Case Detail

FOIA Project Annotation: A federal court in Illinois has ruled that the Department of Justice has shown that internal communications pertaining to 11 contested immigration decisions issued by the Attorney General before 2010 were privileged under Exemption 5 (privileges), but that the agency's Vaughn index does not provide a sufficient explanation to support its claim that certain records were protected by the deliberative process privilege. The National Immigrant Justice Center requested the records. Immigrants subject to removal first appear before an immigration judge and their decisions can be appealed to the Board of Immigration Appeals, which consists of DOJ attorneys. Both immigration judges and BIA members are part of the Executive Office of Immigration Review, a component of DOJ, but the Department of Homeland Security represents the government's interests in removal proceedings before immigration judges and the BIA. The Attorney General may review any BIA decision and any further decision made by the AG is binding and precedential. Immigrants may seek review of final BIA or Attorney General decisions in the appropriate court of appeals, where DOJ's Office of Immigration Litigation defends the BIA or Attorney General decision. If the decision is appealed to the Supreme Court, the Office of the Solicitor General represents the government. NIJC argued that communications between the Attorney General and/or the Office of Immigration Litigation and the Solicitor General's Office were not privileged because OIL and OSG had a separate interest in the litigation that could be considered adverse to that of the Attorney General. The court disagreed, noting that "in this capacity, communications between OIL and OSG with the Attorney General during her review of a BIA decision may constitute communications between attorney and a client in anticipation of litigation." Rejecting NIJC's contention that the case was similar to the Ninth Circuit's decision in Klamath Water Users Protective Association v. Dept of Interior, 189 F.3d 1034 (9th Cir. 1999), the court observed that "extending this ruling to communications made between various groups within an agency would not only be logistically difficult but also would stymie the very purpose of Exemption 5 â€" to allow for the free flow of information and ideas within an agency." Turning to the agency's deliberative process privilege claim, the court pointed out that "if existing policy was discussed in this email and other emails in the Vaughn indices, then those communications were not properly withheld." However, the court agreed that other records were protected by the attorney-client privilege or the attorney work-product privilege.
Issues: Exemption 5 - Privileges

Date Filed	Doc #	Docket Text
2012-06-15	1	COMPLAINT filed by National Immigrant Justice Center; Filing fee $ 350, receipt number 0752-7259497.(Murray, Brian) (Entered: 06/15/2012)
2012-06-15	2	CIVIL Cover Sheet (Murray, Brian) (Entered: 06/15/2012)
2012-06-15	3	ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Brian Joseph Murray (Murray, Brian) (Entered: 06/15/2012)
2012-06-15		CASE ASSIGNED to the Honorable Robert W. Gettleman. Designated as Magistrate Judge the Honorable Sidney I. Schenkier. (daj, ) (Entered: 06/15/2012)
2012-06-15		SUMMONS Issued as to Defendant Department of Justice, U.S. Attorney, U.S. Attorney General. (jh, ) (Entered: 06/15/2012)
2012-06-22	4	DESIGNATION of Craig Arthur Oswald as U.S. Attorney for Defendant United States Department of Justice (Oswald, Craig) (Entered: 06/22/2012)
2012-07-13	5	SUMMONS Returned Executed by National Immigrant Justice Center as to United States Department of Justice served on 6/20/2012, answer due 8/20/2012 (Murray, Brian) (Entered: 07/13/2012)
2012-07-13	6	SUMMONS Returned Executed by National Immigrant Justice Center as to United States Department of Justice served on 6/18/2012, answer due 8/20/2012 (Murray, Brian) (Entered: 07/13/2012)
2012-07-23	7	MOTION by Defendant United States Department of Justice for extension of time to file answer (Attachments: # 1 Text of Proposed Order)(Oswald, Craig) (Entered: 07/23/2012)
2012-07-23	8	NOTICE of Motion by Craig Arthur Oswald for presentment of motion for extension of time to file answer 7 before Honorable Robert W. Gettleman on 7/26/2012 at 09:00 AM. (Oswald, Craig) (Entered: 07/23/2012)
