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Case TitleBoard of County Supervisors of Prince William County, VA v. U.S. Department of Homeland Security
DistrictEastern District of Virginia
CityAlexandria
Case Number1:2011cv00224
Date Filed2011-03-02
Date Closed2012-03-22
JudgeDistrict Judge Anthony J Trenga
PlaintiffBoard of County Supervisors of Prince William County, VA
DefendantU.S. Department of Homeland Security
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

2011-03-021COMPLAINT against U.S. Department of Homeland Security ( Filing fee $ 350.00 receipt number 14683019835.), filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit A-D, # 2 Letter, # 3 Civil Cover Sheet, # 4 Receipt)(tfitz, ) (Entered: 03/03/2011)
2011-06-282Summons Issued and given to attorney for service by Certified Mail as to U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (tfitz, ) (Entered: 06/29/2011)
2011-07-133NOTICE of Appearance by R. Joseph Sher on behalf of U.S. Department of Homeland Security (Sher, R.) (Entered: 07/13/2011)
2011-07-134Certificate Reporting Service as to U.S. Attorney served on 6/29/2011, answer due 8/29/2011. (tfitz, ) (Entered: 07/13/2011)
2011-08-015MOTION to Dismiss for Lack of Jurisdiction Because the Plaintiff's Claim is Moot by U.S. Department of Homeland Security. (Attachments: # 1 Affidavit Declaration of Ryan Law)(Sher, R.) (Entered: 08/01/2011)
2011-08-016Memorandum in Support re 5 MOTION to Dismiss for Lack of Jurisdiction Because the Plaintiff's Claim is Moot filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 08/01/2011)
2011-08-017Notice of Hearing Date set for 08/26/2011 re 5 MOTION to Dismiss for Lack of Jurisdiction Because the Plaintiff's Claim is Moot (Sher, R.) (Entered: 08/01/2011)
2011-08-01Set Deadline as to 5 MOTION to Dismiss for Lack of Jurisdiction Because the Plaintiff's Claim is Moot . Motion Hearing set for 8/26/2011 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (stas) (Entered: 08/02/2011)
2011-08-058AMENDED COMPLAINT against U.S. Department of Homeland Security, filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit FOIA Request #1 to ICE from plaintiff, # 2 Exhibit 11/16/10 electronic confirmation of reciept of request, # 3 Exhibit 11/18/10 letter from defendant to plaintiff, # 4 Exhibit 1/25/11 written request from plaintiff to defendant for status update, # 5 Exhibit plaintiff original complaint filed 3/2/11, # 6 Exhibit 3/3/11 email from Dep. Dir. of FOIA to plaintiff with FOIA response)(Kelly, Megan) Modified to edit text on 8/5/2011 (tfitz, ). (Entered: 08/05/2011)
2011-08-059ORDERED that defendant's Motion to Dismiss as Moot 5 be, and the same hereby is, DENIED as moot without prejudice to renewal; and it is further ORDERED that the hearing currently scheduled for August 26, 2011, at 10:00 a.m. be, and the same hereby is, CANCELLED. Signed by District Judge Anthony J Trenga on 8/5/11. (tfitz, ) (Entered: 08/08/2011)
2011-08-2610Second MOTION to Dismiss by U.S. Department of Homeland Security. (Attachments: # 1 Affidavit Declaration of Jill A Eggleston with Exhibits A and B)(Sher, R.) (Entered: 08/26/2011)
2011-08-2611Memorandum in Support re 10 Second MOTION to Dismiss filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 08/26/2011)
2011-08-2612Notice of Hearing Date set for 09/23/2011 re 10 Second MOTION to Dismiss (Sher, R.) (Entered: 08/26/2011)
2011-08-26Set Deadline as to 10 Second MOTION to Dismiss. Motion Hearing set for 9/23/2011 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (stas) (Entered: 08/26/2011)
2011-09-2013Opposition to 10 Second MOTION to Dismiss filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Horan, Angela) (Entered: 09/20/2011)
2011-09-2114Memorandum in Opposition re 10 Second MOTION to Dismiss Supporting Document 13 filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Horan, Angela) (Entered: 09/21/2011)
2011-09-2215ORDERED that the County's Opposition to the Motion to Dismiss and for Summary Judgment 13 and Memorandum of Points and Authorities in Support of Plaintiffs Opposition to the Motion to Dismiss and for Summary Judgment 14 be, and the same hereby are, STRICKEN to the extent that they contain the County's opposition to DHS's Motion to Dismiss and for Summary Judgment 10 ; and it is further ORDERED that the County's Motion for Partial Summary Judgment 13 be, and the same hereby is, DENIED; and it is further ORDERED that DHS's Motion to Dismiss and for Summary Judgment 10 be. and the same, is GRAN TED in part and DENIED in part. To extent that the County claims categorically that Exemptions 6 and 7(C) of FOIA may not be invoked to protect the personal privacy of illegal aliens, and that USCIS is obligated to respond to FOIA requests directed to ICE, such claims are DISMISSED pursuant to Fed. R. Civ. P. 12(b)(6). The motion is DENIED as moot as to DHS's motion for summary judgment pursuant to Fed. R. Civ. P, 56; and it is further ORDERED that the hearing presently scheduled for Friday, September 23, 2011 at 10:00 a.m. be, and the same hereby is, CANCELLED. Signed by District Judge Anthony J Trenga on 9/22/11. (tfitz, ) (Entered: 09/22/2011)
