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Case TitleDoe et al v. U. S. Immigration and Customs Enforcement et al
DistrictNorthern District of Georgia
CityAtlanta
Case Number1:2023cv03205
Date Filed2023-07-19
Date ClosedOpen
JudgeJudge Sarah E. Geraghty
PlaintiffJane Doe
PlaintiffProject South: The Institute for the Elimination of Poverty and Genocide, Inc.
PlaintiffAl Otro Lado, Inc.
TERMINATED: 11/09/2023
Case DescriptionJane Doe, a Venezuelan woman seeking asylum in the United States, submitted FOIA requests to the Department of Homeland Security for records concerning immigration records pertaining to Jane Doe. She also asked for expedited processing. The agency acknowledged receipt of the requests and disclosed six heavily redacted pages. Jane Doe filed an administrative appeal. After hearing nothing further from the agency, Jane Doe filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU. S. Immigration and Customs Enforcement
DefendantU.S. Department of Homeland Security
DefendantU.S. Department of Homeland Security Office for Civil Rights and Civil Liberties
DefendantU.S. Department of Homeland Security Office of the Inspector General
DefendantU.S. Department of Homeland Security Office of the Secretary
DefendantU.S. Department of Homeland Security Office of the Secretary
TERMINATED: 11/09/2023
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-191COMPLAINT filed by Project South: The Institute for the Elimination of Poverty and Genocide, Inc., Jane Doe, Al Otro Lado, Inc. (Filing fee $402, receipt number AGANDC-12756461) (Attachments: # 1 Exhibit to Complaint, # 2 Civil Cover Sheet)(nmb) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 07/21/2023)
2023-07-192Electronic Summons Issued as to U.S. Department of Homeland Security Office of the Secretary. (nmb) (Entered: 07/21/2023)
2023-07-193Electronic Summons Issued as to U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties. (nmb) (Entered: 07/21/2023)
2023-07-194Electronic Summons Issued as to U.S. Department of Homeland Security Office of the Inspector General. (nmb) (Entered: 07/21/2023)
2023-07-195Electronic Summons Issued as to U. S. Immigration and Customs Enforcement. (nmb) (Entered: 07/21/2023)
2023-07-276APPLICATION for Admission of Barbara Hart Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12774033).by Jane Doe. (Owings, Sarah) Documents for this entry are not available for viewing outside the courthouse. (Entered: 07/27/2023)
2023-07-277APPLICATION for Admission of Pooja Mehta Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12774050).by Jane Doe. (Owings, Sarah) Documents for this entry are not available for viewing outside the courthouse. (Entered: 07/27/2023)
2023-07-28APPROVAL by Clerks Office re: 6 APPLICATION for Admission of Barbara Hart Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12774033). Attorney Barbara J. Hart added appearing on behalf of Al Otro Lado, Inc., Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. E-filing access may be requested after an order granting the application is entered. (rvb) (Entered: 07/28/2023)
2023-07-28APPROVAL by Clerks Office re: 7 APPLICATION for Admission of Pooja Mehta Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12774050). Attorney Pooja Mehta added appearing on behalf of Al Otro Lado, Inc., Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. E-filing access may be requested after an order granting the application is entered. (rvb) (Entered: 07/28/2023)
2023-07-288Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Irene R. Lax. Clerk to follow-up by 8/7/2023. (rvb) (Entered: 07/28/2023)
2023-07-289Letter from Clerk re: LR 83.1 Pro Hac Vice requirements sent to Andrew Fels. Clerk to follow-up by 8/7/2023. (rvb) (Entered: 07/28/2023)
2023-07-2810STANDING ORDER REGARDING CIVIL LITIGATION. Signed by Judge Sarah E. Geraghty on 7/28/2023. (sap) (Entered: 07/28/2023)
2023-07-3111APPLICATION for Admission of Irene Lax Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12780615).by Jane Doe. (Owings, Sarah) Documents for this entry are not available for viewing outside the courthouse. (Entered: 07/31/2023)
