Case Detail

FOIA Project Annotation: A federal court in Connecticut has ruled that some records pertaining to a raid by agents of the Bureau of Immigration and Customs Enforcement in New Haven were properly withheld under Exemption 7(E) (investigative methods and techniques), but that some emails sent to the Mayor of New Haven are not protected under Exemption 5 (deliberative process privilege). The court found that the agency's "target apprehension chart," which contained columns of personally identifiable information, was protected by 7(E). The plaintiffs argued that much of the information about the agency's Fugitive Operations Team procedures was already public. The court noted that a publicly available agency report described the structure and information-gathering role of the Fugitive Operations Team, but the disputed information here was much more specific and "would reveal not only the precise investigative or surveillance techniques immediately preceding the operation but also operation-specific information that could allow unapprehended targets to evade law enforcement personnel in the future." The plaintiffs also argued that the identities of individuals who provided consent for agents to enter premises should be disclosed because that information was part of a public hearing in removal proceedings. But the court found that "it appears to the Court that disclosure of any such record requires the submission of a FOIA request" and added that "plaintiffs have not shown that such information is [actually] available pursuant to a FOIA request and have thus failed to carry their burden of production that the specific names of individuals who provided consent is in the public domain." The court found that emails concerning a response made to the Mayor of New Haven were neither predecisional nor deliberative. The court pointed out that the agency's claim "begs the question whether this particular email exchange concerns the development of agency policy that has yet to be adopted or rather the implementation or explanation of an already-adopted policy. . .If the Court were to accept DHS's assertion of the deliberative process for this email exchange, it would be enlarging the scope of Exemption (b)(5) by allowing each successive conversation that addressed an already-adopted policy to be characterized as the formulation of new agency policy. Allowing for such a liberal characterization of agency policy and decisionmaking would elide any distinction between pre-decisional and post-decisional documents."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2007-08-10	1	COMPLAINT against Department of Homeland Security ( Filing fee $ 350 receipt number N022076), filed by Unidad Latina En Accion, Junta for Progressive Action, Inc.(Rodko, B.) (Entered: 08/13/2007)
2007-08-10	2	Order on Pretrial Deadlines: Motions to Dismiss due on 11/10/07.Amended Pleadings due by 10/9/2007.,Discovery due by 2/9/2008.,Dispositive Motions due by 3/10/2008.. Signed by Clerk on 8/10/07. (Rodko, B.) (Entered: 08/13/2007)
2007-08-10	3	ELECTRONIC FILING ORDER. Signed by Judge Mark R. Kravitz on 8/10/07. (Rodko, B.) (Entered: 08/13/2007)
2007-08-10	4	Corporate Disclosure Statement by Junta for Progressive Action, Inc. (Rodko, B.) (Entered: 08/13/2007)
2007-08-10		Summons Issued as to Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Rodko, B.) (Entered: 08/13/2007)
2007-09-13	5	NOTICE of Appearance by Victoria S Shin on behalf of Department of Homeland Security (Shin, Victoria) (Entered: 09/13/2007)
2007-09-13	6	ANSWER to Complaint by Department of Homeland Security. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Shin, Victoria) (Entered: 09/13/2007)
2007-10-18	7	MOTION for telephonic status Conference by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Text of Proposed Order)(Lasch, Christopher) (Entered: 10/18/2007)
2007-10-18	8	NOTICE by Unidad Latina En Accion, Junta for Progressive Action, Inc re 7 MOTION for telephonic status Conference (CERTIFICATE OF SERVICE) (Lasch, Christopher) (Entered: 10/18/2007)
2007-10-18	9	MOTION Leave to Appear as Law Student by Unidad Latina En Accion.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)
2007-10-18	10	MOTION for Leave to Appear as Law Student by Unidad Latina En Accion.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)
2007-10-18	11	MOTION for Leave to Appear as Law Student by Junta for Progressive Action, Inc.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)
2007-10-18	12	MOTION for Leave to Appear as Law Student by Junta for Progressive Action, Inc.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)
