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Case TitleAmerican Civil Liberties Union of Massachusetts et al v. Immigration and Customs Enforcement
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2021cv10761
Date Filed2021-05-10
Date Closed2024-01-08
JudgeDistrict Judge Angel Kelley
PlaintiffAmerican Civil Liberties Union of Massachusetts
PlaintiffAmerican Oversight
Case DescriptionThe ACLU of Massachusetts and American Oversight submitted FOIA requests to U.S. Immigration and Customs Enforcement concerning records on the indictment of District Court Judge Shelley Richmond and court officer Wesley MacGregor for allowing an individual to leave the court by the backdoor to avoid being arrested by ICE agents at the front of the court house. The agency acknowledged receipt of the request. The agency then told the ACLU of Massachusetts and American Oversight that it could not release records on Richmond and MacGregor without a third-party authorization. After hearing nothing further from the agency, the ACLU of Massachusetts and American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantImmigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [48]
Opinion/Order [86]
FOIA Project Annotation: A federal court in Massachusetts has ruled that U.S. Immigration and Customs Enforcement failed to conduct an adequate search for records concerning the indictment of a Massachusetts trial court judge and a court officer for obstruction of justice and obstruction of a judicial proceeding for allowing a criminal defendant to evade an ICE officer by permitting the defendant to leave the Newton District Court through the court's rear entrance in response to FOIA requests from the ACLU of Massachusetts and American Oversight. The plaintiffs requested communications of seven senior ICE officials concerning the judge, the court officer, and the events leading up to their indictment. ICE told the plaintiffs that they would need to get the authorization of the judge and court officer in order to allow ICE to search for personally identifying information. The ACLU of Massachusetts and American Oversight appealed, arguing that under the circumstances, the requested records could not be considered as part of a system of records protected by the Privacy Act. ICE then agreed to search four offices â€" the Office of the Chief Information Officer, the Office of Enforcement and Removal Operations, the Office of the Executive Secretariat, and the Office of the Chief of Staff. The four searches yielded a total of 66 pages from OCIO. After finding several other responsive documents, ICE disclosed 85 pages with exemptions, particularly Exemption 7 (A) (interference with ongoing investigation or proceeding), redacting a total of eight pages. The plaintiffs argued that ICE's search terms were too narrow â€" using just the judge's and court's full and proper names. Judge Angel Kelly agreed with the plaintiffs, noting that "plaintiffs' request seeks all communications of seven ICE custodians concerning the judge and the events at the Newton courthouse. . . ICE has not provided sufficient evidentiary support for its positions that terms 'Judge Joseph,' 'Judger Shelly M. Richmond-Joseph' and 'Newton District Court' were sufficient to reasonably comply with the Request, and its explanation for the rejection of Plaintiffs' two Boolean terms is unpersuasive. The Boolean connector searches Plaintiffs propose â€" 'judge' w/5 'Newton' and 'court' w/5 'Newton' â€" are sufficiently distinct from the terms ICE employed to reasonably capture documents that were not captured by ICE's terms." Kelly indicated that "it is unreasonable to expect that the ICE custodians would have referred to the judge and the court by their proper titles in all references, and Plaintiffs' proposed Boolean searches are reasonably tailored to return documents responsive to their Requests." Turning to the agency's Exemption 7(A) claims, Kelly found they were appropriate.
