Case Detail

FOIA Project Annotation: A federal court in Michigan has ruled that the Michigan Immigrant Rights Center failed to show that U.S. Customs and Border Protection should be sanctioned for its failure to respond to the Center's FOIA request within the statutory time limits, including a claim that CBP had a policy or practice of forcing requesters to file suit in order to have their requests processed. District Court Judge Mark Goldsmith first addressed the Center's allegation of bad faith, noting that "conduct is undertaken in bad faith when it is motivated by improper purposes such as harassment or delay. However, 'negligent, even sloppy, performance by the defense counsel,' is insufficient to award monetary sanctions under a court's inherent power.'" Goldsmith recognized that the performance of CBP's Detroit office was filled with ineptitude but observed that "this error nevertheless does not rise to the level of willfulness or bad faith. While Defendants' conduct, in many respects, has been underwhelming and hardly a model of efficient and professional executive action, the Court cannot find that Defendants' recent bungling was deliberate or motivated by an improper purpose." Goldsmith rejected the Center's claim that CBP had a policy or practice of deliberately slowing down FOIA requests. He indicated that "plaintiffs have not explained why those errors must be attributed to institutional failure, rather than human error in this particular episode. Plaintiffs have not meaningfully drawn into question Defendants' position that, but for the erroneous review of relevant document, the last production would have been compliant with the Court's order. Defendants' performance in this case leaves much to be desired, but it does not evidence bad faith, on an institutional or individual level."
Issues: Litigation - Sanctions - Bad faith

FOIA Project Annotation: A federal court in Michigan has ruled that the Michigan Immigrants' Rights Center and the ACLU of Michigan are entitled to attorney's fees for their FOIA litigation against U.S. Customs and Border Protection for access to records on warrantless searches and seizures near international borders. During the course of the nearly 40-month litigation, the parties managed to settle two major disputes through negotiation without court intervention. One issue was whether geographical information could be redacted under Exemption 7(E), while the second issue was a timeline for production of two categories of records. After what was supposed to be the final production of records in December 2019, the agency informed the plaintiffs that it had become aware of an additional 9,200 pages that remained unreviewed and unproduced as a result of an administrative error. The court granted an extension of time to review those documents, which was completed in February 2020. The court agreed that the plaintiffs had substantially prevailed. The court pointed out that "given the protracted amount of time that passed without receiving a satisfactory response from Defendants, filing suit was reasonably necessary for Plaintiffs to obtain the documents requested. Additionally, the fact that Defendants produced a minimal number of documents before Plaintiffs filed suit does not undermine a finding that the lawsuit was the catalyst for later productions." While the agency acknowledged that the plaintiffs were eligible for a fee award, it argued that they should not be entitled to fees for portions of the litigation for which they did not substantially prevail. The court rejected the claim, noting that "this piecemeal approach to evaluating eligibility 'is not based in the statute, which clearly speaks about eligibility to receive attorney's fees for cases, not particular pieces of work within a case.' Instead, the degree of a plaintiff's success on a particular piece of work is relevant to the ultimate determination of whether the entire amount of fees claimed is reasonable." The court found that the litigation was in the public interest and that none of the plaintiffs had any personal or commercial interest in the disclosure. The agency argued that the fact that the parties had been able to successfully resolve disputes indicated that it had a reasonable basis in law for its claims. The court disagreed, pointing out that "this does not necessarily establish that Defendants had a reasonable basis for withholding documents. In fact, Defendant's agreement to produce documents suggests that opposite â€" that they had no justifiable basis for withholding them." The court found that the hourly rates should be based on the Michigan Bar Survey. The court also found the plaintiffs' billing entries were appropriate, including a motion for sanctions that, while suggested by the court, was ultimately denied. However, the court observed that "the fact that the motion was denied does not mean it did not produce some benefit, and it certainly does not diminish the Plaintiffs' ultimate success."