2012-08-03	9	MINUTE entry before Honorable Robert W. Gettleman: Defendant's motion 7 for extension of time to 8/6/2012 to answer or otherwise plead is granted. Mailed notice (gds) (Entered: 08/03/2012)
2012-08-03	10	ATTORNEY Appearance for Defendant United States Department of Justice by Bradley Heath Cohen (Cohen, Bradley) (Entered: 08/03/2012)
2012-08-06	11	ANSWER to Complaint by United States Department of Justice(Cohen, Bradley) (Entered: 08/06/2012)
2012-10-01	12	MINUTE entry before Honorable Robert W. Gettleman: Joint status report is due by 10/19/2012. Status hearing is set for 10/24/2012 at 9:00 a.m. Mailed notice (gds) (Entered: 10/01/2012)
2012-10-01	13	Order Setting Initial Status Report signed by the Honorable Robert W. Gettleman on 10/1/2012: Mailed notice(gds) (Entered: 10/01/2012)
2012-10-19	14	STATUS Report by National Immigrant Justice Center, United States Department of Justice (Murray, Brian) (Entered: 10/19/2012)
2012-10-24	15	MINUTE entry before Honorable Robert W. Gettleman: Status hearing held on 10/24/2012. Status hearing set for 1/18/2013 at 9:00 a.m. Mailed notice (gds) (Entered: 10/25/2012)
2012-10-25	16	MINUTE entry before Honorable Robert W. Gettleman: Status hearing date of 1/18/2013 is re-set to 1/8/2013 at 9:00 a.m. Mailed notice (gds) (Entered: 10/25/2012)
2012-12-19	17	STATUS Report by United States Department of Justice (Cohen, Bradley) (Entered: 12/19/2012)
2013-01-08	18	MINUTE entry before Honorable Robert W. Gettleman: Status hearing held on 1/8/2013. Status hearing set for 2/26/2013 at 9:00 a.m. Mailed notice (gds) (Entered: 01/08/2013)
2013-02-19	19	STATUS Report (Joint) by National Immigrant Justice Center (Murray, Brian) (Entered: 02/19/2013)
2013-02-22	20	STATUS Report by United States Department of Justice (Cohen, Bradley) (Entered: 02/22/2013)
2013-02-26	21	MINUTE entry before Honorable Robert W. Gettleman: Status hearing held on 2/26/2013. Status hearing set for 6/12/2013 at 9:00 a.m. Mailed notice (gds) (Entered: 02/26/2013)
2013-06-05	22	STATUS Report by United States Department of Justice (Cohen, Bradley) (Entered: 06/05/2013)
2013-06-12	23	MINUTE entry before Honorable Robert W. Gettleman: Status hearing held on 6/12/2013. Status hearing set for 10/23/2013 at 9:00 a.m. Mailed notice (gds) (Entered: 06/14/2013)
2013-08-29	24	STATUS Report by United States Department of Justice (Cohen, Bradley) (Entered: 08/29/2013)
2013-10-07	25	GENERAL ORDER 13-0018 dated 10/7/13: IT IS HEREBY ORDERED, effective October 1, 2013, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). "Signed by Chief Judge Castillo." Mailed notice(mjc, ) (Entered: 10/07/2013)
2013-10-17	26	GENERAL ORDER 13-0019 dated 10/17/13: IT IS THEREFORE ORDERED, that the stay entered by General Order 13-0018 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement), including but not limited to any scheduled discovery and pleading dates, are extended by 28 days. The Court warns litigants that this General Order does not purport to affect rights to or deadlines concerning appeal from any decision of this Court. Any litigant affected by this General Order may see relief from the order by motion. Trial dates in the affected cases will stand, although they may need to be adjusted in individual cases to account for the extension of other dates. The Court may, in any particular case, vary the effect or operation of this General Order by a separate ruling. (For Further Details See Attached Order). "Signed by Chief Judge Castillo." Mailed notice(mjc, ) (Entered: 10/17/2013)
2013-10-22	27	MINUTE entry before Honorable Robert W. Gettleman: Status hearing date of 10/23/2013 is re-set to 1/22/2014 at 9:00 a.m. Mailed notice (gds) (Entered: 10/22/2013)
2013-11-18	28	EXECUTIVE COMMITTEE ORDER: It appearing that, pursuant to the Executive Committee Order entered on November 5, 2013, the civil cases on the attached list have been selected for reassignment to form the initial calendar of the Honorable Andrea R. Wood, therefore IT IS HEREBY ORDERED that the attached list of 300 cases be reassigned to the Honorable Andrea R. Wood. IT IS FURTHER ORDERED that this order shall become effective on Tuesday, November 19,2013. Case reassigned to the Honorable Andrea R. Wood for all further proceedings. Signed by Executive Committee on 11/18/2013. (td, ) (Entered: 11/19/2013)