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-101COMPLAINT against Immigration and Customs Enforcement Filing fee: $ 402, receipt number 0101-8766115 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union of Massachusetts, American Oversight. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Category Form)(Oehlke, Krista) (Entered: 05/10/2021)
2021-05-102NOTICE of Appearance by Daniel L. McFadden on behalf of American Civil Liberties Union of Massachusetts (McFadden, Daniel) (Entered: 05/10/2021)
2021-05-103ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) (Entered: 05/10/2021)
2021-05-104Summons Issued as to Immigration and Customs Enforcement. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) (Entered: 05/10/2021)
2021-05-105CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union of Massachusetts. (Oehlke, Krista) (Entered: 05/10/2021)
2021-05-106NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union of Massachusetts (Segal, Matthew) (Entered: 05/10/2021)
2021-05-107NOTICE of Appearance by Katherine M. Anthony on behalf of American Oversight (Anthony, Katherine) (Entered: 05/10/2021)
2021-05-108CORPORATE DISCLOSURE STATEMENT by American Oversight. (Anthony, Katherine) (Entered: 05/10/2021)
2021-05-139AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts. Acknowledgement filed by American Civil Liberties Union of Massachusetts. (Oehlke, Krista) (Entered: 05/13/2021)
2021-05-1310AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts. Acknowledgement filed by American Civil Liberties Union of Massachusetts. (Oehlke, Krista) (Entered: 05/13/2021)
2021-05-1711SUMMONS Returned Executed as to US Attorney by American Civil Liberties Union of Massachusetts. Immigration and Customs Enforcement served on 5/17/2021, answer due 7/16/2021. (Oehlke, Krista) (Entered: 05/17/2021)
2021-05-1912NOTICE of Appearance by Michael P. Sady on behalf of Immigration and Customs Enforcement (Sady, Michael) (Entered: 05/19/2021)
2021-06-1713ANSWER to 1 Complaint, by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 06/17/2021)
2021-06-2214NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 7/27/2021 11:00 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 06/22/2021)
2021-07-2015CERTIFICATION pursuant to Local Rule 16.1 . (Oehlke, Krista) (Entered: 07/20/2021)
2021-07-2016CERTIFICATION pursuant to Local Rule 16.1 . (Sady, Michael) (Entered: 07/20/2021)
2021-07-2017CERTIFICATION pursuant to Local Rule 16.1 . (Anthony, Katherine) (Entered: 07/20/2021)
2021-07-2018Joint JOINT STATEMENT of counsel . (Sady, Michael) (Entered: 07/20/2021)
2021-07-2719Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 7/27/2021. Joint Statement can be adopted as the order of the Court, however, Summary Judgment hearings are only scheduled as deemed necessary by the Court. If a hearing is necessary, it will be held in January, 2022 on a date convenient for the Court. (Court Reporter: No Court Reporter Used.)(Attorneys present: Oehilke, McFadden, Anthony, Sady) (Lima, Christine) (Entered: 07/28/2021)
2021-10-1920ELECTRONIC NOTICE of Reassignment. District Judge Angel Kelley added. Judge Nathaniel M. Gorton no longer assigned to case. (Danieli, Chris) (Entered: 10/19/2021)
2021-10-2221Assented to MOTION to Continue scheduling dates to forty-five (45) days by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 10/22/2021)
2021-10-2922District Judge Angel Kelley: ELECTRONIC ORDER entered re 21 Assented to MOTION to Continue. The Motion to Continue Scheduling Order Deadlines is GRANTED. Defendant shall file its motion for summary judgment, including a Vaughn index , by December 10, 2021. Plaintiffs shall file their opposition to Defendant's motion for summary judgment and any cross-motion for summary judgment by January 7, 2022. Defendant shall file its reply and cross-opposition by January 21, 2022. Plaintiffs shall file their cross-reply by February 4, 2022. (Pacho, Arnold) (Entered: 10/29/2021)