2007-10-19	13	ORDER granting 7 Motion for Conference. A telephonic status conference will be held on October 22, 2007, at 11:30 a.m. Plaintiffs' counsel will initiate the conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. Signed by Judge Mark R. Kravitz on 10/19/2007. (Carotenuto, R.) (Entered: 10/19/2007)
2007-10-19	14	ORDER granting 9 , 10 , 11 , 12 Motions to appear as Law Student Interns. Signed by Judge Mark R. Kravitz on 10/19/2007. (Carotenuto, R.) (Entered: 10/19/2007)
2007-10-19		Set Deadlines: Telephone Status Conference set for 10/22/2007 11:30 AM before Judge Mark R. Kravitz (Ghilardi, K.) (Entered: 10/22/2007)
2007-10-22	15	Minute Entry for proceedings held before Judge Mark R. Kravitz : Telephone Status Conference held on 10/22/2007. 15 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 10/24/2007)
2008-03-03	16	First MOTION for Status Conference by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 03/03/2008)
2008-03-04		Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 3/4/2008. 8 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 03/05/2008)
2008-03-05	17	ORDER granting 16 Motion for Conference. The Court having conferred telephonically with counsel on March 4, 2008, the following schedule will govern: All Defendant agencies must file dispositive motions by April 4, 2008. No further extensions of this deadline will be granted for any reason. Plaintiffs shall file their responses no later than April 25, 2008. Defendants shall file their reply briefs no later than May 9, 2008. There will be no further extensions granted. Signed by Judge Mark R. Kravitz on 3/5/2008. (Carotenuto, R.) (Entered: 03/05/2008)
2008-03-05		Set Deadlines: Dispositive Motions due by 4/4/2008 (Ghilardi, K.) (Entered: 03/06/2008)
2008-04-04	18	NOTICE of Appearance by Douglas P. Morabito on behalf of Department of Homeland Security (Morabito, Douglas) (Entered: 04/04/2008)
2008-04-04	19	MOTION for Summary Judgment by Department of Homeland Security.Responses due by 4/25/2008 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit to Declaration, # 4 Exhibit to declaration, # 5 Exhibit to declaration, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Statement of Material Facts)(Morabito, Douglas) (Entered: 04/04/2008)
2008-04-25	20	OBJECTION re 19 MOTION for Summary Judgment of Defendant U.S. Dept. of Homeland Security filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Appendix of Unpublished Cases, # 2 Affidavit Declaration of Simon Moshenberg, # 3 Exhibit Exhibits A through E, # 4 Exhibit Exhibits F through S, # 5 Exhibit Exhibits T through U, # 6 Exhibit Exhibits T through EE, # 7 Statement of Material Facts 56a Statement)(Wishnie, Michael) (Entered: 04/25/2008)
2008-05-09	21	REPLY to Response to 19 MOTION for Summary Judgment filed by Department of Homeland Security. (Attachments: # 1 Supplement Declaration)(Morabito, Douglas) (Entered: 05/09/2008)
2008-05-19	22	ORDER Setting Hearing on Motion 19 MOTION for Summary Judgment: Oral argument set for 6/12/2008 at 03:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. Signed by Judge Mark R. Kravitz on 5/19/2008. (Carotenuto, R.) (Entered: 05/19/2008)
2008-06-10	23	NOTICE of Appearance by Michelle Lynn Colson on behalf of Department of Homeland Security (Colson, Michelle) (Entered: 06/10/2008)
2008-06-10	24	MOTION for Leave to Appear as Law Student Intern by Department of Homeland Security. (Colson, Michelle) (Entered: 06/10/2008)
2008-06-11	25	ORDER granting 24 Motion to Permit Appearance of Law Student Intern. Signed by Judge Mark R. Kravitz on 6/11/2008. (Carotenuto, R.) (Entered: 06/11/2008)
2008-06-12	26	Minute Entry. Proceedings held before Judge Mark R. Kravitz: taking under advisement 19 Motion for Summary Judgment; Motion Hearing held on 6/12/2008 re 19 MOTION for Summary Judgment filed by Department of Homeland Security. Total Time: 2 hours 6 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 06/13/2008)
2008-08-07	27	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 8/15/2008 at 09:00 AM before Judge Mark R. Kravitz for the purpose of discussing in camera review of documents. (Carotenuto, R.) (Entered: 08/07/2008)
2008-08-15	28	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/8/2008 at 03:30 PM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 08/15/2008)
2008-08-15	29	Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 8/15/2008. 46 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 08/21/2008)
2008-08-26	30	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. NOTE NEW TIME: Telephonic Conference reset for 9/8/2008 at 08:30 AM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 08/26/2008)
