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Case TitleAmerican Civil Liberties Union Foundation et al v. United States Immigration and Customs Enforcement
DistrictCentral District of California
CityWestern Division - Los Angeles
Case Number2:2022cv01291
Date Filed2022-02-24
Date Closed2023-04-04
JudgeJudge R. Gary Klausner
PlaintiffAmerican Civil Liberties Union Foundation
PlaintiffAmerican Civil Liberties Union Foundation of Southern California, -
Case DescriptionThe ACLU and the ACLU of Southern California submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning implementation of its Intensive Supervision Appearance Program, the largest alternative to detention. The ACLU also asked for expedited processing and a fee waiver. The agency acknowledged receipt of the requests. After hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-241COMPLAINT Receipt No: ACACDC-32847379 - Fee: $402, filed by Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Attorney Liga Chia added to party American Civil Liberties Union Foundation(pty:pla), Attorney Liga Chia added to party American Civil Liberties Union Foundation of Southern California(pty:pla))(Chia, Liga) (Entered: 02/24/2022)
2022-02-242CIVIL COVER SHEET filed by Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. (Chia, Liga) (Entered: 02/24/2022)
2022-02-243NOTICE of Interested Parties filed by Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California, identifying American Civil Liberties Union Foundation; American Civil Liberties Union Foundation of Southern California; United States Immigration and Customs Enforcement. (Chia, Liga) (Entered: 02/24/2022)
2022-02-254Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. (Chia, Liga) (Entered: 02/25/2022)
2022-02-255NOTICE OF ASSIGNMENT to District Judge Christina A. Snyder and Magistrate Judge Steve Kim. (jtil) (Entered: 02/25/2022)
2022-02-256NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (jtil) (Entered: 02/25/2022)
2022-02-257Notice to Counsel Re Consent to Proceed Before a United States Magistrate Judge. (jtil) (Entered: 02/25/2022)
2022-02-28860 DAY Summons Issued re Complaint (Attorney Civil Case Opening), 1 as to Defendant United States Immigration and Customs Enforcement. (shb) (Entered: 02/28/2022)
2022-02-289NOTICE OF PRO HAC VICE APPLICATION DUE for Non-Resident Attorney Noor Zafar. A document recently filed in this case lists you as an out-of-state attorney of record. However, the Court has not been able to locate any record that you are admitted to the Bar of this Court, and you have not filed an application to appear Pro Hac Vice in this case. Accordingly, within 5 business days of the date of this notice, you must either (1) have your local counsel file an application to appear Pro Hac Vice (Form G-64) and pay the applicable fee, or (2) complete the next section of this form and return it to the court at cacd_attyadm@cacd.uscourts.gov. You have been removed as counsel of record from the docket in this case, and you will not be added back to the docket until your Pro Hac Vice status has been resolved. (jtil) (Entered: 02/28/2022)
2022-03-0110APPLICATION of Non-Resident Attorney Noor Zafar to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32872307) American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. (Attachments: # 1 Proposed Order) (Chia, Liga) (Entered: 03/01/2022)
2022-03-0211NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Noor Zafar to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California (Pro Hac Vice Fee - $500 Fee Paid, Receipt 10 . The following error(s) was/were found: Local Rule 5-4.3.4 Application not hand-signed. Other error(s) with document(s): The attorney seeking to appear pro hac vice must complete Section I of this Application, personally sign, in ink, the certification in Section II, and have the designated Local Couunsel sign in Section III. ELECTRONIC SIGNATURES ARE NOT ACCEPTED. See Instructions for Applicants (1). (lt) (Entered: 03/02/2022)
2022-03-0312APPLICATION of Non-Resident Attorney to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California (Pro Hac Vice Fee - $500.00 Previously Paid on 3/1/2022, Receipt No. ACACDC-32872307) American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. (Attachments: # 1 Proposed Order, # 2 PHV Receipt) (Chia, Liga) (Entered: 03/03/2022)
2022-03-0313ORDER RETURNING CASE FOR REASSIGNMENT by Judge Christina A. Snyder. ORDER case returned to the Clerk for random reassignment pursuant to General Order 21-01. Case randomly reassigned from Judge Christina A. Snyder to Judge R. Gary Klausner for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:22-cv-01291 RGK(SKx). (rn) (Entered: 03/03/2022)
2022-03-0314STANDING ORDER REGARDING NEWLY ASSIGNED CASES by Judge R. Gary Klausner. (jre) (Entered: 03/03/2022)