2023-08-01APPROVAL by Clerks Office re: 11 APPLICATION for Admission of Irene Lax Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12780615). Attorney Irene R. Lax added appearing on behalf of Al Otro Lado, Inc., Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. E-filing access may be requested after an order granting the application is entered. (rvb) (Entered: 08/01/2023)
2023-08-0512APPLICATION for Admission of Andrew Fels Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12794892).by Jane Doe. (Owings, Sarah) Documents for this entry are not available for viewing outside the courthouse. (Entered: 08/05/2023)
2023-08-07RETURN of 12 APPLICATION for Admission of Andrew Fels Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12794892). to attorney for correction. Reason for correction: Residential address must be different from bushiness address. (djs) (Entered: 08/07/2023)
2023-08-0913APPLICATION for Admission of Andrew Fels Pro Hac Vice.by Jane Doe. (Owings, Sarah) Documents for this entry are not available for viewing outside the courthouse. (Entered: 08/09/2023)
2023-08-10APPROVAL by Clerks Office re: 13 APPLICATION for Admission of Andrew Fels Pro Hac Vice (Application fee $ 150, receipt number AGANDC-12794892). Attorney Andrew Fels added appearing on behalf of Al Otro Lado, Inc., Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. E-filing access may be requested after an order granting the application is entered. (rvb) (Entered: 08/10/2023)
2023-08-1414ORDER GRANTING 6 Application for Admission Pro Hac Vice of Barbara Hart. Signed by Judge Sarah E. Geraghty on 8/14/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 08/15/2023)
2023-08-1415ORDER GRANTING 7 Application for Admission Pro Hac Vice of Pooja Mehta. Signed by Judge Sarah E. Geraghty on 8/14/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 08/15/2023)
2023-08-1416ORDER GRANTING 11 Application for Admission Pro Hac Vice of Irene Lax. Signed by Judge Sarah E. Geraghty on 8/14/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 08/15/2023)
2023-08-1417ORDER GRANTING 13 Application for Admission Pro Hac Vice of Andrew Fels. Signed by Judge Sarah E. Geraghty on 8/14/2023. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 08/15/2023)
2023-08-15Clerk's Certificate of Mailing as to Barbara Hart re 14 Order on Application for Admission PHV. (ane) (Entered: 08/15/2023)
2023-08-15Clerk's Certificate of Mailing as to Pooja Mehta re 15 Order on Application for Admission PHV. (ane) (Entered: 08/15/2023)
2023-08-15Clerk's Certificate of Mailing as to Irene Lax re 16 Order on Application for Admission PHV. (ane) (Entered: 08/15/2023)
2023-08-15Clerk's Certificate of Mailing as to Andrew Fels re 17 Order on Application for Admission PHV. (ane) (Entered: 08/15/2023)
2023-08-1518MOTION Proceed Under Pseudonym Jane Doe with Brief In Support by Al Otro Lado, Inc., Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (Hart, Barbara) (Entered: 08/15/2023)
2023-08-2319NOTICE by Al Otro Lado, Inc., Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. re Approval of Application for Admission Pro Hac Vice, of Withdrawal of Counsel (Hart, Barbara) (Entered: 08/23/2023)
2023-08-2420Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, with Brief In Support by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General, U.S. Department of Homeland Security Office of the Secretary. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) (Entered: 08/24/2023)
2023-08-2521ORDER GRANTING 20 Motion for Enlargement of Time. Defendants shall have until September 27, 2023, to answer or otherwise respond to Plaintiffs' 1 Complaint. Signed by Judge Sarah E. Geraghty on 8/25/2023. (ane) (Entered: 08/25/2023)
2023-09-05Submission of 18 MOTION Proceed Under Pseudonym Jane Doe to District Judge Sarah E. Geraghty. (sap) (Entered: 09/05/2023)
2023-09-2722Unopposed MOTION for Extension of Time to File Answer re 1 Complaint, Second Request, with Brief In Support by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General, U.S. Department of Homeland Security Office of the Secretary. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine) (Entered: 09/27/2023)
2023-09-2823ORDER granting Defendants' 22 Unopposed Motion for a Second Enlargement of Time, up to and including 11/13/2023, to answer or otherwise respond to the complaint. Signed by Judge Sarah E. Geraghty on 9/28/2023. (bgt) (Entered: 09/28/2023)