2008-08-28	31	MOTION to Withdraw Law Student Intern Appearance by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 08/28/2008)
2008-08-29	32	ORDER granting 31 Motion to Withdraw Law Student Intern Appearance of Justin Cox. Signed by Judge Mark R. Kravitz on 8/29/2008. (Carotenuto, R.) (Entered: 08/29/2008)
2008-09-02	33	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/4/2008 at 09:30 AM before Judge Mark R. Kravitz. Plaintiffs' attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 09/02/2008)
2008-09-04	34	Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 9/4/2008. 48 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 09/04/2008)
2008-09-05	35	ORDER. As discussed during an on-the-record telephonic conference on September 4, 2008, the Court sets the following schedule for supplemental filings: The Government will file a supplemental declaration from the Department of Homeland Security ("DHS") regarding additional searches no later than September 25, 2008. Plaintiffs must file any supplemental briefing related to the adequacy of the search no later than October 2, 2008, and the Government may respond no later than October 10, 2008. The Government will file a supplemental Vaughn Index regarding additional DHS documents no later than October 22, 2008. The parties will confer regarding the contents of the Index and the need for supplemental briefing and will submit a joint schedule for any additional briefing no later than October 31, 2008. Signed by Judge Mark R. Kravitz on 9/5/2008. (Carotenuto, R.) (Entered: 09/05/2008)
2008-09-05		Set Deadlines as to 19 MOTION for Summary Judgment. Responses due by 10/31/2008 (Ghilardi, K.) (Entered: 09/08/2008)
2008-09-25	36	NOTICE by Department of Homeland Security Second Supplemental Declaration (Morabito, Douglas)in support of 19 Motion for Summary Judgment. Modified on 9/26/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 09/25/2008)
2008-09-30	37	RULING on Documents Submitted In Camera. Joint Proposal to be submitted no later than 10/14/2008. Signed by Judge Mark R. Kravitz on 9/30/2008. (Kelsey, N.) (Entered: 09/30/2008)
2008-10-01	38	MOTION for Extension of Time to file response/reply to 19 motion for summary judgment until Oct. 9, 2008 re Plaintiffs' Supplemental Briefing 35 Order, by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) Modified on 10/2/2008 to correct event (Kelsey, N.). Modified on 10/10/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 10/01/2008)
2008-10-02	39	ORDER granting Plaintiffs' 38 Motion for Extension of Time. Plaintiffs' shall file their Supplemental Brief no later than October 9, 2008. The time for Defendant's Response is extended until October 17, 2008. Signed by Judge Mark R. Kravitz on 10/2/2008. (Flynn, E.) (Entered: 10/02/2008)
2008-10-03	40	First MOTION for Extension of Time to file response/reply until November 6, 2008 re 35 Order, by Department of Homeland Security. (Morabito, Douglas) re 19 motion for summary judgment. Modified on 10/3/2008 to correct event (Kelsey, N.). Modified on 10/10/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 10/03/2008)
2008-10-06	41	ORDER granting 40 Motion for Extension of Time. The Government shall file its supplemental Vaughn Index regarding additional DHS documents no later than November 6, 2008. Signed by Judge Mark R. Kravitz on 10/6/2008. (Flynn, E.) (Entered: 10/06/2008)
2008-10-06		Set Deadlines as to Vaughn Index 19 MOTION for Summary Judgment. Responses due by 11/6/2006 (Ghilardi, K.) (Entered: 10/07/2008)
2008-10-09	42	RESPONSE re 36 Notice Response to Second Supplemental Declaration re 19 motion for summary judgment filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Exhibit A)(Wishnie, Michael) Modified on 10/10/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 10/09/2008)
2008-10-14	43	STATUS REPORT by Department of Homeland Security. (Morabito, Douglas) (Entered: 10/14/2008)
2008-10-15	44	NOTICE by Department of Homeland Security re 36 Notice (Other) of Service (Morabito, Douglas) (Entered: 10/15/2008)
2008-10-15	45	ORDER. Based on the Status Report 43 filed with the Court on October 14, 2008, the Parties' deadline for filing a joint proposal that responds to the Court's Ruling on Documents Submitted In Camera 37 is extended to October 27, 2008. In addition, the Court previously granted the Government until November 6, 2008 to file its supplemental Vaughn Index regarding additional DHS documents 41 . Following the Government's filing of the supplemental Vaughn Index, the Court directs the Parties to confer regarding the contents of the Index and the need for supplemental briefing and to submit a joint schedule for any additional briefing no later than November 14, 2008. Signed by Judge Mark R. Kravitz on 10/15/2008. (Carotenuto, R.) (Entered: 10/15/2008)
