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Case TitleCenter for the Human Rights of Children et al v. Department of Homeland Security et al
DistrictNorthern District of Illinois
CityChicago
Case Number1:2020cv06449
Date Filed2020-10-29
Date Closed2023-11-06
JudgeHonorable Andrea R. Wood
PlaintiffCenter for the Human Rights of Children
PlaintiffAmerican Immigration Council
Case DescriptionThe Center for the Human Rights of Children submitted a FOIA request to the Department of Homeland Security for records concerning the use of Title 42 to prohibit the entry of immigrants on the southern border because of the pandemic. CHRC also requested a fee waiver. The agency acknowledged receipt of the request and subsequently told CHRC that its request would not incur fees. After hearing nothing further from the agency, CHRC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
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Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-291COMPLAINT filed by Center for the Human Rights of Children, American Immigration Council; No. Filing fee $ 400, receipt number 0752-17594155. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F)(Valenzuela, Claudia) (Entered: 10/29/2020)
2020-10-292ATTORNEY Appearance for Plaintiffs American Immigration Council, Center for the Human Rights of Children by Claudia Valenzuela (Valenzuela, Claudia) (Entered: 10/29/2020)
2020-10-30CASE ASSIGNED to the Honorable Ronald A. Guzman. Designated as Magistrate Judge the Honorable Jeffrey I. Cummings. Case assignment: Random assignment. (exr, ) (Entered: 10/30/2020)
2020-11-02SUMMONS Issued as to Department of Homeland Security, U.S. Customs and Border Protection, U.S. Attorney, and U.S. Attorney General (exr, ) (Entered: 11/02/2020)
2020-11-243AFFIDAVIT of Service filed by Plaintiffs American Immigration Council, Center for the Human Rights of Children regarding Summons, Complaint, Exhibits served on DHS, CBP on 11/10/20; 11/16/2020 (Attachments: # 1 Exhibit A)(Valenzuela, Claudia) (Entered: 11/24/2020)
2020-12-284MINUTE entry before the Honorable Ronald A. Guzman: In lieu of an initial status hearing, the Court directs the parties to, within 45 days of the filing of the complaint or within 14 days of this order if the 45-day time period has already elapsed, confer to discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. The parties shall also discuss deadlines for Rule 26(a)(1) disclosures and a proposed discovery plan. A written initial status report and proposed discovery plan shall be filed within 7 days of conferring as provided herein. Plaintiff is responsible for initiating such a meeting, and all lead counsel for all parties are required to participate. Failure or refusal to participate in such a meeting or to cooperate in the preparation of the written report may constitute a basis for sanctions. The Court will thereafter issue an order setting a discovery schedule. Mailed notice (mjc, ) (Entered: 12/28/2020)
2021-01-135STATUS Report Joint Status Report by Department of Homeland Security, U.S. Customs and Border Protection (Anderson, Susan) (Entered: 01/13/2021)
2021-01-136DESIGNATION of Susan Willoughby Anderson as U.S. Attorney for Defendants Department of Homeland Security, U.S. Customs and Border Protection (Anderson, Susan) (Entered: 01/13/2021)
2021-01-147MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' initial status report, which indicates they are discussing Plaintiffs' requests. The parties shall file a status report no later than March 1, 2021. Defendants' date to answer or otherwise plead is deferred until further notice. Mailed notice (mjc, ) (Entered: 01/14/2021)
2021-03-018STATUS Report Joint Status Report by Department of Homeland Security, U.S. Customs and Border Protection (Anderson, Susan) (Entered: 03/01/2021)
2021-03-019MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' status report. The parties are directed to file another status report on May 3, 2021. Mailed notice. (kp, ) (Entered: 03/01/2021)
2021-03-0210ATTORNEY Appearance for Plaintiff American Immigration Council by Katherine E. Melloy Goettel (Goettel, Katherine) (Entered: 03/02/2021)
2021-05-0311WITHDRAWING Willoughby Anderson as counsel for Defendants Department of Homeland Security, U.S. Customs and Border Protection and substituting Michael D. Claus as counsel of record (Claus, Michael) (Entered: 05/03/2021)
