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Case TitleCasper et al v. U.S. Department of Homeland Security et al
DistrictDistrict of Minnesota
CityDMN
Case Number0:2016cv00380
Date Filed2016-02-16
Date Closed2017-01-20
JudgeJudge Ann D. Montgomery
PlaintiffBenjamin Casper
PlaintiffKatherine Evans
PlaintiffRobert Koulish
Case DescriptionBenjamin Casper, a law professor at the University of Minnesota Law School, Katherine Evans, a teaching fellow at the University of Minnesota Law School, and Robert Koulish, a political science professor at the University of Maryland, submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning agency training of personnel to use its risk classification assessment tool. They asked for a fee waiver, which was eventually granted by the agency. The agency responded that it had no records. The requesters filed an administrative appeal and the agency told the requesters it would conduct a further search. Casper and his colleagues submitted a second FOIA request to ICE for records concerning the use of the mandatory detention tool. They also requested a fee waiver, which the agency granted. The agency responded to this request by also indicating that it had no records. The requesters appealed and the agency agreed to conduct another search. Casper and his colleagues submitted a third FOIA request to ICE for records concerning ICE arrests in the St. Paul area. They requested a fee waiver, which was denied. The agency provided a spreadsheet with redactions under Exemption 6 (invasion of privacy), Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). The requesters appealed both the fee waiver and the agency's exemption claims. The agency upheld its denial of the fee waiver. The agency told the requesters that its request pertaining to arrests in the St. Paul area was too broad and that they should narrow the request. Casper and his colleagues indicated they were willing to work with the agency, but those discussions were not fruitful. Casper and his colleagues then filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2016-02-161COMPLAINT against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ( Filing fee $ 400 receipt number AMNDC-4779866.) Filed by Benjamin Casper, Robert Koulish, Katherine Evans. Filer requests summons issued. (Attachments: # 1 Exhibit(s) 1-31, # 2 Civil Cover Sheet) (Mawer, Emily) (Entered: 02/16/2016)
2016-02-162TEXT ONLY ENTRY: CLERK'S NOTICE OF INITIAL CASE ASSIGNMENT. Case assigned to Judge Ann D. Montgomery per Master List referred to Magistrate Judge Becky R. Thorson. Please use case number 16-cv-380 (ADM/BRT). (MMP) (Entered: 02/16/2016)
2016-02-163Summons Issued as to U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (MMP) (Entered: 02/16/2016)
2016-02-234SUMMONS Returned Executed by Benjamin Casper, Robert Koulish, Katherine Evans. U.S. Department of Homeland Security served on 2/18/2016, answer due 4/18/2016; U.S. Immigration and Customs Enforcement served on 2/18/2016, answer due 4/18/2016. (Mawer, Emily) (Entered: 02/23/2016)
2016-02-255NOTICE of Appearance by Ann M Bildtsen on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Bildtsen, Ann) (Entered: 02/25/2016)
2016-02-266STIPULATION Regarding Extension of Time to Answer or Otherwise Respond by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Jointly Signed by Benjamin Casper, Katherine Evans, Robert Koulish, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement. (Bildtsen, Ann) (Entered: 02/26/2016)
2016-03-037Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Conference held on 3/3/2016. (LEG) (Entered: 03/03/2016)
2016-03-038ORDER that Defendants' time to answer or otherwise respond to the Complaint in this action is extended to and including May 9, 2016. The Court also finds good cause to delay the scheduling of a Rule 16 conference and the issuance of a Scheduling Order. Signed by Magistrate Judge Becky R. Thorson on 3/3/16. (LEG) (Entered: 03/03/2016)
2016-05-099ANSWER to Complaint by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Bildtsen, Ann) (Entered: 05/09/2016)
2016-05-1710NOTICE of Pretrial Conference: Pretrial Conference set for 6/13/2016 01:00 PM in Courtroom 6A (STP) before Magistrate Judge Becky R. Thorson. (Attachments: # 1 Consent Form)(kt) (Entered: 05/17/2016)
2016-05-3111AMENDED COMPLAINT against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Filed by Benjamin Casper, Robert Koulish, Katherine Evans. No summons requested. (Attachments: # 1 Exhibit(s) 1-31, # 2 Exhibit(s) 32-48) (Bjorklund, Shannon) (Entered: 05/31/2016)
2016-06-0812REPORT of Rule 26(f) Planning Meeting. Filed by Benjamin Casper, Katherine Evans, Robert Koulish. Jointly Signed by U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement.(Mawer, Emily) (Entered: 06/08/2016)