2008-10-17	46	SCHEDULING ORDER: A Status Conference is set for 11/21/2008 at 02:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. Signed by Judge Mark R. Kravitz on 10/17/2008. (Carotenuto, R.) (Entered: 10/17/2008)
2008-10-17	47	REPLY to Response to 19 MOTION for Summary Judgment filed by Department of Homeland Security. (Morabito, Douglas) (Entered: 10/17/2008)
2008-10-27	48	MOTION for Extension of Time until October 28, 2008 (with consent) to file joint proposal identifying next steps by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 10/27/2008)
2008-10-28	49	ORDER granting 48 Motion for Extension of Time. The deadline for the parties to file a joint proposal identifying next steps is extended to October 28, 2008. Signed by Judge Mark R. Kravitz on 10/28/2008. (Carotenuto, R.) (Entered: 10/28/2008)
2008-10-28	50	MOTION for Leave to Appear Law Student Interns Hunter Smith and Jane Lewis by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wishnie, Michael) (Entered: 10/28/2008)
2008-10-28	51	Joint STATUS REPORT proposing next steps by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 10/28/2008)
2008-10-29	52	ORDER granting 50 Motion for law student interns Hunter Smith and Jane Lewis to appear on behalf of Plaintiffs. Signed by Judge Mark R. Kravitz on 10/29/2008. (Carotenuto, R.) (Entered: 10/29/2008)
2008-11-06	53	NOTICE by Department of Homeland Security Vaughn Index (Morabito, Douglas) (Entered: 11/06/2008)
2008-11-06	54	NOTICE by Department of Homeland Security Vaughn Index 52939 (Morabito, Douglas) (Entered: 11/06/2008)
2008-11-07	55	NOTICE by Department of Homeland Security re 54 Notice (Other), 53 Notice (Other) (Morabito, Douglas) (Entered: 11/07/2008)
2008-11-10	56	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. NOTE NEW TIME. The Status Conference set for 11/21/2008 will begin at 09:00 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. (Carotenuto, R.) (Entered: 11/10/2008)
2008-11-18	57	Joint STATUS REPORT by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 11/18/2008)
2008-11-21	58	Minute Entry for proceedings held before Judge Mark R. Kravitz: In Court Status Conference held on 11/21/2008. Total Time: 1 hour 19 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 11/21/2008)
2008-11-26	59	STATUS REPORT by Department of Homeland Security. (Morabito, Douglas) (Entered: 11/26/2008)
2008-12-09	60	RULING on the Adequacy of DHS's Search re 19 MOTION for Summary Judgment filed by Department of Homeland Security. Signed by Judge Mark R. Kravitz on 12/9/2008. (Kelsey, N.) (Entered: 12/09/2008)
2008-12-19	61	NOTICE by Department of Homeland Security re 60 Order (Morabito, Douglas) (Entered: 12/19/2008)
2008-12-23	62	MOTION to Alter Judgment, MOTION for Preliminary Injunction by Unidad Latina En Accion, Junta for Progressive Action, Inc.Responses due by 1/13/2009 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit A-G)(Wishnie, Michael) (Entered: 12/23/2008)
2008-12-24	63	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference set for 1/5/2009 at 10:00 AM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. Counsel are ordered by the court to be prepared to discuss the merits of all pending motions. Counsel are further ordered to be prepared to discuss the status of all pending declarations, the number of non-exempt documents that have yet to be released, and the nature of any remaining challenges to exemptions DHS has invoked with respect to documents located and/or reviewed after this Court's Ruling dated September 30, 2008. (Flynn, E.) (Entered: 12/24/2008)
2008-12-24	64	NOTICE OF REVISED E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. The telephone conference scheduled for 1/5/09 has been reset for an in-court conference on 1/5/2009 at 10:00 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. (Flynn, E.) (Entered: 12/24/2008)
2009-01-02	65	MOTION for Extension of Time by Department of Homeland Security. (Morabito, Douglas) (Entered: 01/02/2009)
2009-01-05	66	Minute Entry for proceedings held before Judge Mark R. Kravitz: In Court Status Conference held on 1/5/2009. 44 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 01/05/2009)