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2016-11-30	1	COMPLAINT filed by All Plaintiffs against All Defendants. Plaintiff requests summons issued. Receipt No: 0645-5979051 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - County of 1st Defendant: USA. [ Previously dismissed case: No] [ Possible companion case(s): None ] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (5/21/15 FOIA Request)) (Damren, Samuel) (Entered: 11/30/2016)
2016-11-30	2	EXHIBIT re 1 Complaint,, by All Plaintiffs (Attachments: # 1 Exhibit B (Cover email), # 2 Exhibit C (7/13/15 resubmission of FOIA request), # 3 Exhibit D (FOIA Receipt), # 4 Exhibit E (10/6/15 email), # 5 Exhibit F (10/14/15 Aukerman Leter), # 6 Exhibit G (10/21/15 (email), # 7 Exhibit H (11/19/15 Aukerman Letter)) (Damren, Samuel) (Entered: 11/30/2016)
2016-11-30	3	EXHIBIT re 1 Complaint,, by All Plaintiffs (Attachments: # 1 Exhibit I (1/12/16 Howard Letter), # 2 Exhibit J (2/29/16 Appeal Letter), # 3 Exhibit K (5/9/16 Closure Letter), # 4 Exhibit L (9/30/16 Suzuki Letter), # 5 Exhibit M (10/21/15 Email), # 6 Exhibit N (10/30/15 Email), # 7 Exhibit O (10/26/16 Aukerman Email), # 8 Exhibit P (2/26/16 Plaintiffs' Letter)) (Damren, Samuel) (Entered: 11/30/2016)
2016-11-30	4	ATTORNEY APPEARANCE: Miriam J. Aukerman appearing on behalf of All Plaintiffs (Aukerman, Miriam) (Entered: 11/30/2016)
2016-11-30	5	NOTICE of Appearance by Corey Q. Wheaton on behalf of Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce, Michigan Immigrant Rights Center. (Wheaton, Corey) (Entered: 11/30/2016)
2016-11-30		A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LGra) (Entered: 11/30/2016)
2016-11-30	6	SUMMONS Issued for *Customers and Border Protection* (LGra) (Entered: 11/30/2016)
2016-11-30	7	SUMMONS Issued for *Department of Homeland Security* (LGra) (Entered: 11/30/2016)
2016-12-15	8	SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LGra) (Entered: 12/15/2016)
2016-12-30	9	NOTICE of Appearance by Derri T. Thomas on behalf of Customers and Border Protection, Department of Homeland Security. (Thomas, Derri) (Entered: 12/30/2016)
2017-01-03	10	STIPULATED ORDER Extending Time to Answer 1 Complaint; Responsive Pleading due by 2/6/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 01/03/2017)
2017-02-06	11	NOTICE of Appearance by Emily B. Nestler on behalf of All Defendants. (Nestler, Emily) (Entered: 02/06/2017)
2017-02-06	12	ANSWER to Complaint by All Defendants. (Nestler, Emily) (Entered: 02/06/2017)
2017-02-09	13	NOTICE TO APPEAR: Scheduling Conference set for 3/3/2017 09:30 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 02/09/2017)
2017-02-21		Reset Deadlines/Hearings: Scheduling Conference reset for 3/24/2017 09:30 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 02/21/2017)
2017-03-20	14	MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition by All Plaintiffs. (Damren, Samuel) (Entered: 03/20/2017)
2017-03-21		TEXT-ONLY NOTICE: Scheduling Conference on 3/24/2017 is Cancelled. (WBar) (Entered: 03/21/2017)
2017-03-21	15	Notice of Determination of Motion Without Oral Argument re 14 MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition (WBar) (Entered: 03/21/2017)
2017-03-23	16	STIPULATION for Defendants to file First Amended Answer by All Defendants (Attachments: # 1 Exhibit First Amended Answer) (Nestler, Emily) (Entered: 03/23/2017)
2017-03-24		TEXT-ONLY ORDER Granting 16 Stipulation for Leave to File Amended Answer. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/24/2017)
2017-04-03	17	RESPONSE to 14 MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition , or in the Alternative, Cross-Motion to Strke Certain Allegations in the Complaint filed by All Defendants. (Nestler, Emily) (Entered: 04/03/2017)
