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Case TitleNational Immigration Litigation Alliance v. U.S. Immigration and Customs Enforcement (ICE)
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2022cv11331
Date Filed2022-08-17
Date Closed2023-09-14
JudgeJudge Indira Talwani
PlaintiffNational Immigration Litigation Alliance
Case DescriptionThe National Immigration Litigation Alliance submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the removal of withholding and Convention Against Torture grantees to non-designated countries. NILA also requested a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, NILA filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement (ICE)
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-171COMPLAINT against U.S. Immigration and Customs Enforcement (ICE) Filing fee: $ 402, receipt number AMADC-9458388 (Fee Status: Filing Fee paid), filed by National Immigration Litigation Alliance. (Attachments: # 1 Exhibit Exhibit A, FOIA Request, # 2 Exhibit Exhibit B, ICE FOIA Email, # 3 Civil Cover Sheet Civil cover sheet, # 4 Category form)(Marzouk, Stephanie) (Entered: 08/17/2022)
2022-08-172MOTION for Leave to Appear Pro Hac Vice for admission of Trina Realmuto, Mary Kenney Filing fee: $ 200, receipt number AMADC-9458582 by National Immigration Litigation Alliance. (Attachments: # 1 Exhibit Exhibit A, Trina Realmuto Affidavit, # 2 Exhibit Exhibit B, Mary Kenney Affidavit, # 3 Text of Proposed Order Proposed order)(Marzouk, Stephanie) (Entered: 08/17/2022)
2022-08-183ELECTRONIC NOTICE of Case Assignment. Judge Indira Talwani 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 Paul G. Levenson. (Finn, Mary) (Entered: 08/18/2022)
2022-08-184Summons Issued as to U.S. Immigration and Customs Enforcement (ICE). 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. (Phillips, Sophie) (Entered: 08/18/2022)
2022-08-185Judge Indira Talwani: ELECTRONIC ORDER granting 2 Motion for Leave to Appear Pro Hac Vice Added Trina Realmuto, Mary Kenney. 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 . 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. (Kelly, Danielle) (Entered: 08/18/2022)
2022-08-196NOTICE of Appearance by Trina Realmuto on behalf of National Immigration Litigation Alliance (Realmuto, Trina) (Entered: 08/19/2022)
2022-08-237NOTICE of Appearance by Mary Kenney on behalf of National Immigration Litigation Alliance (Kenney, Mary) (Entered: 08/23/2022)
2022-08-248NOTICE of Appearance by Thomas E. Kanwit on behalf of U.S. Immigration and Customs Enforcement (ICE) (Kanwit, Thomas) Modified on 8/24/2022: corrected docket text (Kelly, Danielle). (Entered: 08/24/2022)
2022-08-259AFFIDAVIT OF SERVICE Executed by National Immigration Litigation Alliance. U.S. Immigration and Customs Enforcement (ICE) served on 8/24/2022, answer due 9/14/2022. Acknowledgement filed by National Immigration Litigation Alliance. (Realmuto, Trina) (Entered: 08/25/2022)
2022-09-1910ANSWER to 1 Complaint, by U.S. Immigration and Customs Enforcement (ICE).(Kanwit, Thomas) (Entered: 09/19/2022)
2022-09-2011SEE ATTACHED NOTICE of Scheduling Conference with attached TEMPLATE: Scheduling Conference set for 10/17/2022 02:30 PM in Courtroom 9 (Remote only) before Judge Indira Talwani. 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 . (MacDonald, Gail) (Entered: 09/20/2022)
2022-09-2912Joint MOTION to Amend 11 Notice of Scheduling Conference,,,, by National Immigration Litigation Alliance.(Realmuto, Trina) (Entered: 09/29/2022)
2022-09-3013Judge Indira Talwani: ELECTRONIC ORDER granting Joint Motion to Amend Scheduling Order 12 . The Notice of Scheduling Conference is vacated and the scheduling conference set for October 17, 2022, is cancelled. The parties shall file a joint status report no later than November 11, 2022, informing the court of the status of Defendant's search and review of documents responsive to the FOIA Request, whether summary judgment briefing may be necessary and, if so, a proposed briefing schedule. (Kelly, Danielle) (Entered: 09/30/2022)
2022-11-1414STATUS REPORT by National Immigration Litigation Alliance. (Attachments: # 1 Text of Proposed Order)(Realmuto, Trina) (Entered: 11/14/2022)
2022-11-1515Judge Indira Talwani: ELECTRONIC ORDER: On September 30, 2022, the court directed the parties to "file a joint status report no later than November 11, 2022, informing the court of the status of Defendant's search and review of documents responsive to the FOIA Request, whether summary judgment briefing may be necessary and, if so, a proposed briefing schedule." Plaintiff filed an individual Status Report, see Plaintiff's Status Report 14 ; Defendant has neither joined that report nor filed an individual status report. No later than November 18, 2022, Defendant shall file a status report: (1) stating any material disagreement with the substance of Plaintiff's Status Report 14 , and (2) responding to Plaintiff's request that the court order Defendant to produce 14 located records forthwith, and to disclose to Plaintiff the search terms and universe of potential documents on or before November 23, 2022. (Kelly, Danielle) (Entered: 11/15/2022)
