Case Detail

FOIA Project Annotation: Judge Reggie Walton has ruled that the Department of Homeland Security must pay the ACLU $215,381 in attorney's fees for its suit to obtain records concerning the death of immigrants while in DHS custody. Based on a report from the Office of Inspector General that found problems at several detention centers, the ACLU made requests to the OIG and Immigration and Customs Enforcement. Both offices initially rejected the organization's request for expedited processing, although ICE decided to expedite the request after the ACLU asked for reconsideration. By the time the ACLU filed suit, ICE had only released 856 pages. During the litigation, DHS released an additional 15,000 pages, although Walton ruled in favor of the agency on its exemption claims for the remaining non-disclosed documents. Walton pointed out that the agency's need to prepare a Vaughn index for litigation had resulted in the discovery and disclosure of some records. He observed that "here, the defendants explicitly stated that they do not provide Vaughn indexes in the absence of litigation." He indicated that "the defendants' own submissions admit that at least some of the documents were produced as a result of preparing Vaughn indexes. These documents would therefore not have been produced without litigation; accordingly, the litigation substantially caused the defendants to release these documents." Although the agency pointed to some unavoidable delays in processing the request, Walton noted that "the delays do not explain why ICE 'initiated a second, third, and fourth search for documents,' after it had completed processing and production of all records. Therefore, the Court concludes that the release of these pages of records was substantially caused by the litigation." The agency also argued that new Obama administration disclosure policies increased the number of disclosable records. But Walton pointed out that "while the release of some records may have been precipitated' by the change in policy, the release of these records was substantially caused by the litigation."
Issues: Litigation - Attorney's fees - Prevailing party, Litigation - Attorney's fees - Eligibility - Causal effect

Date Filed	Doc #	Docket Text
2008-06-25	1	COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL ( Filing fee $ 350, receipt number 4616013277) filed by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Civil Cover Sheet)(jf, ) (Entered: 06/30/2008)
2008-06-25		Summons (3) Issued as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (jf, ) (Entered: 06/30/2008)
2008-06-25	2	LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION (jf, ) (Entered: 06/30/2008)
2008-06-27		SUMMONS (2) Issued as U.S. Attorney and U.S. Attorney General (tg, ) (Entered: 07/01/2008)
2008-06-30	3	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Benjamin Walker, :Address- 125 Broad Street, New York, NY 10004. Phone No. - (212) 558-7393. Fax No. - (212) 558-3588 by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Declaration Declaration of Benjamin Walker, # 2 Text of Proposed Order, # 3 Certificate of Service)(Pfeiffer, Margaret) (Entered: 06/30/2008)
2008-06-30	4	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Natalie N. Kuehler, :Address- 125 Broad Street, New York, NY 10004. Phone No. - (212) 558-4839. Fax No. - (212) 558-3588 by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Declaration Declaration of Natalie Kuehler, # 2 Text of Proposed Order, # 3 Certificate of Service)(Pfeiffer, Margaret) (Entered: 06/30/2008)
2008-06-30	5	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Tom-Tsvi M. Jawetz, :Address- 915 15th Street NW, 7th Floor, Washington, D.C. 20005. Phone No. - (202) 393-4930. by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Declaration Declaration of Tom-Tsvi Jawetz, # 2 Text of Proposed Order, # 3 Certificate of Service)(Pfeiffer, Margaret) (Entered: 06/30/2008)
