Case Detail

FOIA Project Annotation: A federal court in New Hampshire has ruled that U.S. Customs and Border Protection properly responded to FOIA requests from the ACLU of New Hampshire concerning the agency's immigration patrol operations in New Hampshire. Based on two incidents involving plainclothes agents who arrested individuals miles from the Canadian border, the ACLU of New Hampshire filed two FOIA requests with the agency asking for records concerning roving patrol operations. The agency provided two responses that included 108 I-213 forms, which are similar to police reports and document the details of an arrest of a non-citizen. As part of discussions during litigation, CBP agreed to disclose more information from 14 I-213s but not for the remaining 94 I-213s. The agency also provided three separate Vaughn indices. The ACLU of New Hampshire argued that the indices did not explain why CBP withheld in full 94 of the I-213s, and why the agency had failed to consider segregation of the withheld materials. While the agency contended that the ACLU of New Hampshire's primary concern was the adequacy of its search rather than the issue of segregability, the court indicated that both issues could be examined in tandem. Judge Landya McCafferty explained that the agency initially decided that all 108 I-213s were responsive, but once the agency had looked more closely at the ACLU's requests, it concluded that only the 14 I-213s for which it provided more information were actually responsive and that the remaining 94 I-213s were not responsive to the ACLU's requests. McCafferty noted that "the change of course during the 'additional review' alone does not justify CBP to turn over these purportedly non-responsive I-213s." But McCafferty observed that "the ACLU has raised a reasonable concern about whether the 94 I-123s are responsive to its request. Although the fact that the documents were initially produced does not alone call into question the adequacy of the search, that issue coupled with the language of [the affidavit] raise a reasonable concern. . .[T]he contested items here are a discrete list of documents that are already before the court, and thus it should be a minimal burden to CBP to file a supplemental affidavit detailing its process and reasoning." The ACLU claimed that the agency's Vaughn indices were insufficient to justify it exemption claims. However, McCafferty indicated that "CBP has detailed why it believes certain information is exempted, and that justification is detailed enough that it affords ACLU an opportunity to consider whether the information is, in fact, exempted."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2019-09-17	1	NEW CASE/ COMPLAINT Filing fee $ 400, receipt number 0102-1863459 filed by American Civil Liberties Union Foundation of New Hampshire. (Attachments: # 1 Exhibit A_FOIA Request, # 2 Exhibit B_Jose I-213, # 3 Exhibit C_Florentin I-213, # 4 Exhibit D_FOIA Acknowledgement Letter, # 5 Exhibit E_FOIA Expedited Processing Disposition, # 6 Exhibit F_FOIA Fee Waiver Disposition, # 7 Exhibit G_FOIAonline Released Records, # 8 Civil Cover Sheet, # 9 Summons - Waiver, # 10 Summons - Waiver, # 11 Summons - Waiver)(Kim, SangYeob) (Entered: 09/17/2019)
2019-09-17	2	NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of American Civil Liberties Union Foundation of New Hampshire Attorney Gilles R. Bissonnette added to party American Civil Liberties Union Foundation of New Hampshire(pty:pla).(Bissonnette, Gilles) (Entered: 09/17/2019)
2019-09-17		Case assigned to Chief Judge Landya B. McCafferty. The case designation is: 1:19-cv-977-LM. Please show this number with the judge designation on all future pleadings. (mc) (Entered: 09/17/2019)
2019-09-17		NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE . (mc) (Entered: 09/17/2019)
2019-09-17	3	Summonses issued electronically as to US Customs and Border Protection. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(mc) (Entered: 09/17/2019)
2019-09-19	4	NOTICE of Attorney Appearance by Henry Klementowicz on behalf of American Civil Liberties Union Foundation of New Hampshire Attorney Henry Klementowicz added to party American Civil Liberties Union Foundation of New Hampshire(pty:pla).(Klementowicz, Henry) (Entered: 09/19/2019)
2019-10-09	5	Return of Service Executed as to US Customs and Border Protection In FOIA CASE (5 U.S.C. 552(a)(4)(C)) by American Civil Liberties Union Foundation of New Hampshire. Served/Mailed on 9/24/2019. Answer Follow Up on 11/26/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit A)(Kim, SangYeob) (Entered: 10/09/2019)