2023-10-0624ORDER GRANTING Plaintiff's 18 Motion to Proceed Under Pseudonym Jane Doe. Signed by Judge Sarah E. Geraghty on 10/6/2023. (ane) (Entered: 10/06/2023)
2023-11-0825Consent MOTION to Withdraw Andrew Christian Fels as Attorneyby Al Otro Lado, Inc.. (Fels, Andrew) (Entered: 11/08/2023)
2023-11-0926First AMENDED COMPLAINT against All Defendants filed by Project South: The Institute for the Elimination of Poverty and Genocide, Inc., Jane Doe. (Attachments: # 1 SEALED Exhibit A, # 2 SEALED Exhibit B, # 3 SEALED Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Lax, Irene) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions and Pretrial Associated Forms which includes the Consent To Proceed Before U.S. Magistrate form. Modified on 11/14/2023 to provisionally seal exhibits A-C, per counsel's request. Counsel directed to Court's procedures for filing under seal. (sap). Modified on 1/12/2024 to seal exhibits A-C per the 39 Minutes (sap). (Entered: 11/09/2023)
2023-11-1427DOCUMENT FILED IN ERROR- (ane) Modified on 11/14/2023 (ane). (Entered: 11/14/2023)
2023-11-1528MOTION for Leave to File Matters Under Seal re: 1 Complaint, 26 Amended Complaint,,, with Brief In Support by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (Attachments: # 1 Brief Plaintiffs' Memorandum in Support of Motion for Leave to File Under Seal, # 2 Text of Proposed Order)(Lax, Irene) (Entered: 11/15/2023)
2023-11-2229ORDER: The Court DIRECTS Defendants to file a notice by December 4, 2023, informing the Court as to whether they consent to the filing of the amended complaint. The Clerk is DIRECTED to submit this matter to the undersigned upon the filing of Defendants' notice or on December 5, 2023, whichever occurs first. Signed by Judge Sarah E. Geraghty on 11/22/2023. (ane) (Entered: 11/22/2023)
2023-11-2230(WITHDRAWN PER THE 41 NOTICE) Memorandum of Law in Support re 28 MOTION for Leave to File Matters Under Seal re: 1 Complaint, 26 Amended Complaint filed by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Lax, Irene) Modified docket text on 12/4/2023 (ane). Modified on 2/20/2024 (sap). (Entered: 11/22/2023)
2023-11-2431ANSWER to 26 Amended Complaint by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General. Discovery ends on 4/22/2024. (Attachments: # 1 Exhibit OIG Report)(Williams, Melaine) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 11/24/2023)
2023-11-27Submission of 25 Consent MOTION to Withdraw Andrew Christian Fels as Attorney to District Judge Sarah E. Geraghty. (sap) (Entered: 11/27/2023)
2023-12-0432NOTICE by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General, U.S. Department of Homeland Security Office of the Secretary re 29 Order (Williams, Melaine) Modified on 12/5/2023 (ane). (Entered: 12/04/2023)
2023-12-04Submission of 28 MOTION for Leave to File Matters Under Seal re: 1 Complaint, 26 Amended Complaint to District Judge Sarah E. Geraghty. (sap) (Entered: 12/04/2023)
2023-12-05Submission of 29 Order to District Judge Sarah E. Geraghty. (sap) (Entered: 12/05/2023)
2023-12-2633MOTION for Relief from Local Rules and MOTION to Stay Litigation Deadlines with Brief In Support by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General, U.S. Department of Homeland Security Office of the Secretary. (Attachments: # 1 Text of Proposed Order)(Williams, Melaine). Added MOTION to Stay on 12/28/2023 (sap). (Entered: 12/26/2023)
2023-12-2634PLAINTIFFS' PRELIMINARY REPORT AND DISCOVERY PLAN by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (Lax, Irene) Modified on 12/28/2023 (sap). (Entered: 12/26/2023)
2023-12-28NOTICE OF HEARING: A Telephone Conference is SCHEDULED for 1/11/2023 at 10:00 AM before Judge Sarah E. Geraghty. (sap) (Entered: 12/28/2023)
2023-12-2935APPLICATION for Admission of Kathryne Hemmings Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13125386).by Jane Doe. (Owings, Sarah) Documents for this entry are not available for viewing outside the courthouse. (Entered: 12/29/2023)
2023-12-29APPROVAL by Clerks Office re: 35 APPLICATION for Admission of Kathryne Hemmings Pro Hac Vice (Application fee $ 100, receipt number AGANDC-13125386).. Attorney Kathryne Hemmings added appearing on behalf of Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. E-filing access may be requested after an order granting the application is entered. (djs) (Entered: 12/29/2023)