2013-11-18	30	MINUTE entry before the Honorable Andrea R. Wood:This case has been reassigned to the calendar of District Judge Andrea R. Wood. All previously set status dates and motion hearing dates are hereby stricken. The Court will set a date for a reassignment status conference by separate order. The parties are directed not to notice any motions for presentment prior to the reassignment status conference without first contacting chambers. Inquiries should be directed to the courtroom deputy before the motion is filed. Unless otherwise ordered by this Court, all other hearing dates, deadlines and schedules in effect as of the date of this Order remain in effect. To help the Court learn about the case, counsel for the parties shall confer and then prepare and file a joint Reassignment Status Report, not to exceed five pages, within 14 days of the entry of this Order. If defendants counsel has not yet filed an appearance, the Reassignment Status Report should be prepared by plaintiffs counsel. A template for the Reassignment Status Report, setting forth the information required, is attached to this Order and can be found on the Courts website at http://www.ilnd.uscourts.gov under District Judges, Judge Andrea R. Wood. (For further details, see attachment.)Mailed notice (pg, ) (Additional attachment(s) added on 11/25/2013: # 1 Reassignment Status Report) (jp, ). (Entered: 11/25/2013)
2013-11-19	29	MINUTE entry before the Honorable Robert W. Gettleman: Status hearing date of 1/22/2014 is stricken. Mailed notice (gds) (Entered: 11/19/2013)
2013-12-04	31	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/17/2013 at 09:00 a.m in courtroom 1725. Parties may notice motions for presentment at that time. Written notice of the intent to present a motion must be filed and served on all parties at least three business days in advance of the hearing. Mailed notice (ac, ) (Entered: 12/04/2013)
2013-12-05	32	STATUS Report Joint Reassignment Status Report by National Immigrant Justice Center (Murray, Brian) (Entered: 12/05/2013)
2013-12-05	33	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/17/2013 is reset to 1/28/2014 at 09:00 a.m in courtroom 1725. Mailed notice (ac, ) (Entered: 12/05/2013)
2014-01-16	34	ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Leigh Ann Krahenbuhl (Krahenbuhl, Leigh) (Entered: 01/16/2014)
2014-01-29	35	MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 3/4/2014 at 9:00 a.m. The parties will submit their joint status report regarding Defendants FOIA production by 2/12/2014. Mailed notice (ac, ) (Entered: 01/29/2014)
2014-02-12	36	STATUS Report (Joint) by National Immigrant Justice Center (Murray, Brian) (Entered: 02/12/2014)
2014-03-04	37	MINUTE entry before the Honorable Andrea R. Wood: Status hearing held; continued to 4/8/2014 at 9:00 a.m. Defendant shall provide a Vaughn index to Plaintiff by 3/7/2014. The parties shall file a joint status report by 3/21/2014. Mailed notice (ac, ) (Entered: 03/05/2014)
2014-03-21	38	STATUS Report (Joint) by National Immigrant Justice Center (Murray, Brian) (Entered: 03/21/2014)
2014-04-04	39	MINUTE entry before the Honorable Andrea R. Wood: The Court having reviewed the parties' Joint Status Report 38 , the status hearing set for 4/8/2014 is stricken. The parties shall file a joint status report to update the Court regarding the progress of their settlement negotiations by 4/24/2014. Status hearing set for 5/1/2014 at 9:00 a.m. Mailed notice (ac, ) (Entered: 04/04/2014)
2014-04-24	40	STATUS Report (Joint) by National Immigrant Justice Center (Murray, Brian) (Entered: 04/24/2014)
2014-04-30	41	MINUTE entry before the Honorable Andrea R. Wood: Having reviewed the parties' Joint Status Report 40 , the Court enters the following briefing schedule for summary judgment motions: Defendant's motion for summary judgment is due on or before 6/26/2014; Plaintiff's opposition / cross-motion for summary judgment is due on or before 7/31/2014; Defendant's opposition / reply brief is due on or before 8/21/2014; and Plaintiffs reply brief is due on or before 9/5/2014. The status hearing set for 5/1/2014 is stricken and parties need not appear. Status hearing set for 11/6/2014 at 9:00 a.m. Mailed notice (ac, ) Modified on 4/30/2014 (ac, ). (Entered: 04/30/2014)
2014-06-02	42	MOTION by Plaintiff National Immigrant Justice Center for leave to file First Amended Complaint (Krahenbuhl, Leigh) (Entered: 06/02/2014)
