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Case TitleAmerican Civil Liberties Union et al v. United States Department of Homeland Security et al
DistrictNorthern District of California
CitySan Francisco
Case Number3:2006cv04129
Date Filed2006-06-30
Date Closed2007-03-01
JudgeHon. William Alsup
PlaintiffAmerican Civil Liberties Union
PlaintiffBronx Defenders, Inc.
PlaintiffNational Immigration Law Center
PlaintiffNational Immigration Project of the National Lawyers Guild
Case DescriptionThe ACLU submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning Operation Predator. The agency acknowledged receipt of the request and later told the ACLU that it had located 150 pages and that processing costs would be $75. However, the ACLU did not hear anything further from ICE before it filed suit. The ACLU also submitted two FOIA requests to the Justice Department's Executive Office for Immigration Review for records concerning the treatment of individuals charged with sex offenses. The agency acknowledged receipt of the requests, but had not responded to the first request by the time the ACLU filed suit. In response to the second request, the agency told the ACLU that decisions by immigration judges were available in its public reading room. The ACLU filed an administrative appeal of that decision, but after hearing nothing further from the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Department of Justice
Documents
Docket
Complaint
Opinion/Order [3]
Opinion/Order [16]
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2006-06-301COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF (no process) against United States Department of Homeland Security, United States Department of Justice ( Filing fee $ 350, receipt number 3387350.). Filed byNational Immigration Law Center, National Immigration Project of the National Lawyers Guild, American Civil Liberties Union, Bronx Defenders, Inc.. (sis, COURT STAFF) (Filed on 6/30/2006) . Additional attachment(s) added on 7/11/2006 (sis, COURT STAFF). (Entered: 07/06/2006)
2006-06-302ADR SCHEDULING ORDER: Case Management Statement due by 9/21/2006. Case Management Conference set for 9/28/2006 11:00 AM. (sis, COURT STAFF) (Filed on 6/30/2006) (Entered: 07/06/2006)
2006-06-303SUPPLEMENTAL ORDER TO ORDER SETTING INITIAL CASE MANAGEMENT CONFERENCE re 2 ADR Scheduling Order (sis, COURT STAFF) (Filed on 6/30/2006) (Entered: 07/06/2006)
2006-06-30CASE DESIGNATED for Electronic Filing. (sis, COURT STAFF) (Filed on 6/30/2006) (Entered: 07/06/2006)
2006-07-065Summons Issued as to United States Department of Homeland Security, United States Department of Justice, U.S. Attorney and U.S. Attorney General (sis, COURT STAFF) (Filed on 7/6/2006) (Entered: 07/07/2006)
2006-07-074CERTIFICATE OF SERVICE by American Civil Liberties Union (Wang, Cecillia) (Filed on 7/7/2006) (Entered: 07/07/2006)
2006-08-036ANSWER to Complaint for Injunctive Relief byUnited States Department of Homeland Security, United States Department of Justice. (Deiss, Ila) (Filed on 8/3/2006) (Entered: 08/03/2006)
2006-09-077ADR Certification (ADR L.R. 3-5b) of discussion of ADR options (Wang, Cecillia) (Filed on 9/7/2006) (Entered: 09/07/2006)
2006-09-078NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wang, Cecillia) (Filed on 9/7/2006) (Entered: 09/07/2006)
2006-09-079NOTICE of Change of Address by Cecillia D. Wang (Wang, Cecillia) (Filed on 9/7/2006) (Entered: 09/07/2006)
2006-09-1810ADR Clerks Notice Setting ADR Phone Conference on 9/25/06 at 2:00 p.m. Please take note that plaintiff's counsel initiates the call to all parties. (tjs, COURT STAFF) (Filed on 9/18/2006) (Entered: 09/18/2006)
2006-09-2111JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union. (Wang, Cecillia) (Filed on 9/21/2006) (Entered: 09/21/2006)
2006-09-25ADR Remark: ADR Phone Conference conducted on 9/25/06 by DB. (tjs, COURT STAFF) (Filed on 9/25/2006) (Entered: 09/26/2006)
2006-09-2812CASE MANAGEMENT SCHEDULING ORDER: Bench Trial set for 6/4/2007 07:30 AM in Courtroom 9, 19th Floor, San Francisco. Motion Hearing set for 2/22/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. Motions due by 1/5/2007. Pretrial Conference set for 5/21/2007 02:00 PM in Courtroom 9, 19th Floor, San Francisco. Signed by Judge William Alsup on 9/28/2006. (whasec, COURT STAFF) (Filed on 9/28/2006) (Entered: 09/28/2006)
