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Case TitleAl Otro Lado et al v. Department of Homeland Security et al
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2020cv05191
Date Filed2020-06-11
Date Closed2021-10-20
JudgeJudge Otis D. Wright, II
PlaintiffAl Otro Lado
PlaintiffEdwin F. Mandel Legal Aid Clinic
Case DescriptionAl Ostro Lado, a legal aid clinic serving refugees, migrants, and deportees in the U.S. and Mexico, and the Edwin F. Mandel Legal Aid Clinic, a legal clinic at the University of Chicago specializing in immigration issues, submitted a FOIA request to the Department of Homeland Security for records concerning the outbreak of COVID-19 at detention centers. They also requested expedited processing. The agency acknowledged receipt of the request and granted the request for expedited processing. However, after hearing nothing further from the agency, the legal clinics filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantImmigration and Customs Enforcement
DefendantCustoms and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-111COMPLAINT Receipt No: ACACDC-26771530 - Fee: $400, filed by Plaintiff Al Otro Lado. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Attorney Erika D Pinheiro added to party Al Otro Lado(pty:pla))(Pinheiro, Erika) (Entered: 06/11/2020)
2020-06-112NOTICE of Interested Parties filed by Plaintiff All Plaintiffs, (Attorney Erika D Pinheiro added to party Edwin F. Mandel Legal Aid Clinic(pty:pla))(Pinheiro, Erika) (Entered: 06/11/2020)
2020-06-113CIVIL COVER SHEET filed by Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Pinheiro, Erika) (Entered: 06/11/2020)
2020-06-114Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by Plaintiff Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Pinheiro, Erika) (Entered: 06/11/2020)
2020-06-115NOTICE of Related Case(s) filed by Plaintiff Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. Related Case(s): 5:20-cv-00768-TJH-PVC (Pinheiro, Erika) (Entered: 06/11/2020)
2020-06-116(STRICKEN PER 6/16/20 ORDER DOCKET NO. 14)First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26771993) filed by Plaintiff Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Pinheiro, Erika) Modified on 6/16/2020 (lc). (Entered: 06/11/2020)
2020-06-117NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26771993) 6 . The following error(s) was/were found: Local Rule 83-2.1.3.4 Local counsel does not maintain an office within the District. (Thrasher, Lupe) (Entered: 06/11/2020)
2020-06-118(STRICKEN PER 6/16/20 ORDER DOCKET NO. 14)First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Previously Paid on 6/11/2020, Receipt No. 26771993) filed by Plaintiff Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Pinheiro, Erika) Modified on 6/16/2020 (lc). (Entered: 06/11/2020)
2020-06-119NOTICE OF ASSIGNMENT to District Judge Otis D. Wright, II and Magistrate Judge Michael R. Wilner. (jtil) (Entered: 06/11/2020)
2020-06-1110NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 06/11/2020)
2020-06-111160 DAY Summons Issued re Complaint (Attorney Civil Case Opening) 1 as to Defendants Customs and Border Protection, Department of Homeland Security, and Immigration and Customs Enforcement. (jtil) (Entered: 06/11/2020)
2020-06-1212MINUTE ORDER IN CHAMBERS by Judge Otis D Wright, II: This action has been assigned to the calendar of Judge Otis D. Wright II. Counsel are STRONGLY encouraged to review the Central Districts website for additional information. The parties may consent to proceed before a Magistrate Judge appearing on the voluntary consent list. PLEASE refer to Local Rule 79-5 for the submission of CIVIL ONLY SEALED DOCUMENTS. CRIMINAL SEALED DOCUMENTS will remain the same. Please refer to the Judges procedures and schedules for detailed instructions for submission of sealed documents. (lc) (Entered: 06/12/2020)
2020-06-1213First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Previously Paid on 6/11/2020, Receipt No. 26771993) filed by Plaintiff Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Pinheiro, Erika) (Entered: 06/12/2020)
2020-06-1614ORDER by Judge Otis D. Wright, II: the following document(s) be STRICKEN for failure to comply with the Local Rules, General Order and/or the Courts Case Management Order: First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Fee Paid, Receipt No. ACACDC-26771993) 6 , First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Previously Paid on 6/11/2020, Receipt No. 26771993) 8 , for the following reasons: Comply with instructions on discrepancy doc no.7 (re: 6). and re: doc no. 8, party filed another application for the same relief at 13 . (lc) (Entered: 06/16/2020)
2020-06-1615ORDER GRANTING APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado and designating Erika D. Pinheiro as local counsel 13 by Judge Otis D. Wright, II. (lc) Modified on 6/16/2020 (lc). (Entered: 06/16/2020)
2020-07-0616G-124 filed by Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic Application for Refund of Fees re: First APPLICATION of Non-Resident Attorney A. Nicole Hallett to Appear Pro Hac Vice on behalf of Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic (Pro Hac Vice Fee - $400 Previously Paid on 6/11/2020, Receipt No. 26771993) 8 (Hallett, A.) (Entered: 07/06/2020)