2014-06-02	43	NOTICE of Motion by Leigh Ann Krahenbuhl for presentment of motion for leave to file 42 before Honorable Andrea R. Wood on 6/5/2014 at 09:00 AM. (Krahenbuhl, Leigh) (Entered: 06/02/2014)
2014-06-04	44	RESPONSE by Defendant United States Department of Justice to motion for leave to file 42 (Cohen, Bradley) (Entered: 06/04/2014)
2014-06-05	45	MINUTE entry before the Honorable Andrea R. Wood: Motion hearing held on Plaintiff's motion for leave to file first amended complaint 42 . Only counsel for Plaintiff appeared. Defendant having filed a written response stating that it has no objection, Plaintiffs motion for leave to file an amended complaint is granted. The briefing schedule for summary judgment set forth in this Court's 4/30/2015 order is stricken. The parties shall file a joint status report to update the Court regarding the status of Defendants response to the request to its Office of Legal Counsel by 8/5/2014. Status hearing set for 8/12/2014 at 9:00 a.m. Upon review of the status report, the Court will determine whether it is necessary for the parties to appear on 8/12/2014. Mailed notice (ac, ) (Entered: 06/06/2014)
2014-06-12	46	First AMENDED complaint by National Immigrant Justice Center against United States Department of Justice (Krahenbuhl, Leigh) (Entered: 06/12/2014)
2014-06-26	47	ANSWER to amended complaint by United States Department of Justice(Cohen, Bradley) (Entered: 06/26/2014)
2014-08-05	48	STATUS Report (Joint) by United States Department of Justice (Cohen, Bradley) (Entered: 08/05/2014)
2014-08-11	49	MINUTE entry before the Honorable Andrea R. Wood: The Court having reviewed the parties' Joint Status Report 48 , the status hearing set for 8/12/2014 is stricken. Defendant shall provide an interim response to Plaintiff's Office of Legal Counsel request by 11/7/2014 and a final response by 1/15/2015. The parties shall file a joint status report by 1/30/2015 informing the Court whether any issues remain in dispute and, if so, proposing a briefing schedule for cross-motions for summary judgment. Status hearing set for 2/5/2015 at 9:00 a.m. Mailed notice (ac, ) (Entered: 08/11/2014)
2015-01-30	50	STATUS Report (Joint) by United States Department of Justice (Cohen, Bradley) (Entered: 01/30/2015)
2015-02-04	51	MINUTE entry before the Honorable Andrea R. Wood: Having reviewed the parties' Joint Status Report 50 , the status hearing set for 2/5/2015 is stricken. The parties shall file a joint status report by 2/20/2015 informing the Court whether any issues remain in dispute and, if so, proposing a briefing schedule for cross motions for summary judgment. Status hearing set for 3/4/2015 at 9:00 AM. Mailed notice (ef, ) (Entered: 02/04/2015)
2015-02-20	52	STATUS Report (Joint) by National Immigrant Justice Center (Murray, Brian) (Entered: 02/20/2015)
2015-03-03	53	MINUTE entry before the Honorable Andrea R. Wood: Having reviewed the parties' Joint Status Report 52 , the status hearing set for 3/4/2015 is stricken. The parties shall file a joint status report by 4/21/2015 informing the Court whether any issues remain in dispute and, if so, proposing a briefing schedule for cross motions for summary judgment. Status hearing set for 4/30/2015 at 9:00 AM. Mailed notice (ef, ) (Entered: 03/03/2015)
2015-04-21	54	STATUS Report (Joint) by National Immigrant Justice Center (Murray, Brian) (Entered: 04/21/2015)
2015-04-29	55	MINUTE entry before the Honorable Andrea R. Wood: Having reviewed the parties' Joint Status Report 54 , the status hearing set for 4/30/2015 is stricken. The parties shall file a joint status report by 5/21/2015 informing the Court whether any issues remain in dispute. If the parties have not resolved their remaining issues by the next status hearing, the Court will not be inclined to reset that date but rather will expect the parties to appear to provide an oral report on the progress that has been made and the areas of disagreement that remain. Status hearing set for 5/28/2015 at 9:00 AM. Mailed notice (ef, ) (Entered: 04/29/2015)
2015-05-21	56	STATUS Report (Joint) by United States Department of Justice (Cohen, Bradley) (Entered: 05/21/2015)