2008-06-30	6	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Judy Rabinovitz, :Address- 125 Broad, 18th Floor, New York, NY 10004. Phone No. - (212) 549-2618. Fax No. - (212) 558-3588 by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Declaration Declaration of Judy Rabinovitz, # 2 Text of Proposed Order, # 3 Certificate of Service)(Pfeiffer, Margaret) (Entered: 06/30/2008)
2008-07-29	7	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on Attorney General. Date of Service Upon Attorney General June 30, 2008. (Pfeiffer, Margaret) (Entered: 07/29/2008)
2008-07-29	8	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 6/30/2008, answer due 7/30/2008. (Pfeiffer, Margaret) (Entered: 07/29/2008)
2008-07-29	9	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL served on 6/30/2008, answer due 7/30/2008. (Pfeiffer, Margaret) (Entered: 07/29/2008)
2008-07-29	10	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT served on 6/30/2008, answer due 7/30/2008. (Pfeiffer, Margaret) (Entered: 07/29/2008)
2008-07-29	11	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the US Attorney. (Pfeiffer, Margaret) (Entered: 07/29/2008)
2008-07-30	12	ANSWER to 1 Complaint,,, by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. Related document: 1 Complaint,,, filed by AMERICAN CIVIL LIBERTIES UNION.(Braswell, Marina) (Entered: 07/30/2008)
2008-08-01		MINUTE ORDER granting 3 Motion for Leave to Appear Pro Hac Vice. Benjamin R. Walker shall appear pro hac vice in this matter. Signed by Judge Reggie B. Walton on 8/1/08. (lcrbw2) (Entered: 08/01/2008)
2008-08-01		MINUTE ORDER granting 4 Motion for Leave to Appear Pro Hac Vice; granting 5 Motion for Leave to Appear Pro Hac Vice; granting 6 Motion for Leave to Appear Pro Hac Vice. Natalie Kuehler, Tom-Tsvi M. Jawetz, and Judy Rabinovitz shall appear pro hac vice in this matter. Signed by Judge Reggie B. Walton on 8/1/08. (lcrbw2) (Entered: 08/01/2008)
2008-08-13	13	GENERAL ORDER AND GUIDELINES FOR CIVIL CASES. (mpt, ) (Entered: 08/13/2008)
2008-10-30	14	MEET AND CONFER STATEMENT. (Braswell, Marina) (Entered: 10/30/2008)
2008-11-04		MINUTE ORDER. In light of the parties' representations in their joint report to the Court 14 , the parties shall file an additional joint report on or before December 5, 2008, setting forth a proposed schedule for the timely resolution of this case. Signed by Judge Reggie B. Walton on 11/04/08. (lcrbw2) (Entered: 11/04/2008)
2008-11-04		Set/Reset Deadlines: Joint Status Report on or before 12/5/2008 (mpt, ) (Entered: 11/04/2008)
2008-12-05	15	Joint PERIODIC REPORT by USA by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (Braswell, Marina) (Entered: 12/05/2008)
2008-12-16		MINUTE ORDER. In light of the parties' representations in their joint report to the Court 15 , the parties shall file an additional joint report on or before February 23, 2009, setting forth a proposed schedule for the timely resolution of this case. Signed by Judge Reggie B. Walton on 12/16/08. (lcrbw2) (Entered: 12/16/2008)
2008-12-17		Set/Reset Deadlines: Joint Status Report due on or before 2/23/2009 (mpt, ) (Entered: 12/17/2008)
2009-01-23	16	STATUS REPORT by Defendants by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Declaration from ICE, # 2 Declaration from CRCL)(Braswell, Marina) (Entered: 01/23/2009)
2009-02-23	17	STATUS REPORT , Joint, in Response to the Court's December 16, 2008 Order by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (Braswell, Marina) (Entered: 02/23/2009)
2009-02-24		MINUTE ORDER Regarding 17 Joint Report to the Court. In light of the parties' representations in their jointly filed status report 17 , the Court finds good cause to approve the schedule proposed by the parties. Accordingly, the defendants shall file any motion for summary judgment by April 20, 2009; the plaintiff shall file any opposition to the defendants' motion for summary judgment, as well as any cross-motion for summary judgment by May 20, 2009; the defendants shall file any reply to the plaintiff's opposition to the defendants' motion for summary judgment, as well as any opposition to the plaintiff's cross-motion for summary judgment by June 22, 2009; and the plaintiff shall file any reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment by July 8, 2009. Signed by Judge Reggie B. Walton on 02/24/09. (lcrbw2) (Entered: 02/24/2009)