2017-04-10	18	REPLY to Response re 14 MOTION Motion to Deem Certain Allegations in the Complaint Admitted Under Fed.R.Civ.Pro. 8(B)(6) or, In The Alternative, to Take a Limited Fed.R.Civ.Pro. 30(B)(6) Deposition filed by All Plaintiffs. (Attachments: # 1 Exhibit A - 4-6-17 Correspondence from U.S. Customs and Border Protection) (Damren, Samuel) (Entered: 04/10/2017)
2017-06-08	19	OPINION AND ORDER denying 14 Motion to Deem Certain Allegations in the Complaint Admitted. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/08/2017)
2017-06-08	20	NOTICE TO APPEAR: Scheduling Conference set for 7/14/2017 10:00 AM before District Judge John Corbett O'Meara, or file Rule 26(f) Plan. (WBar) (Entered: 06/08/2017)
2017-07-11	21	DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Damren, Samuel) (Entered: 07/11/2017)
2017-07-12		TEXT-ONLY NOTICE: Scheduling Conference on 7/14/17 is Cancelled re 20 Notice to Appear (WBar) (Entered: 07/12/2017)
2017-07-28	22	AMENDED COMPLAINT filed by All Plaintiffs against All Defendants. NO NEW PARTIES ADDED. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (5/21/15 FOIA Request), # 3 Exhibit B (5/21/15 Cover Email), # 4 Exhibit C (7/13/15 Resubmission of FOIA Request), # 5 Exhibit 7/13/15 Receipt of FOIA Request), # 6 Exhibit 10/6/15 Email Deny Expedited Processing), # 7 Exhibit F (10/14/15 Letter Appealing Denial), # 8 Exhibit G (10/21/15 Email re Fee Waiver), # 9 Exhibit 11/19/15 Letter Appealing Failure to Make Timely Determination), # 10 Exhibit I (1/12/16 Letter re Initial Response to FOIA Request), # 11 Exhibit J (2/29/16 Appeal Letter), # 12 Exhibit K (5/9/16 Administrative Closure), # 13 Exhibit L (9/30/16 Letter re Appeal of Expedited Processing), # 14 Exhibit M (10/21/15 Email), # 15 Exhibit N (10/30/15 Email), # 16 Exhibit 10/26/16 Email Seeking Clarification on Case Numbers), # 17 Exhibit P (2/26/16 Letter re Problems with FOIA Online System), # 18 Exhibit Q (5/3/17 2017 FOIA Request), # 19 Exhibit R (5/16/17 2017 FOIA Return Receipt)) (Damren, Samuel) (Entered: 07/28/2017)
2017-08-04	23	STIPULATED ORDER Regarding Scheduling and Discovery Plan; Joint Status Report due by 9/18/2017, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 08/04/2017)
2017-08-11	24	ANSWER to Amended Complaint by Customers and Border Protection, Department of Homeland Security. (Nestler, Emily) (Entered: 08/11/2017)
2017-09-18	25	JOINT REPORT AND PROPOSED SCHEDULE by All Plaintiffs (Wheaton, Corey) (Entered: 09/18/2017)
2017-09-25		Set Deadline: Joint Status Report due by 10/26/2017 (WBar) (Entered: 09/25/2017)
2017-10-25	26	JOINT REPORT AND PROPOSED SCHEDULE by American Civil Liberties Union of Michigan, Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce, Michigan Immigrant Rights Center (Wheaton, Corey) (Entered: 10/25/2017)
2017-10-27		Set Deadline: Joint Status Report due by 11/29/2017 (WBar) (Entered: 10/27/2017)
2017-11-29	27	Joint Status Report REPORT by All Plaintiffs (Wheaton, Corey) (Entered: 11/29/2017)
2017-12-14		TEXT-ONLY ORDER Adopting 27 Joint Status Report; Defendants' Motion for Partial Summary Judgment is due 2/14/2018, Plaintiffs' Response and Cross-Motion is due by 3/28/2018, Defendants' Reply due 5/9/2018, Plaintiffs' Reply due 6/6/2018, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 12/14/2017)
2018-02-14	28	MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, Declaration of Robert Lewandowski, # 3 Exhibit A-1, # 4 Exhibit A-2, # 5 Exhibit A-3, # 6 Exhibit A-4, # 7 Exhibit A-5, # 8 Exhibit A-6, # 9 Exhibit A-7, # 10 Exhibit A-8) (Nestler, Emily) (Entered: 02/14/2018)