2022-03-0415Notice of Appearance or Withdrawal of Counsel: for attorney Carmen Iguina counsel for Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. Adding Carmen Iguina Gonzalez as counsel of record for American Civil Liberties Union Foundation and American Civil Liberties Union Foundation of Southern California for the reason indicated in the G-123 Notice. Filed by Plaintiff American Civil Liberties Union Foundation and American Civil Liberties Union Foundation of Southern California. (Iguina, Carmen) (Entered: 03/04/2022)
2022-03-0716APPLICATION of Non-Resident Attorney Michael K. T. Tan to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-32899559) filed by Plaintiff American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. (Attachments: # 1 Proposed Order G-64 Order for Michael Tan) (Chia, Liga) (Entered: 03/07/2022)
2022-03-0717ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: GRANTING granting 10 12 Non-Resident Attorney Noor Zafar APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation and American Civil Liberties Union Foundation of Southern California, designating Liga Chia as local counsel. (lt) (Entered: 03/08/2022)
2022-03-0818NOTICE of Deficiency in Electronically Filed Pro Hac Vice Application RE: APPLICATION of Non-Resident Attorney Michael K. T. Tan to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California (Pro Hac Vice Fee - $500 Fee Paid, R 16 . The following error(s) was/were found: Proposed Order has not been flattened and is causing a corruption with the filing. (lt) (Entered: 03/08/2022)
2022-03-1019ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge R. Gary Klausner: GRANTING 16 Non-Resident Attorney Michael K. T. Tan APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union Foundation and for American Civil Liberties Union Foundation of Southern California, designating Liga Chia as local counsel. (lt) (Entered: 03/11/2022)
2022-03-1520PROOF OF SERVICE Executed by Plaintiff American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California, upon Defendant United States Immigration and Customs Enforcement served on 3/7/2022, answer due 5/6/2022. Service of the Summons and Complaint were executed upon the United States Attorneys Office by delivering a copy to Receptionist. Executed upon the Attorney Generals Office of the United States by delivering a copy to Individual. Executed upon the officer agency or corporation by delivering a copy to Individual. Service was executed in compliance with Federal Rules of Civil Procedure. Due diligence declaration NOT attached. Registered or certified mail return receipt attached. (Chia, Liga) (Entered: 03/15/2022)
2022-05-0621STIPULATION Extending Time to Answer the complaint as to United States Immigration and Customs Enforcement answer now due 6/6/2022, re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Immigration and Customs Enforcement.(Attorney Jason K Axe added to party United States Immigration and Customs Enforcement(pty:dft))(Axe, Jason) (Entered: 05/06/2022)
2022-06-0622STIPULATION for Extension of Time to File Answer to 07/06/22 re Complaint (Attorney Civil Case Opening), 1 filed by DEFENDANT United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 06/06/2022)
2022-06-0723DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re Stipulation to Extend Time to Answer (More than 30 days) 22 . (jp) (Entered: 06/07/2022)
2022-06-0724STIPULATION for Extension of Time to File Answer to July 15, 2022 re Complaint (Attorney Civil Case Opening), 1 filed by Defendant United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 06/07/2022)
2022-06-2125Notice of Appearance or Withdrawal of Counsel: for attorney Liga Chia counsel for Plaintiffs American Civil Liberties Union Foundation, American Civil Liberties Union Foundation of Southern California. Liga Chia is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiffs Liga Chia. (Chia, Liga) (Entered: 06/21/2022)
2022-06-2426ORDER DENIED RE EXTENDING TIME FORDEFENDANT TO RESPOND TOPLAINTIFF'S COMPLAINT 24 by Judge R. Gary Klausner. (lom) (Entered: 06/24/2022)
2022-06-2427MINUTE ORDER(In Chambers) Order to Show Cause re Dismissal for Lack of Prosecution by Judge R. Gary Klausner. In the present case, it appears that one or more of these time periods has not been met. Accordingly, the court, on its own motion, orders plaintiff(s) to show cause in writing by July 6, 2022, why this action should not be dismissed for lack of prosecution as to certain defendant(s). Alternatively, the Court will consider the following a satisfactory response to the Order to Show Cause: Response to the Complaint by June 29, 2022, by the following defendant(s): United States Immigration and Customs Enforcement -or- If a defendant listed above does not respond by June 29, 2022, Plaintiff's application for entry of default by clerk pursuant to Rule 55a of the Federal Rules of Civil Procedure by July 6, 2022. See minute order for details. (lom) (Entered: 06/27/2022)
2022-06-2928Notice of Appearance or Withdrawal of Counsel: for attorney Carmen Iguina counsel for Plaintiff American Civil Liberties Union Foundation. Carmen Iguina Gonzalez is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff American Civil Liberties Union Foundation. (Iguina, Carmen) (Entered: 06/29/2022)
