Case Detail

FOIA Project Annotation: A federal court in California has ruled that the ACLU Immigrants' Rights Project and the Center for Gender and Refugee Studies at Hastings College of Law are entitled to attorney's fees for their litigation against U.S. Immigration and Customs Enforcement but has reduced their fee request by $13,420, awarding a total of $63,385 instead of the original request of $76,805. The organization submitted two FOIA requests for records concerning parole for arriving asylum seekers. The agency failed to respond within the statutory time limit and the organizations filed suit, settling the case ten months later. ICE argued that the requesters were not entitled to fees for time spent drafting the FOIA requests and pursuing administrative appeals. Magistrate Judge Jacqueline Scott Corley agreed with the agency, noting that "FOIA provides an award of fees to a plaintiff prevailing in a case brought in district court. Accordingly, work performed during administrative proceedings prior to litigation is not recoverable under FOIA." The requesters argued that administrative appeals were necessary to determine whether or not to sue in the first place. But Corley pointed out that "the only evidence before the court shows Plaintiffs are seeking fees for work performed during the administrative process and nothing more. The statute does not provide for an award of fees for work performed during the administrative process even if the plaintiffs view the process as necessary." Noting there was a split in the case law as to whether fees could be recovered for document review, she indicated she agreed with both lines of cases. She explained that "a prevailing plaintiff is not entitled to recover fees for merely having its attorney review the documents. However, when a defendant produces documents during FOIA litigation, plaintiff's counsel must review the documents to determine if the production ends the litigation or if there are still compliance issues that necessitate further litigation. Such costs are litigation costs." Corley agreed that the attorneys who had made the requests also served in a legal capacity during the litigation and could be compensated as a result. However, she reduced the total fee award for excessive and duplicative billing.
Issues: Litigation - Attorney's fees - Eligibility, Litigation - Attorney's fees - Entitlement - Calculation of award

Date Filed	Doc #	Docket Text
2016-10-20	1	COMPLAINT for Declaratory and Injunctive Relief against U.S. Immigration and Customs Enforcement ( Filing fee $ 400, receipt number 0971-10865660.). Filed byAmerican Civil Liberties Union Foundation Immigrants' Rights Project, CENTER FOR GENDER & REFUGEE STUDIES AT THE UNIVERSITY OF CALIFORNIA HASTINGS COLLEGE OF THE LAW. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Civil Cover Sheet)(Wroe, Mishan) (Filed on 10/20/2016) (Entered: 10/20/2016)
2016-10-20	2	Certificate of Interested Entities by American Civil Liberties Union Foundation Immigrants' Rights Project, CENTER FOR GENDER & REFUGEE STUDIES AT THE UNIVERSITY OF CALIFORNIA HASTINGS COLLEGE OF THE LAW (Wroe, Mishan) (Filed on 10/20/2016) (Entered: 10/20/2016)
2016-10-20	3	Case assigned to Hon. Saundra Brown Armstrong. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening. Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. (svS, COURT STAFF) (Filed on 10/20/2016) (Entered: 10/20/2016)
2016-10-20	4	Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 1/11/2017. Case Management Conference set for 1/18/2017 at 02:30 PM. (kcS, COURT STAFF) (Filed on 10/20/2016) (Entered: 10/21/2016)
2016-10-21	5	TELEPHONIC CASE MANAGEMENT SCHEDULING ORDER. Signed by Judge Saundra Brown Armstrong on 10/21/16. (dtmS, COURT STAFF) (Filed on 10/21/2016) (Entered: 10/21/2016)
2016-10-25	6	ORDER OF RECUSAL. Signed by Judge Saundra B Armstrong on 10/25/16. (dtmS, COURT STAFF) (Filed on 10/25/2016) (Entered: 10/25/2016)
2016-10-25	7	ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Jacqueline Scott Corley for all further proceedings. Judge Hon. Saundra Brown Armstrong no longer assigned to the case. Signed by the Executive Committee on October 25, 2016. (cjlS, COURT STAFF) (Filed on 10/25/2016) (Entered: 10/25/2016)