2018-02-15	29	NOTICE OF HEARING on 28 MOTION for Summary Judgment . Motion Hearing set for 6/20/2018 10:00 AM before District Judge John Corbett O'Meara (WBar) (Entered: 02/15/2018)
2018-03-20	30	MOTION for Withdrawal of Attorney and Substitution of Counsel for Emily B. Nestler by Customers and Border Protection, Department of Homeland Security. (Nestler, Emily) (Entered: 03/20/2018)
2018-03-23	31	ORDER granting 30 Motion for Substitution of Counsel. Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 03/23/2018)
2018-03-28	32	MOTION for Partial Summary Judgment and in Opposition to Defendants' Motion for Partial Summary Judgment by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A (Border Patrol Map), # 3 Exhibit B (2015 FOIA Request), # 4 Exhibit C (2/29/16 Dykema Letter), # 5 Exhibit D (2017 FOIA Request), # 6 Exhibit E (Category A Sample), # 7 Exhibit F 3/30/17 Aukerman/Nestler Email Exchange), # 8 Exhibit G (Category B Sample), # 9 Exhibit H 3/5/18 Aukerman Letter), # 10 Exhibit I (3/16/18 Aukerman/Nestler Email Exchange), # 11 Exhibit J (Bratlie Declaration), # 12 Exhibit K (Mass Declaration), # 13 Exhibit L (Cohn Declaration), # 14 Exhibit M (Sheley Declaration), # 15 Exhibit N (Wessler Declaration), # 16 Exhibit O (Robinson Declaration), # 17 Exhibit P (Morawetz Declaration), # 18 Exhibit Q (Ebadolahi Declaration), # 19 Exhibit R (Aukerman Declaration)) (Wheaton, Corey) (Entered: 03/28/2018)
2018-03-28	33	AMENDED NOTICE OF HEARING on 28 MOTION for Summary Judgment , 32 MOTION for Partial Summary Judgment. Motion Hearing set for 6/20/2018 10:00 AM before District Judge John Corbett O'Meara (WBar) (Entered: 03/28/2018)
2018-05-09	34	RESPONSE to 32 MOTION for Partial Summary Judgment and in Opposition to Defendants' Motion for Partial Summary Judgment and REPLY in Support of Defendants' Motion for Partial Summary Judgment filed by All Defendants. (Attachments: # 1 Exhibit Supplemental Declaration of Robert Lewandowski) (Healy, Christopher) (Entered: 05/09/2018)
2018-06-04	35	AMENDED NOTICE OF HEARING on 28 MOTION for Summary Judgment , 32 MOTION for Partial Summary Judgment. Motion Hearing RESET for 8/2/2018 10:15 AM before District Judge John Corbett O'Meara (WBar) (Entered: 06/04/2018)
2018-06-05	36	STIPULATED ORDER Granting Leave to file Reply in Excess of Page Limitation, Signed by District Judge John Corbett O'Meara. (WBar) (Entered: 06/05/2018)
2018-06-06	37	RESPONSE to 28 MOTION for Summary Judgment , 32 MOTION for Partial Summary Judgment and in Opposition to Defendants' Motion for Partial Summary Judgment filed by American Civil Liberties Union of Michigan, Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce, Michigan Immigrant Rights Center. (Wheaton, Corey) (Entered: 06/06/2018)
2018-07-03		Text-Only Order of reassignment from District Judge John Corbett O'Meara in Ann Arbor to District Judge Mark A. Goldsmith in Detroit pursuant to Administrative Order 18-AO-023. (NAhm) (Entered: 07/03/2018)
2018-07-06	38	NOTICE OF HEARING on 28 MOTION for Summary Judgment , 32 MOTION for Partial Summary Judgment and in Opposition to Defendants' Motion for Partial Summary Judgment . Motion Hearing set for 8/8/2018 at 01:00 PM before District Judge Mark A. Goldsmith (Sandusky, K) (Entered: 07/06/2018)
2018-08-08		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Motion Hearing held on 8/8/2018 re 32 MOTION for Partial Summary Judgment and in Opposition to Defendants' Motion for Partial Summary Judgment filed by Michigan Immigrant Rights Center, American Civil Liberties Union of Michigan, Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce. Disposition: Supplemental Briefs due 8/27/2018 . (Court Reporter: David Yarbrough) (Sandusky, K) (Entered: 08/09/2018)