2021-12-1023Assented to MOTION for Extension of Time to 12/13/21 to File Motion for Summary Judgment by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 12/10/2021)
2021-12-1024District Judge Angel Kelley: ELECTRONIC ORDER entered granting 23 Defendant's Assented-to Motion for Extension of Time. Motion for Summary Judgment shall be filed by December 13, 2021. All other deadlines previously set at Dkt. No. 22 remain in effect. (Lara, Miguel) (Entered: 12/10/2021)
2021-12-1425MOTION for Summary Judgment by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 12/14/2021)
2021-12-1426MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Immigration and Customs Enforcement. (Sady, Michael) (Entered: 12/14/2021)
2021-12-1427Statement of Material Facts L.R. 56.1 re 25 MOTION for Summary Judgment filed by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sady, Michael) (Entered: 12/14/2021)
2022-01-0528MOTION for Extension of Time to 1/11/22 to file its Cross-Motion for Summary Judgment and Opposition to Defendants Motion for Summary Judgment by American Civil Liberties Union of Massachusetts, American Oversight.(Oehlke, Krista) (Entered: 01/05/2022)
2022-01-0629District Judge Angel Kelley: ELECTRONIC ORDER entered granting 28 Assented-to Motion for Extension of Time to File Response/Reply re 25 MOTION for Summary Judgment. Responses due by 1/11/2022. (Lara, Miguel) (Entered: 01/06/2022)
2022-01-1130Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, American Oversight.(Oehlke, Krista) (Entered: 01/11/2022)
2022-01-1131MEMORANDUM in Opposition re 25 MOTION for Summary Judgment and in Support of Cross Motion for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight. (Oehlke, Krista) (Main Document 31 replaced on 1/12/2022 at request of plaintiff and assent of defendant, to correct citations and table of contents. NEF regenerated to all parties.) (Lara, Miguel). (Entered: 01/11/2022)
2022-01-1132Statement of Material Facts L.R. 56.1 re 30 Cross MOTION for Summary Judgment , 25 MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight. (Oehlke, Krista) (Entered: 01/11/2022)
2022-01-1133DECLARATION re 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, American Oversight. (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 Errata K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Oehlke, Krista) (Entered: 01/11/2022)
2022-01-2534Assented to MOTION for Extension of Time to Extend Scheduling Order Deadlines by Immigration and Customs Enforcement.(Sady, Michael) Modified on 1/26/2022 to change ECF event. (Lara, Miguel). (Entered: 01/25/2022)
2022-01-2635District Judge Angel Kelley: ELECTRONIC ORDER entered granting 34 Assented-to Motion for Extension of Time to File Response/Reply re 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment. Defendant's Reply and Cross-Opposition shall be filed on or before February 14, 2022. Plaintiff's Cross-Reply shall be filed on or before February 28, 2022. (Lara, Miguel) (Entered: 01/26/2022)
2022-02-1136NOTICE of Change of Address or Firm Name by Krista Oehlke (Oehlke, Krista) (Entered: 02/11/2022)
2022-02-1437REPLY and CROSS OPPOSITION to Response to 30 Cross MOTION for Summary Judgment filed by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sady, Michael) Modified on 2/16/2022 (Lara, Miguel). (Entered: 02/14/2022)
2022-02-1438Statement of Material Facts L.R. 56.1 re 30 Cross MOTION for Summary Judgment Defendant's Response to Plaintiff's Statement of Material Facts filed by Immigration and Customs Enforcement. (Sady, Michael) (Entered: 02/14/2022)
2022-02-2839REPLY to Response to 30 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight. (Oehlke, Krista) (Entered: 02/28/2022)
2022-03-0140ELECTRONIC NOTICE issued requesting courtesy copy for 39 Reply to Response to Motion, 38 Statement of Material Facts L.R. 56.1, 32 Statement of Material Facts L.R. 56.1, 37 Reply to Response to Motion, 30 Cross MOTION for Summary Judgment , 31 Memorandum in Opposition to Motion, 26 Memorandum in Support of Motion, 27 Statement of Material Facts L.R. 56.1, 33 Declaration,, 25 MOTION for Summary Judgment . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 3/9/2022. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lara, Miguel) (Entered: 03/01/2022)