2016-10-26	8	NOTICE of Appearance by Michael King Thomas Tan (Tan, Michael) (Filed on 10/26/2016) (Entered: 10/26/2016)
2016-10-26	9	CLERK'S NOTICE Scheduling Case Management Conference. Joint Case Management Statement due by 1/12/2017. Initial Case Management Conference set for 1/19/2017 at 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahm, COURT STAFF) (Filed on 10/26/2016) (Additional attachment(s) added on 10/26/2016: # 1 Judge Corley's Standing Order) (ahm, COURT STAFF). (Entered: 10/26/2016)
2016-10-26	10	CLERK'S NOTICE Re: Consent or Declination: Plaintiffs shall file a consent or declination to proceed before a magistrate judge. Consent/Declination due by 11/9/2016. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (ahm, COURT STAFF) (Filed on 10/26/2016) (Entered: 10/26/2016)
2016-11-04	11	Proposed Summons. (Wroe, Mishan) (Filed on 11/4/2016) (Entered: 11/04/2016)
2016-11-07	12	Summons Issued as to U.S. Immigration and Customs Enforcement. (slhS, COURT STAFF) (Filed on 11/7/2016) (Entered: 11/07/2016)
2016-11-08	13	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law.. (Wroe, Mishan) (Filed on 11/8/2016) (Entered: 11/08/2016)
2016-11-09	14	CERTIFICATE OF SERVICE by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law re 12 Summons Issued as to USA (Wroe, Mishan) (Filed on 11/9/2016) (Entered: 11/09/2016)
2016-11-09	15	SUMMONS Returned Executed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. U.S. Immigration and Customs Enforcement served on 11/7/2016, answer due 1/6/2017. (Wroe, Mishan) (Filed on 11/9/2016) Modified on 11/10/2016 (slhS, COURT STAFF). (Entered: 11/09/2016)
2016-11-09	16	CERTIFICATE OF SERVICE by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law re 12 Summons Issued as to USA (Wroe, Mishan) (Filed on 11/9/2016) (Entered: 11/09/2016)
2016-11-17	17	NOTICE of Appearance by Julie Bibb Davis (Davis, Julie) (Filed on 11/17/2016) (Entered: 11/17/2016)
2016-11-17	18	CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Immigration and Customs Enforcement.. (Davis, Julie) (Filed on 11/17/2016) (Entered: 11/17/2016)
2016-12-01	19	STIPULATION WITH PROPOSED ORDER To Extend Time To Respond To Plaintiffs' Complaint filed by U.S. Immigration and Customs Enforcement. (Davis, Julie) (Filed on 12/1/2016) (Entered: 12/01/2016)
2016-12-01	20	ORDER by Magistrate Judge Jacqueline Scott Corley granting 19 Stipulation to Extend Time To Respond To Plaintiffs' Complaint. (ahm, COURT STAFF) (Filed on 12/1/2016) (Entered: 12/01/2016)
2016-12-22	21	MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11026811.) filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	22	STIPULATION WITH PROPOSED ORDER re 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11026811.) filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	23	Declaration of Eunice Lee in Support of 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11026811.) filed byAmerican Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Related document(s) 21 ) (Wiegmann, Yakov) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	24	MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11026811.) Filing fee previously paid on 12/22/2016 filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 12/22/2016) Modified on 12/23/2016 (aaaS, COURT STAFF). (Entered: 12/22/2016)
2016-12-22	25	Declaration of Yakov P. Wiegmann in Support of 21 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-11026811.) filed byAmerican Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Related document(s) 21 ) (Wiegmann, Yakov) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	26	STIPULATION WITH PROPOSED ORDER Continuing Case Management Statement filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	27	ORDER by Magistrate Judge Jacqueline Scott Corley granting 22 Stipulation ADMITTING EUNICE LEE PRO HAC VICE. (ahmS, COURT STAFF) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	28	ORDER by Magistrate Judge Jacqueline Scott Corley granting 26 Stipulation Continuing Case Management Conference. Joint Case Management Statement due by 1/26/2017. Initial Case Management Conference reset for 2/2/2017 at 01:30 PM in Courtroom F, 15th Floor, San Francisco. (ahmS, COURT STAFF) (Filed on 12/22/2016) (Entered: 12/22/2016)