2020-07-0717NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Miscellaneous Document, 16 . The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Application: Refund of Fees Paid (G-124). Other error(s) with document(s): Incorrect event does NOT provide relief sought. Note: To assist in a search for correct events, please use the "SEARCH" option for a "key word" to narrow the selection process. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 07/07/2020)
2020-07-1318PROOF OF SERVICE Executed by Plaintiff Al Otro Lado, Edwin F. Mandel Legal Aid Clinic, upon Defendant All Defendants. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Civil Process Clerk. Executed upon the Attorney Generals Office of the United States by delivering a copy to unknown. Executed upon the officer agency or corporation by delivering a copy to Office of General Counsel. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. Original Summons returned. (Attachments: # 1 Exhibit Certified Mail Receipts)(Hallett, Amber) (Entered: 07/13/2020)
2020-07-1319NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Service of Summons and Complaint Returned Executed as to USA 18 (60 days). The following error(s) was/were found: Incorrect event selected. Correct event to be used is: Service of Summons and Complaint returned Executed (30 day). Other error(s) with document(s): This case is a FREEDOM OF INFORMATION action. Clerk notes that prior to case being reassigned to Judge Wright, a "60 days summons" was issued, and it appears filer used the event for 60 days. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 07/13/2020)
2020-07-1320NOTICE OF MOTION AND MOTION for Preliminary Injunction re Seeking Disclosure of Records filed by Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. Motion set for hearing on 8/31/2020 at 01:30 PM before Judge Otis D. Wright II. (Attachments: # 1 Memorandum of Points and Authorities, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4) (Hallett, Amber) (Entered: 07/13/2020)
2020-07-1421NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: ONLY the Memorandum in support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Seeking Disclosure of Records [20-1]. The following error(s) was/were found: Local Rule 11-8 Memorandum/brief exceeding 10 pages shall contain table of contents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (lc) (Entered: 07/14/2020)
2020-07-1622ORDER RE TRANSFER PURSUANT TO GENERAL ORDER 19-03 (Related Case) filed. Transfer of case declined by Judge Terry J. Hatter, Jr, for the reasons set forth on this order. Related Case No. 5:20-cv-00768 TJH(PVC) (rn) (Entered: 07/16/2020)
2020-08-0523STIPULATION Extending Time to Answer the complaint as to Immigration and Customs Enforcement answer now due 9/4/2020; Department of Homeland Security answer now due 9/4/2020; Customs and Border Protection answer now due 9/4/2020, re Complaint (Attorney Civil Case Opening) 1 filed by Defendants Immigration and Customs Enforcement; Department of Homeland Security; Customs and Border Protection.(Attorney Jason K Axe added to party Customs and Border Protection(pty:dft), Attorney Jason K Axe added to party Department of Homeland Security(pty:dft), Attorney Jason K Axe added to party Immigration and Customs Enforcement(pty:dft))(Axe, Jason) (Entered: 08/05/2020)
2020-08-0624STIPULATION to Continue HEARING ON PLAINTIFFS MOTION FOR A PRELIMINARY INJUNCTION from 8/31/2020 1:30 PM to 9/14/2020 1:30 PM Re: NOTICE OF MOTION AND MOTION for Preliminary Injunction re Seeking Disclosure of Records 20 filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 08/06/2020)
2020-08-0625ORDER CONTINUING HEARING ON PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION 24 by Judge Otis D. Wright, II. IT IS HEREBY ORDERED that that the hearing on Plaintiffs' motion for a preliminary injunction, currently set for August 31, 2020, at 1:30 p.m., shall be continued until September 14, 2020, at 1:30 p.m., for the reasons set forth in the parties' stipulation. Defendants' opposition to the motion shall be due on August 24, 2020, and Plaintiffs' reply shall be due on August 31, 2020. (lom) (Entered: 08/06/2020)
2020-08-2426MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Seeking Disclosure of Records 20 filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement. (Attachments: # 1 Declaration (Fernando Pineiro), # 2 Declaration (Patrick Howard))(Axe, Jason) (Entered: 08/24/2020)
2020-08-2527DECLARATION of JAMES V.M.L. HOLZER re MEMORANDUM in Opposition to Motion, 26 filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement. (Axe, Jason) (Entered: 08/25/2020)
2020-08-3128REPLY In Support of NOTICE OF MOTION AND MOTION for Preliminary Injunction re Seeking Disclosure of Records 20 filed by Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Hallett, Amber) (Entered: 08/31/2020)
2020-09-0429ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement.(Axe, Jason) (Entered: 09/04/2020)