2021-05-0312STATUS Report JOINT by Department of Homeland Security (Claus, Michael) (Entered: 05/03/2021)
2021-05-0313MINUTE entry before the Honorable Ronald A. Guzman: The parties are directed to file a status report on August 2, 2021. Mailed notice. (kp, ) (Entered: 05/03/2021)
2021-05-0414NOTICE by Claudia Valenzuela of Change of Address (Valenzuela, Claudia) (Entered: 05/04/2021)
2021-08-0215STATUS Report JOINT by U.S. Customs and Border Protection (Claus, Michael) (Entered: 08/02/2021)
2021-08-0316MINUTE entry before the Honorable Ronald A. Guzman: The parties shall file a status report on September 3, 2021. Mailed notice. (kp, ) (Entered: 08/03/2021)
2021-09-0717STATUS Report JOINT by Department of Homeland Security (Claus, Michael) (Entered: 09/07/2021)
2021-09-0718MINUTE entry before the Honorable Ronald A. Guzman: The parties are directed to file an updated joint status report on or before October 15, 2021. Mailed notice. (kp, ) (Entered: 09/07/2021)
2021-10-1519STATUS Report JOINT by Department of Homeland Security (Claus, Michael) (Entered: 10/15/2021)
2021-10-1820MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint status report. The parties are directed to file a joint status report on November 24, 2021. Mailed notice. (kp, ) (Entered: 10/18/2021)
2021-12-1621STATUS Report (Joint) by American Immigration Council, Center for the Human Rights of Children (Goettel, Katherine) (Entered: 12/16/2021)
2021-12-2022MINUTE entry before the Honorable Ronald A. Guzman: The Court has reviewed the parties' joint status report. The Court directs the parties to file an updated joint status report on or before January 28, 2022. Mailed notice. (kp, ) (Entered: 12/20/2021)
2021-12-2023MINUTE entry before the Honorable Ronald A. Guzman: Status hearing set for 2/1/2022 at 10:15 a.m. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, ) (Entered: 12/20/2021)
2022-01-2824STATUS Report (Joint) by American Immigration Council, Center for the Human Rights of Children (Goettel, Katherine) (Entered: 01/28/2022)
2022-02-0125MINUTE entry before the Honorable Ronald A. Guzman: Telephonic status hearing held on 2/1/2022 and continued to 3/1/2022 at 10:00 a.m. Defendants shall file a report no later than 2/16/2022 as stated in open Court. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, ) (Entered: 02/01/2022)
2022-02-1626STATUS Report by U.S. Customs and Border Protection (Claus, Michael) (Entered: 02/16/2022)
2022-03-0127MINUTE entry before the Honorable Ronald A. Guzman: Telephonic status hearing held and continued to 3/23/2022 at 10:30 a.m. The hearing will be via telephone conference. Throughout the telephonic hearing, each speaker will be expected to identify themselves for the record before speaking. Please note that the conference call-in will be used by all cases that are on the court's calendar for the said date, therefore counsel must be in a quiet area while on the line and must have the telephone muted until your case is called. Members of the public and media will be able to call in to listen to this hearing. The call-in number is (888) 684-8852 and the access code is 1246152. Counsel of record will receive an email the day before the telephonic hearing with instructions to join the call. Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the Court. Mailed notice. (kp, ) (Entered: 03/01/2022)
2022-03-2228STATUS Report by U.S. Customs and Border Protection (Claus, Michael) (Entered: 03/22/2022)
2022-03-2329STATUS Report -- Response to Defendants' Status Report by American Immigration Council, Center for the Human Rights of Children (Attachments: # 1 Ex. A - Plaintiffs FOIA Request, # 2 Ex. B - CBP Email)(Goettel, Katherine) (Entered: 03/23/2022)
2022-03-2330MINUTE entry before the Honorable Ronald A. Guzman: Telephonic status hearing held. The Court refers the matter to the magistrate judge to rule on outstanding issues, including privilege, the scope of Plaintiff's requests, and electronic search terms. The referral includes settlement discussions. Mailed notice. (kp, ) (Entered: 03/23/2022)
2022-03-2331Pursuant to Local Rule 72.1, this case is hereby referred to the calendar of Honorable Jeffrey Cummings for the purpose of holding proceedings related to: settlement conference. Mailed notice. (kp, ) (Entered: 03/23/2022)