2022-06-2929ANSWER to Complaint (Attorney Civil Case Opening), 1 filed by DEFENDANT United States Immigration and Customs Enforcement.(Axe, Jason) (Entered: 06/29/2022)
2022-06-3030ORDER SETTING SCHEDULING CONFERENCE by Judge R. Gary Klausner. Rule 26 Meeting Report due by 8/15/2022. Scheduling Conference set for 8/22/2022, at 9:00 AM. (jre) (Entered: 06/30/2022)
2022-06-3031ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Order to Show Cause 27 issued on 6/24/2022 is hereby DISCHARGED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY (Entered: 06/30/2022)
2022-07-2832STIPULATION to Continue DATES Re: Initial Order Setting R26 Scheduling Conference - form only 30 filed by DEFENDANT United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 07/28/2022)
2022-07-2933DENIED BY ORDER OF THE COURT by Judge R. Gary Klausner re Stipulation to Continue Scheduling Conference and Deadlines for Joint Statement 32 . NO GOOD CAUSE SHOWN. (jp) (Entered: 08/01/2022)
2022-08-1134JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial 1-2 days, filed by Defendant United States Immigration and Customs Enforcement.. (Axe, Jason) (Entered: 08/11/2022)
2022-08-1935Notice of Appearance or Withdrawal of Counsel: for attorney Alarice M Medrano counsel for Defendant United States Immigration and Customs Enforcement. Adding Alarice M. Medrano as counsel of record for United States Immigration and Customs Enforcement for the reason indicated in the G-123 Notice. Filed by Defendant United States Immigration and Customs Enforcement. (Attorney Alarice M Medrano added to party United States Immigration and Customs Enforcement(pty:dft))(Medrano, Alarice) (Entered: 08/19/2022)
2022-08-2236MINUTES OF SCHEDULING CONFERENCE before Judge R. Gary Klausner: The Scheduling Conference is held and the Court sets the following dates: Trial Motion filing deadline: 1/23/2023. Opposition: 2/13/2023. Reply: 2/27/2022. Court Trial (to be taken under submission): 3/6/2023 at 9:00 AM. Court Reporter: Sherri Kleeger. (jp) (Entered: 08/23/2022)
2022-08-2537ORDER FOR COURT TRIAL by Judge R. Gary Klausner. Motions due by 1/23/2023. Bench Trial set for 3/6/2023 09:00 AM before Judge R. Gary Klausner. (jre) (Entered: 08/25/2022)
2023-01-1938STIPULATION to Continue BRIEFING SCHEDULE Re: Scheduling Conference - optional html form, 36 filed by DEFENDANT United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 01/19/2023)
2023-01-2339ORDER CONTINUING BRIEFING SCHEDULE FOR TRIAL 38 by Judge R. Gary Klausner. IT IS SO ORDERED that the following dates shall govern in this action, for the reasons set forth in the parties' stipulation: Trial Motion filing deadline 3/27/23; Opposition 4/17/23; Reply 5/1/23; Court Trial (taken under submission) 5/8/23. (lom) (Entered: 01/23/2023)
2023-01-2340Notice of Appearance or Withdrawal of Counsel: for attorney Michael K. T. Tan counsel for Plaintiff American Civil Liberties Union Foundation. Michael K. T. Tan is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Plaintiff American Civil Liberties Union Foundation. (Tan, Michael) (Entered: 01/23/2023)
2023-03-2441STIPULATION to Continue BRIEFING SCHEDULE FOR TRIAL Re: Stipulation and Order,, Set/Reset Deadlines, 39 filed by DEFENDANT United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 03/24/2023)
2023-03-2842SCHEDULING NOTICE TO ALL PARTIES AND ORDER (IN CHAMBERS) by Judge R. Gary Klausner: The Stipulation to Continue 41 filed on 3/24/2023 is DENIED. However, the parties shall have a one week extension to file their briefing. Trial Motion due 4/3/2023; Opposition due 4/24/2023; Reply due 5/8/2023. The Court trial will be deemed off calendar and submitted upon the filing of a reply or upon the expiration of the reply deadline. No appearances by counsel on 5/8/2023 are necessary. The Court will issue a ruling after full consideration of properly submitted pleadings. SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) TEXT ONLY ENTRY (Entered: 03/28/2023)
2023-03-2943STIPULATION to Continue BRIEFING SCHEDULE Re: Text Only Scheduling Notice,, 42 filed by DEFENDANT United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 03/29/2023)
2023-03-2944ORDER CONTINUING BRIEFING SCHEDULE FOR TRIAL 43 by Judge R. Gary Klausner. IT IS SO ORDERED that the following dates shall govern in this action: Trial Motion filing deadline 4/7/23; Opposition 4/28/23; Reply 5/12/23. (lom) (Entered: 03/29/2023)
2023-04-0445STIPULATION to Dismiss Case pursuant to Federal Rules of Civil Procedure - Rule 41(a)(1)(A)(ii) filed by DEFENDANT United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Order)(Axe, Jason) (Entered: 04/04/2023)
2023-04-0446ORDER DISMISSINGACTION WITH PREJUDICE 45 by Judge R. Gary Klausner that pursuant to the parties' stipulation, this action is dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the FRCP. Each party will bear its own costs and fees. (Made JS-6. Case Terminated.) (jp) (Entered: 04/04/2023)
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