2022-03-2341ELECTRONIC NOTICE Setting Hearing on Motions: 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment : Motion Hearing set for 4/27/2022 02:30 PM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 03/23/2022)
2022-04-1142NOTICE of Appearance by Thomas E. Kanwit on behalf of Immigration and Customs Enforcement (Kanwit, Thomas) (Entered: 04/11/2022)
2022-04-1143NOTICE of Withdrawal of Appearance by Michael P. Sady (Sady, Michael) (Entered: 04/11/2022)
2022-04-1244ELECTRONIC NOTICE Resetting Hearing on re 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment : Motion Hearing set for 4/26/2022 11:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 04/12/2022)
2022-04-2645Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Motion Hearing held on 4/26/2022 re 30 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight, 25 MOTION for Summary Judgment filed by Immigration and Customs Enforcement. Case called. The Court hears oral argument on the pending motions and takes the matters under advisement. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Krista Oehlke and Daniel McFadden for ACLU; Katherine M. Anthony for American Oversight; AUSA Kanwit for Government) (Lara, Miguel) (Entered: 04/26/2022)
2022-04-2646District Judge Angel Kelley: ELECTRONIC ORDER entered. Per counsel's representation at oral argument today, there is ambiguity as to the scope of the parties' disagreement concerning Defendant's invocation of FOIA Exemptions 5 and 7(E). By May 6, 2022 , the parties shall meet and confer, and submit a statement to the Court on the scope of this issue and what, if any, relief the parties request. (Lara, Miguel) (Entered: 04/26/2022)
2022-05-0447JOINT STATEMENT of counsel . (Oehlke, Krista) (Entered: 05/04/2022)
2022-06-0348District Judge Angel Kelley: MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT entered. The 25 30 cross-motions are DENIED without prejudice for the reasons stated in the attached Memorandum and Order. Defendant shall respond to this Order by July 18, 2022. (Lara, Miguel) (Entered: 06/03/2022)
2022-06-1349Transcript of Motion Hearing held on April 26, 2022, before Judge Angel Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kristin Kelley at kmob929@gmail.com. Redaction Request due 7/5/2022. Redacted Transcript Deadline set for 7/14/2022. Release of Transcript Restriction set for 9/12/2022. (Coppola, Katelyn) (Entered: 06/17/2022)
2022-06-1350NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/caseinfo/transcripts.htm (Coppola, Katelyn) (Entered: 06/17/2022)
2022-07-1451Assented to MOTION for Extension of Time to File by Immigration and Customs Enforcement.(Kanwit, Thomas) (Entered: 07/14/2022)
2022-07-1552District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 51 Assented to MOTION for Extension of Time. (Pacho, Arnold) (Entered: 07/15/2022)
2022-08-1853DISREGARD ENTRY. AFFIDAVIT by Immigration and Customs Enforcement. (Kanwit, Thomas) Modified on 8/19/2022 to strike erroneous filing per Order, [Dkt. # 57]. (Pacho, Arnold). (Entered: 08/18/2022)
2022-08-1854MOTION to Withdraw Incomplete Filing by Immigration and Customs Enforcement.(Kanwit, Thomas) (Entered: 08/18/2022)
2022-08-1855AFFIDAVIT , Supplemental, of Schurkamp by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kanwit, Thomas) (Entered: 08/18/2022)
2022-08-1856AFFIDAVIT of Richard Clark/ICE by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Kanwit, Thomas) (Entered: 08/18/2022)
2022-08-1957District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 54 Motion to Strike 53 Affidavit. Erroneous filing stricken from the record. (Pacho, Arnold) (Entered: 08/19/2022)