2022-03-2432MINUTE entry before the Honorable Jeffrey Cummings: This case was referred to Magistrate Judge Cummings to conduct a settlement conference 31 . The parties are ordered to submit a joint status report regarding settlement to this Court's settlement correspondence mailbox (Settlement_Correspondence_Cummings@ilnd.uscourts.gov) by 4/6/22. In their status report, the parties shall address the issues set forth in the first paragraph of the second page of the Court's Standing Order For Settlement Conferences and provide the dates that the parties are mutually available in May and June 2022 for a remote video settlement conference. The deadlines for the submission of settlement letters described in the Standing Order and the date for the settlement conference will be promptly set after the joint status report is received. Mailed notice (cc, ) (Entered: 03/24/2022)
2022-04-1133MINUTE entry before the Honorable Jeffrey Cummings: By agreement of the parties, a remote video settlement conference is set for 6/10/22 at 1:00 p.m. In advance of the settlement conference, counsel for the parties will receive the instructions for participation in the remote settlement conference and for participation in a brief pre-settlement conference practice session with the Court's staff. Plaintiffs' settlement demand letter in conformance with the Court's Standing Order on Settlement Conferences is due 5/6/2022, and defendants' conforming settlement offer letter is due 5/20/2022. The parties shall email a copy of its letter to Judge Cummings' chambers on the same day that it is provided to opposing counsel. The settlement letters shall be submitted to the Court by e-mail to the Court's settlement correspondence e-mail address (Settlement_Correspondence_Cummings@ilnd.uscourts.gov). On 5/20/22, defendants shall also provide the Court with a separate email enclosing a random sample of 8-10 of the documents over which they claim an attorney-client privilege to the settlement correspondence mailbox. Mailed notice (cc, ) (Entered: 04/11/2022)
2022-06-1034MINUTE entry before the Honorable Jeffrey Cummings: Remote video settlement conference held on 6/10/22. Per the parties' agreement, defendants will report back to plaintiffs on 7/1/22 regarding: (1) whether they will agree perform a targeted search of the emails of the three identified custodians as part of a settlement of this case; (2) the status of their preparation of a privilege log; and (3) the status of their effort to review the privileged documents for the "reasonably segregable portion[s]" of the documents (if any) that are non-exempt and could be produced to plaintiffs consistent with 5 U.S.C. §552(b). The parties are directed to submit a joint status report regarding settlement to the Court's settlement correspondence mailbox, (Settlement_Correspondence_Cummings@ilnd.uscourts.gov), by 7/15/22. Mailed notice (cc, ) (Entered: 06/10/2022)
2022-07-1535STATUS Report JOINT by U.S. Customs and Border Protection (Claus, Michael) (Entered: 07/15/2022)
2022-07-2036MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 35 . Off-the-record telephonic status hearing on settlement set for 7/22/22 at 11:45 a.m. In advance of the hearing, the Court's staff will provide the parties with the call-in information. Mailed notice (cc, ) (Entered: 07/20/2022)
2022-07-2237MINUTE entry before the Honorable Jeffrey Cummings: Off-the-record telephonic status hearing regarding settlement held on 7/22/22. On or before 8/26/22, defendants will produce the privilege log and redacted documents to plaintiff and shall also inform plaintiff's counsel of defendants' position on the searches of the remaining two custodians. By 9/2/22, the parties shall file a joint status report informing the Court of the status on these issues. Mailed notice (cc, ) (Entered: 07/22/2022)
2022-09-0238STATUS Report JOINT by U.S. Customs and Border Protection (Claus, Michael) (Entered: 09/02/2022)