2009-02-25		Set/Reset Deadlines: Summary Judgment motions due by 4/20/2009. Opposition/Cross Motion for Summary Judgment due by 5/20/2009. Opposition to Summary Judgement Motion and Cross-Motion du by 6/22/09; Reply/Opposition to Motion for Summary Judgment due by 7/8/2009. (mpt, ) (Entered: 02/25/2009)
2009-04-21	18	Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Braswell, Marina) (Entered: 04/21/2009)
2009-04-22		MINUTE ORDER granting 18 Motion for Extension of Time. The scheduling order is modified as follows: The defendants shall file any motion for summary judgment by June 2, 2009; the plaintiff shall file any opposition to the defendants' motion for summary judgment, as well as any cross-motion for summary judgment by June 30, 2009; the defendants shall file any reply to the plaintiff's opposition to the defendants' motion for summary judgment, as well as any opposition to the plaintiff's cross-motion for summary judgment by July 28, 2009; and the plaintiff shall file any reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment by August 13, 2009.Signed by Judge Reggie B. Walton on 04/22/09. (lcrbw2) (Entered: 04/22/2009)
2009-04-23		Set/Reset Deadlines: Summary Judgment motions due by 6/2/2009. Opposition to Motion for Summary Judgment and Cross Motion for Summary Judgement due by 6/30/2009; Reply/Opposition to Cross Motion for Summary Judgment due by 7/28/2009; Plaintiff's Reply to Oppposition to Cross Motion for Summary Judgement due by 8/13/09 (mpt, ) (Entered: 04/23/2009)
2009-05-14	19	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN CIVIL LIBERTIES UNION. Attorney Tom-Tsvi M. Jawetz terminated. (nmw, ) (Entered: 05/14/2009)
2009-05-15	20	NOTICE of Appearance by David M. Shapiro on behalf of AMERICAN CIVIL LIBERTIES UNION (Shapiro, David) (Entered: 05/15/2009)
2009-06-02	21	Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Braswell, Marina) (Entered: 06/02/2009)
2009-06-03		MINUTE ORDER granting 21 Motion for Extension of Time to File. The scheduling order shall be revised as follows. The defendants shall file their motion for summary judgment by June 16, 2009. The plaintiff shall file its opposition to the defendants' motion for summary judgment, as well as any cross-motion for summary judgment, by July 14, 2009. The defendants shall file any opposition to the plaintiff's cross-motion for summary judgment, as well as any reply to the plaintiff's opposition to the defendants' motion for summary judgment, by August 7, 2009. The plaintiff shall file any reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment by August 25, 2009. Signed by Judge Reggie B. Walton on 06/03/09. (lcrbw2) (Entered: 06/03/2009)
2009-06-05		Set/Reset Deadlines: Motion for Summary Judgement due by 6/16/09; Opposition to Motion for Summary Judgement/Cross Motion for Summary Judgement due by 7/14/09; Opposition to Cross Motion/Reply to Motion for Summary Judgement due by 8/7/09; Replies due by 8/25/09;(mpt, ) (Entered: 06/05/2009)
2009-06-16	22	Unopposed MOTION for Extension of Time to File a Dispositive Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Braswell, Marina) (Entered: 06/16/2009)
2009-06-18	23	Unopposed MOTION for Extension of Time to File Dispositive Motion and Amend Briefing Schedule by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Monihan Declaration)(Braswell, Marina) (Entered: 06/18/2009)
2009-06-19		MINUTE ORDER finding as moot 22 Motion for Extension of Time to File; granting 23 Motion for Extension of Time to File. The briefing schedule in this case shall be modified as follows: The defendants shall file their motion for summary judgment by June 30, 2009. The plaintiff shall file its opposition to the defendants' motion for summary judgment, as well as any cross-motion for summary judgment, by July 28, 2009. The defendants shall file any opposition to the plaintiff's cross-motion for summary judgment, as well as any reply to the plaintiff's opposition to the defendants' motion for summary judgment, by August 25, 2009. The plaintiff shall file any reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment by September 15, 2009. Signed by Judge Reggie B. Walton on 06/19/09. (lcrbw2) (Entered: 06/19/2009)