2018-08-10		TEXT-ONLY ORDER: The parties shall file supplemental briefs not to exceed 10 pages, exclusive of attachments, and must be filed on or before 8/27/2018 . SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 08/10/2018)
2018-08-13	39	TRANSCRIPT of Plaintiffs' Cross-motion for Partial Summary Judgment, et al held on 8/8/2018. (Court Reporter/Transcriber: David B. Yarbrough) (Number of Pages: 71) The parties have 21 days to file with the court and Court Reporter/Transcriber a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 9/4/2018. Redacted Transcript Deadline set for 9/13/2018. Release of Transcript Restriction set for 11/13/2018. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (Yarbrough, David) (Entered: 08/13/2018)
2018-08-27	40	STIPULATION AND ORDER EXTENDING TIME TO FILE SUPPLEMENTAL BREIFING( Supplemental briefs due by 9/7/2018 ) Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 08/27/2018)
2018-09-07	41	STIPULATED ORDER Resolving Cross-Motions for Partial Summary Judgment (ECF 28 & 32 ) Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 09/07/2018)
2018-09-07	42	ORDER Denying Defendants' Motion for Partial Summary Judgment (Dkt. 28 ) and Plaintiffs' Cross-Motion for Partial Summary Judgment (Dkt. 32 ) as Moot. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 09/07/2018)
2018-09-14	43	[STRICKEN] STIPULATION of Both Parties to Extend Time by All Defendants (Healy, Christopher) Modified on 9/18/2018 (Sandusky, K). (Entered: 09/14/2018)
2018-09-18	44	ORDER Striking Stipulation (Dkt. 43). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 09/18/2018)
2018-09-19	45	STIPULATED ORDER ON THE CATEGORIES C AND D PRODUCTION SCHEDULE. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 09/19/2018)
2018-09-28	46	NOTICE by All Defendants - JOINT PRODUCTION SCHEDULE STATUS REPORT (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Thorp, Galen) (Entered: 09/28/2018)
2018-10-04	47	NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/16/2018 at 11:00 AM before District Judge Mark A. Goldsmith . Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. (Sandusky, K) (Entered: 10/04/2018)
2018-10-16		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 10/16/2018 (Sandusky, K) (Entered: 10/16/2018)
2018-10-17	48	ORDER for Additional Information Regarding Production. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 10/17/2018)
2018-10-23	49	NOTICE by All Defendants re 48 Order , Filing of Declaration of Patrick A. Howard (Attachments: # 1 Exhibit Declaration of Patrick A. Howard) (Healy, Christopher) (Entered: 10/23/2018)
2018-10-29	50	NOTICE of Appearance by Dante A. Stella on behalf of Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce, Michigan Immigrant Rights Center. (Stella, Dante) (Entered: 10/29/2018)
2018-10-30	51	RESPONSE to Declaration of Patrick A. Howard Dated October 23, 2018 by All Plaintiffs. (Stella, Dante) (Entered: 10/30/2018)
2018-11-26	52	ORDER SETTING PRODUCTION SCHEDULE ( Joint Statement due by 12/10/2018 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 11/26/2018)
2018-12-10	53	Joint STATEMENT of Position as to Attorneys' Fees Briefing by Customers and Border Protection, Department of Homeland Security (Healy, Christopher) (Entered: 12/10/2018)
2018-12-26	54	MOTION to Stay Production Deadline Due to Lapse of Appropriations by Customers and Border Protection, Department of Homeland Security. (Healy, Christopher) (Entered: 12/26/2018)
2019-01-10	55	Second MOTION to Stay Production Schedule by Customers and Border Protection, Department of Homeland Security. (Healy, Christopher) (Entered: 01/10/2019)