2016-12-22	29	ORDER by Jagistrate Judge Jacqueline Scott Corley granting 24 Motion for Pro Hac Vice as to Eunice Lee. (ahmS, COURT STAFF) (Filed on 12/22/2016) (Entered: 12/22/2016)
2017-01-05	30	ANSWER to Complaint byU.S. Immigration and Customs Enforcement. (Davis, Julie) (Filed on 1/5/2017) (Entered: 01/05/2017)
2017-01-18	31	ADR Clerk's Notice re: Non-Compliance with Court Order(ewh, COURT STAFF) (Filed on 1/18/2017) (Entered: 01/18/2017)
2017-01-20	32	NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Wiegmann, Yakov) (Filed on 1/20/2017) (Entered: 01/20/2017)
2017-01-23	33	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (ACLU) (Wiegmann, Yakov) (Filed on 1/23/2017) (Entered: 01/23/2017)
2017-01-23	34	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (CGRS) (Wiegmann, Yakov) (Filed on 1/23/2017) (Entered: 01/23/2017)
2017-01-23	35	ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Davis, Julie) (Filed on 1/23/2017) (Entered: 01/23/2017)
2017-01-23	36	ADR Clerk's Notice Setting ADR Phone Conference on Friday, January 27, 2017, at 11:30 AM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 1/23/2017) (Entered: 01/23/2017)
2017-01-26	37	JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 1/26/2017) (Entered: 01/26/2017)
2017-01-30	38	ADR Remark: ADR Phone Conference held by Howard Herman on 1/27/2017. (af, COURT STAFF) (Filed on 1/30/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 01/30/2017)
2017-01-30	39	MOTION to Appear by Telephone for Eunice Lee filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 1/30/2017) (Entered: 01/30/2017)
2017-01-30	40	MOTION to Appear by Telephone for Michael Tan filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 1/30/2017) (Entered: 01/30/2017)
2017-02-01	41	ORDER by Magistrate Judge Jacqueline Scott Corley granting 39 Motion to Appear by Telephone; granting 40 Motion to Appear by Telephone. Counsel shall contact Court Call at 1-888-882-6878 to make the arrangements to appear by telephone. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 2/1/2017) (Entered: 02/01/2017)
2017-02-02	42	Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Initial Case Management Conference held on 2/2/2017. The parties shall meet and confer re: plan.Joint Case Management Statement due by 2/15/2017. Statement shall address outstanding issues. Further Case Management Conference set for 2/17/2017 at 09:00 AM in Courtroom F, 15th Floor, San Francisco. (Not Reported) Plaintiff Attorneys: Yakov Wiegman; Angelica Salceda; Michael Tan via Court Call; Eunice Lee via Court Call. Defendant Attorney: Julie Bibb Davis. This is a text only Minute Entry (ahm, COURT STAFF) (Date Filed: 2/2/2017) (Entered: 02/02/2017)
2017-02-15	43	MOTION for Extension of Time to File Joint Case Management Statement filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 2/15/2017) (Entered: 02/15/2017)
2017-02-16	44	JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 2/16/2017) (Entered: 02/16/2017)
2017-02-16	45	Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Further Case Management Conference held on 2/16/2017. CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement Conference to occur in March, 2017. Further Case Management Conference to be set before Magistrate Judge Corley immediately after settlement conference. Total Time in Court: 15 minutes. Not Reported. Plaintiff Attorneys: Yakov Wiegmann, Eunice Lee. Defendant Attorney: Julie Bibb Davis. This is a text only Minute Entry. There is no pdf image associated with this entry. (afmS, COURT STAFF) (Date Filed: 2/17/2017) Modified on 2/23/2017 (ahm, COURT STAFF). (Entered: 02/17/2017)