2009-06-19		Set/Reset Deadlines: Summary Judgment motions due by 6/30/2009. Opposition to Motion for Summary Judgment and Cross-Motion for Summary Judgement due by 7/28/2009. Reply to Motion for Summary Judgment due by 8/25/2009; Reply to Opposition to the Cross-Motion for Summary Judgement due by 9/15/09; (mpt, ) (Entered: 06/19/2009)
2009-06-30	24	Unopposed MOTION for Extension of Time to File Dispositive Motion by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Braswell, Marina) (Entered: 06/30/2009)
2009-07-01		MINUTE ORDER granting 24 Motion for Extension of Time to File. The motion is granted, but as it is the third request for an extension of time to file a dispositive motion, no further extensions will be given absent the showing of extraordinary circumstances by the movant. The briefing schedule in this case shall be modified as follows: The defendants shall file their motion for summary judgment by July 2, 2009. The plaintiff shall file its opposition to the defendants' motion for summary judgment, as well as any cross-motion for summary judgment, by July 30, 2009. The defendants shall file any opposition to the plaintiff's cross-motion for summary judgment, as well as any reply to the plaintiff's opposition to the defendants' motion for summary judgment, by August 27, 2009. The plaintiff shall file any reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment by September 17, 2009. Signed by Judge Reggie B. Walton on 06/19/09. Signed by Judge Reggie B. Walton on 07/01/09. (lcrbw2) (Entered: 07/01/2009)
2009-07-01	25	NOTICE OF WITHDRAWAL OF APPEARANCE as to AMERICAN CIVIL LIBERTIES UNION. Attorney Natalie N. Kuehler terminated. (nmw, ) (Entered: 07/01/2009)
2009-07-02	26	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Margaret K. Winterkorn-Meikle, :Address- Room 3532, 125 Broad Street, New York, New York 10004. Phone No. - (212) 558-7260. Fax No. - (212) 558-3588 by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Declaration Decl of Margaret K. Winterkorn-Meikle, # 2 Text of Proposed Order)(McCall, Lee Ann) (Entered: 07/02/2009)
2009-07-02	27	NOTICE of Filing of Bulky Exhibits by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Braswell, Marina) (Entered: 07/02/2009)
2009-07-02		MINUTE ORDER granting 26 Motion for Leave to Appear Pro Hac Vice. Margaret K. Winterkorn-Meikle may appear before the Court and file papers in relation to this matter. Signed by Judge Reggie B. Walton on 07/02/09. (lcrbw2) (Entered: 07/02/2009)
2009-07-02	28	MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL (Attachments: # 1 Exhibit A, # 2 McNeely Declaration, # 3 McNeely Vaughn Index, # 4 Supplemental McNeely Declaration, # 5 Supplemental McNeely Declaration, Exhibit, # 6 Supplemental McNeely Vaughn Index)(Braswell, Marina) (Entered: 07/02/2009)
2009-07-13		Set/Reset Deadlines: Plaintiff's Opposition to Motion for Summary Judgement and Cross Motions due by 7/30/2009. Opposition to Plaintiff's Cross Motions and any Reply to Plaintiff's Opposition to Defendant's Motion for Summary Judgement due by 8/27/2009. The Plaintiff file any Reply to Defendant's Opposition to Plaintiff's Cross Motions for Summary Judgement due by 9/17/2009. (mpt, ) (Entered: 07/13/2009)
2009-07-30	29	MOTION for Extension of Time to File Response/Reply as to 28 MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION (Walker, Benjamin) (Entered: 07/30/2009)