2022-08-2258Emergency MOTION to Preserve Evidence on Government-Issued Mobile Electronic Devices (expedited opposition requested by Aug. 24, 2022) by American Civil Liberties Union of Massachusetts, American Oversight.(McFadden, Daniel) (Entered: 08/22/2022)
2022-08-2359District Judge Angel Kelley: ELECTRONIC ORDER entered. Defendant shall file any opposition to 58 Emergency MOTION to Preserve Evidence by August 25, 2022.(Lara, Miguel) (Entered: 08/23/2022)
2022-09-0160District Judge Angel Kelley: ELECTRONIC ORDER entered re Plaintiff's 58 Emergency Motion. The motion is GRANTED as unopposed. The Court has the authority to issue a preservation order, where, as here, it is necessary to preserve Plaintiffs' rights and is not unduly burdensome. See Williams v. Massachusetts Mut. Life Ins. Co. , 226 F.R.D. 144, 147 (D. Mass. 2005). Here, the order is necessary to preserve records Plaintiffs may potentially be entitled to, and is not unduly burdensome because the limited number of devices in question are already within Defendant's possession. Accordingly, it is hereby ORDERED that: a. For the pendency of this litigation and any appeals, Defendant preserve in their present condition all mobile devices, including cellular telephones, within its possession, custody, or control, that were issued at any time by any government agency to Thomas Homan, Matthew Albence, Ronald Vitiello, Thomas Blank, Tracy Short, Jon Feere, and/or Nathalie Asher, without any modification, deletion, or destruction of the data contained therein; and b. Defendant continue its efforts, as described in its supplemental affidavits, to access Mr. Feere's mobile device, and shall submit a status report on or before September 19, 2022, provided that Defendant shall not modify, delete, or destroy any data contained on that device. (Currie, Haley) (Entered: 09/01/2022)
2022-09-0261NOTICE of Withdrawal of Appearance by Krista Oehlke (Oehlke, Krista) (Entered: 09/02/2022)
2022-09-0362MOTION for Reconsideration (Partial) by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1 - Declaration, # 2 Exhibit 2, # 3 Exhibit 3)(Kanwit, Thomas) (Entered: 09/03/2022)
2022-09-0663District Judge Angel Kelley: ELECTRONIC ORDER entered. Plaintiffs shall respond to 62 MOTION for Reconsideration by September 9, 2022. (McManus, Caetlin) (Entered: 09/06/2022)
2022-09-0764Opposition re 62 MOTION for Reconsideration (Partial) filed by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 09/07/2022)
2022-10-0365STATUS REPORT by Immigration and Customs Enforcement. (Kanwit, Thomas) (Entered: 10/03/2022)
2022-10-0566District Judge Angel Kelley: ELECTRONIC ORDER entered. Defendant’s 62 Motion for Partial Reconsideration is GRANTED in part. The Court’s 60 preservation order shall be construed to encompass all mobile devices, including cellular telephones, presently within the possession, custody, or control of ICE that were issued to any of the 7 named persons. It shall not be construed to require ICE to seek discovery from any other agency concerning any device that is not currently within the possession, custody, or control of ICE, nor shall it be construed to exclude any device presently within the possession, custody, or control of ICE that may have been initially issued by another entity. Further, the preservation order, like each of this Court’s other orders in this action, is temporally bounded by the dates indicated in Plaintiffs’ FOIA requests. (Pacho, Arnold) (Entered: 10/05/2022)
2022-10-0567District Judge Angel Kelley: ELECTRONIC ORDER entered. On or before January 13, 2023, the parties shall file a joint status report detailing the status of records production, and whether they are requesting a schedule for further dispositive motions practice. (Pacho, Arnold) (Entered: 10/05/2022)
2022-12-2268MOTION for Discovery by American Civil Liberties Union of Massachusetts, American Oversight.(McFadden, Daniel) (Entered: 12/22/2022)
2022-12-2269MEMORANDUM in Support re 68 MOTION for Discovery filed by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 12/22/2022)