2017-02-17	45	Minute Entry for proceedings held before Magistrate Judge Jacqueline Scott Corley: Further Case Management Conference held on 2/17/2017. CASE REFERRED to Magistrate Judge Donna M. Ryu for Settlement Conference to occur in March, 2017. Further Case Management Conference to be set before Magistrate Judge Corley immediately after settlement conference. Total Time in Court: 15 minutes. Not Reported. Plaintiff Attorneys: Yakov Wiegmann, Eunice Lee. Defendant Attorney: Julie Bibb Davis. This is a text only Minute Entry. There is no pdf image associated with this entry. (afmS, COURT STAFF) (Date Filed: 2/17/2017) (Entered: 02/17/2017)
2017-02-22	46	Order Setting Settlement Conference: Settlement Conference set for 3/27/2017 10:00 AM before Magistrate Judge Donna M. Ryu. Signed by Magistrate Judge Donna M. Ryu on 2/22/17. (ig, COURT STAFF) (Filed on 2/22/2017) (Entered: 02/22/2017)
2017-03-15	47	STIPULATION WITH PROPOSED ORDER Stipulated Request to Continue Settlement Conference filed by U.S. Immigration and Customs Enforcement. (Davis, Julie) (Filed on 3/15/2017) (Entered: 03/15/2017)
2017-03-16	48	ORDER (AS MODIFIED) by Magistrate Judge Donna M. Ryu granting 47 Stipulation to Continue: Settlement Conference continued to 4/28/2017 11:00 AM. (ig, COURT STAFF) (Filed on 3/16/2017) (Entered: 03/16/2017)
2017-04-20	49	NOTICE by U.S. Immigration and Customs Enforcement re Vacating of Settlement Conference (Davis, Julie) (Filed on 4/20/2017) (Entered: 04/20/2017)
2017-04-24	50	ORDER vacating 4/28/2017 settlement conference in light of 49 Notice filed by U.S. Immigration and Customs Enforcement. Signed by Magistrate Judge Donna M. Ryu on 4/24/2017. (This is a text-only entry; there is no document associated with this entry.)(dmrlc1, COURT STAFF) (Filed on 4/24/2017) (Entered: 04/24/2017)
2017-05-08	51	NOTICE of Change of Address by Mishan Raini Wroe (Wroe, Mishan) (Filed on 5/8/2017) (Entered: 05/08/2017)
2017-06-22	52	CLERK'S NOTICE SETTING CASE MANAGEMENT CONFERENCE. To all parties and counsel of record: Please take notice that the case management conference is scheduled for August 10, 2017 at 1:30 p.m., before Magistrate Judge Jacqueline Scott Corley, in Courtroom F, 15th Floor, Federal Building, 450 Golden Gate Avenue in San Francisco. The joint case management statement shall be filed seven days prior to the conference. (This is a text only docket entry, there is no document associated with this notice.) (ahm, COURT STAFF) (Filed on 6/22/2017) (Entered: 06/22/2017)
2017-08-03	53	JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 8/3/2017) (Entered: 08/03/2017)
2017-08-07	54	MOTION to Appear by Telephone for Angelica Salceda filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wroe, Mishan) (Filed on 8/7/2017) (Entered: 08/07/2017)
2017-08-08	55	ORDER by Magistrate Judge Jacqueline Scott Corley granting 54 Motion to Appear by Telephone for Angelica Salceda. Counsel shall contact Court Call at 1-888-882-6878 to make the arrangements. (ahm, COURT STAFF) (Filed on 8/8/2017) (Entered: 08/08/2017)
2017-08-08	56	Joint MOTION for Settlement filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. Motion Hearing set for 8/10/2017 01:30 PM in Courtroom F, 15th Floor, San Francisco before Magistrate Judge Jacqueline Scott Corley. Responses due by 8/22/2017. Replies due by 8/29/2017. (Attachments: # 1 Proposed Order)(Wiegmann, Yakov) (Filed on 8/8/2017) (Entered: 08/08/2017)
2017-08-09	57	ORDER granting Joint Motion for settlement. Case terminated. Signed by Judge Jacqueline Corley on 8/9/17. (tfS, COURT STAFF) (Filed on 8/9/2017) (Entered: 08/09/2017)
2017-08-11	58	STIPULATION WITH PROPOSED ORDER TO EXTEND PLAINTIFFS' DEADLINE TO FILE MOTION FOR REASONABLE ATTORNEYS' FEES AND LITIGATION COSTS filed by American Civil Liberties Union Immigrants' Right Projects, Center For Gender & Refugee Studies at the University of California Hastings College of the Law. (Wiegmann, Yakov) (Filed on 8/11/2017) (Entered: 08/11/2017)
2017-08-11	59	ORDER by Magistrate Judge Jacqueline Scott Corley granting 58 Stipulation to Extending Plaintiffs' Deadline to File Motion for Attorneys' Fees and Litigation Costs. Plaintiffs' motion for attorneys' fees may be filed up to and including 9/12017.(mklS, COURT STAFF) (Filed on 8/11/2017) (Entered: 08/11/2017)
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