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Case TitleACLU Foundation of Texas, Inc. v. US Department of Homeland Security et al
DistrictSouthern District of Texas
CityHouston
Case Number4:2020cv00397
Date Filed2020-02-05
Date Closed2021-03-26
JudgeJudge Andrew S Hanen
PlaintiffACLU Foundation of Texas, Inc.
Case DescriptionThe ACLU of Texas submitted a FOIA request to the Department of Homeland Security for records concerning the administrative and criminal warrants served on CVE Technology Group when searching for undocumented workers. The ACLU of Texas also requested a fee waiver. The agency acknowledged receipt of the request. The agency denied the request on the basis of Exemption 7(A) (interference with ongoing investigation or proceeding). The ACLU of Texas filed an administrative appeal of the denial. The agency upheld the denial on appeal. The ACLU of Texas then filed suit.
Complaint issues: Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUS Department of Homeland Security
DefendantUS Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-02-051COMPLAINT against US Department of Homeland Security, US Immigration and Customs Enforcement (Filing fee $400, receipt number 0541-24110725) filed by ACLU Foundation of Texas, Inc.. (Attachments: # 1 Complaint, # 2 Exhibit Exhibit A, # 3 Exhibit Exhibit B, # 4 Exhibit Exhibit C, # 5 Exhibit Exhibit D, # 6 Exhibit Exhibit E, # 7 Exhibit Exhibit F)(Donatti, David) Payment information added on 2/5/2020 (ltien, 4). (Entered: 02/05/2020)
2020-02-062ORDER for Initial Pretrial and Scheduling Conference and Order to Disclose Interested Persons. Initial Conference set for 6/2/2020 at 10:00 AM in Courtroom 704 before Magistrate Judge Frances H Stacy. (Signed by Judge Andrew S Hanen) Parties notified.(LoriPurifoyadi, 4) (Entered: 02/06/2020)
2020-02-103NOTICE of Appearance by Andre Ivan Segura on behalf of ACLU Foundation of Texas, Inc., filed. (Donatti, David) (Entered: 02/10/2020)
2020-02-104NOTICE of Appearance by Edgar Saldivar on behalf of ACLU Foundation of Texas, Inc., filed. (Donatti, David) (Entered: 02/10/2020)
2020-02-195CERTIFICATE OF INTERESTED PARTIES by ACLU Foundation of Texas, Inc., filed.(Donatti, David) (Entered: 02/19/2020)
2020-02-196Request for Issuance of Summons as to US Department of Homeland Security, US Immigration and Customs Enforcement, filed. (Attachments: # 1 Unredacted attachment Summons, # 2 Unredacted attachment Summons, # 3 Unredacted attachment Summons)(Donatti, David) (Entered: 02/19/2020)
2020-02-217Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General. Issued summons returned to plaintiff by First-class mail, filed. (Attachments: # 1 Summon, # 2 Summon, # 3 Summon)(hlerma, 4) (Entered: 02/21/2020)
2020-03-118RETURN of Service of SUMMONS Executed as to US Department of Homeland Security served on 3/2/2020, answer due 5/1/2020; US Immigration and Customs Enforcement served on 3/2/2020, answer due 5/1/2020, filed.(Donatti, David) (Entered: 03/11/2020)
2020-03-279NOTICE Regarding Defendants' Answer Deadline by ACLU Foundation of Texas, Inc., filed. (Donatti, David) (Entered: 03/27/2020)
2020-03-3010Unopposed MOTION for Extension of Time to Respond to Complaint by US Department of Homeland Security, US Immigration and Customs Enforcement, filed. Motion Docket Date 4/20/2020. (Attachments: # 1 Proposed Order)(Rodriguez, Jimmy) (Entered: 03/30/2020)
2020-04-0211ORDER granting 10 Motion for Extension of Time. Responses to Plaintiff's Complaint is extended to April 22, 2020..(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 04/02/2020)
2020-04-2212ANSWER to 1 Amended Complaint/Counterclaim/Crossclaim etc., by US Department of Homeland Security, US Immigration and Customs Enforcement, filed.(Rodriguez, Jimmy) (Entered: 04/22/2020)
2020-05-1913JOINT DISCOVERY/CASE MANAGEMENT PLAN by US Department of Homeland Security, US Immigration and Customs Enforcement, filed.(Rodriguez, Jimmy) (Entered: 05/19/2020)
2020-05-2714ORDER that the parties are to file a JDCMP and a briefing scheduling by 6/2/2020. The current conference set for 6/2/2020 is Canceled. (Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 05/27/2020)
2020-05-27Conference set for 6/2/2020 is terminated. (bwhite, 4) (Entered: 05/27/2020)
2020-06-0215NOTICE of Proposed Briefing Schedule re: 14 Order by US Immigration and Customs Enforcement, filed. (Attachments: # 1 Proposed Order Briefing Schedule)(Rodriguez, Jimmy) (Entered: 06/02/2020)