2009-01-05	67	ORDER. As explained during the on-the-record in-court conference on January 5, 2009, the Court grants Plaintiffs' Motion for Relief from Order and for Preliminary Injunction 62 insofar as it seeks to depose Ms. Catrina Pavlik-Keenan and SDDO Richard McCaffrey regarding the adequacy of the DHS search. The Court will withhold judgment regarding the adequacy of the DHS search pending the depositions of Ms. Pavlik-Keenan and Mr. McCaffrey. Plaintiffs shall conduct the depositions of Ms. Pavlik-Keenan and SDDO McCaffrey no later than February 5, 2009, at a time and place convenient to the parties. Further, based on DHS's representation that all other responsive, non-exempt documents have been produced, the Court orders DHS to produce the OPR documents to Plaintiffs no later than January 12, 2009. The Court will reserve on Plaintiffs' motion for a preliminary injunction as it may develop that the motion is moot. Signed by Judge Mark R. Kravitz on 1/5/2009. (Flynn, E.) (Entered: 01/05/2009)
2009-01-05	68	ORDER. As explained during the on-the-record in-court conference on January 5, 2009, the Court grants DHS's oral motion to withdraw its Motion for Summary Judgment 19 without prejudice to renewal insofar as it pertains to the adequacy of DHS's search. Further, Defendant's Motion for Summary Judgment 19 is denied as moot insofar as it sought to withhold law enforcement officers' names and telephone numbers from disclosure because DHS has disclosed the names to Plaintiffs and Plaintiffs do not seek the officers' telephone numbers. That leaves as the only issue remaining for decision on Defendant's Motion for Summary Judgment 19 , whether any remaining records were properly withheld under Exemption (b)(7)(E). DHS will review its withholdings and submit to the Court for in camera inspection any remaining records that the parties themselves have not resolved. The records shall be submitted to the Court no later than January 12, 2009. Signed by Judge Mark R. Kravitz on 1/5/2009. (Flynn, E.) (Entered: 01/05/2009)
2009-01-05	69	ORDER. As explained during the on-the-record in-court conference on January 5, 2009, the Court grants DHS's Motion for Extension of Time 65 to file its summary judgment motion no later than January 23, 2009. Signed by Judge Mark R. Kravitz on 1/5/2009. (Flynn, E.) (Entered: 01/05/2009)
2009-01-05		Set Deadlines: Dispositive Motions due by 1/23/2009 (Ghilardi, K.) (Entered: 01/08/2009)
2009-01-07	70	STATUS REPORT by Department of Homeland Security. (Morabito, Douglas) (Entered: 01/07/2009)
2009-01-08	71	ORDER. Having reviewed the Status Report 70 , and in light of the Court's Orders dated January 5, 2009, the Court vacates its prior order dated December 9, 2008 60 requiring the filing of the supplemental declaration by January 6, 2009. Signed by Judge Mark R. Kravitz on 1/8/2009. (Flynn, E.) (Entered: 01/08/2009)
2009-01-12	72	NOTICE by Department of Homeland Security Amended Vaughn Index (Attachments: # 1 Appendix Certicifcate of Service)(Morabito, Douglas) (Entered: 01/12/2009)
2009-01-20	73	Second MOTION for Extension of Time by Department of Homeland Security. (Morabito, Douglas) (Entered: 01/20/2009)
2009-01-21	74	ORDER granting 73 Motion, on Consent, for Extension of Time. Defendant Department of Homeland Security shall file its motion for summary judgment or, in the alternative, a motion for submission of documents at issue for this Court's in camera review no later than January 27, 2009. Signed by Judge Mark R. Kravitz on 1/21/2009. (Flynn, E.) (Entered: 01/21/2009)
2009-01-21		Set Deadlines: Dispositive Motions due by 1/27/2009 (Ghilardi, K.) (Entered: 01/22/2009)
2009-01-22	75	ORDER. In accordance with the Court's on-the-record telephonic status conference dated January 22, 2009, the Court grants Plaintiffs until January 26, 2009 to respond to Defendant's January 12, 2009 submission of documents for this Court's in camera review. Signed by Judge Mark R. Kravitz on 1/22/2009. (Flynn, E.) (Entered: 01/22/2009)
2009-01-22	76	ORDER. Based on the representations of counsel during this Court's on-the-record telephonic status conference dated January 22, 2009, the Court denies as moot Plaintiff's Motion for Preliminary Injunction 62 . Signed by Judge Mark R. Kravitz on 1/22/2009. (Flynn, E.) (Entered: 01/22/2009)
2009-01-22	78	Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 1/22/2009. 10 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 01/26/2009)
2009-01-26	77	Memorandum in Opposition regarding documents submitted for in camera review on January 12 2009 re 19 MOTION for Summary Judgment filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Affidavit, # 2 Exhibit A)(Wishnie, Michael) (Entered: 01/26/2009)
2009-01-27	79	MOTION In Camera Review of Documents by Department of Homeland Security.Responses due by 2/17/2009 (Morabito, Douglas) (Entered: 01/27/2009)