2011-10-0516Consent MOTION for Extension of Time to File for Leave to File Second Amended Complaint by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Proposed Order, # 2 Exhibit 1, # 3 Exhibit A to Exhibit 1, # 4 Exhibit B to Exhibit 1, # 5 Exhibit C to Exhibit 1, # 6 Exhibit D to Exhibit 1, # 7 Exhibit E to Exhibit 1, # 8 Exhibit F to Exhibit 1, # 9 Exhibit G to Exhibit 1)(Horan, Angela) (Entered: 10/05/2011)
2011-10-1117ORDER granting 16 Motion for Extension of Time to File. Signed by Magistrate Judge Ivan D. Davis on 10/11/2011. (Davis, Ivan) (Entered: 10/11/2011)
2011-11-0118First MOTION for Leave to File Second Amended Complaint by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Proposed Order Granting leave to file Second Amended Complaint)(Horan, Angela) (Entered: 11/01/2011)
2011-11-0119AMENDED COMPLAINT for Relief under the Freedom of Information Act against U.S. Department of Homeland Security, filed by Board of County Supervisors of Prince William County, VA. (Attachments: # 1 Exhibit A to Second Amended Complaint, # 2 Exhibit B to Second Amended Complaint, # 3 Exhibit C to Second Amended Complaint, # 4 Exhibit D to Second Amended Complaint, # 5 Exhibit E to Second Amended Complaint, # 6 Exhibit F to Second Amended Complaint, # 7 Exhibit G to Second Amended Complaint, # 8 Exhibit H to Second Amended Complaint)(Horan, Angela) (Entered: 11/01/2011)
2011-11-0220Notice of Hearing Date set for November 18, 2011 re 18 First MOTION for Leave to File Second Amended Complaint (Attachments: # 1 Proposed Order)(Horan, Angela) (Entered: 11/02/2011)
2011-11-03Set Deadlines as to 18 First MOTION for Leave to File Second Amended Complaint . Motion Hearing set for 11/18/2011 at 10:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. (clar, ) (Entered: 11/03/2011)
2011-11-03MOTIONS REFERRED to Magistrate Judge: Davis. 18 First MOTION for Leave to File Second Amended Complaint (clar, ) (Entered: 11/03/2011)
2011-11-1521RESPONSE to Motion re 18 First MOTION for Leave to File Second Amended Complaint filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 11/15/2011)
2011-11-1522ORDER granting 18 Motion for Leave to File. Signed by Magistrate Judge Ivan D. Davis on 11/15/2011. (Davis, Ivan) (Entered: 11/15/2011)
2011-11-2123ANSWER to Complaint as amended by U.S. Department of Homeland Security.(Sher, R.) (Entered: 11/21/2011)
2011-12-0224SCHEDULING ORDER:Initial Pretrial Conference set for 12/28/2011 at 11:00 AM in Alexandria Courtroom 400 before Magistrate Judge Ivan D. Davis. Final Pretrial Conference set for 3/15/2012 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. Discovery due by 3/9/2012. Signed by District Judge Anthony J Trenga on 12/2/11. (Attachments: # 1 Mag. Consent, # 2 Pretrial Notice)(nhall) (Entered: 12/05/2011)
2011-12-2025Discovery Plan by Board of County Supervisors of Prince William County, VA.(Horan, Angela) (Entered: 12/20/2011)
2011-12-2226MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment by U.S. Department of Homeland Security. (Attachments: # 1 Affidavit Declaration of Ryan Law, # 2 Exhibit Exhibits to the Declaration of Ryan Law)(Sher, R.) (Entered: 12/22/2011)
2011-12-2227Memorandum in Support re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 12/22/2011)
2011-12-2228Notice of Hearing Date set for 1/27/2012 re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment (Sher, R.) (Entered: 12/22/2011)
2011-12-2229Joint MOTION Briefing Schedule on Defendant's Motion re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment by U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Sher, R.) Modified on 12/22/2011 to correct party filer (stas). (Entered: 12/22/2011)
2011-12-2230ORDER granting 29 Motion for approval of briefing schedule on Defendant's Motion for Judgment on the Pleadings or in the Alternative for Summary Judgment. Signed by Magistrate Judge Ivan D. Davis on 12/22/2011. (Davis, Ivan) (Entered: 12/22/2011)
