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Case TitleNorthwest Immigrant Rights Project v. United States Department of Homeland Security et al
DistrictWestern District of Washington
CitySeattle
Case Number2:2023cv01127
Date Filed2023-07-28
Date ClosedOpen
JudgeDistrict Judge Kymberly K. Evanson
PlaintiffNorthwest Immigrant Rights Project
Case DescriptionNorthwest Immigrants Rights Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning incident records required pursuant to the Performance-Based National Detention Standards including but not limited to a non-exhaustive list of required reporting methods related to a February 1, 2023, complaint. NWIRP also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NWIRP filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
Complaint attachment 3
Opinion/Order [4]
Opinion/Order [12]
Opinion/Order [21]
Opinion/Order [23]
Opinion/Order [25]
Opinion/Order [28]
Opinion/Order [30]
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-281COMPLAINT against All Defendants (Receipt # AWAWDC-8104797) filed by Northwest Immigrant Rights Project. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Immigration and Customs Enforcement, # 3 Summons U.S. Department of Homeland Security)(Adams, Matt) (Entered: 07/28/2023)
2023-08-01Judge Barbara J. Rothstein added. (MG) (Entered: 08/01/2023)
2023-08-012Summons(es) Electronically Issued as to defendant(s) United States Department of Homeland Security, United States Immigration and Customs Enforcement (Attachments: # 1 Summons) (MG) (Entered: 08/01/2023)
2023-08-01Judge Thomas S. Zilly added. Judge Barbara J. Rothstein no longer assigned to case. (MG) (Entered: 08/01/2023)
2023-08-01NOTICE: Pursuant to Fed.R.Civ.P 7.1(a)(1), Plaintiff(s) must file a Corporate Disclosure Statement by 8/8/2023. If applicable, a Diversity Disclosure Statement may be required pursuant to Fed.R.Civ.P 7.1(a)(2). In order to properly notify the Court, use the event Corporate/Diversity Disclosure Statement located in CM/ECF under Other Filings, Other Documents. (MG) (Entered: 08/01/2023)
2023-08-013CORPORATE DISCLOSURE STATEMENT indicating no Corporate Parents and/or Affiliates. Filed pursuant to Fed.R.Civ.P 7.1(a)(1). Filed by Northwest Immigrant Rights Project. (Aldana Madrid, Glenda) (Entered: 08/01/2023)
2023-08-044MINUTE ORDER. Having reviewed the complaint in this matter, the Court concludes that this proceeding is exempt from the initial disclosure requirements of Federal Rule of Civil Procedure 26(a)(1)(A) and the initial conference requirements of Federal Rule of Civil Procedure 26(f). Counsel are directed to confer and to file a JOINT STATUS REPORT by 10/20/2023. This Minute Order is issued at the outset of the case, and a copy is sent by the Clerk to counsel for plaintiff and any defendants who have appeared. Plaintiff's counsel is directed to serve copies of this Minute Order on all parties who appear after this Order is filed, within fourteen (14) days of receipt of service of each appearance. Plaintiff's counsel will be responsible for starting the communications needed to comply with this Minute Order. Authorized by Judge Thomas S. Zilly. (MJV) (Entered: 08/04/2023)
2023-09-055NOTICE of Appearance by attorney Nickolas Bohl on behalf of Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Bohl, Nickolas) (Entered: 09/05/2023)
2023-09-056ANSWER to 1 Complaint, AND AFFIRMATIVE DEFENSES by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Bohl, Nickolas) (Entered: 09/05/2023)
2023-09-07Case Reassigned to District Judge Kymberly K Evanson. Judge Thomas S. Zilly no longer assigned to the case. (LC) (Entered: 09/07/2023)
2023-09-137AFFIDAVIT of Mailing of Summons and Complaint to US Immigration and Customs Enforcement, US Department of Homeland Security, Civil Process Clerk on 8/2/2023, filed by Plaintiff Northwest Immigrant Rights Project. (Attachments: # 1 Exhibit Certified Mail Receipts)(Adams, Matt) (Entered: 09/13/2023)
2023-10-028STANDING ORDER REGARDING 28 U.S.C. § 455(b)(2) AND CANON 3(C)(1)(B) OF THE CODE OF CONDUCT FOR UNITED STATES JUDGES by District Judge Kymberly K. Evanson. (DS) (Entered: 10/02/2023)
2023-10-199JOINT STATUS REPORT signed by all parties. Estimated Trial Days: 1. (Bohl, Nickolas) (Entered: 10/19/2023)
2023-10-3110NOTICE of Hearing: Scheduling Conference set for 11/15/2023 at 10:00 AM in Courtroom 16106 before District Judge Kymberly K. Evanson.(DS) (Entered: 10/31/2023)
2023-11-1511MINUTE ENTRY for proceedings held before District Judge Kymberly K. Evanson - Dep Clerk: D. Staples ; Pla Counsel: Matt Adams, Glenda M Aldana Madrid, Aaron Korthuis ; Def Counsel: Nickolas Bohl ; CR: Debbie Zurn ; Time of Hearing: 10:00 AM ; Courtroom: 16106 ; Scheduling Conference held on 11/15/2023. The Court and counsel discuss case status and scheduling. Order to be issued. (DS) (Entered: 11/15/2023)
2023-11-1612CASE SCHEDULING ORDER. Defendants are ORDERED to produce all responsive documents and all responsive audio/video files no later than 1/31/2024. The parties are ORDERED to file a joint status report no later than 2/29/2024, to propose a briefing schedule required for any motions related to Defendants' production and/or address whether any issues remain for the Court to resolve. Signed by District Judge Kymberly K. Evanson. (SB) (Entered: 11/16/2023)
2023-12-1813ORDER REGARDING CHAMBERS PROCEDURES IN CIVIL CASES Signed by District Judge Kymberly K. Evanson. (DS) (Entered: 12/18/2023)