2006-09-2813Minute Entry: Initial Case Management Conference held on 9/28/2006 before William Alsup (Date Filed: 9/28/2006). Cross-Motions Hearing set for 2/22/2007 08:00 AM in Courtroom 9, 19th Floor, San Francisco. (Court Reporter Jim Yeomans.) (dt, COURT STAFF) (Date Filed: 9/28/2006) (Entered: 09/29/2006)
2006-11-2914MOTION for leave to appear in Pro Hac Vice, Michael J. Wishnie, Esq., (Receipt No. 3392899) filed by National Immigration Law Center, National Immigration Project of the National Lawyers Guild, American Civil Liberties Union, Bronx Defenders, Inc.. (sis, COURT STAFF) (Filed on 11/29/2006) . (Entered: 12/01/2006)
2007-01-0215STIPULATION and Proposed Order re Extension of Time to File Motion for Summary Judgment by American Civil Liberties Union. (Wang, Cecillia) (Filed on 1/2/2007) (Entered: 01/02/2007)
2007-01-0416ORDER DENYING EXTENSION OF TIME TO FILE MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Alsup on January 4, 2007. (whalc1, COURT STAFF) (Filed on 1/4/2007) (Entered: 01/04/2007)
2007-01-0517MEMORANDUM in Support of Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Department of Justice. (Deiss, Ila) (Filed on 1/5/2007) (Entered: 01/05/2007)
2007-01-0518Declaration of Ila C. Deiss in Support of 17 Memorandum in Support of Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Department of Justice. (Related document(s) 17 ) (Deiss, Ila) (Filed on 1/5/2007) (Entered: 01/05/2007)
2007-01-0519Declaration of Crystal Rene Souza in Support of 17 Memorandum in Support of Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Department of Justice. (Related document(s) 17 ) (Deiss, Ila) (Filed on 1/5/2007) (Entered: 01/05/2007)
2007-01-0520Declaration of Gloria Marshall in Support of 17 Memorandum in Support of Motion for Summary Judgment filed byUnited States Department of Homeland Security, United States Department of Justice. (Related document(s) 17 ) (Deiss, Ila) (Filed on 1/5/2007) (Entered: 01/05/2007)
2007-01-0521Proposed Order re 17 Memorandum in Support of Motion for Summary Judgment by United States Department of Homeland Security, United States Department of Justice. (Deiss, Ila) (Filed on 1/5/2007) (Entered: 01/05/2007)
2007-01-2622Memorandum in Opposition 17 to Defendants' Motion for Summary Judgment filed byAmerican Civil Liberties Union. (Wang, Cecillia) (Filed on 1/26/2007) Modified on 1/29/2007 (sis, COURT STAFF). (Entered: 01/26/2007)
2007-01-2623Declaration of Cecillia D. Wang in Support of 22 Memorandum in Opposition to Defendants' Motion for Summary Judgment filed byAmerican Civil Liberties Union. (Related document(s) 22 ) (Wang, Cecillia) (Filed on 1/26/2007) (Entered: 01/26/2007)
2007-01-2624Proposed Order Denying Defendants' Motion for Summary Judgment by American Civil Liberties Union. (Wang, Cecillia) (Filed on 1/26/2007) (Entered: 01/26/2007)
2007-02-2225***FILED IN ERROR. PLEASE SEE DOCKET # 26 *** Minute Entry: Motion Hearing held on 2/22/2007 before William Alsup (Date Filed: 2/22/2007). Parties are attempting to finalize the settlement and file a dismissal within the week. Motion Hearing set for 3/1/2007 02:00 PM in Courtroom 9, 19th Floor, San Francisco. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 2/22/2007) Modified on 2/22/2007 (dt, COURT STAFF). (Entered: 02/22/2007)
2007-02-2226Minute Entry: Motion Hearing held on 2/22/2007 before William Alsup (Date Filed: 2/22/2007). Parties are attempting to finalize the settlement and file a dismissal order. Motion Hearing set for 3/1/2007 02:00 PM in Courtroom 9, 19th Floor, San Francisco. (Court Reporter Sahar McVickar.) (dt, COURT STAFF) (Date Filed: 2/22/2007) (Entered: 02/22/2007)
2007-02-2327AMENDED MOTION for leave to appear in Pro Hac Vice, Michael Wishnie, Esq., filed by American Civil Liberties Union. (Previously paid - see doc. #14)(sis, COURT STAFF) (Filed on 2/23/2007) Modified on 3/9/2007 (sis, COURT STAFF). (Entered: 02/23/2007)
2007-02-23Received Order re 27 MOTION for leave to appear in Pro Hac Vice by American Civil Liberties Union. (sis, COURT STAFF) (Filed on 2/23/2007) (Entered: 02/23/2007)
2007-02-2828STIPULATION of Dismissal and Proposed Order by American Civil Liberties Union. (Wang, Cecillia) (Filed on 2/28/2007) (Entered: 02/28/2007)
2007-03-0129STIPULATION AND ORDER OF DISMISSAL. Signed by Judge Alsup on March 1, 2007. (whalc1, COURT STAFF) (Filed on 3/1/2007) (Entered: 03/01/2007)
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by FOIA Project Staff
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