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Case TitleImmigrant Legal Resource Center et al v. United States Department of Homeland Security et al
DistrictNorthern District of California
CityOakland
Case Number4:2021cv09208
Date Filed2021-11-29
Date ClosedOpen
JudgeMagistrate Judge Kandis A. Westmore
PlaintiffImmigrant Legal Resource Center
PlaintiffAmerican Immigration Council
PlaintiffMijente Support Committee
Case DescriptionThe Immigrant Legal Resource Center, the American Immigration Council and the Minute Support Committee submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the weekly enforcement and removal reports requested by the Pekoske and Johnson memos. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ILRC, the AIC, and the MSC all filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Litigation - Vaughn index

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-291COMPLAINT against United States Department of Homeland Security, United States Immigration & Customs Enforcement ( Filing fee $ 402, receipt number ACANDC-16668735.). Filed by Immigrant Legal Resource Center, Mijente Support Committee, American Immigration Council. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B) (Callcott, W.) (Filed on 11/29/2021) Modified on 11/30/2021 (kmg, COURT STAFF). (Entered: 11/29/2021)
2021-11-292Proposed Summons. (Callcott, W.) (Filed on 11/29/2021) (Entered: 11/29/2021)
2021-11-293Certificate of Interested Entities by Immigrant Legal Resource Center and Rule 7.1 Disclosures (Callcott, W.) (Filed on 11/29/2021) (Entered: 11/29/2021)
2021-11-294Certificate of Interested Entities by American Immigration Council and Rule 7.1 Disclosures (Callcott, W.) (Filed on 11/29/2021) (Entered: 11/29/2021)
2021-11-295Certificate of Interested Entities by Mijente Support Committee and Rule 7.1 Disclosures (Callcott, W.) (Filed on 11/29/2021) (Entered: 11/29/2021)
2021-11-2911Summons Issued as to United States Department of Homeland Security, United States Immigration & Customs Enforcement. (kmg, COURT STAFF) (Filed on 11/29/2021) (Entered: 11/30/2021)
2021-11-306Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 12/14/2021. (mbc, COURT STAFF) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-11-307NOTICE of Appearance by Sue Wang (Wang, Sue) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-11-308MOTION for Leave to Appear pro hac vice Raul Pinto , MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 317, receipt number ACANDC-16671916.) filed by American Immigration Council, Immigrant Legal Resource Center, Mijente Support Committee. (Attachments: # 1 Certificate of Good Standing)(Pinto, Raul) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-11-309MOTION for leave to appear in Pro Hac Vice , Emily Creighton ( Filing fee $ 317, receipt number ACANDC-16672040.) filed by American Immigration Council, Immigrant Legal Resource Center, Mijente Support Committee. (Attachments: # 1 Certificate of Good Standing)(Creighton, Emily) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-11-3010NOTICE of Appearance by Wesley M Chao (Chao, Wesley) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-11-3012Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 2/28/2022. Initial Case Management Conference set for 3/7/2022 01:30 PM in San Francisco, Courtroom C, 15th Floor. (kmg, COURT STAFF) (Filed on 11/30/2021) (Entered: 11/30/2021)
2021-12-0113ORDER OF RECUSAL. Signed by Magistrate Judge Sallie Kim on 12/1/2021. (mkl, COURT STAFF) (Filed on 12/1/2021) (Entered: 12/01/2021)
2021-12-0114ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Magistrate Judge Kandis A. Westmore for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to case. Signed by Clerk on 12/01/2021. (mbc, COURT STAFF) (Filed on 12/1/2021) (Entered: 12/01/2021)