2019-10-18	6	Assented to MOTION to Extend Time to Answer to December 19, 2019 filed by US Customs and Border Protection. Attorney Michael T. McCormack added to party US Customs and Border Protection(pty:dft).(McCormack, Michael) (Entered: 10/18/2019)
2019-10-23		ENDORSED ORDER granting 6 Motion to Extend Time to Answer re 1 Complaint. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Chief Judge Landya B. McCafferty. Answer Follow Up on 12/19/2019. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) (Entered: 10/23/2019)
2019-12-16	7	AMENDED COMPLAINT against US Customs and Border Protection filed by American Civil Liberties Union Foundation of New Hampshire. (Attachments: # 1 Exhibit A_3/25/19 FOIA Request, # 2 Exhibit B_10/17/19 FOIA Request, # 3 Exhibit C_I-213 1, # 4 Exhibit D_I-213 2, # 5 Exhibit E_Acknowledgment Letter - 3/25/19 FOIA Request, # 6 Exhibit F_Expedited Processing Disposition, # 7 Exhibit G_Fee Waiver Disposition, # 8 Exhibit H_Response, # 9 Exhibit I_Acknowledgment Letter - 10/17/19, # 10 Exhibit J_Fee Waiver & Expedited Processing, # 11 Exhibit K_Released Records - 10/17/19 Request)(Kim, SangYeob) (Entered: 12/16/2019)
2019-12-19	8	Assented to MOTION to Extend Time to Answer to January 30, 2020 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 12/19/2019)
2019-12-20		ENDORSED ORDER granting 8 Assented to Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. Answer Follow Up on 1/30/2020. (js) (Entered: 12/23/2019)
2020-01-30	9	Assented to MOTION to Extend Time to Answer to April 15, 2020 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 01/30/2020)
2020-02-05		ENDORSED ORDER granting 9 Assented to Motion to Extend Time to Answer. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone. (js) (Entered: 02/05/2020)
2020-04-13	10	Assented to MOTION to Extend Time to Answer to May 4, 2020 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 04/13/2020)
2020-04-14		ENDORSED ORDER granting 10 Assented to Motion to Extend Time to Answer to May 4, 2020. Text of Order: Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Magistrate Judge Andrea K. Johnstone.(js) (Entered: 04/14/2020)
2020-05-04	11	ANSWER to 7 Amended Complaint,, filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 05/04/2020)
2020-11-30	12	Proposed Discovery Plan /Rule 26(f) Report (Joint) filed by American Civil Liberties Union Foundation of New Hampshire. (Bissonnette, Gilles) (Entered: 11/30/2020)
2020-12-28	13	ORDER approving in part 12 Discovery Plan. Case Track: Standard. So Ordered by Magistrate Judge Andrea K. Johnstone. Summary Judgment Motions due by 8/17/2021. Discovery deadline 2/4/2022. Joint Statement regarding the status of discovery due by 1/5/2022. Mediation Follow Up on 5/17/2021.(js) (Entered: 12/28/2020)
2020-12-28		TRIAL NOTICE: Bench Trial set for the two-week period beginning 4/19/2022 09:00 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 4/7/2022 03:00 PM before Chief Judge Landya B. McCafferty. Pretrial Statements due 3/21/2022. LR 16.2(d) Objections due 4/4/2022.(js) (Entered: 12/28/2020)
2021-05-17	14	Joint Mediation Statement: Mediation not appropriate (Kim, SangYeob) (Entered: 05/17/2021)
2021-05-19		ENDORSED ORDER RE 14 Joint Mediation Statement. Text of Order: Reviewed. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 05/20/2021)
2021-06-09	15	Joint Assented to MOTION to Extend Time to Approximately 60 Days For Deadlines filed by American Civil Liberties Union Foundation of New Hampshire. (Attachments: # 1 Exhibit Attachment)(Kim, SangYeob) (Entered: 06/09/2021)
2021-06-11		ENDORSED ORDER granting 15 Assented to Motion to Extend Time to Approximately 60 Days For Deadlines. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Summary Judgment Motions due by 10/19/2021. Discovery Deadline 10/9/2021.(js) (Entered: 06/14/2021)
2021-06-14		RESET TRIAL DEADLINES: Bench Trial set for the two-week period beginning 6/21/2022 09:00 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 6/9/2022 04:00 PM before Chief Judge Landya B. McCafferty. JERS Statement due 5/23/2022. Pretrial Statements due 5/23/2022. LR 16.2(d) Objections due 6/6/2022. (js) (Entered: 06/14/2021)
2021-06-21		Reset Pretrial Order Deadlines: Discovery deadline 4/1/2022. (js) (Entered: 06/21/2021)
