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Case TitleAmerican Civil Liberties Union of Massachusetts, Inc. v. U.S. Immigration and Customs Enforcement
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2022cv10407
Date Filed2022-03-16
Date Closed2023-09-19
JudgeJudge Patti B. Saris
PlaintiffAmerican Civil Liberties Union of Massachusetts, Inc.
Case DescriptionThe ACLU of Massachusetts submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning all guidance to ICE OPLA and OCC attorneys that is currently in effect. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the ACLU of Massachusetts filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [45]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-161COMPLAINT against U.S. Immigration and Customs Enforcement Filing fee: $ 402, receipt number AMADC-9229495 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Exhibit A FOIA request, # 2 Civil Cover Sheet, # 3 Civil Category Sheet)(Lafaille, Adriana) Docket Text Modified on 3/17/2022 (McManus, Caetlin). (Entered: 03/16/2022)
2022-03-172ELECTRONIC NOTICE of Case Assignment. Judge Patti B. Saris assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge M. Page Kelley. (Finn, Mary) (Entered: 03/17/2022)
2022-03-173NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union of Massachusetts, Inc. (Segal, Matthew) (Entered: 03/17/2022)
2022-03-174NOTICE of Appearance by Krista Oehlke on behalf of American Civil Liberties Union of Massachusetts, Inc. (Oehlke, Krista) (Entered: 03/17/2022)
2022-03-175Summons Issued as to U.S. Immigration & Customs Enforcement. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (McManus, Caetlin) (Entered: 03/17/2022)
2022-03-226AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts, Inc.. U.S. Immigration & Customs Enforcement served on 3/21/2022, answer due 4/11/2022. Acknowledgement filed by American Civil Liberties Union of Massachusetts, Inc.. (Lafaille, Adriana) (Entered: 03/22/2022)
2022-03-227SUMMONS Returned Executed as to US Attorney by American Civil Liberties Union of Massachusetts, Inc.. (Lafaille, Adriana) (Entered: 03/22/2022)
2022-03-288NOTICE of Appearance by Erin E. Brizius on behalf of U.S. Immigration & Customs Enforcement (Brizius, Erin) (Entered: 03/28/2022)
2022-04-209ANSWER to 1 Complaint, by U.S. Immigration & Customs Enforcement.(Brizius, Erin) (Entered: 04/20/2022)
2022-04-2210NOTICE OF SCHEDULING CONFERENCE BY VIDEO: SCHEDULING CONFERENCE SET FOR 6/28/2022 02:00 PM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by VIDEO CONFERENCE. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Geraldino-Karasek, Clarilde) (Entered: 04/22/2022)
2022-06-2111CERTIFICATION pursuant to Local Rule 16.1 . (Brizius, Erin) (Entered: 06/21/2022)
2022-06-2112JOINT STATEMENT re scheduling conference . (Brizius, Erin) (Entered: 06/21/2022)
2022-06-2713CERTIFICATION pursuant to Local Rule 16.1 . (Oehlke, Krista) (Entered: 06/27/2022)
2022-06-2814Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Scheduling Conference held on 6/28/2022 by VIDEO. ORDERED: Joint Statement - Adopted, see joint statement for further details.(Attys present: Oehike, Brizius by video) (Court Reporter: No Court Reporter Used.) (Molloy, Maryellen) (Entered: 06/29/2022)
2022-06-3015SET SCHEDULING ORDER DEADLINES: Defendant's Motion for Summary Judgment due by 10/3/2022; Plaintiff's Cross- Motion for Summary Judgement and Opposition to Defendant's Motion for Summary Judgment due by 10/31/2022; Defendant's Opposition due by 11/21/2022; Plaintiff's Reply due by 12/12/2022. (Geraldino-Karasek, Clarilde) (Entered: 06/30/2022)
2022-09-0216NOTICE of Withdrawal of Appearance by Krista Oehlke (Oehlke, Krista) (Entered: 09/02/2022)
2022-09-2317Joint MOTION for Extension of Time and to Amend the Scheduling Order by U.S. Immigration & Customs Enforcement.(Brizius, Erin) (Entered: 09/23/2022)