2009-01-29	80	Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Conference held on 1/29/2009. 13 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 01/30/2009)
2009-01-30	81	RULING on Documents Submitted In Camera denying as moot 19 Motion for Summary Judgment. Signed by Judge Mark R. Kravitz on 1/29/2009. (Kelsey, N.) (Entered: 01/30/2009)
2009-02-17	82	First MOTION for Extension of Time to File Response/Reply as to 79 MOTION In Camera Review of Documents until 2/23/09 by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 02/17/2009)
2009-02-18	83	ORDER granting 82 Motion for Extension of Time to File Response re 79 MOTION In Camera Review of Documents. Plaintiff shall file its brief on records submitted by Defendant DHS for in camera review no later than February 23, 2009. Signed by Judge Mark R. Kravitz on 2/18/2009. (Carotenuto, R.) (Entered: 02/18/2009)
2009-02-23	84	Second MOTION for Extension of Time to File Response/Reply as to 79 MOTION In Camera Review of Documents until March 2, 2009 by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 02/23/2009)
2009-02-24	85	ORDER granting 84 Motion for Extension of Time to File Response re 79 MOTION In Camera Review of Documents. Plaintiff shall file its brief on records submitted by Defendant DHS for in camera review no later than March 2, 2009. Signed by Judge Mark R. Kravitz on 2/24/2009. (Carotenuto, R.) (Entered: 02/24/2009)
2009-02-27	86	STATUS REPORT regarding Defendant's search for records by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 02/27/2009)
2009-03-02	87	Memorandum in Opposition re 79 MOTION In Camera Review of Documents filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Affidavit of Law Student Intern Jane Lewis, # 2 Exhibit A-J)(Wishnie, Michael) (Entered: 03/02/2009)
2009-03-05	88	MOTION for Status Conference by Department of Homeland Security. (Morabito, Douglas) (Entered: 03/05/2009)
2009-03-06	89	ORDER granting 88 Motion for Conference. A status conference will be held at 1:30 p.m. on March 9, 2009, in Courtroom Four, 141 Church Street, New Haven, Connecticut. Signed by Judge Mark R. Kravitz on 3/6/2009. (Carotenuto, R.) (Entered: 03/06/2009)
2009-03-06		Set Deadlines: Status Conference set for 3/9/2009 1:30 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz (Ghilardi, K.) (Entered: 03/09/2009)
2009-03-09	90	MOTION for Leave to Appear Law Student Intern Erin Macdonald by Junta for Progressive Action, Inc. (Attachments: # 1 Exhibit A)(Wishnie, Michael) (Entered: 03/09/2009)
2009-03-09	91	ORDER granting 90 Motion to Appear as Law Student Intern Erin Macdonald on behalf of Junta For Progressive Aciton, Inc. Signed by Judge Mark R. Kravitz on 3/9/2009. (Ghilardi, K.) (Entered: 03/09/2009)
2009-03-09	92	Minute Entry for proceedings held before Judge Mark R. Kravitz: In Court Status Conference held on 3/9/2009. 32 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 03/09/2009)
2009-03-09	93	ORDER. During an on-the-record, in-court status conference dated March 9, 2009, Plaintiffs made an oral application that this Court order Defendant Department of Homeland Security to process certain documents that haven't yet already been processed. The Court grants Plaintiffs' application and orders Defendant to process and determine which documents, if any, are subject to a partial or complete release under FOIA with respect to all outstanding records regarding Operation Return to Sender that resulted in the arrest of 29 individuals on June 6, 2007, including, but not limited to, records contained within the ICE FOIA working file and any other records identified by Ms. Catrina Pavlik-Keenan during her deposition. The Court further orders Defendant to process all OPR documents and to determine which documents, if any, are subject to a partial or complete release under FOIA. Defendant shall comply with all aspects of this Order no later than March 30, 2009. Signed by Judge Mark R. Kravitz on 3/9/2009. (Flynn, E.) (Entered: 03/09/2009)
2009-03-09	94	MOTION for Leave to Appear Pro Hac Vice: Attorney Muneer I. Ahmad, by Unidad Latina En Accion, Junta for Progressive Action, Inc. Filing Fee $25.00. Receipt Number N026963. (Kelsey, N.) (Entered: 03/11/2009)
2009-03-11	95	ORDER granting 94 Motion to Appear Pro Hac Vice. Attorney Muneer I. Ahmad for Unidad Latina En Accion and Junta for Progressive Action, Inc added. Signed by Clerk on 3/11/2009. (Kelsey, N.) (Entered: 03/11/2009)
2009-03-16	96	MOTION to Withdraw 79 MOTION In Camera Review of Documents by Department of Homeland Security. (Morabito, Douglas) (Entered: 03/16/2009)