2021-08-17	16	MOTION to Compel Defendant CBP to Produce Adequate Vaughn Index filed by American Civil Liberties Union Foundation of New Hampshire.Follow up on Objection on 8/31/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit A_Vaughn Index Partial Redactions, # 2 Exhibit B_Vaughn Index Partial Redactions Supplemental Production, # 3 Exhibit C_Vaughn Index WIF, # 4 Exhibit D_108 I-213s (Part 1), # 5 Exhibit D_108 I-213s (Part 2), # 6 Exhibit E_14 I-213s, # 7 Exhibit F_Response Letter to CBP 6.7.21, # 8 Exhibit G_Supplemental Response to CBP 6.15.21, # 9 Exhibit H_Operations Order Report Sample, # 10 Exhibit I_I-213 Samples)(Kim, SangYeob) (Entered: 08/17/2021)
2021-08-20	17	Assented to MOTION to Continue and Extend Deadlines and Trial filed by US Customs and Border Protection. (Attachments: # 1 Civil Form 3)(McCormack, Michael) (Entered: 08/20/2021)
2021-08-25		ENDORSED ORDER granting 17 Assented to MOTION to Continue and Extend Deadlines and Trial Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 08/25/2021)
2021-08-25		TRIAL NOTICE: Bench Trial set for the two-week period beginning 7/19/2022 09:00 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference set for 7/6/2022 02:00 PM before Chief Judge Landya B. McCafferty. Pretrial Statements due 6/20/2022. JERS Statement due 6/20/2022. LR 16.2(d) Objections due 7/5/2022. (js) (Entered: 08/25/2021)
2021-09-29	18	Assented to MOTION to Extend Time to Object/Respond to 16 MOTION to Compel Defendant CBP to Produce Adequate Vaughn Index to October 22, 2021 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 09/29/2021)
2021-10-04		ENDORSED ORDER granting 18 Motion to Extend Time to Object/Respond to 16 Motion to Compel. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Objection on 10/22/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) (Entered: 10/04/2021)
2021-10-20	19	Assented to MOTION to Extend Time to Object/Respond to 16 MOTION to Compel Defendant CBP to Produce Adequate Vaughn Index to October 29, 2021 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 10/20/2021)
2021-10-20		ENDORSED ORDER granting 19 Motion to Extend Time to Object/Respond reto 16 Motion to Compel. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Follow up on Objection on 10/29/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) (Entered: 10/21/2021)
2021-10-29	20	Assented to MOTION to Extend Time to Object/Respond to 16 MOTION to Compel Defendant CBP to Produce Adequate Vaughn Index to November 5, 2021 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 10/29/2021)
2021-10-29		ENDORSED ORDER granting 20 Motion to Extend Time to Object/Respond to 16 Motion to Compel. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.Follow up on Objection on 11/5/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (gla) (Entered: 11/01/2021)
2021-11-05	21	OBJECTION to 16 MOTION to Compel Defendant CBP to Produce Adequate Vaughn Index filed by US Customs and Border Protection. Follow up on Reply on 11/12/2021. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Exhibit (Affidavit) A - Declaration of Patrick Howard)(McCormack, Michael) (Entered: 11/05/2021)
2021-11-10	22	Assented to MOTION to Stay All Remaining Deadlines Until Resolution of Motion to Produce Adequate Vaughn Index filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 11/10/2021)
2021-11-10		ENDORSED ORDER granting 22 Motion to Stay All Remaining Deadlines Until Resolution of Motion to Produce Adequate Vaughn Index. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty.(js) (Entered: 11/12/2021)
2021-11-12	23	Assented to MOTION for Leave to File Reply In Support of Plaintiff's Motion to Compel Defendant to Produce An Adequate Vaughn Index filed by American Civil Liberties Union Foundation of New Hampshire. (Attachments: # 1 Exhibit A_Plaintiff's Reply)(Bissonnette, Gilles) (Entered: 11/12/2021)
2021-11-15		ENDORSED ORDER granting 23 Motion for Leave to File Reply In Support of Plaintiff's Motion to Compel Defendant to Produce An Adequate Vaughn Index. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Chief Judge Landya B. McCafferty. Miscellaneous Deadline set for 11/17/2021. (gla) (Entered: 11/15/2021)
2021-11-15	24	REPLY to Objection to Motion re 16 MOTION to Compel Defendant CBP to Produce Adequate Vaughn Index filed by American Civil Liberties Union Foundation of New Hampshire. Surreply due by 11/22/2021. (Bissonnette, Gilles) (Entered: 11/15/2021)
2022-02-22	25	ORDER granting in part and denying in part 16 Motion to Compel. So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered: 02/22/2022)