2019-01-17	56	ORDER GRANTING IN PART GOVERNMENTS MOTIONS TO STAY (Dkts. 54 , 55 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 01/17/2019)
2019-01-24	57	MOTION to Stay in Light of Lapse of Appropriations by Customers and Border Protection, Department of Homeland Security. (Healy, Christopher) (Entered: 01/24/2019)
2019-01-28	58	MOTION to Withdraw 57 MOTION to Stay in Light of Lapse of Appropriations in Light of Restoration of Appropriations, and Motion to Continue Production Schedule by Customers and Border Protection, Department of Homeland Security. (Healy, Christopher) (Entered: 01/28/2019)
2019-02-04		TEXT-ONLY ORDER: The Court grants the motion to withdraw the motion to stay (Dkt. 58 ). The Court sets a TELEPHONIC Status Conference on 2/13/2019 at 01:30 PM before District Judge Mark A. Goldsmith . Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. SO ORDERED. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/04/2019)
2019-02-13		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 2/13/2019. (MacKay, K) (Entered: 02/13/2019)
2019-02-13	59	ORDER Setting Briefing Schedule and Teleconference ( TELEPHONIC Status Conference set for 2/28/2019 at 03:30 PM before District Judge Mark A. Goldsmith ). Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/13/2019)
2019-02-28		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 2/28/2019. (MacKay, K) (Entered: 03/01/2019)
2019-03-25	60	ORDER Regarding Production of Categories C and D Documents. Signed by District Judge Mark A. Goldsmith. (EKar) (Entered: 03/25/2019)
2019-04-01	61	NOTICE of Appearance by Nina Gavrilovic on behalf of Dr. Elizabeth Oglesby, Dr. Geoffrey Alan Boyce, Michigan Immigrant Rights Center. (Gavrilovic, Nina) (Entered: 04/01/2019)
2019-04-01	62	Joint MOTION for Attorney Fees AND COSTS by All Plaintiffs. (Attachments: # 1 Index of Exhibits, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J) (Gavrilovic, Nina) (Entered: 04/01/2019)
2019-04-23	63	STIPULATION AND ORDER Extending Time to File Attorneys' Fees Opposition and Reply ( Response due by 5/8/2019 , Reply due by 5/22/2019 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 04/23/2019)
2019-05-08	64	RESPONSE to 62 Joint MOTION for Attorney Fees AND COSTS filed by All Defendants. (Healy, Christopher) (Entered: 05/08/2019)
2019-05-22	65	REPLY to Response re 62 Joint MOTION for Attorney Fees AND COSTS filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gavrilovic, Nina) (Entered: 05/22/2019)
2019-05-23	66	[STRICKEN] REPLY to Response re 62 Joint MOTION for Attorney Fees AND COSTS Corrected Reply to Response re Joint Motion for Attorney Fees and Costs filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gavrilovic, Nina) Modified on 5/28/2019 (Sandusky, K). (Entered: 05/23/2019)
2019-05-28	67	ORDER STRIKING DOCUMENT (Dkt. 66). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 05/28/2019)
2019-05-29	68	REPLY to Response re 62 Joint MOTION for Attorney Fees AND COSTS Corrected Reply to Response re Joint Motion for Attorney Fees and Costs filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Gavrilovic, Nina) (Entered: 05/29/2019)
2019-06-26	69	STIPULATED ORDER Resolving Redaction Challenges to Category C and D Productions for March, April and May 2019. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 06/26/2019)
2019-09-03	70	NOTICE of Appearance by Daniel S. Korobkin on behalf of All Plaintiffs. (Korobkin, Daniel) (Entered: 09/03/2019)
2019-10-10	71	NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 10/11/2019 at 1:00 PM before District Judge Mark A. Goldsmith . Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. (BSau) (Entered: 10/10/2019)