2009-03-16	97	OBJECTION re 96 MOTION to Withdraw 79 MOTION In Camera Review of Documents filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 03/16/2009)
2009-03-18	98	ORDER denying 96 Motion to Withdraw. The Court will conduct an in camera review of the documents that the Government submitted on January 27, 2009, and will address other issues raised by the parties as they are tendered to the Court in the future. Signed by Judge Mark R. Kravitz on 3/18/2009. (Flynn, E.) (Entered: 03/18/2009)
2009-03-19	99	Third Supplemental Declaration of Catrina Pavlik-Keenan re 60 RULING on the Adequacy of DHS's Search (Attachments: # 1 Certificate of Service), by Department of Homeland Security(Morabito, Douglas). Modified on 3/20/2009 to create link to underlying document and correct entry text (Kelsey, N.). (Entered: 03/19/2009)
2009-03-19	100	MOTION for Extension of Time until March 26, 2009 to inform the Court of the parties' progress re: adequacy of search by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 03/19/2009)
2009-03-20	101	ORDER granting 100 Motion for Extension of Time. The deadline for Plaintiffs to inform the Court on their position on the adequacy of Defendant's search for records and the need for further discovery thereon is extended to March 26, 2009. Signed by Judge Mark R. Kravitz on 3/20/2009. (Carotenuto, R.) (Entered: 03/20/2009)
2009-03-20	102	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. In-court Conference set for 3/27/2009 at 03:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz for the purpose of the Court to issue an oral ruling on 79 MOTION For Submission of Documents For In Camera Review. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. (Carotenuto, R.) (Entered: 03/20/2009)
2009-03-26	103	STATUS REPORT by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 03/26/2009)
2009-03-27	104	ORDER. The Court grants Defendant's 79 Motion for In Camera Review. For the reasons stated on the record on March 27, 2009, the Court finds that Defendant properly withheld certain portions of the documents under the claimed FOIA exemptions, but that other portions of the documents were improperly withheld or reasonably segregable. In accordance with the Court's oral ruling, Defendant shall disclose to Plaintiffs all improperly withheld information no later than 5pm on March 30, 2009. Signed by Judge Mark R. Kravitz on 3/27/2009. (Flynn, E.) (Entered: 03/27/2009)
2009-03-27	105	ORDER. On Plaintiffs' consent, the Court grants Defendant's oral motion made on the record on March 27, 2009 requesting that the Court partially amend its Order dated March 9, 2009. Defendant shall process all documents and determine which documents, if any, are subject to a partial or complete release under FOIA no later than May 15, 2009. Signed by Judge Mark R. Kravitz on 3/27/2009. (Flynn, E.) (Entered: 03/27/2009)
2009-03-27	106	ORDER. The Court grants Plaintiffs' oral motion made on the record on March 27, 2009 requesting that Defendant advise it of its email backup system, if any. Defendant shall provide Plaintiffs with this information no later than April 6, 2009. Signed by Judge Mark R. Kravitz on 3/27/2009. (Flynn, E.) (Entered: 03/27/2009)
2009-03-27	107	Minute Entry for proceedings held before Judge Mark R. Kravitz: Miscellaneous Hearing re; oral ruling on contested exhibits held on 3/27/2009. Total Time: 2 hours and 15 minutes(Court Reporter T. Finkelstein.) (Brown, S.) (Entered: 03/31/2009)
2009-05-28	108	NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephone Conference set for 5/29/2009 at 03:30 PM before Judge Mark R. Kravitz. Plaintiffs' attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 05/28/2009)
2009-05-29	109	ORDER. Having conferred with the parties during an on-the-record telephonic conference dated May 29, 2009, the parties appear to have worked out an agreement regarding the adequacy of Defendant's search for responsive records, though it requires limited additional searches to be completed by DHS. Accordingly, Defendant is required to complete the additional searches and to produce the documents from any such search to Plaintiffs no later than June 22, 2009. Plaintiffs shall review the documents and advise Defendant of their need for Vaughn indices no later than July 10, 2009, and Defendant shall provide the Vaughn indices to Plaintiffs no later than July 24, 2009. In addition, Defendant shall file any motion for summary judgment no later than September 4, 2009. Signed by Judge Mark R. Kravitz on 5/29/2009. (Flynn, E.) (Entered: 05/29/2009)