2016-06-1313Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Initial Pretrial Conference held on 6/13/2016. The parties will submit short letters by June 20, 2016, to support their positions on discovery and the Court will issue a Pretrial Scheduling Order. (LEG) (Entered: 06/13/2016)
2016-06-1414ANSWER to Amended Complaint by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Bildtsen, Ann) (Entered: 06/14/2016)
2016-06-2015LETTER TO MAGISTRATE JUDGE by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement Regarding Propriety of Early Discovery in FOIA Cases . (Bildtsen, Ann) (Entered: 06/20/2016)
2016-06-2016LETTER TO MAGISTRATE JUDGE by Benjamin Casper, Katherine Evans, Robert Koulish . (Bjorklund, Shannon) (Entered: 06/20/2016)
2016-07-0517PRETRIAL SCHEDULING ORDER: Telephone Status Conference set for 9/9/16 at 8:30. Amended Pleadings due by 7/15/2016. Motions (non-disp) due 12/1/2016. Motions (disp) due by 3/16/2017. Ready for trial due by 8/14/2017. Signed by Magistrate Judge Becky R. Thorson on 7/5/16. (LEG) Modified on 7/6/2016 (MMP). (Entered: 07/06/2016)
2016-09-0718ORDER FOR SETTLEMENT CONFERENCE: Settlement Conference set for 1/30/2017 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 9/6/16. (LPH) (Entered: 09/07/2016)
2016-09-0919Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 9/9/2016. The next Telephone Status Conference is set for 10/11/2016 08:30 AM before Magistrate Judge Becky R. Thorson. Chambers will provide call-in instructions. (LEG) (Entered: 09/13/2016)
2016-09-1320CORRECTED ORDER FOR SETTLEMENT CONFERENCE. Settlement Conference set for 1/30/2017 09:30 AM in Judge's Chambers, Suite 646 (STP) before Magistrate Judge Becky R. Thorson. Signed by Magistrate Judge Becky R. Thorson on 9/13/16. (LEG) (Entered: 09/13/2016)
2016-10-1121Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephonic Status Conference held on 10/11/2016. The next Telephone Status Conference set for 11/15/2016 08:30 AM before Magistrate Judge Becky R. Thorson. Chambers will provide call-in instructions. (LEG) (Entered: 10/11/2016)
2016-10-1222ORDER AMENDING PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Becky R. Thorson on 10/12/16. (LPH) (Entered: 10/12/2016)
2016-10-3123STIPULATION REGARDING EXTENSION OF SCHEDULING ORDER by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Jointly Signed by Benjamin Casper, Katherine Evans, Robert Koulish, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement. (Bildtsen, Ann) (Entered: 10/31/2016)
2016-11-0124ORDER AMENDING PRETRIAL SCHEDULING ORDER. IT IS HEREBY ORDERED that the Pretrial Scheduling Order (Doc. No. 17) is amended as follows: 1. The November 1, 2016 deadline for the governments production of its non-RCA summary declaration is extended to December 21, 2016. 2. The November 1, 2016 deadline remains in place for the governments production of its declaration regarding the RCA summaries. 3. All other deadlines in the Pretrial Scheduling Order (Doc. No. 17) remain in full force and effect. Signed by Magistrate Judge Becky R. Thorson on 11/1/2016. (KNK) (Entered: 11/01/2016)
2016-11-1525Minute Entry for proceedings held before Magistrate Judge Becky R. Thorson: Telephone Status Conference held on 11/15/2016. (LPH) (Entered: 11/15/2016)
2016-12-1926SECOND STIPULATION Regarding Extension of Scheduling Order by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Jointly Signed by Benjamin Casper, Katherine Evans, Robert Koulish, U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement. (Bildtsen, Ann) Modified on 12/19/2016 (MMP). (Entered: 12/19/2016)
2016-12-1927SECOND ORDER AMENDING PRETRIAL SCHEDULING ORDER. Signed by Magistrate Judge Becky R. Thorson on 12/19/2016. (ACH) (Entered: 12/19/2016)
2017-01-1928STIPULATION of Dismissal and Settlement by Benjamin Casper, Katherine Evans, Robert Koulish. Jointly Signed by U.S. Department of Homeland Security and U.S. Immigration and Customs Enforcement. ATTACHMENTS FILED IN ERROR - NEED TO REFILE EXHIBIT A ONLY(Attachments: # 1 Exhibit(s) A-B)(Bjorklund, Shannon) Modified on 1/20/2017 (MMP). (Entered: 01/19/2017)
2017-01-1929CERTIFICATE OF SERVICE ON PROPOSED ORDER by Benjamin Casper, Katherine Evans, Robert Koulish re 28 Stipulation of Dismissal, (Bjorklund, Shannon) (Entered: 01/19/2017)
2017-01-2030TEXT ONLY ENTRY: NOTICE of Cancelation of Hearing: Per counsel, the matter has settled. The Settlement Conference set for 1/30/2017 before Magistrate Judge Becky R. Thorson is canceled. (MSK) (Entered: 01/20/2017)
2017-01-2031EXHIBIT A re 28 Stipulation of Dismissal, by Benjamin Casper, Katherine Evans, Robert Koulish. (Bjorklund, Shannon) Modified on 1/20/2017 (MMP). (Entered: 01/20/2017)
2017-01-2032ORDER granting 28 Stipulation of Dismissal. Signed by Judge Ann D. Montgomery on 1/20/17. (JME) (Entered: 01/20/2017)
2017-01-2033JUDGMENT (Attachments: # 1 Civil Notice - appeal)(MMP) (Entered: 01/20/2017)
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by FOIA Project Staff
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