2020-06-0416ORDER for Motion deadlines Deft's Motions due by 7/20/2020 Pla's Motion Filing due by 8/10/2020. Deft's Responses due by 8/14/2020. Pla's Replies due by 9/7/2020(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) (Entered: 06/04/2020)
2020-07-1517NOTICE of attorney substitution by US Department of Homeland Security, US Immigration and Customs Enforcement. Attorney Jose Vela Jr. added. Attorney Jimmy Anthony Rodriguez terminated, filed. (Vela, Jose) (Entered: 07/15/2020)
2020-07-2018MOTION for Summary Judgment by US Department of Homeland Security, US Immigration and Customs Enforcement, filed. Motion Docket Date 8/10/2020. (Attachments: # 1 Exhibit, # 2 Proposed Order)(Vela, Jose) (Entered: 07/20/2020)
2020-08-1019RESPONSE to 18 MOTION for Summary Judgment filed by ACLU Foundation of Texas, Inc.. (Attachments: # 1 Proposed Order)(Donatti, David) (Entered: 08/10/2020)
2020-08-11*** In reference to Order 16 the Deft's Response deadline is corrected to reflect the deadline 8/24/2020., filed. (bwhite, 4) (Entered: 08/11/2020)
2020-08-2420REPLY to 19 Response to Motion for Summary Judgment and Response to Plaintiff's Cross Motion for Summary Judgment , filed by US Department of Homeland Security, US Immigration and Customs Enforcement. (Vela, Jose) (Entered: 08/24/2020)
2020-09-0821REPLY to 19 Response to Motion for Summary Judgment and Cross Motion for Summary Judgment , filed by ACLU Foundation of Texas, Inc.. (Donatti, David) (Entered: 09/08/2020)
2020-09-1722ORDER OF REFERRAL TO MAGISTRATE JUDGE. This case is TRANSFERRED to United States Magistrate Judge Frances H Stacy for all pretrial matters to include the issuance of a Memorandum and Recommendation on any dispositive matters. (Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 09/17/2020)
2020-12-1723NOTICE of Setting. Parties notified. ( Hearing will be held by video, and the information will be sent in an email closer to the hearing date). Motion Hearing set for 1/13/2021 at 10:45 AM before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 12/17/2020)
2021-01-0424NOTICE of Resetting. Parties notified. Initial Conference set for 2/3/2021 at 10:00 AM before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 01/04/2021)
2021-01-04Hearing set for 1/13/2021 and 2/3/2021 are terminated. (bwhite, 4) (Entered: 01/04/2021)
2021-01-0425NOTICE of Setting. Parties notified. Motion Hearing set for 1/15/2021 at 10:00 AM before Magistrate Judge Frances H Stacy, filed. (bwhite, 4) (Entered: 01/04/2021)
2021-01-15Minute Entry for proceedings held before Magistrate Judge Frances H Stacy. MOTION HEARING held on 1/15/2021 as to Motion for Summary Judgment 18 ; In camera documents ddl 2/1/2021; Brief ddl 2/15/2021; response ddl 3/1/2021. Appearances: David Alexander Donatti, Edgar Saldivar, Andre Ivan Segura, Jose Vela, Jr.(Court Reporter: F Warner)(Digital # 10:00-10:36), filed.(bwhite, 4) (Entered: 01/15/2021)
2021-02-2226SUPPLEMENT to 18 MOTION for Summary Judgment by US Department of Homeland Security, US Immigration and Customs Enforcement, filed.(Vela, Jose) (Entered: 02/22/2021)
2021-03-0127RESPONSE to 26 Supplement , filed by ACLU Foundation of Texas, Inc.. (Donatti, David) (Entered: 03/01/2021)
2021-03-0828MEMORANDUM AND RECOMMENDATIONS re : granting 18 MOTION for Summary Judgment ; denying 19 ACLU Motion for Summary Judgment ; Memorandum and Recommendation Objections to M&R due by 3/22/2021(Signed by Magistrate Judge Frances H Stacy) Parties notified.(bwhite, 4) Modified on 3/8/2021 (bwhite, 4). (Entered: 03/08/2021)
2021-03-2229OBJECTIONS to 28 Memorandum and Recommendations, filed by ACLU Foundation of Texas, Inc.. (Donatti, David) (Entered: 03/22/2021)
2021-03-2630ORDER ADOPTING MEMORANDUM AND RECOMMENDATIONS re: granting 18 MOTION for Summary Judgment , adopting 28 Memorandum and Recommendations. Plaintiffs Objections (Doc. No. 29) are OVERRULED; the Memorandum and Recommendation (Doc. No. 28) is ADOPTED; Defendants' Motion for Summary Judgment (Doc. No. 18) is GRANTED; and Plaintiffs Cross Motion for Summary Judgment (Doc. No. 19) is DENIED.(Signed by Judge Andrew S Hanen) Parties notified.(jdav, 4) (Entered: 03/26/2021)
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by FOIA Project Staff
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