2024-01-2914STATUS REPORT by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement (Bohl, Nickolas) (Entered: 01/29/2024)
2024-01-2915DECLARATION of Fernando Pineiro re 14 Status Report by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement (Bohl, Nickolas) (Entered: 01/29/2024)
2024-01-3016RESPONSE by Plaintiff Northwest Immigrant Rights Project re 14 Status Report (Aldana Madrid, Glenda) (Entered: 01/30/2024)
2024-01-3117NOTICE of Appearance by attorney Katie Denise Fairchild on behalf of Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Fairchild, Katie) (Entered: 01/31/2024)
2024-01-3118NOTICE of Hearing: Status Conference set for 2/6/2024 at 10:00 AM in Courtroom 16106 before District Judge Kymberly K. Evanson. (DS) (Entered: 01/31/2024)
2024-02-0619MINUTE ENTRY for proceedings held before District Judge Kymberly K. Evanson - Dep Clerk: D. Staples ; Pla Counsel: Matt Adams, Glenda M Aldana Madrid, Leila Kang, Aaron Korthuis ; Def Counsel: Nickolas Bohl, Katie Denise Fairchild. ; CR: Marci Chatelain ; Time of Hearing: 10:00 AM ; Courtroom: 16106 ; Status Conference held on 2/6/2024. Fernando Pineiro (ICE FOIA Representative) and Ari Fried (ICE Agency Counsel) appear via Zoom. The Court and Counsel discuss the status of the pending Freedom of Information Act request. Parties to file a joint status report by 2/7/2024 outlining areas of agreement as well as issues that remain for the Court. (DS) (Entered: 02/06/2024)
2024-02-0720JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 02/07/2024)
2024-02-0821ORDER Continuing Case Deadlines. Based on the representations made at the status conference as to Defendants' technological and personnel capacity, the Court ORDERS Defendants to produce the high-priority video no later than 2/16/2024, and the remaining video by 3/8/2024. Any further extension of these production deadlines should not be expected. The parties are further ORDERED to file a joint status report no later than 3/29/2024, to propose a briefing schedule required for any motions related to Defendants' production and/or address whether any issues remain for the Court to resolve. Signed by District Judge Kymberly K. Evanson. (SB) (Entered: 02/08/2024)
2024-03-2922JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 03/29/2024)
2024-04-0123ORDER as to Production Deadlines and Status Report. Defendants shall complete their search for responsive records as enumerated in Plaintiff's list no later than 4/5/2024. If no responsive records are found, Defendants shall provide a draft declaration to Plaintiff on 4/5/2024, describing the search process Defendants used. The parties shall file a status report as to any outstanding issues no later than 4/12/2024, and include a proposed briefing schedule, if necessary. If responsive records are found, they shall be produced to Plaintiff no later than 4/19/2024, and the parties shall file a status report as to any outstanding issues no later than 4/29/2024, and include a proposed briefing schedule, if necessary. Signed by District Judge Kymberly K. Evanson. (SB) (Entered: 04/01/2024)
2024-04-2924Stipulated MOTION FOR ADDITIONAL TIME TO FILE A JOINT STATUS REPORT , filed by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. Noting Date 4/29/2024, (Bohl, Nickolas) (Entered: 04/29/2024)
2024-04-2925ORDER granting Parties' 24 Stipulated MOTION for Additional Time to File a Joint Status Report. No later than 5/6/2024, the parties shall file a joint status report, including any proposed briefing schedule. Signed by District Judge Kymberly K. Evanson. (SB) (Entered: 04/30/2024)
2024-05-0626JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 05/06/2024)
2024-06-0727JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 06/07/2024)
2024-06-1028ORDER re Parties' 27 Supplemental Joint Status Report. The parties shall file a Joint Status Report by 8/16/2024, informing the Court of the status of the parties' negotiations regarding attorney's fees. Plaintiff will file any petition for fees by 8/23/2024; Defendants will file their opposition by 9/13/2024; and Plaintiff will file its reply, if any, by 9/23/2024. Signed by District Judge Kymberly K. Evanson. (KRA) (Entered: 06/10/2024)
2024-08-1529JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 08/15/2024)
2024-08-1630ORDER Extending Briefing Schedule on Fee Petition. No later than 9/13/2024, the parties shall file a joint status report describing the status of the parties' fee negotiations. If necessary, Plaintiff will file a fee petition no later than 9/20/2024. Defendants may file an opposition no later than 10/11/2024. Plaintiff may file a reply brief no later than 10/21/2024. Signed by District Judge Kymberly K. Evanson. (SB) (Entered: 08/16/2024)
2024-09-1331JOINT STATUS REPORT signed by all parties. (Bohl, Nickolas) (Entered: 09/13/2024)
2024-09-1632ORDER Vacating Deadlines. The parties have informed the Court that they have resolved this matter, and request 90 days to perfect settlement before filing a notice of voluntary dismissal. Dkt. No. 31 . The Court commends the parties for their work on this case and VACATES all pending deadlines. The parties shall file a notice of voluntary dismissal no later than 12/16/2024. Signed by District Judge Kymberly K. Evanson. (SB) (Entered: 09/16/2024)
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