2022-09-1239MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 38 . The parties report that defendants produced the privilege log and documents to plaintiffs on 8/29/22 and plaintiffs are reviewing same. Although defendants assert that they have complied with their obligations and have not committed to additional searches and custodians, the parties are continuing their discussions. By 9/16/22, the parties shall file a joint status report informing the Court of the status of their respective positions on these issues. Mailed notice (cc, ) (Entered: 09/12/2022)
2022-09-1940STATUS Report (Joint) by American Immigration Council, Center for the Human Rights of Children (Goettel, Katherine) (Entered: 09/19/2022)
2022-09-2041MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 40 . The parties report that they no longer have disputes at issue regarding the documents produced in this case and the redactions of those documents. The sole remaining issue is the matter of attorney's fees, which the parties are separately discussing. By 10/21/22, the parties shall file a joint status report setting forth the progress of their discussions and any settlement of attorney's fees. If the parties file their stipulation to dismiss prior to that date, the status report deadline will be stricken. Mailed notice (cc, ) (Entered: 09/20/2022)
2022-10-2142STATUS Report (Joint) by American Immigration Council, Center for the Human Rights of Children (Goettel, Katherine) (Entered: 10/21/2022)
2022-10-2743MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 42 . The plaintiffs are in the process of submitting a fee request to the Government and request thirty days too do so. Plaintiffs shall provide their fee request to the Government no later than 11/21/22. The parties shall file an updated joint status report on settlement by 12/1/22. Mailed notice (cc, ) (Entered: 10/27/2022)
2022-12-0144STATUS Report Joint by U.S. Customs and Border Protection (Claus, Michael) (Entered: 12/01/2022)
2022-12-0245MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 44 . Plaintiffs submitted a fee request to defendants on 11/18/22, which defendants are in the process of reviewing. Defendants shall respond to the fee request by 1/9/23. The parties shall file an updated joint status report on settlement by 1/18/23. Mailed notice (cc, ) (Entered: 12/02/2022)
2022-12-2946ANNUAL REMINDER: Pursuant to Local Rule 3.2 (Notification of Affiliates) , any nongovernmental party, other than an individual or sole proprietorship, must file a statement identifying all its affiliates known to the party after diligent review or, if the party has identified no affiliates, then a statement reflecting that fact must be filed. An affiliate is defined as follows: any entity or individual owning, directly or indirectly (through ownership of one or more other entities), 5% or more of a party. The statement is to be electronically filed as a PDF in conjunction with entering the affiliates in CM/ECF as prompted. As a reminder to counsel, parties must supplement their statements of affiliates within thirty (30) days of any change in the information previously reported. This minute order is being issued to all counsel of record to remind counsel of their obligation to provide updated information as to additional affiliates if such updating is necessary. If counsel has any questions regarding this process, this LINK will provide additional information. Signed by the Executive Committee on 12/29/2022: Mailed notice. (tg, ) (Entered: 12/29/2022)
2023-01-1847STATUS Report JOINT by U.S. Customs and Border Protection (Claus, Michael) (Entered: 01/18/2023)
2023-01-2448MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 47 . The parties are continuing to exchange proposals regarding the fee request and remain hopeful they can come to an agreement without court involvement. The parties shall file an updated joint status report on settlement by 3/1/23. Mailed notice (cc, ) (Entered: 01/24/2023)
2023-03-0149STATUS Report (Joint) by American Immigration Council, Center for the Human Rights of Children (Goettel, Katherine) (Entered: 03/01/2023)
2023-03-0350MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 49 . The parties are continuing to negotiate plaintiffs' request for attorney's fees and costs, and they seek an additional 60 days to conclude their negotiations. The parties shall file an updated joint status report on settlement by 5/1/23. Mailed notice (cc, ) (Entered: 03/03/2023)
