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Case TitleAMERICAN CIVIL LIBERTIES UNION v. U.S. DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2021cv02627
Date Filed2021-10-07
Date Closed2022-06-28
JudgeJudge Timothy J. Kelly
PlaintiffAMERICAN CIVIL LIBERTIES UNION
Case DescriptionThe American Civil Liberties Union submitted a FOIA request to the Department of Homeland Security for records concerning the treatment of four named individuals who had died while in the custody of U.S. Immigration and Customs Enforcement. The ACLU also requested expedited processing. The agency acknowledged receipt of the request and denied the ACLU's request for expedited processing and told the ACLU that it was being placed in the media requester fee category. After hearing nothing from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF HOMELAND SECURITY
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY
DefendantDEPARTMENT OF HOMELAND SECURITY
DefendantUS DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL
DefendantU.S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL
DefendantUS IMMIGRATION AND CUSTOMS ENFORCEMENT
DefendantU.S. IMMIGRATION 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-071COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-8787874) filed by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Esbrook, Leslie) (Entered: 10/07/2021)
2021-10-072LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by AMERICAN CIVIL LIBERTIES UNION (Esbrook, Leslie) (Entered: 10/07/2021)
2021-10-073NOTICE of Appearance by Leslie Esbrook on behalf of AMERICAN CIVIL LIBERTIES UNION (Esbrook, Leslie) (Entered: 10/07/2021)
2021-10-084NOTICE of Appearance by Arthur B. Spitzer on behalf of AMERICAN CIVIL LIBERTIES UNION (Spitzer, Arthur) (Entered: 10/08/2021)
2021-10-12Case Assigned to Judge Timothy J. Kelly. (zsb) (Entered: 10/12/2021)
2021-10-125SUMMONS (5) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zsb) (Entered: 10/12/2021)
2021-10-126MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Eunice Cho, Filing fee $ 100, receipt number ADCDC-8794104. Fee Status: Fee Paid. by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Declaration of Eunice Cho, # 2 Text of Proposed Order)(Spitzer, Arthur) (Entered: 10/12/2021)
2021-10-13MINUTE ORDER granting Plaintiff's 6 Motion for Admission of Eunice Cho Pro Hac Vice . Attorney Eunice H. Cho is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions . Signed by Judge Timothy J. Kelly on 10/13/2021. (lctjk2) (Entered: 10/13/2021)
2021-10-267NOTICE of Appearance by Eunice Hyunhye Cho on behalf of AMERICAN CIVIL LIBERTIES UNION (Cho, Eunice) (Entered: 10/26/2021)
2021-10-268RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF HOMELAND SECURITY served on 10/18/2021; U.S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL served on 10/18/2021; U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT served on 10/18/2021, RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/18/2021., RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/12/2021. ( Answer due for ALL FEDERAL DEFENDANTS by 11/11/2021.) (Esbrook, Leslie) (Entered: 10/26/2021)
2021-11-019NOTICE of Appearance by Sean Michael Tepe on behalf of All Defendants (Tepe, Sean) (Entered: 11/01/2021)
2021-11-0210NOTICE of Appearance by Alison C. Barnes on behalf of AMERICAN CIVIL LIBERTIES UNION (Barnes, Alison) (Entered: 11/02/2021)
2021-11-0311Consent MOTION for Extension of Time to File Answer or Otherwise Respond by U.S. DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 11/03/2021)
2021-11-04MINUTE ORDER granting 11 Defendants' Consent Motion for Extension of Time to Answer or Otherwise Respond to Complaint. It is hereby ORDERED, for good cause shown, that Defendants' 11 Consent Motion is GRANTED. It is further ORDERED that Defendants shall answer or otherwise respond to Plaintiff's 1 Complaint by December 13, 2021. Signed by Judge Timothy J. Kelly on 11/04/2021. (lctjk2) (Entered: 11/04/2021)
2021-12-1312MOTION to Dismiss by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Tepe, Sean) (Entered: 12/13/2021)
2021-12-1513Consent MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Text of Proposed Order)(Esbrook, Leslie) (Entered: 12/15/2021)
2021-12-17MINUTE ORDER granting Plaintiff's 13 Consent Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. It is hereby ORDERED, for good cause shown, that Plaintiff's 13 Consent Motion is GRANTED. It is further ORDERED that Plaintiff shall file its response to Defendants' motion to dismiss by January 6, 2022. Signed by Judge Timothy J. Kelly on 12/17/2021. (lctjk2) (Entered: 12/17/2021)
2022-01-0514Memorandum in opposition to re 12 MOTION to Dismiss filed by AMERICAN CIVIL LIBERTIES UNION. (Attachments: # 1 Text of Proposed Order)(Esbrook, Leslie) (Entered: 01/05/2022)
2022-01-0615Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION to Dismiss by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 01/06/2022)
2022-01-10MINUTE ORDER granting Defendants' 15 Unopposed Motion to Extend Reply Deadline. It is hereby ORDERED, for good cause shown, that Defendants' 15 Unopposed Motion is GRANTED. It is further ORDERED that Defendants shall file their reply in support of their motion to dismiss by January 21, 2022. Signed by Judge Timothy J. Kelly on 01/10/2022. (lctjk2) (Entered: 01/10/2022)
2022-01-2116REPLY to opposition to motion re 12 MOTION to Dismiss filed by DEPARTMENT OF HOMELAND SECURITY, U.S. DEPARTMENT OF HOMELAND SECURITY OFFICE OF INSPECTOR GENERAL, U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT. (Tepe, Sean) (Entered: 01/21/2022)
2022-06-2817NOTICE of Voluntary Dismissal by AMERICAN CIVIL LIBERTIES UNION (Esbrook, Leslie) (Entered: 06/28/2022)
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