2015-05-27	57	MINUTE entry before the Honorable Andrea R. Wood: The Court has reviewed the parties' joint status report 56 , in which they represent that their settlement discussions have reached an impasse and propose a schedule for summary judgment briefing. The Court accepts the schedule proposed by the parties. Defendant shall file its motion for summary judgment on or before 8/13/2015. Plaintiff shall file its opposition/cross motion for summary judgment on or before 9/24/2015. Defendant shall file its opposition/reply brief on or before 10/22/2015. Plaintiff shall file its reply on or before 11/19/2015. This is a firm schedule. The status hearing set for 5/28/2015 is stricken and reset for 1/7/2016 at 9:00 a.m. Mailed notice (ep, ) (Entered: 05/27/2015)
2015-08-10	58	MOTION by Defendant United States Department of Justice for leave to file excess pages (Unopposed) (Cohen, Bradley) (Entered: 08/10/2015)
2015-08-10	59	NOTICE of Motion by Bradley Heath Cohen for presentment of motion for leave to file excess pages 58 before Honorable Andrea R. Wood on 8/13/2015 at 09:00 AM. (Cohen, Bradley) (Entered: 08/10/2015)
2015-08-11	60	MINUTE entry before the Honorable Andrea R. Wood: Defendant's Unopposed Motion for leave to file excess pages 58 is granted. Defendant is granted leave to file a memorandum in support of its motion for summary judgment up to 25 pages in length. The motion presentment date of 8/13/2015 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 08/11/2015)
2015-08-13	61	MOTION by Defendant United States Department of Justice for summary judgment (Cohen, Bradley) (Entered: 08/13/2015)
2015-08-13	62	MEMORANDUM by United States Department of Justice in support of motion for summary judgment 61 (Attachments: # 1 Declaration of Laurie A. Day and Exhibits, # 2 Declaration of Paul P. Colborn and Exhibits)(Cohen, Bradley) (Entered: 08/13/2015)
2015-08-13	63	RULE 56 Rule 56.1(a) Statement by United States Department of Justice regarding motion for summary judgment 61 (Cohen, Bradley) (Entered: 08/13/2015)
2015-09-17	64	MOTION by Plaintiff National Immigrant Justice Center for leave to file excess pages (Murray, Brian) (Entered: 09/17/2015)
2015-09-17	65	NOTICE of Motion by Brian Joseph Murray for presentment of motion for leave to file excess pages 64 before Honorable Andrea R. Wood on 9/22/2015 at 09:00 AM. (Murray, Brian) (Entered: 09/17/2015)
2015-09-18	66	MINUTE entry before the Honorable Andrea R. Wood: Plaintiff Motion for leave to file excess pages 64 is granted. The motion presentment date of 9/22/2015 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 09/18/2015)
2015-09-18	67	ATTORNEY Appearance for Defendant United States Department of Justice by Felicia L. Chambers (Chambers, Felicia) (Entered: 09/18/2015)
2015-09-24	68	WITHDRAWING Bradley Cohen as counsel for Defendant United States Department of Justice and substituting Felicia L. Chambers as counsel of record (Chambers, Felicia) (Entered: 09/24/2015)
2015-09-24	69	MOTION by Plaintiff National Immigrant Justice Center for summary judgment (Murray, Brian) (Entered: 09/24/2015)
2015-09-24	70	MEMORANDUM motion for summary judgment 61 , motion for summary judgment 69 by National Immigrant Justice Center (Plaintiff's Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment) (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Murray, Brian) (Entered: 09/24/2015)
2015-09-24	71	RULE 56 Statement by National Immigrant Justice Center regarding motion for summary judgment 61 , motion for summary judgment 69 (Plaintiff's Response to Defendant's Statement of Material Facts Not in Dispute and Plaintiff's Statement of Material Facts in Support of Cross-Motion for Summary Judgment) (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)(Murray, Brian) (Entered: 09/24/2015)
2015-10-16	72	MOTION by Defendant United States Department of Justice for extension of time to file response/reply as to motion for summary judgment 61 , motion for summary judgment 69 (Attachments: # 1 Notice of Filing)(Chambers, Felicia) (Entered: 10/16/2015)
2015-10-19	73	Corrected NOTICE of Motion by Felicia L. Chambers for presentment of motion for extension of time to file response/reply, motion for relief, 72 before Honorable Andrea R. Wood on 10/21/2015 at 09:00 AM. (Chambers, Felicia) (Entered: 10/19/2015)
2015-10-20	74	MINUTE entry before the Honorable Andrea R. Wood: Defendant's Agreed Motion for extension of time to file response/reply 72 is granted. Defendant shall file its opposition/reply brief as to motion for summary judgment 61 and motion for summary judgment 69 by 11/12/2015. Plaintiff shall file its reply on or before 12/10/2015. The motion presentment date of 10/21/2015 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 10/20/2015)