2011-12-22Set Deadlines as to 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment . Motion Hearing set for 1/27/2012 at 10:00 AM in Alexandria Courtroom 701 before District Judge Anthony J Trenga. (clar, ) (Entered: 12/22/2011)
2011-12-22Notice of Correction re: 29 Joint MOTION Briefing Schedule on Defendant's Motion re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment by Board of County Supervisors of Prince William County, VA, U.S. Department of Homeland Security. The text has been modified to reflect the correct party/filer of the document. (stas) (Entered: 12/22/2011)
2011-12-2831Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis: Initial Pretrial Conference held on 12/28/2011. Appearances of counsel for plaintiff and defendant. FOIA Case - no discovery appropriate until after district judge rules on summary judgment motions. (ktot, ) (Entered: 12/29/2011)
2012-01-1332Memorandum in Opposition re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment filed by Board of County Supervisors of Prince William County, VA. (Horan, Angela) (Entered: 01/13/2012)
2012-01-1833REPLY to Response to Motion re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment filed by U.S. Department of Homeland Security. (Sher, R.) (Entered: 01/18/2012)
2012-01-2734Minute Entry for proceedings held before District Judge Anthony J Trenga: Motion Hearing held on 1/27/2012 re 26 MOTION for Judgment on the Pleadings or, in the Alternative for Summary Judgment filed by U.S. Department of Homeland Security: Appearances of counsel for Pltf and Deft. Motion argued. The Court is not going to dismiss the case w/ respect to the alien file until more information can be obtained. The Court takes the Motion UNDER ADVISEMENT w/ respect to the Section 7(C) and 6 exemptions. Order to follow. (Court Reporter R. Montgomery) (kbro) (Entered: 01/27/2012)
2012-01-3135ORDER granting in part and denying in part 26 Deft's Motion for Judgment on the Pleadings or, in the Alternative, for Summary Jdugment: It is ORDERED that summary judgment be, and the same hereby is, GRANTED to Deft as to Deft's withholding of information pursuant to Exemptions 6 and 7(C) of the FOIA, 5 U.S.C. §§ 552(b)(6) and 552(b)(7)(C); and it is further ORDERED that summary judgment be, and the same hereby is, DENIED to Deft as to Pltf's challenges to the Deft's failure to provide the alien file to Pltf in response to Pltf's FOIA request. Signed by District Judge Anthony J Trenga on 01/31/2012. (kbro) (Entered: 02/01/2012)
2012-03-0236Joint MOTION to Vacate 24 Scheduling Order, by U.S. Department of Homeland Security. (Sher, R.) (Entered: 03/02/2012)
2012-03-06MOTIONS REFERRED to Magistrate Judge: Davis. 36 Joint MOTION to Vacate 24 Scheduling Order, (clar, ) (Entered: 03/06/2012)
2012-03-0737Memorandum Supplementing to 36 Joint MOTION to Vacate 24 Scheduling Order, filed by U.S. Department of Homeland Security. (Attachments: # 1 Affidavit August 1, 2011 Declaration of Ryan Law, # 2 Letter ICE Memorandum Referring File to USCIS)(Sher, R.) (Entered: 03/07/2012)
2012-03-0738Petitioner's BRIEF by Board of County Supervisors of Prince William County, VA. (Black, Kevin) (Entered: 03/07/2012)
2012-03-0839ORDER denying 36 Joint MOTION to Vacate Scheduling Order. The final pretrial conference will be held, as scheduled, on Thursday, March 15, 2012 with Judge Trenga. Regarding the alien file, Plaintiff shall advise Defendant which, if any, redactions it wishes to challenge prior to the final pretrial conference, and Plaintiff shall file a notice with the Court informing the Court of the redactions it seeks to challenge no later than 12:00 p.m. on Wednesday, March 14, 2012. Signed by Magistrate Judge Ivan D. Davis on 03/08/2012. (jlan) (Entered: 03/09/2012)
2012-03-1540Minute Entry for proceedings held before District Judge Anthony J Trenga: Final Pretrial Conference held on 3/15/2012: Appearance of counsel for Pltf and Deft. No trial date set as the Parties are in settlement discussions at this time and anticipate that the case will be resolved. The only issue currently pending is attorney fees. Counsel to let the Court know the status of the settlement by no later than 03/23/2012 . (Court Reporter N/A) (kbro ) (Entered: 03/15/2012)
2012-03-2241SETTLEMENT AGREEMENT by Board of County Supervisors of Prince William County, VA. (Black, Kevin) (Entered: 03/22/2012)
2012-03-2242STIPULATION OF SETTLEMENT AND DISMISSAL. (See Order for full details) Signed by District Judge Anthony J Trenga on 3/22/2012. (tche) (Entered: 03/23/2012)
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