2022-11-1816STATUS REPORT by U.S. Immigration and Customs Enforcement (ICE). (Attachments: # 1 Exhibit A)(Kanwit, Thomas) (Entered: 11/18/2022)
2022-12-0517Judge Indira Talwani: ELECTRONIC ORDER: the parties shall file a joint report no later than December 7, 2022, (a) confirming that the documents described in the government's Status Report 16 have been produced; (b) identifying any remaining outstanding discovery disputes; and (c) stating whether summary judgment briefing may be necessary and if so, proposing a briefing schedule. (Kelly, Danielle) (Entered: 12/05/2022)
2022-12-0718STATUS REPORT Joint Status Report by National Immigration Litigation Alliance. (Kenney, Mary) (Entered: 12/07/2022)
2023-02-0319Judge Indira Talwani: ELECTRONIC ORDER: the parties shall file a joint status report no later than February 8, 2023, stating: (1) whether ICE responded to Plaintiff regarding the request for a Vaughn index of records; (2) whether summary judgment briefing is necessary; and (3) if so, setting forth a proposed schedule for summary judgment briefing. (Status Report due by 2/8/2023) (MacDonald, Gail) (Entered: 02/03/2023)
2023-02-0820STATUS REPORT Joint by U.S. Immigration and Customs Enforcement (ICE). (Kanwit, Thomas) (Entered: 02/08/2023)
2023-02-1021Judge Indira Talwani: ELECTRONIC ORDER: no later than February 24, 2023, counsel shall file a joint status report notifying the court as to the necessity of summary judgment briefing and a proposed schedule therefor. (Kelly, Danielle) (Entered: 02/10/2023)
2023-02-2422STATUS REPORT (Joint) by National Immigration Litigation Alliance. (Realmuto, Trina) (Entered: 02/24/2023)
2023-02-2823Judge Indira Talwani: ELECTRONIC ORDER No later than March 24, 2023, counsel shall file a joint status report as to the agency's production of final answers and reprocessed pages and whether fees have been resolved. (Kelly, Danielle) (Entered: 02/28/2023)
2023-03-2324STATUS REPORT Joint by U.S. Immigration and Customs Enforcement (ICE). (Kanwit, Thomas) (Entered: 03/23/2023)
2023-03-2725Judge Indira Talwani: ELECTRONIC ORDER in light of the Joint Status Report 24 , the parties shall jointly report to the court on or before April 24, 2023, regarding the status of settlement negotiations. (Kelly, Danielle) (Entered: 03/27/2023)
2023-04-2426STATUS REPORT by Plaintiff by National Immigration Litigation Alliance. (Realmuto, Trina) (Entered: 04/24/2023)
2023-04-2527Judge Indira Talwani: ELECTRONIC ORDER in light of Plaintiff's Status Report 26 stating that the government agrees with Plaintiff's request for an additional 30 days to negotiate fees and finalize terms of a settlement, the parties shall jointly report to the court on or before May 24, 2023, that the matter has been settled or proposing a briefing schedule for any fee petition or other matter in dispute. (Kelly, Danielle) (Entered: 04/25/2023)
2023-05-2428STATUS REPORT Joint by U.S. Immigration and Customs Enforcement (ICE). (Kanwit, Thomas) (Entered: 05/24/2023)
2023-05-2529Judge Indira Talwani: Electronic Order in light of the parties' Joint Status Report 28 stating that "it will take approximately 10 days to negotiate fees and finalize the terms of a settlement" and that "[f]ull approval of the proposed settlement by Defendant will require additional time," the parties shall jointly report to the court on or before June 8, 2023, confirming that the terms of a settlement have been finalized, and providing the court with an informed estimate of the time needed for full approval of the proposed settlement by Defendant.(Kelly, Danielle) (Entered: 05/25/2023)
2023-06-0830STATUS REPORT (Joint) by National Immigration Litigation Alliance. (Attachments: # 1 Exhibit Settlement Agreement)(Realmuto, Trina) (Entered: 06/08/2023)
2023-06-0931Judge Indira Talwani: ELECTRONIC ORDER in light of the parties Joint Status Report 30 , counsel shall file a joint status report no later than October 13, 2023, if the action has not been dismissed prior to that date. (Kelly, Danielle) (Entered: 06/09/2023)
2023-09-1332STIPULATION of Dismissal (Joint) by National Immigration Litigation Alliance. (Realmuto, Trina) (Entered: 09/13/2023)
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