2022-09-2718Judge Patti B. Saris:ENDORSED ORDER entered ALLOWED re 17 Joint Motion for Extension of Time and to Amend the Scheduling Order. (Geraldino-Karasek, Clarilde) (Entered: 09/29/2022)
2022-09-2919RESET SCHEDULING ORDER DEADLINES: Defendant's Motion for Summary Judgment due by 11/17/2022; Plaintiff's Cross- Motion for Summary Judgement and Opposition to Defendant's Motion for Summary Judgment due by 12/15/2022; Defendant's Opposition due by 1/5/2023; Plaintiff's Reply due by 1/26/2023. (Geraldino-Karasek, Clarilde) (Entered: 09/29/2022)
2022-11-1720MOTION for Summary Judgment by U.S. Immigration & Customs Enforcement.(Brizius, Erin) (Entered: 11/17/2022)
2022-11-1721MEMORANDUM in Support re 20 MOTION for Summary Judgment filed by U.S. Immigration & Customs Enforcement. (Brizius, Erin) (Entered: 11/17/2022)
2022-11-1722Statement of Material Facts L.R. 56.1 re 20 MOTION for Summary Judgment filed by U.S. Immigration & Customs Enforcement. (Attachments: # 1 Declaration of Fernando Pineiro, # 2 Exhibit 1: Vaughn Index, # 3 Exhibit 2: Documents)(Brizius, Erin) (Entered: 11/17/2022)
2022-11-1723ELECTRONIC NOTICE issued requesting courtesy copy for 20 MOTION for Summary Judgment, 22 Statement of Material Facts L.R. 56.1, 21 Memorandum in Support of Motion. Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 11/22/2022. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Geraldino-Karasek, Clarilde) (Entered: 11/17/2022)
2022-12-0724Assented to MOTION for Leave to Appear Pro Hac Vice for admission of Medha Swaminathan Filing fee: $ 100, receipt number AMADC-9620392 by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Affidavit)(Lafaille, Adriana) (Entered: 12/07/2022)
2022-12-0925Judge Patti B. Saris: ELECTRONIC ORDER entered granting 24 Motion for Leave to Appear Pro Hac Vice Added Medha Swaminathan. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account . You must put the docket number on your form when registering or it will be rejected. Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm . A Notice of Appearance must be entered on the docket by the newly admitted attorney. (McManus, Caetlin) (Entered: 12/09/2022)
2022-12-1326Assented to MOTION for Extension of Time to 12/22/22 to oppose Defendants summary judgment motion and file a cross-motion for summary judgment by American Civil Liberties Union of Massachusetts, Inc..(Lafaille, Adriana) (Entered: 12/13/2022)
2022-12-1327Judge Patti B. Saris: ELECTRONIC ORDER entered ALLOWED re 26 Assented to Motion for Extension of Time to oppose Defendants summary judgment motion and file a cross-motion for summary judgment.(Geraldino-Karasek, Clarilde) (Entered: 12/13/2022)
2022-12-1328RESET SCHEDULING ORDER DEADLINES: Plaintiff's opposition and cross-motion for summary judgment: December 22, 2022 Defendant's Opposition due by 1/12/2023; Plaintiff's Reply due by 2/2/2023. (Geraldino-Karasek, Clarilde) (Entered: 12/13/2022)
2022-12-1329ELECTRONIC NOTICE Setting Hearing on 20 MOTION for Summary Judgment AND 31 Cross MOTION for Summary Judgment : MOTION(S) HEARING SET FOR 3/23/2023 02:30 PM BY VIDEO before Judge Patti B. Saris. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the session's courtroom deputy as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the Court's general orders and public notices available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . (Geraldino-Karasek, Clarilde) Modified docket text on 3/8/2023 to include Motion 31 as hearing set as to both motions filed. (Geraldino-Karasek, Clarilde). (Entered: 12/13/2022)
2022-12-1930NOTICE of Appearance by Medha Swaminathan on behalf of American Civil Liberties Union of Massachusetts, Inc. (Swaminathan, Medha) (Entered: 12/19/2022)