2020-09-0430ORDER that the Scheduling Conference is set for December 21, 2020 1:30 PM ; compliance with FRCP 16, and 26(f) and filing of joint report; Counsel for plaintiff shall immediately serve this Order on all parties, including any new parties to the action by Judge Otis D Wright, II (lc) (Entered: 09/04/2020)
2020-09-0831COUNSEL ARE NOTIFIED, the (Telephonic) MOTION for Preliminary Injunction re Seeking Disclosure of Records 20 , set for hearing on 9/14/2020, will be HEARD at 2:30 PM before Judge Otis D. Wright II. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (sce) TEXT ONLY ENTRY (Entered: 09/08/2020)
2020-09-1132DECLARATION of V.M. L Holzer in opposition to NOTICE OF MOTION AND MOTION for Preliminary Injunction re Seeking Disclosure of Records 20 filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement. (Axe, Jason) (Entered: 09/11/2020)
2020-09-1433MINUTES OF TELEPHONIC HEARING RE MOTION FOR PRELIMINARY INJUNCTION 20 held before Judge Otis D. Wright, II : Case called, appearances made. The Court having carefully considered the papers, and having heard oral argument of counsel, the court continues the telephonic motion hearing to September 23,2020 at 9:00 a.m. Counsel can use the same call-in phone and access number. Court Reporter: Mariam Baird-(telep). (lc) (Entered: 09/14/2020)
2020-09-2334MINUTES OF TELEPHONIC-MOTION for Preliminary Injunction 20 held before Judge Otis D. Wright, II: Case called, appearances made. The Court having heard oral argument of counsel, will issue an order. Court Reporter: Katie Thibodeaux. (lc) (Entered: 09/23/2020)
2020-09-2335MINUTES (IN CHAMBERS) by Judge Otis D. Wright, II: The Court ORDERS Plaintiffs Al Otro Lado and the Edwin F. Mandel Legal Aid Clinic at the University of Chicago Law School's Motion for Preliminary Injunction seeking an order for the production of documents responsive to Plaintiffs requests for records under the Freedom of Information Act 20 GRANTED IN PART. Defendants are hereby ORDERED to deliver to plaintiffs the records responsive to Plaintiffs' request (SEE DOCUMENT FOR SPECIFIED DETAILS AND DEADLINES THEREIN). (lc) (Entered: 09/23/2020)
2020-09-2336TRANSCRIPT for proceedings held on 9/14/2020. Court Reporter/Electronic Court Recorder: miriam baird, phone number mvb11893@aol.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Electronic Court Recorder before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Notice of Intent to Redact due within 7 days of this date. Redaction Request due 10/14/2020. Redacted Transcript Deadline set for 10/26/2020. Release of Transcript Restriction set for 12/22/2020. (Baird, Miriam) (Entered: 09/23/2020)
2020-09-2337NOTICE OF FILING TRANSCRIPT filed for proceedings 9/14/2020 re Transcript 36 THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (Baird, Miriam) TEXT ONLY ENTRY (Entered: 09/23/2020)
2020-12-1038Joint STIPULATION to Stay Case filed by Plaintiffs Al Otro Lado, Edwin F. Mandel Legal Aid Clinic. (Attachments: # 1 Proposed Order [Proposed] Order Regarding Joint Stipulation to Stay Proceedings)(Hallett, Amber) (Entered: 12/10/2020)
2020-12-1139ORDER REGARDING JOINT STIPULATION TO STAY PROCEEDINGS 38 by Judge Otis D. Wright, II. These proceedings shall be temporarily STAYED until July 10, 2021. The preliminary injunction entered on September 23, 2020 shall remain in place while these proceedings are stayed. The Scheduling Conference set for December 21, 2020, is hereby CONTINUED to July 19, 2021 at 1:30 p.m. The parties shall file a joint status report on or before July 5, 2021, to inform the Court whether the stay should be extended or lifted as planned. (iv) (Entered: 12/11/2020)
2021-06-2940STIPULATION to Stay Case pending Proceedings and to Continue Scheduling Conference filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 06/29/2021)
2021-07-0141ORDER REGARDING JOINT STIPULATION TO STAY PROCEEDINGS AND CONTINUING SCHEDULINGCONFERENCE 40 by Judge Otis D. Wright, II: 1. The stay of proceedings entered on December 11, 2020 (Dkt. 39) shall be continued until December 13, 2021. 2. The preliminary injunction entered on September 23, 2020 shall continueto remain in place while these proceedings are stayed. 3. The Scheduling Conference currently set for July 19, 2021, is hereby continued until December 13, 2021, at 1:30 PM. 4. The parties shall file a joint status report on or before November 29, 2021, to inform the Court whether the stay should be extended or lifted as planned. (lc) (Entered: 07/01/2021)
2021-10-2042STIPULATION to Dismiss Case pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure filed by Defendants Customs and Border Protection, Department of Homeland Security, Immigration and Customs Enforcement.(Axe, Jason) (Entered: 10/20/2021)
2021-10-2043ORDER OF DISMISSAL OF ACTION 42 by Judge Otis D. Wright, II: The Court upon parties' Stipulation of Dismissal of Action pursuant to FRCP Rule 41(a)(1)(A)(ii), hereby dismisses with prejudice the above-entitled action. Each party shall bear its own costs and attorneys' fees. The Court VACATES all dates and deadlines. The Clerk of the Court shall close the case. (Made JS-6. Case Terminated.) (lc) (Entered: 10/20/2021)
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