2009-08-05		MINUTE ORDER granting 29 Motion for Extension of Time to File Response/Reply. The motion is granted due to the appropriate showing of need being made by the plaintiff, but as there have been multiple requests for extensions of time to complete the dispositive motion briefing in this case, no further extensions will be given absent the showing of extraordinary circumstances by the movant. The briefing schedule in this case shall be modified as follows: The plaintiff shall file its opposition to the defendants' motion for summary judgment, as well as any cross-motion for summary judgment, by August 14, 2009. The defendants shall file any opposition to the plaintiff's cross-motion for summary judgment, as well as any reply to the plaintiff's opposition to the defendants' motion for summary judgment, by September 11, 2009. The plaintiff shall file any reply to the defendants' opposition to the plaintiff's cross-motion for summary judgment by September 29, 2009. Signed by Judge Reggie B. Walton on 08/05/09. (lcrbw2, ) (Entered: 08/05/2009)
2009-08-06		Set/Reset Deadlines: Opposition to motion for Summary Judgement as well as Cross Motions due by 8/14/2009. Defendant's Opposition to cross motion for summary judgement as well as reply to the opposition to defendant's motion for summary judgment by 9/11/2009; Reply to Defendant's Opposition to Plaintiff's Cross Motion for Summary Judgment due by 9/29/2009. (mpt, ) (Entered: 08/06/2009)
2009-08-14	30	Memorandum in opposition to re 28 MOTION for Summary Judgment and in Support of Cross-Motion filed by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Affidavit Affidavit of Joanne Lin, # 2 Affidavit Declaration of Benjamin Walker, # 3 Exhibit Walker Decl Ex 1, # 4 Exhibit Walker Decl Ex 2, # 5 Exhibit Walker Decl Ex 3, # 6 Exhibit Walker Decl Ex 4, # 7 Exhibit Walker Decl Ex 5, # 8 Exhibit Walker Decl Ex 6, # 9 Exhibit Walker Decl Ex 7, # 10 Exhibit Walker Decl Ex 8, # 11 Exhibit Walker Decl Ex 9, # 12 Exhibit Walker Decl Ex 10, # 13 Exhibit Walker Decl Ex 11, # 14 Exhibit Walker Decl Ex 13, # 15 Exhibit Walker Decl ex 14, # 16 Exhibit Walker Decl Ex 12, # 17 Exhibit Walker Decl Ex 15, # 18 Exhibit Walker Decl Ex 16, # 19 Exhibit Walker Decl Ex 18, # 20 Exhibit Walker Decl Ex 19, # 21 Exhibit Walker Dec Ex 20, # 22 Exhibit Walker Dec Ex 21, # 23 Exhibit Walker Dec Ex 22, # 24 Exhibit Walker Dec Ex 23, # 25 Exhibit Walker Dec Ex 25, # 26 Exhibit Walker Dec Ex 26, # 27 Exhibit Walker Dec Ex 27, # 28 Exhibit Walker Dec Ex 29, # 29 Exhibit Walker Dec Ex 30, # 30 Exhibit Walker Dec 31, # 31 Exhibit Walker Dec Ex 32)(Walker, Benjamin) Modified on 8/17/2009 to correct docket text (tr). (Entered: 08/14/2009)
2009-08-14	31	Cross MOTION for Partial Summary Judgment by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Affidavit Benjamin Walker, # 2 Affidavit Joanne Lin, # 3 Exhibit Walker 1, # 4 Exhibit Walker 2, # 5 Exhibit Walker 3, # 6 Exhibit Walker 4, # 7 Exhibit Walker 5, # 8 Exhibit Walker 6, # 9 Exhibit Walker 7, # 10 Exhibit Walker 8, # 11 Exhibit Walker 9, # 12 Exhibit Walker 10, # 13 Exhibit Walker 11, # 14 Exhibit Walker 12, # 15 Exhibit Walker 13, # 16 Exhibit Ex 14, # 17 Exhibit Walker 15, # 18 Exhibit Ex 16, # 19 Exhibit Walker 18, # 20 Exhibit Walker 19, # 21 Exhibit Walker 20, # 22 Exhibit Walker 21, # 23 Exhibit Walker 22, # 24 Exhibit Walker 23, # 25 Exhibit Walker 24, # 26 Exhibit Walker 25, # 27 Exhibit Walker 26, # 28 Exhibit Walker 27, # 29 Exhibit Walker 28, # 30 Exhibit Walker 29, # 31 Exhibit Walker 30, # 32 Exhibit Walker 31, # 33 Exhibit Walker 32, # 34 Exhibit Walker 17 (1 of 4), # 35 Exhibit Walker 17 (2 of 4), # 36 Exhibit Walker 17 (3 of 4), # 37 Exhibit Walker 17 (4 of 4))(Walker, Benjamin) Modified on 8/17/2009 adding the word "cross" to text (td, ). (Entered: 08/15/2009)
2009-08-26	32	NOTICE of Errata by AMERICAN CIVIL LIBERTIES UNION re 30 Memorandum in Opposition,,,,, (Attachments: # 1 Exhibit Walker Declaration Ex. 11, # 2 Exhibit Walker Declaration Ex. 23, # 3 Exhibit Walker Declaration Ex. 27, # 4 Exhibit Walker Declaration Ex. 17 (1 of 4), # 5 Exhibit Walker Declaration Exhibit 17 (2 of 4), # 6 Exhibit Walker Declaration Ex. 17 (3 of 4), # 7 Exhibit Walker Declaration Ex. 17 (4 of 4), # 8 Exhibit Walker Declaration Ex. 24, # 9 Exhibit Walker Declaration Ex. 28)(Walker, Benjamin) (Entered: 08/26/2009)