2021-12-0215ORDER SETTING CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 3/8/2022 01:30 PM in Oakland, - To be determined. Joint Case Management Statement due by 3/1/2022. Signed by Judge Kandis A. Westmore on 12/2/2021. (wft, COURT STAFF) (Filed on 12/2/2021) (Entered: 12/02/2021)
2021-12-0216Order by Magistrate Judge Kandis A. Westmore granting 8 Motion for Leave to Appear and Motion for Pro Hac Vice. (wft, COURT STAFF) (Filed on 12/2/2021) (Entered: 12/02/2021)
2021-12-0217Order by Magistrate Judge Kandis A. Westmore granting 9 Motion for Pro Hac Vice. (wft, COURT STAFF) (Filed on 12/2/2021) (Entered: 12/02/2021)
2021-12-0718CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Immigration Council, Immigrant Legal Resource Center, Mijente Support Committee.. (Callcott, W.) (Filed on 12/7/2021) (Entered: 12/07/2021)
2021-12-3019STIPULATION TO EXTEND TIME TO ANSWER OR OTHERWISE RESPOND TO COMPLAINT filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 12/30/2021) (Entered: 12/30/2021)
2022-01-1820DEFENDANTS ANSWER to Complaint OF PLAINTIFFS byUnited States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 1/18/2022) (Entered: 01/18/2022)
2022-01-1921CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 2/2/2022. (wft, COURT STAFF) (Filed on 1/19/2022) (Entered: 01/19/2022)
2022-02-0222CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by United States Department of Homeland Security.. (Johns, Douglas) (Filed on 2/2/2022) (Entered: 02/02/2022)
2022-02-1523ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Johns, Douglas) (Filed on 2/15/2022) (Entered: 02/15/2022)
2022-02-1524ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options By Parties and Counsel (Callcott, W.) (Filed on 2/15/2022) (Entered: 02/15/2022)
2022-03-0125JOINT CASE MANAGEMENT STATEMENT ; [PROPOSED] ORDER filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 3/1/2022) (Entered: 03/01/2022)
2022-03-0326CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE: Notice is hereby given that the initial case management conference previously scheduled for 3/8/2022 AT 1:30 PM is continued to 6/7/2022 01:30 PM in Oakland, - To be determined. An updated joint case management statement is due by 5/31/2022. (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 3/3/2022) (Entered: 03/03/2022)
2022-05-3127JOINT CASE MANAGEMENT STATEMENT [PROPOSED] ORDER filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 5/31/2022) (Entered: 05/31/2022)
2022-06-0228CLERK'S NOTICE: You are hereby notified that the initial case management conference previously set for 6/7/2022 has been continued to 8/16/2022 01:30 PM in Oakland, via Zoom. An updated joint case management statement is due by 8/9/2022. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons grante d access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (wft, COURT STAFF) (Filed on 6/2/2022) (Entered: 06/02/2022)
2022-08-0829JOINT CASE MANAGEMENT STATEMENT PROPOSED ORDER filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 8/8/2022) (Entered: 08/08/2022)
2022-08-1230CLERK'S NOTICE: You are hereby notified that the initial case management conference previously set for 8/16/2022 is continued to 11/15/2022 01:30pm in Oakland, this proceeding will be held via a Zoom webinar. An updated joint case management statement is due by 11/8/2022. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (wft, COURT STAFF) (Filed on 8/12/2022) (Entered: 08/12/2022)
2022-11-0431NOTICE of Appearance by Laura Veronica Herrera-Sarabia APPEARANCE OF COUNSEL (Herrera-Sarabia, Laura) (Filed on 11/4/2022) (Entered: 11/04/2022)
2022-11-0732JOINT CASE MANAGEMENT STATEMENT FURTHER JOINT CASE MANAGEMENT STATEMENT; [PROPOSED] ORDER filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 11/7/2022) (Entered: 11/07/2022)