2019-10-11		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 10/11/2019. (Court Reporter: None Present, Not on the Record) (BSau) (Entered: 10/11/2019)
2019-10-29	72	STIPULATED ORDER Resolving Redaction Challenges to Category C and D Productions for June, July, and August 2019. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 10/29/2019)
2019-12-23	73	MOTION TO EXTEND Production Deadline Due to Unexpected Error by All Defendants. (Attachments: # 1 Exhibit Declaration of Patrick Howard) (Healy, Christopher) (Entered: 12/23/2019)
2019-12-27	74	NOTICE OF HEARING BY TELEPHONE on 73 MOTION TO EXTEND Production Deadline Due to Unexpected Error . Motion Hearing set for 12/30/2019 at 08:30 AM before District Judge Mark A. Goldsmith . The parties shall use the following call-in information: (877) 336-1274 and use access code: 9602327. (Sandusky, K) (Entered: 12/27/2019)
2019-12-28	75	RESPONSE to 73 MOTION TO EXTEND Production Deadline Due to Unexpected Error filed by All Plaintiffs. (Aukerman, Miriam) (Entered: 12/28/2019)
2019-12-30		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Motion Hearing held on 12/30/2019 re 73 MOTION TO EXTEND Production Deadline Due to Unexpected Error filed by Department of Homeland Security, Customers and Border Protection. Disposition: Motion taken under advisement (Court Reporter: None Present, Not on the Record) (Sandusky, K) (Entered: 12/30/2019)
2020-01-02	76	ORDER Granting in part Defendant's Motion to Extend Production Deadlines (Dkt. 73 ). Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 01/02/2020)
2020-01-08	77	OPINION AND ORDER Denying Without Prejudice Plaintiffs' Motion for an Interim Award of Attorney Fees and Costs (Dkt. 62 ). Signed by District Judge Mark A. Goldsmith. (BSau) (Entered: 01/08/2020)
2020-01-09	78	NOTICE of Appearance by Monica Cesilia Andrade on behalf of All Plaintiffs. (Andrade, Monica) (Entered: 01/09/2020)
2020-01-13	79	Joint MOTION for Sanctions by All Plaintiffs. (Gavrilovic, Nina) (Entered: 01/13/2020)
2020-01-31	80	RESPONSE to 79 Joint MOTION for Sanctions filed by All Defendants. (Healy, Christopher) (Entered: 01/31/2020)
2020-01-31	81	ERRATA Sheet re: 80 Response to Motion filed by Department of Homeland Security, Customers and Border Protection. by All Defendants (Attachments: # 1 Exhibit Corrected Opposition to Plaintiffs Motion for Sanctions) (Healy, Christopher) (Entered: 01/31/2020)
2020-02-07	82	STIPULATION AND ORDER for Page Limit Extension. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 02/07/2020)
2020-02-07	83	REPLY to Response re 79 Joint MOTION for Sanctions filed by All Plaintiffs. (Gavrilovic, Nina) (Entered: 02/07/2020)
2020-02-28	84	NOTICE TO APPEAR BY TELEPHONE: Status Conference set for 3/5/2020 at 02:00 PM before District Judge Mark A. Goldsmith . Attorney for Plaintiff shall initiate the conference call and then include the Court when all parties are available by calling 313/234-5240. (Sandusky, K) (Entered: 02/28/2020)
2020-03-05		Minute Entry for proceedings before District Judge Mark A. Goldsmith: Telephonic Status Conference held on 3/5/2020. (Sandusky, K) (Entered: 03/06/2020)
2020-03-06	85	SUPPLEMENTAL BRIEF re Status Conference and Retention of Jurisdiction Over Sanctions Motion after Issuance of a Final Order filed by Customers and Border Protection, Department of Homeland Security. (Healy, Christopher) (Entered: 03/06/2020)
2020-03-23	86	FINAL STIPULATED ORDER Resolving Redaction Challenges to Category C and D Productions. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 03/23/2020)
2020-03-23	87	ORDER OF DISMISSAL WITH PREJUDICE. Signed by District Judge Mark A. Goldsmith. (Sandusky, K) (Entered: 03/23/2020)
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