Immigration and Customs Enforcement. Amendment to 46 Reply to Opposition/Response, Defendants' [Corrected] Reply in Support of Cross-Motion for Summary Judgment . (Attachments: # 1 Exhibit A - Redline of Defendants' [Corrected] Reply)(DeVito, David) (Filed on 8/6/2024) (Entered: 08/06/2024)
2024-08-19	62	REPLY re 57 Defendants' Supplemental Declaration filed by American Civil Liberties Union. (Dominguez-Ruiz, Marisol) (Filed on 8/19/2024) Modified on 8/20/2024 (slh, COURT STAFF). (Entered: 08/19/2024)
2024-09-20	63	ORDER by Chief Magistrate Judge Donna M. Ryu granting 40 Defendants' Motion for Summary Judgment; denying 34 Plaintiff's Motion for Summary Judgment. Signed on 9/20/2024. (dmrlc1, COURT STAFF) (Filed on 9/20/2024) (Entered: 09/20/2024)
2024-10-11	64	Letter from Plaintiff and Defendants . (Dominguez-Ruiz, Marisol) (Filed on 10/11/2024) (Entered: 10/11/2024)
2024-10-16	65	ORDER: The parties shall file a request for dismissal or joint status report and proposed briefing schedule regarding Plaintiff's claim for attorneys' fees and costs by no later than 11/22/2024. Signed by Chief Magistrate Judge Donna M. Ryu on 10/16/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 10/16/2024) (Entered: 10/16/2024)
2024-11-21	66	STATUS REPORT AND STIPULATION TO EXTEND TIME by United States Immigration and Customs Enforcement, United States Department of Homeland Security. (Attachments: # 1 Declaration of David DeVito)(DeVito, David) (Filed on 11/21/2024) (Entered: 11/21/2024)
2024-11-22	67	ORDER: The parties' request for an extension of the deadline to file a request for dismissal or joint status report and proposed briefing schedule regarding Plaintiff's claim for attorneys' fees and costs is granted. The deadline is extended to 12/19/2024. Signed by Chief Magistrate Judge Donna M. Ryu on 11/22/2024. (This is a text-only entry generated by the court. There is no document associated with this entry.) (dmrlc1, COURT STAFF) (Filed on 11/22/2024) (Entered: 11/22/2024)
2024-12-19	68	STIPULATION WITH PROPOSED ORDER Regarding Settlement and Dismissal filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. (DeVito, David) (Filed on 12/19/2024) (Entered: 12/19/2024)
2024-12-20	69	ORDER granting 68 Stipulation Regarding Settlement and Dismissal, ***Civil Case Terminated. Signed by Chief Magistrate Judge Donna M. Ryu on 12/20/2024. (dmrlc2, COURT STAFF) (Filed on 12/20/2024) (Entered: 12/20/2024)
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