2015-11-06	75	MOTION by Defendant United States Department of Justice for extension of time to file response/reply as to motion for summary judgment 61 (Chambers, Felicia) (Entered: 11/06/2015)
2015-11-06	76	NOTICE of Motion by Felicia L. Chambers for presentment of motion for extension of time to file response/reply, motion for relief 75 before Honorable Andrea R. Wood on 11/12/2015 at 09:00 AM. (Chambers, Felicia) (Entered: 11/06/2015)
2015-11-09	77	Corrected NOTICE of Motion by Felicia L. Chambers for presentment of motion for extension of time to file response/reply, motion for relief 75 , motion for summary judgment 61 before Honorable Andrea R. Wood on 11/12/2015 at 09:00 AM. (Chambers, Felicia) (Entered: 11/09/2015)
2015-11-10	78	RESPONSE by National Immigrant Justice Center to MOTION by Defendant United States Department of Justice for extension of time to file response/reply as to motion for summary judgment 61 75 (Murray, Brian) (Entered: 11/10/2015)
2015-11-10	79	MINUTE entry before the Honorable Andrea R. Wood: Defendant United States Department of Justice motion for extension of time to file response/reply as to motion for summary judgment 75 is granted. Defendant shall file its opposition/reply brief as to motion for summary judgment 61 by 11/16/2015. Plaintiff shall file its reply on or before 12/14/2015. The motion presentment date of 11/12/2015 is stricken. Parties need not appear. Mailed notice (ef, ) (Entered: 11/10/2015)
2015-11-16	80	MEMORANDUM motion for summary judgment 61 , motion for summary judgment 69 by United States Department of Justice Memorandum in Reply to Defendant's Motion for Summary Judgment and in Opposition to Plaintiff's Motion for Summary Judgment (Chambers, Felicia) (Entered: 11/16/2015)
2015-11-16	81	RULE 56 (c) Statement by United States Department of Justice regarding motion for summary judgment 61 , motion for summary judgment 69 Defendant's Response to Plaintiff's Statement of Additional Facts (Chambers, Felicia) (Entered: 11/16/2015)
2015-12-14	82	REPLY by National Immigrant Justice Center to memorandum, 80 (Krahenbuhl, Leigh) (Entered: 12/14/2015)
2016-01-06	83	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 1/7/2016 is stricken and reset for 3/8/2016 at 9:00 a.m. Mailed notice. (mgh, ) (Entered: 01/06/2016)
2016-03-07	84	MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the Status hearing set for 3/8/2016 is stricken and reset for 4/12/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 03/07/2016)
2016-04-11	85	MINUTE entry before the Honorable Andrea R. Wood: By request and agreement of the parties, the Status hearing set for 4/12/2016 is stricken and reset for 4/20/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 04/11/2016)
2016-04-19	86	MINUTE entry before the Honorable Andrea R. Wood: On the Court's own motion, the status hearing set for 4/20/2016 is stricken and reset for 6/2/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 04/19/2016)
2016-05-16	87	ATTORNEY Appearance for Defendant United States Department of Justice by Matthew J.B. Lawrence (Attachments: # 1 Exhibit Notice of Appearance of Matthew J.B. Lawrence)(Lawrence, Matthew) (Entered: 05/16/2016)
2016-06-01	88	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 6/2/2016 is stricken and reset for 7/20/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 06/01/2016)
2016-07-18	89	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/20/2016 is stricken and reset for 8/9/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 07/18/2016)
2016-08-08	90	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 8/9/2016 is stricken and reset for 10/6/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 08/08/2016)
2016-10-05	91	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 10/6/2016 is stricken and reset for 11/8/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 10/05/2016)
2016-11-07	92	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 11/8/2016 is stricken and reset for 12/12/2016 at 09:00 AM. Mailed notice (ef, ) (Entered: 11/07/2016)
2016-12-09	93	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/12/2016 is stricken and reset for 1/10/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 12/09/2016)
2017-01-09	94	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 1/10/2017 is stricken and reset for 2/8/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 01/09/2017)