2024-01-0336ORDER GRANTING 35 Application for Admission Pro Hac Vice of Kathryne Hemmings. Signed by Judge Sarah E. Geraghty on 1/3/2024. If the applicant does not have CM/ECF access in the Northern District of Georgia already, they must request access at http://pacer.gov. If they have electronically filed in this district in a previous case, please omit this step.(ane) (Entered: 01/03/2024)
2024-01-03Clerk's Certificate of Mailing as to Kathryne Hemmings re 36 Order on Application for Admission PHV. (ane) (Entered: 01/03/2024)
2024-01-0937STATUS REPORT regarding the Briefing Schedule by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General. (Williams, Melaine) (Entered: 01/09/2024)
2024-01-1138ORDER GRANTING 33 Motion for Relief and stay of Litigation deadlines. The deadlines set forth in Local Rules 16.2 and 26.1, and all other applicable deadlines except as set forth in this order, are STAYED pending adjudication of the parties' motions for summary judgment. All document production shall be completed by December 31, 2024. The Defendants' deadline for providing Vaughn Indexes shall be January 31, 2025. The Plaintiffs' deadline for raising any challenges to Defendants' production shall be February 14, 2025. Any motions for summary judgment shall be filed by March 14, 2025. The briefing schedule for responses and replies shall be in accordance with LR 7.1(B), NDGa. Signed by Judge Sarah E. Geraghty on 1/11/2024. (ane) (Entered: 01/11/2024)
2024-01-1139Minute Entry for proceedings held before Judge Sarah E. Geraghty: Telephone Conference held on 1/11/2024. The Court GRANTED Plaintiffs' 25 Motion to Withdraw Andrew Christian Fels as counsel and Plaintiffs' 28 Motion for Leave to File Matters Under Seal. The Clerk was DIRECTED to terminate Andrew Christian Fels as counsel for Plaintiffs. After hearing from Plaintiffs that they wished to withdraw their Doc. 30 , the Court DIRECTED Plaintiffs to file a notice of withdrawal. (Court Reporter Melissa Brock) (sap) (Entered: 01/12/2024)
2024-01-2440NOTICE by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. Withdrawal of Irene R. Lax (Hart, Barbara) (Entered: 01/24/2024)
2024-02-1441NOTICE of Withdrawal re 30 Memorandum of Law in Support by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc. (Hemmings, Kathryne) Modified on 2/20/2024 (sap). (Entered: 02/14/2024)
2024-02-1542MOTION for Partial Judgment on the Pleadings with Brief In Support by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (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 Text of Proposed Order, # 11 Brief in Support of Motion for Declaratory Judgment)(Hemmings, Kathryne) Modified text on 2/16/2024 (ane). (Entered: 02/15/2024)
2024-02-2843MOTION for Leave to File Excess Pages by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (Attachments: # 1 Text of Proposed Order)(Hemmings, Kathryne) (Entered: 02/28/2024)
2024-02-2944RESPONSE in Opposition re 42 MOTION for Partial Judgment on the Pleadings filed by U. S. Immigration and Customs Enforcement, U.S. Department of Homeland Security, U.S. Department of Homeland Security Office for Civil Rights and Civil Liberties, U.S. Department of Homeland Security Office of the Inspector General. (Attachments: # 1 Exhibit 1 (CRCL FOIA Response, Oct 20, 2022), # 2 Exhibit 2 (Feb 27-28 Emails between Counsel), # 3 Exhibit 3 (Feb 7 Email re OIG Production))(Williams, Melaine) (Entered: 02/29/2024)
2024-03-0445ORDER GRANTING Plaintiffs' 43 Motion for Leave to File Excess Pages. Signed by Judge Sarah E. Geraghty on 3/4/2024. (ane) (Entered: 03/04/2024)
2024-03-1446REPLY to Response to Motion re 42 MOTION for Partial Judgment on the Pleadings Plaintiffs' Reply to Defendants' Opposition to Plaintiffs' Rule 12(c) Motion for Judgment on the Pleadings filed by Jane Doe, Project South: The Institute for the Elimination of Poverty and Genocide, Inc.. (Hart, Barbara) (Entered: 03/14/2024)
2024-03-15Submission of 42 MOTION for Partial Judgment on the Pleadings to District Judge Sarah E. Geraghty. (sap) (Entered: 03/15/2024)
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