2022-03-18	26	RESPONSE re 25 Order on Motion to Compel - Supplemental Declaration in Support of Its Objection to Plaintiff's Motion to Compel Defendant to Produce Adequate Vaughn Index filed by US Customs and Border Protection. (Attachments: # 1 Exhibit (Affidavit) A - Supplemental Declaration of Patrick Howard, # 2 Attachment to Exhibit A1 - 4/8/2020 Letter sending 2nd Production, # 3 Attachment to Exhibit A2 - 1/12/2021 Letter sending 3rd Production)(McCormack, Michael) (Entered: 03/18/2022)
2022-04-13	27	Assented to MOTION for New Scheduling Order filed by American Civil Liberties Union Foundation of New Hampshire. (Attachments: # 1 Exhibit Civil Form 3)(Kim, SangYeob) (Entered: 04/13/2022)
2022-04-14		ENDORSED ORDER granting 27 Motion for New Scheduling Order. Text of Order: Granted. The motion is granted, and the proposed scheduling order is approved except that the trial period and jury selection date is May 16, 2023. So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered: 04/14/2022)
2022-06-28		TRIAL NOTICE: Summary Judgment Motions due by 8/12/2022. Pretrial Statements due 4/11/2023. LR 16.2(d) Objections due 4/25/2023. Bench Trial reset for the two-week period beginning 5/16/2023 at 09:00 AM before Chief Judge Landya B. McCafferty. Final Pretrial Conference reset for 5/2/2023 at 02:00 PM before Chief Judge Landya B. McCafferty. (de) (Entered: 06/28/2022)
2022-08-11	28	Assented to MOTION to Extend Time to Extend Deadlines Set Forth in Scheduling Order filed by US Customs and Border Protection. (Attachments: # 1 Civil Form 3)(McCormack, Michael) (Entered: 08/11/2022)
2022-08-22		ENDORSED ORDER granting 28 Motion to Extend Deadlines Set Forth in Scheduling Order. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. (gla) (Entered: 08/22/2022)
2022-08-25	29	Assented to MOTION to Stay All Remaining Deadlines to, and including, November 23, 2022 filed by US Customs and Border Protection. (Attachments: # 1 Exhibit A - new FOIA request)(McCormack, Michael) (Entered: 08/25/2022)
2022-08-25		ENDORSED ORDER granting 29 Assented to Motion to Stay. Text of Order: Granted. A status report shall be filed on or before November 23, 2022. So Ordered by Chief Judge Landya B. McCafferty. Status Report due by 11/23/2022.(de) (Entered: 08/25/2022)
2022-11-07	30	STATUS REPORT by American Civil Liberties Union Foundation of New Hampshire (Kim, SangYeob) (Entered: 11/07/2022)
2022-11-14		ENDORSED ORDER re: 30 Status Report. Text of Order: Reviewed. On November 23, 2022 the stay is set to expire and shall be lifted. In addition, counsel shall submit a proposed briefing schedule re: summary judgment motions and cross motions and a new trial date on or before November 21, 2022. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 11/14/2022)
2022-11-17	31	Proposed Discovery Plan filed by American Civil Liberties Union Foundation of New Hampshire. (Kim, SangYeob) (Entered: 11/17/2022)
2022-11-28		ENDORSED ORDER approving 31 Discovery Plan. Case Track: Standard; Bench Trial (If Necessary: 12/12/2023). Text of Order: Approved and adopted as a pretrial scheduling order. So Ordered by Chief Judge Landya B. McCafferty. Amended Pleading(s) due 12/9/2022. Answer due by 2/10/2023. D's Summary Judgment Motion due by 3/7/2023. P's Cross Motion for SJ and D's Response due 4/7/2023. Further ddls. 5/8/2023, 6/7/2023.(de) (Entered: 11/28/2022)
2022-11-28		Deadline terminated: Bench Trial 05/16/2023 cancelled/continued based on approval of new discovery plan/scheduling order. (de) (Entered: 11/28/2022)
2022-12-08	32	Assented to MOTION to Continue and Extend Deadlines and Trial filed by US Customs and Border Protection. (Attachments: # 1 Civil Form 3)(McCormack, Michael) (Entered: 12/08/2022)
2022-12-16		ENDORSED ORDER granting 32 Assented to Motion to Continue and Extend Deadlines. Text of Order: Granted. So Ordered by Chief Judge Landya B. McCafferty. Amended Pleadings due by 1/20/2023. Response deadline set for 3/24/2023. Summary Judgment Motions due by 4/18/2023. Cross Motion for SJ/Response due 5/19/2023; 6/19/2023, 7/19/2023. Trial if necessary 1/23/2024.(de) (Entered: 12/16/2022)
2023-01-06	33	///STIPULATION of Dismissal as to all claims without prejudice by American Civil Liberties Union Foundation of New Hampshire(Kim, SangYeob) (Entered: 01/06/2023)
2023-01-19		ENDORSED ORDER re: 33 Stipulation of Dismissal as to all claims. Text of Order: Reviewed. So Ordered by Chief Judge Landya B. McCafferty.(de) (Entered: 01/19/2023)
2023-01-19		Civil Case Terminated. (de) (Entered: 01/19/2023)
Hide Docket Events