2022-12-2231Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, Inc..(Lafaille, Adriana) (Entered: 12/22/2022)
2022-12-2232MEMORANDUM in Support re 31 Cross MOTION for Summary Judgment and in opposition to Defendant's Motion for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc.. (Lafaille, Adriana) (Entered: 12/22/2022)
2022-12-2233Statement of Material Facts L.R. 56.1 re 31 Cross MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc.. (Lafaille, Adriana) (Entered: 12/22/2022)
2022-12-2234AFFIDAVIT in Support re 31 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Exhibit)(Lafaille, Adriana) (Entered: 12/22/2022)
2023-01-1235Opposition re 31 Cross MOTION for Summary Judgment and Reply in Support of Defendant's Motion for Summary Judgment filed by U.S. Immigration & Customs Enforcement. (Attachments: # 1 Supplemental Pineiro Decl.)(Brizius, Erin) (Entered: 01/12/2023)
2023-01-1236Response by U.S. Immigration & Customs Enforcement to 33 Statement of Material Facts L.R. 56.1 . (Brizius, Erin) (Entered: 01/12/2023)
2023-02-0237REPLY to Response to 31 Cross MOTION for Summary Judgment , 20 MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc.. (Swaminathan, Medha) (Entered: 02/02/2023)
2023-02-0238DECLARATION of Betsy Ginsberg by American Civil Liberties Union of Massachusetts, Inc.. (Attachments: # 1 Exhibit 1 to Declaration of Betsy Ginsberg)(Swaminathan, Medha) (Entered: 02/02/2023)
2023-03-2340Electronic Clerk's Notes for proceedings held before Judge Patti B. Saris: Motion Hearing held on 3/23/2023 re 31 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, Inc by Video Motions taken under advisement. (Court Reporter: Lee Marzilli at leemarz@aol.com.) (Molloy, Maryellen) (Entered: 03/27/2023)
2023-03-2439NOTICE of Withdrawal of Appearance by Matthew Segal (Segal, Matthew) (Entered: 03/24/2023)
2023-03-2841NOTICE by U.S. Immigration & Customs Enforcement Of Submission (Brizius, Erin) (Entered: 03/28/2023)
2023-06-0542NOTICE of Appearance by Rayford A. Farquhar on behalf of U.S. Immigration & Customs Enforcement (Farquhar, Rayford) (Entered: 06/05/2023)
2023-06-0543NOTICE of Withdrawal of Appearance by Erin E. Brizius (Brizius, Erin) (Entered: 06/05/2023)
2023-08-0444NOTICE of Withdrawal of Appearance by Medha Swaminathan (Swaminathan, Medha) (Entered: 08/04/2023)
2023-08-0945Judge Patti B. Saris: MEMORANDUM AND ORDER entered. Plaintiff's cross-motion for summary judgment (Dkt. 31 ) is ALLOWED in part and DENIED in part. Defendant's motion for summary judgment (Dkt. 20 ) is ALLOWED in part and DENIED in part. The government shall disclose the documents within 60 days, consistent with this Order. SO ORDERED. (McManus, Caetlin) (Entered: 08/09/2023)
2023-08-1546Judge Patti B. Saris: ELECTRONIC ORDER entered. The parties shall file a Proposed Form of Judgment on or before 8/29/2023. (Geraldino-Karasek, Clarilde) (Entered: 08/15/2023)
2023-08-2247Assented to MOTION for Extension of Time to 09/15/2023 to To File a Proposed Form of Judgment by U.S. Immigration & Customs Enforcement.(Farquhar, Rayford) (Entered: 08/22/2023)
2023-08-2248Judge Patti B. Saris: ELECTRONIC ORDER entered Granting 47 ASSENTED TO Motion for Extension of Time up to and including to September 15, 2023, for the parties to file a proposed form of judgment. (mm) (Entered: 08/22/2023)
2023-09-1549Proposed Document(s) submitted by American Civil Liberties Union of Massachusetts, Inc.. Document received: Joint Proposed Judgment. (Attachments: # 1 Text of Proposed Order Judgment)(Lafaille, Adriana) (Entered: 09/15/2023)
2023-09-1850Judge Patti B. Saris: ORDER entered. JUDGMENT as to American Civil Liberties Union of Massachusetts, Inc. v. U.S. Immigration and Customs Enforcement.(Geraldino-Karasek, Clarilde) (Entered: 09/19/2023)
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