2022-12-2270DECLARATION re 68 MOTION for Discovery of Daniel L. McFadden, Esq. by American Civil Liberties Union of Massachusetts, American Oversight. (Attachments: # 1 Exhibit A)(McFadden, Daniel) (Entered: 12/22/2022)
2023-01-1171District Judge Angel Kelley: ELECTRONIC ORDER entered re 68 MOTION for Discovery. The deadline to oppose Plaintiff’s 68 Motion for Discovery was January 5, 2023. The Court will grant the motion as unopposed unless Defendant files its opposition by January 18, 2023. (Pacho, Arnold) (Entered: 01/11/2023)
2023-01-1172JOINT STATEMENT of counsel . (McFadden, Daniel) (Entered: 01/11/2023)
2023-01-1773Assented to MOTION for Extension of Time to 1/20/23 to File Response/Reply to Motion for Discovery by Immigration and Customs Enforcement.(Kanwit, Thomas) (Entered: 01/17/2023)
2023-01-1874District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 73 Assented to MOTION for Extension of Time to 1/20/23 to File Response to 68 MOTION for Discovery. (Pacho, Arnold) (Entered: 01/18/2023)
2023-01-2075Assented to MOTION for Leave to File Excess Pages by Immigration and Customs Enforcement.(Kanwit, Thomas) (Entered: 01/20/2023)
2023-01-2076District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 75 Motion for Leave to File Excess Pages. (Pacho, Arnold) (Entered: 01/20/2023)
2023-01-2077MEMORANDUM IN OPPOSITION re 68 MOTION for Discovery and RENEWED MOTION FOR SUMMARY JUDGMENT filed by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A Second Supp. Decl. of Clark, # 2 Exhibit B Supp. decl. of Clark, # 3 Exhibit C Orig. decl. of Clark, # 4 Exhibit D Orig. decl. Schurkamp, # 5 Exhibit E Supp. decl. Schurkamp, # 6 Exhibit F Second. supp. decl. Schurkamp, # 7 Exhibit G Decl. of Pineiro)(Kanwit, Thomas) Modified on 2/9/2023 to correct ECF event. (Lara, Miguel). (Entered: 01/20/2023)
2023-02-0678Assented to MOTION for Leave to File Reply Memorandum in support of Renewed Motion for Discovery by American Civil Liberties Union of Massachusetts, American Oversight. (Attachments: # 1 Proposed Reply)(McFadden, Daniel) (Entered: 02/06/2023)
2023-02-0879District Judge Angel Kelley: ELECTRONIC ORDER entered GRANTING 78 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Lara, Miguel) (Entered: 02/08/2023)
2023-02-0880REPLY to Response to 68 MOTION for Discovery filed by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 02/08/2023)
2023-02-0981ELECTRONIC NOTICE Setting Hearing on re 68 MOTION for Discovery , 77 MOTION for Summary Judgment : Motion Hearing set for 3/1/2023 10:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 02/09/2023)
2023-03-0182Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Motion Hearing held on 3/1/2023 re 68 MOTION for Discovery, 77 MOTION for Summary Judgment: Oral argument heard from the parties. Matters taken under advisement. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Daniel McFadden for ALCU, Katherine Anthony for American Oversight; AUSA Kanwit for Gvt.) (Lara, Miguel) (Entered: 03/01/2023)
2023-03-1383Transcript of Motion Hearing held on March 1, 2023, before Judge Angel Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Linda Walsh at lwalshsteno@gmail.com. Redaction Request due 4/3/2023. Redacted Transcript Deadline set for 4/13/2023. Release of Transcript Restriction set for 6/12/2023. (McDonagh, Christina) (Entered: 03/13/2023)
2023-03-1384NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at https://www.mad.uscourts.gov/caseinfo/transcripts.htm (McDonagh, Christina) (Entered: 03/13/2023)
2023-03-2485NOTICE of Withdrawal of Appearance by Matthew Segal (Segal, Matthew) (Entered: 03/24/2023)