2023-05-0151STATUS Report Joint by U.S. Customs and Border Protection (Claus, Michael) (Entered: 05/01/2023)
2023-05-0252MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 51 , which indicates that the parties have made significant progress towards resolving plaintiffs' request for attorneys' fees and costs. The parties shall file an updated joint status report on settlement by 6/1/23. Mailed notice (cc, ) (Entered: 05/02/2023)
2023-05-1253ORDER OF THE EXECUTIVE COMMITTEE: It appearing that the following cases are currently assigned to the Hon. Ronald A. Guzman. Judge Guzman has requested that these cases be reassigned to another judge of this Court pursuant to 28 USC §294(b); therefore IT IS HEREBY ORDERED THAT the Clerk of Court shall reassign the cases listed below to the district judges of this Court. Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Honorable Ronald A. Guzman no longer assigned to the case. Signed by Honorable Rebecca R. Pallmeyer on 5/12/23. (nsf, ) (Entered: 05/12/2023)
2023-05-2254MINUTE entry before the Honorable Andrea R. Wood: This case has been reassigned to the calendar of Judge Wood. Counsel for the parties shall confer and then prepare and file a joint Reassignment Status Report, not to exceed 5 pages, by 6/1/2023. A template for the Reassignment Status Report, setting forth the information required, may be found on on the Court's website at www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood, Cases Reassigned to Judge Andrea R. Wood. Mailed notice (lma, ) (Entered: 05/22/2023)
2023-06-0155STATUS Report Joint by U.S. Customs and Border Protection Presented before Presiding Judge (Claus, Michael) (Entered: 06/01/2023)
2023-06-0256MINUTE entry before the Honorable Andrea R. Wood: The Court has reviewed the parties' joint reassignment status report 55 , in which the parties state that they have reached a tentative settlement agreement and anticipate filing a stipulation of dismissal in short order. Accordingly, by 6/16/2023, the parties shall file either dismissal papers or a short status report explaining the reason for their delay in doing so. Mailed notice (lma, ) (Entered: 06/02/2023)
2023-06-0557MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 55 , which indicates that the parties plan to file their stipulation to dismiss before the District Court Judge in short order. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned Judge. Magistrate Judge Cummings no longer assigned to the case. Mailed notice (cc, ) (Entered: 06/05/2023)
2023-06-0558MINUTE entry before the Honorable Jeffrey Cummings: The Court has reviewed the parties' joint status report 55 , which indicates that the parties plan to file their stipulation to dismiss before the District Court Judge in short order. All matters relating to the referral of this case having been resolved, the referral is closed and the case is returned to the assigned Judge. Magistrate Judge Cummings no longer assigned to the case. Mailed notice (cc, ) (Entered: 06/06/2023)
2023-06-2059STATUS Report (Joint) by American Immigration Council, Center for the Human Rights of Children (Goettel, Katherine) (Entered: 06/20/2023)
2023-06-2260MINUTE entry before the Honorable Andrea R. Wood: The Court has reviewed the parties' joint status report 59 , indicating that they require additional time to finalize their settlement. By 7/5/2023, the parties shall file either dismissal papers or a short status report explaining the delay in finalizing their settlement. Mailed notice (lma, ) (Entered: 06/22/2023)
2023-07-0561STATUS Report Joint by U.S. Customs and Border Protection (Claus, Michael) (Entered: 07/05/2023)
2023-07-1362SETTLEMENT Agreement and release (Claus, Michael) (Entered: 07/13/2023)
2023-09-0763NOTICE by Claudia Valenzuela of Change of Address (Valenzuela, Claudia) (Entered: 09/07/2023)
2023-11-0664MINUTE entry before the Honorable Andrea R. Wood: The parties filed a settlement agreement and release 62 , in which they agree to dismiss the case with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) and which is signed by all parties who have appeared. Accordingly, this case is dismissed with prejudice. Any pending hearing dates and motions are stricken. Civil case terminated. Mailed notice (lma, ) (Entered: 11/06/2023)
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