2017-01-25	95	ATTORNEY Appearance for Defendant United States Department of Justice by Marcia Kay Sowles (Sowles, Marcia) (Entered: 01/25/2017)
2017-01-26	96	WITHDRAWING Matthew Lawrence as counsel for Defendant United States Department of Justice and substituting Marcia Kay Sowles as counsel of record (Sowles, Marcia) (Entered: 01/26/2017)
2017-01-26	97	ATTORNEY Appearance for Defendant United States Department of Justice by Marcia Kay Sowles (Sowles, Marcia) (Entered: 01/26/2017)
2017-02-07	98	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 2/8/2017 is stricken and reset for 3/1/2017 at 09:00 AM. Mailed notice (ef, ) (Entered: 02/07/2017)
2017-02-08	99	ATTORNEY Appearance for Plaintiff National Immigrant Justice Center by Nicole C. Henning (Henning, Nicole) (Entered: 02/08/2017)
2017-02-08	100	WITHDRAWING Brian J. Murray as counsel for Plaintiff National Immigrant Justice Center and substituting Nicole C. Henning as counsel of record (Henning, Nicole) (Entered: 02/08/2017)
2017-02-28	101	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 3/1/2017 is stricken. Ruling on pending motion to follow separately. Mailed notice (ef, ) (Entered: 02/28/2017)
2018-03-27	102	MINUTE entry before the Honorable Andrea R. Wood: For the reasons explained in the accompanying Memorandum Opinion and Order, DOJ's motion for summary judgment 61 and NIJC's motion for summary judgment 69 are both granted in part and denied in part. By 4/24/2018, DOJ shall provide to the Court (by delivering to chambers) for in camera review copies of any documents identified in DOJ's Vaughn indices as exempt from FOIA solely due to the deliberative process privilege. DOJ shall also confirm that none of the withheld documents are communications between DHS and the Attorney General. To the extent there are any withheld DHS documents, DOJ should also produce those documents to the Court for in camera review by 4/24/2018. DOJ shall also file a notice on the docket confirming delivery. The Court will review the documents and issue a ruling as to specific documents. Status hearing set for 5/23/2018 at 9:00 AM. Mailed notice (ef, ) (Entered: 03/27/2018)
2018-03-27	103	MEMORANDUM Opinion and Order signed by the Honorable Andrea R. Wood on 3/27/2018. Mailed notice(ef, ) (Entered: 03/27/2018)
2018-04-06	104	MOTION by Defendant United States Department of Justice for reconsideration regarding memorandum opinion and order 103 (Sowles, Marcia) (Entered: 04/06/2018)
2018-04-06	105	MEMORANDUM by United States Department of Justice in support of motion for reconsideration 104 (Sowles, Marcia) (Entered: 04/06/2018)
2018-04-06	106	NOTICE of Motion by Marcia Kay Sowles for presentment of motion for reconsideration 104 before Honorable Andrea R. Wood on 4/11/2018 at 09:00 AM. (Sowles, Marcia) (Entered: 04/06/2018)
2018-04-10	107	MINUTE entry before the Honorable Andrea R. Wood: Plaintiff shall respond to Defendant's motion for reconsideration 104 by 4/24/2018. No reply is necessary at this time. The motion presentment date of 4/11/2018 is stricken. Parties need not appear. Status hearing set for 5/23/2018 102 remains firm. Mailed notice (ef, ) (Entered: 04/10/2018)
2018-04-24	108	RESPONSE by National Immigrant Justice Centerin Opposition to MOTION by Defendant United States Department of Justice for reconsideration regarding memorandum opinion and order 103 104 (Krahenbuhl, Leigh) (Entered: 04/24/2018)
2018-05-22	109	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 5/23/2018 is stricken and reset for 6/12/2018 at 09:00 AM. Mailed notice (ef, ) (Entered: 05/22/2018)
2018-06-11	110	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 6/12/2018 is stricken and reset for 7/18/2018 at 09:00 AM. Mailed notice (ef, ) (Entered: 06/11/2018)
2018-07-18	111	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 7/18/2018 is stricken to be reset by separate order. Mailed notice (aw,) (Entered: 07/18/2018)
2018-08-31	112	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 10/17/2018 at 09:00 AM. Mailed notice (ef, ) (Entered: 08/31/2018)
2018-10-12	113	NOTICE by Marcia Kay Sowles of Change of Address (Sowles, Marcia) (Entered: 10/12/2018)