2023-05-0886District Judge Angel Kelley: ORDER entered. MEMORANDUM AND ORDER ON PLAINTIFFS’ MOTION FOR DISCOVERY AND DEFENDANT’S MOTION FOR SUMMARY JUDGMENT. For the reasons explained in the attached memorandum, Plaintiffs’ 68 motion for discovery is GRANTED IN PART and DENIED IN PART , and ICE’s 77 motion for summary judgment is DENIED. It is hereby ORDERED that, within 45 days, ICE shall file a supplemental declaration explaining in detail (1) how it searched Nathalie Asher’s mobile device; (2) which applications on that device were searched; and (3) whether it has also searched Asher’s mobile device and any other devices for memoranda or other documents memorializing any communications responsive to the Request. (Pacho, Arnold) (Entered: 05/08/2023)
2023-06-2287AFFIDAVIT by Immigration and Customs Enforcement. (Kanwit, Thomas) (Entered: 06/22/2023)
2023-07-0688ELECTRONIC NOTICE of Hearing: Status Conference set for 7/19/2023 11:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. Should the parties wish to appear by video conference and all parties assent to such change, they may reach out to the Courtroom Deputy Clerk to modify the hearing no later than two business days prior to the scheduled hearing. (Lara, Miguel) (Entered: 07/06/2023)
2023-07-1489NOTICE Resetting a Hearing. This hearing will be conducted by video conference. Counsel of record will receive a video conference invite at the email registered in CM/ECF. If you have technical or compatibility issues with the technology, please notify the courtroom deputy of the session as soon as possible. Access to the hearing will be made available to the media and public. In order to gain access to the hearing, you must sign up at the following address: https://forms.mad.uscourts.gov/courtlist.html . For questions regarding access to hearings, you may refer to the general orders and public notices of the Court available on www.mad.uscourts.gov or contact media@mad.uscourts.gov . Status Conference set for 7/19/2023 11:00 AM in Remote Proceeding : Boston before District Judge Angel Kelley. **HEARING TO PROCEED BY VIDEO CONFERENCE PER ASSENT OF ALL PARTIES** (Lara, Miguel) (Entered: 07/14/2023)
2023-07-1990Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Status Conference held on 7/19/2023 by video conference. Case called. The parties have reported ongoing discussions to resolve the matter and requested to file a further status report updating the Court on the parties' progress. The parties shall file a joint status report on or before September 30, 2023. (Court Reporter: Linda Walsh at lwalshsteno@gmail.com.)(Attorneys present: Daniel McFadden for ACLU, Katherine Anthony for American Oversight, and AUSA Kanwit for Gvt.) (Lara, Miguel) (Entered: 07/19/2023)
2023-09-2991STATUS REPORT by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 09/29/2023)
2023-10-1892District Judge Angel Kelley: ELECTRONIC ORDER entered. The parties shall file a further status report on or before October 31, 2023. (Lara, Miguel) (Entered: 10/18/2023)
2023-10-3193STATUS REPORT by American Civil Liberties Union of Massachusetts, American Oversight. (Anthony, Katherine) (Entered: 10/31/2023)
2023-11-0194District Judge Angel Kelley: ELECTRONIC ORDER entered. The parties shall file a further status report on or before November 14, 2023.(Lara, Miguel) (Entered: 11/01/2023)
2023-11-1495JOINT STATEMENT of counsel . (Anthony, Katherine) (Entered: 11/14/2023)
2023-11-1796District Judge Angel Kelley: ELECTRONIC ORDER entered. The parties shall file a further status report on or before November 29, 2023. (Lara, Miguel) (Entered: 11/17/2023)
2023-11-2997STATUS REPORT (Joint) by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 11/29/2023)
2023-12-1398District Judge Angel Kelley: ELECTRONIC ORDER entered. The parties shall file a further status report on or before January 2, 2024. (Lara, Miguel) (Entered: 12/13/2023)
2024-01-0299STATUS REPORT (Joint) by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 01/02/2024)
2024-01-05100STIPULATION of Dismissal by American Civil Liberties Union of Massachusetts, American Oversight. (McFadden, Daniel) (Entered: 01/05/2024)
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by FOIA Project Staff
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