2009-09-11	33	Memorandum in opposition to re 31 MOTION for Partial Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Response to Plaintiff's Statement of Material Facts, # 2 Declaration of Mary Loiselle, # 3 Loiselle Declaration, Exh. 1, # 4 Declaration of Capt. Marsha Davenport, # 5 Third Supplemental Declaration of Catrina Pavlik-Keenan, # 6 Fourth Supplemental Declaration of Catrina Pavlik-Keenan, # 7 Fifth Supplemental Declaration of Catherine Pavlik-Keenan)(Braswell, Marina) (Entered: 09/11/2009)
2009-09-11	34	REPLY to opposition to motion re 28 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. (Attachments: # 1 Declaration of Mary Loiselle, # 2 Loiselle Declaration, Exh. 1, # 3 Declaration of Capt. Marsha Davenport, # 4 Tird Supplemental Declaration of Catrina Pavlik-Keenan, # 5 Fourth Supplemental Declaration of Catrina Pavlik-Keenan, # 6 Fifth Supplemental Declaration of Catrina Pavlik-Keenan)(Braswell, Marina) (Entered: 09/11/2009)
2009-09-22	35	ERRATA and Notice of Filing of Corrected Copies of Declarations filed at Docket Nos. 33 & 34 by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 3rd Supplemental Declaration of Catrina Pavlik-Keenan, # 2 3rd Supplemental Declaration of Catrina Pavlik-Keenan, Vaughn Index, # 3 3rd Supplemental Declaration of Catrina Pavlik-Keenan, Felix Rodriguez-Torres Response Letter, # 4 4th Supplemental Declaration of Catrina Pavlik-Keenan, # 5 4th Supplemental Declaration of Catrina Pavlik-Keenan, Vaughn Index)(Braswell, Marina) (Entered: 09/22/2009)
2009-09-29	36	REPLY re 31 MOTION for Partial Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Declaration Supplemental Declaration of Benjamin Walker, # 2 Exhibit Supp Walker Decl Ex 1, # 3 Exhibit Supp Walker Decl Ex 2, # 4 Exhibit Supp Walker Decl Ex 3, # 5 Exhibit Supp Walker Decl Ex 4)(Walker, Benjamin) (Entered: 09/29/2009)
2010-02-16	37	NOTICE of Substitution of Counsel by AMERICAN CIVIL LIBERTIES UNION (Shapiro, David) (Entered: 02/16/2010)
2010-08-20	38	NOTICE of Appearance by David M. Shapiro on behalf of AMERICAN CIVIL LIBERTIES UNION (Shapiro, David) (Entered: 08/20/2010)
2010-09-20	39	ORDER denying in part 28 the defendants' Motion for Summary Judgment and granting in part 31 the plaintiff's Motion for Partial Summary Judgment. For the reasons explained in the accompanying Memorandum Opinion, the defendants' motion for summary judgment is denied and the plaintiff's cross-motion is granted with respect to the defendants' reliance on Exemption 5 as ground for withholding a disputed e-mail in its entirety, as well as a final report and expert report related to the death of Ms. Inamagua-Merchan. And, the defendants' cross-motion for summary judgment is granted, and the plaintiff's cross-motion for summary judgment is denied in all other respects. It is further ORDERED that within 90 days of the issuance of this Order, the defendants must either produce redacted versions of the disputed e-mail, as well as the final report and expert report related to the death of Ms. Inamagua-Merchan, or provide more detail to the Court as to how the specific information in these documents are properly withheld under Exemption 5. Signed by Judge Reggie B. Walton on 9/20/2010. (lcrbw2) (Entered: 09/20/2010)
2010-09-20	40	MEMORANDUM AND OPINION. This Memorandum Opinion accompanies the Court's September 20, 2010 Order granting in part and denying in part the parties' motions for summary judgment. Signed by Judge Reggie B. Walton on 9/20/2010. (lcrbw2) (Entered: 09/20/2010)
2010-12-20	41	NOTICE of Filing by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY re 39 Order on Motion for Summary Judgment, Order on Motion for Partial Summary Judgment,,,,,,,, (Attachments: # 1 OIG letter, # 2 Shellaway Declaration, # 3 CRCL Vaughn Index)(Braswell, Marina) (Entered: 12/20/2010)
2011-04-14	42	Joint PERIODIC REPORT by USA by AMERICAN CIVIL LIBERTIES UNION. (Walker, Benjamin) (Entered: 04/14/2011)