2018-10-17	114	MINUTE entry before the Honorable Andrea R. Wood:Status hearing held. Pursuant to the discussion held in open court and for the reasons stated on the record, Defendant's motion for reconsideration 104 is denied. The deadline for Defendant to comply with the Court's March 27, 2018 order 102 is extended to 11/7/2018. Status hearing set for 12/6/2018 at 9:00 AM. Mailed notice (ef, ) (Entered: 10/19/2018)
2018-11-07	115	NOTICE by United States Department of Justice of Submission of Documents for In Camera Review (Attachments: # 1 Exhibit Vaughn Index of Documents Submitted for In Camera Review, # 2 Exhibit Declaration of Vanessa Brinkmann)(Sowles, Marcia) (Entered: 11/07/2018)
2018-12-05	116	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 12/6/2018 is stricken and reset for 1/2/2019 at 09:00 AM. Mailed notice (aw,) (Entered: 12/05/2018)
2018-12-28	117	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 1/2/2019 is stricken and reset to 1/23/2019 at 9:00 a.m. Mailed notice (cn). (Entered: 12/28/2018)
2018-12-30	118	GENERAL ORDER 18-0028 dated 12/26/18: IT IS HEREBY ORDERED, effective December 26, 2018, that all civil litigation involving as a party the United States of America, is immediately suspended, postponed and held in abeyance continuing for a period of fourteen (14) days from the date of entry of this General Order (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 12/26/2018: Mailed notice. (sm, ) (Entered: 12/30/2018)
2019-01-08	119	AMENDED GENERAL ORDER 18-0028 dated 01/08/2019: On December 26, 2018, General Order 18-0028 was entered. It appearing that the lapse of congressional appropriations funding the federal government continues, therefore General Order 18-0028 is now amended. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/8/2019: Mailed notice. (sm, ) (Entered: 01/08/2019)
2019-01-22	120	MINUTE entry before the Honorable Andrea R. Wood: In light of Amended General Order 18-0028 dated 01/08/2019 119 , the status hearing set for 1/23/2019 is stricken and reset for 2/20/2019 at 09:00 AM. Mailed notice (ef, ) (Entered: 01/22/2019)
2019-01-28	121	GENERAL ORDER 19-0004: RESETTING OF DEADLINES IN CIVIL MATTERS INVOLVING THE UNITED STATES AS A PARTY. IT APPEARING THAT as a result of the partial federal government shutdown, this Court amended General Order 18-0028 suspending as of December 21, 2018, all civil litigation in which the United States of America, its agencies, its officers, or employees were parties, with the stated intention of clarifying schedules in such cases upon the expiration of the lapse in appropriations; and IT FURTHER APPEARING THAT appropriations having been restored to fund the Department of Justice and other Executive Branch agencies, with employees beginning to report for work beginning on January 28, 2019; accordingly IT IS THEREFORE ORDERED that the stay entered by General Order 18-0028 is hereby lifted, and any and all deadlines in the affected civil litigation (whether established by order, rule, or agreement.), including but not limited to any scheduled discovery and pleading dates, are extended by 42 days. (For Further Details See Attached Order). Signed by the Honorable Ruben Castillo on 1/28/2019: Mailed notice. (mgw, ) (Entered: 01/28/2019)
2019-02-19	122	MINUTE entry before the Honorable Andrea R. Wood: Status hearing set for 2/20/2019 is stricken and reset for 3/5/2019 at 09:00 AM. Mailed notice (ef, ) (Entered: 02/19/2019)
2019-03-05	123	MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. For the reasons stated on the record, based on the Court's in camera review, the Court concludes that the remaining documents were properly withheld pursuant to the deliberate process privilege with the exceptions of (1) the email chain at Document 14(A), 14(B), and (2) any of the draft "talking points" that were adopted as the agency's position released to the public. Status hearing set for 4/10/2019 at 9:00 AM. Mailed notice (ef, ) (Entered: 03/11/2019)
2019-04-10	124	MINUTE entry before the Honorable Andrea R. Wood: Status hearing held. Subject to the limitations of the Court's March 27, 2018 Memorandum Opinion and Order 103 granting in part and denying in part the parties' cross-motions for summary judgment, the Clerk is directed to enter judgment in favor of Defendant. All other pending motions and hearing dates are stricken. Civil case terminated. Mailed notice (ef, ) (Entered: 04/11/2019)
2019-04-10	125	ENTERED JUDGMENT. Mailed notice(ef, ) (Entered: 04/11/2019)
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