2022-11-0833CLERK'S NOTICE CONTINUING CASE MANAGEMENT CONFERENCE. Notice is hereby given that the case management conference previously set for 11/15/2022 is continued to 1/24/2023. An updated joint case management statement is due by 1/17/2023. (This is a text-only entry generated by the court. There is no document associated with this entry.) Joint Case Management Statement due by 1/17/2023. Initial Case Management Conference set for 1/24/2023 01:30 PM in Oakland, - Videoconference Only. (amg, COURT STAFF) (Filed on 11/8/2022) (Entered: 11/08/2022)
2023-01-1234FURTHER JOINT CASE MANAGEMENT STATEMENT; [PROPOSED] ORDER filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Johns, Douglas) (Filed on 1/12/2023) Modified on 1/13/2023 (kmg, COURT STAFF). (Entered: 01/12/2023)
2023-01-1935CLERK'S NOTICE: You are hereby notified that the initial case management conference previously set for 1/24/2023 is continued to 5/23/2023 at 1:30pm in Oakland, this proceeding will be held via a Zoom webinar. Updated joint case management statement is due by 5/16/2023. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw Gene ral Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (This is a text-only entry generated by the court. There is no document associ ated with this entry.) (wft, COURT STAFF) (Filed on 1/19/2023) (Entered: 01/19/2023)
2023-05-1036NOTICE of Substitution of Counsel by John Wesley Samples (Samples, John) (Filed on 5/10/2023) (Entered: 05/10/2023)
2023-05-1637STIPULATION WITH PROPOSED ORDER re 35 Clerk's Notice,,,, JOINT STIPULATION TO CONTINUE THE FURTHER JOINT CASE MANAGEMENT STATEMENT AND FURTHER CASE MANAGEMENT CONFERENCE; AND [PROPOSED] ORDER filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Attachments: # 1 Declaration)(Samples, John) (Filed on 5/16/2023) (Entered: 05/16/2023)
2023-05-1938Order by Magistrate Judge Kandis A. Westmore granting 37 Stipulation to Continue Case Management Conference. Joint Case Management Statement due by 9/19/2023. Initial Case Management Conference set for 9/26/2023 01:30 PM in Oakland, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF) (Filed on 5/19/2023) (Entered: 05/19/2023)
2023-09-1939STIPULATION WITH PROPOSED ORDER JOINT STIPULATION TO CONTINUE THE FURTHER JOINT CASE MANAGEMENT STATEMENT AND FURTHER CASE MANAGEMENT CONFERENCE filed by United States Department of Homeland Security, United States Immigration & Customs Enforcement. (Attachments: # 1 Declaration)(Samples, John) (Filed on 9/19/2023) (Entered: 09/19/2023)
2023-09-2140Order by Magistrate Judge Kandis A. Westmore granting 39 Stipulation to Continue Case Management Conference. Joint Case Management Statement due by 1/16/2024. Initial Case Management Conference set for 1/23/2024 01:30 PM in Oakland, this proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom guidance and setup: https://www.cand.uscourts.gov/zoom/ (wft, COURT STAFF) (Filed on 9/21/2023) (Entered: 09/21/2023)
2023-10-1841NOTICE of Change In Counsel by Emily Jamieson Creighton (Creighton, Emily) (Filed on 10/18/2023) (Entered: 10/18/2023)
2024-01-1642STIPULATION WITH PROPOSED ORDER JOINT STIPULATION TO CONTINUE CASE MANAGEMENT CONFERENCE AND JOINT CASE MANAGEMENT STATEMENT filed by American Immigration Council, Immigrant Legal Resource Center, Mijente Support Committee. (Attachments: # 1 Declaration of Laura Herrera-Sarabia In Support of Joint Stipulation to Continue Case Management Conference and Joint Case Management Statement)(Herrera-Sarabia, Laura) (Filed on 1/16/2024) (Entered: 01/16/2024)
2024-01-1943CLERK'S NOTICE CONTINUING INITIAL CASE MANAGEMENT CONFERENCE. Initial Case Management Conference set for 1/23/2024 continued to 5/28/2024 at 1:30 PM in Oakland, - Videoconference Only. Case Management Statement due by 5/21/2024. This proceeding will be held via a Zoom webinar. Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/ . (This is a text-only entry generated by the court. There is no document associated with this entry.) (bxl, COURT STAFF) (Filed on 1/19/2024) (Entered: 01/19/2024)
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