2009-05-29		Set Deadlines: Dispositive Motions due by 9/4/2009 (Ghilardi, K.) (Entered: 06/05/2009)
2009-05-29	110	Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 5/29/2009. 11 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 06/05/2009)
2009-06-19	111	Joint STIPULATION re: Adequacy of Search by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 06/19/2009)
2009-06-30	112	MOTION for Christopher N. Lasch to Withdraw as Attorney by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Text of Proposed Order)(Lasch, Christopher) (Entered: 06/30/2009)
2009-07-01	113	ORDER granting 112 Motion to Withdraw as Attorney. The appearance of Attorney Christopher Nelson Lasch on behalf of Plaintiffs in terminated. Plaintiffs have continuing alternate legal representation. Signed by Judge Mark R. Kravitz on 7/1/2009. (Carotenuto, R.) (Entered: 07/01/2009)
2009-08-13	114	MOTION for Extension of Time 109 Order,,, by Department of Homeland Security. (Morabito, Douglas) (Entered: 08/13/2009)
2009-08-14	115	ORDER granting 114 Motion for Extension of Time. Defendant shall file a supplemental Vaughn Index no later than September 14, 2009, and shall file any motion for summary judgment no later than Octoer 2, 2009. Signed by Judge Mark R. Kravitz on 8/14/2009. (Carotenuto, R.) (Entered: 08/14/2009)
2009-08-14		Set Deadlines: Dispositive Motions due by 10/2/2009 (Ghilardi, K.) (Entered: 08/14/2009)
2009-09-14	116	NOTICE by Department of Homeland Security Vaughn Index (Attachments: # 1 Supplement)(Morabito, Douglas) (Entered: 09/14/2009)
2009-10-05	117	MOTION for Extension of Time until October 16, 2009 Set Deadlines/Hearings, 115 Order on Motion for Extension of Time, by Department of Homeland Security. (Morabito, Douglas) (Entered: 10/05/2009)
2009-10-06	118	ORDER granting nunc pro tunc 117 Motion for Extension of Time. The deadline for filing dispositive motions, including all motions to exclude testimony of experts pursuant to Fed. R. Evid. 702-05 and the Daubert v. Merrill Dow Pharmaceuticals, Inc., 509 U.S. 579 (1993) line of cases, is extended to October 16, 2009. Signed by Judge Mark R. Kravitz on 10/6/2009. (Carotenuto, R.) (Entered: 10/06/2009)
2009-10-06		Set Deadlines: Dispositive Motions due by 10/16/2009 (Ghilardi, K.) (Entered: 10/07/2009)
2009-11-04	119	Joint STIPULATION Resolving All Remaining Claims Other Than Costs and Attorneys' Fees by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 11/04/2009)
2009-11-05	120	ORDER. The parties' Joint Stipulation Resolving All Remaining Claims Other Than Costs and Attorneys' Fees 119 is approved and so ordered. All remaining claims, with the exception of costs and attorneys' fees, are dismissed with prejudice, and the Clerk is directed to enter judgment in favor of Plaintiffs in part and in favor of Defendant in part. If the parties would like the Court to resolve the issues of costs and attorneys' fees, they must file a motion requesting such judicial resolution by January 8, 2010. If no such motion is filed by that date, the Clerk is directed to close this file. Signed by Judge Mark R. Kravitz on 11/5/2009. (Berwick, B.) (Entered: 11/05/2009)
2009-11-09	121	JUDGMENT. For Appeal Forms please go to the following website: http://www.ctd.uscourts.gov/forms.html. Signed by Clerk on 11/9/2009. (Ghilardi, K.) (Entered: 11/09/2009)
2009-11-09		JUDICIAL PROCEEDINGS SURVEY: The following link to the survey requires you to log into CM/ECF for SECURITY purposes. Once in CM/ECF you will be prompted for the case number. Upon entering the survey, all responses are completely anonymous. https://ecf.ctd.uscourts.gov/cgi-bin/Dispatch.pl?survey (Ghilardi, K.) (Entered: 11/09/2009)
2009-11-09		Set Deadlines as to resolve the issues of costs and attorneys' fees Responses due by 1/8/2010 (Ghilardi, K.) (Entered: 11/09/2009)
2010-01-08	122	MOTION for Extension of Time until January 15, 2010 to file final Stipulation on Costs & Fees by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 01/08/2010)
2010-01-11	123	ORDER granting 122 Motion for Extension of Time. The parties shall file a stipulation regarding remaining issues in this case no later than January 15, 2010. Signed by Judge Mark R. Kravitz on 1/11/2010. (Carotenuto, R.) (Entered: 01/11/2010)
2010-01-15	124	SETTLEMENT AGREEMENT re: Costs & Attorneys' Fees by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 01/15/2010)
2010-01-19	125	ORDER. 124 Stipulation for Compromise Settlement and Release of Claims Regarding Fees and Costs is So Ordered. Signed by Judge Mark R. Kravitz on 1/19/2010. (Carotenuto, R.) (Entered: 01/19/2010)
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