2011-05-13	43	MOTION for Attorney Fees by AMERICAN CIVIL LIBERTIES UNION (Attachments: # 1 Declaration of Lee Ann Anderson McCall, # 2 Exhibit McCall Decl. Ex. A, # 3 Exhibit McCall Decl. Ex. B, # 4 Declaration of David Shapiro, # 5 Exhibit Shapiro Decl. Ex. A, # 6 Exhibit Shapiro Decl. Ex. B, # 7 Text of Proposed Order)(McCall, Lee Ann) (Entered: 05/13/2011)
2011-05-25	44	Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Attorney Fees by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 05/25/2011)
2011-05-26		MINUTE ORDER granting 44 Motion for Extension of Time to File Response/Reply. In light of the parties' consent, and for good cause shown, the motion is GRANTED. It is hereby ORDERED that defendants shall file their response on or before June 15, 2011, and the plaintiff shall file its reply on or before June 29, 2011. Signed by Judge Reggie B. Walton on 5/26/2011. (lcrbw2) (Entered: 05/26/2011)
2011-05-26		Set/Reset Deadlines: Response due by 6/15/2011; Reply due by 6/29/2011. (mpt, ) (Entered: 05/26/2011)
2011-06-14	45	Unopposed MOTION for Extension of Time to File Response/Reply as to 43 MOTION for Attorney Fees by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT (Braswell, Marina) (Entered: 06/14/2011)
2011-06-17	46	Memorandum in opposition to re 43 MOTION for Attorney Fees filed by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. (Attachments: # 1 Gallo Declaration, # 2 Gallo Declaration, Exh. A, # 3 Gallo Declaration, Exh. B, # 4 Gallo Declaration, Exh. C, # 5 Gallo Declaration, Exh. D, # 6 Gallo Declaration, Exh. E, # 7 Gallo Declaration, Exh. F, # 8 Gallo Declaration, Exh. G, # 9 Gallo Declaration, Exh. H, # 10 Shellaway Declaration, # 11 Law Declaration)(Braswell, Marina) (Entered: 06/17/2011)
2011-06-21	47	NOTICE of Filing of Exhibit A by DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT re 46 Memorandum in Opposition,, (Attachments: # 1 Exhibit A)(Braswell, Marina) (Entered: 06/21/2011)
2011-07-01	48	REPLY to opposition to motion re 43 MOTION for Attorney Fees filed by AMERICAN CIVIL LIBERTIES UNION. (McCall, Lee Ann) (Entered: 07/01/2011)
2011-09-15	49	ORDER granting in part and denying in part 43 Motion for Attorney Fees; granting 45 Motion for Extension of Time to File Response/Reply. For the reasons set forth in the accompanying Memorandum Opinion, it is hereby ORDERED that Defendants' Unopposed Motion for Further Extension of Time is GRANTED nunc pro tunc to June 14, 2011. It is further ORDERED that the Plaintiff's Motion for an Award of Attorneys' Fees and Costs is GRANTED IN PART AND DENIED IN PART. As the Court has determined that the plaintiff's requested amount is subject to a deduction of $8,087.50, the plaintiff is hereby AWARDED attorneys' fees and costs totaling $215,381.59. It is further ORDERED that this case is CLOSED. Signed by Judge Reggie B. Walton on 9/15/2011. (lcrbw2) (Entered: 09/15/2011)
2011-09-15	50	MEMORANDUM AND OPINION. This Memorandum Opinion accompanies the Court's Order of this same date. Signed by Judge Reggie B. Walton on 9/15/2011. (lcrbw2) (Entered: 09/15/2011)
2011-11-14	51	NOTICE OF APPEAL as to 50 Memorandum & Opinion, 49 Order on Motion for Attorney Fees, Order on Motion for Extension of Time to File Response/Reply,,,,,, by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL. Fee Status: No Fee Paid. Parties have been notified. (Braswell, Marina) (Entered: 11/14/2011)
2011-11-15	52	Transmission of the Notice of Appeal, Order Appealed, and Docket Sheet to US Court of Appeals. The Court of Appeals docketing fee was not paid because the fee was an Appeal by the Government re 51 Notice of Appeal,. (td, ) (Entered: 11/15/2011)
2011-12-07		USCA Case Number 11-5318 for 51 Notice of Appeal, filed by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY. (td, ) (Entered: 12/07/2011)
2012-02-17	53	ORDER of USCA (certified copy) as to 51 Notice of Appeal, filed by UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT, DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, UNITED STATES DEPARTMENT OF HOMELAND SECURITY ; USCA Case Number 11-5318. ORDERED that the motion be granted, and this case is hereby dismissed. (kb) (Entered: 02/17/2012)
Hide Docket Events