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Case TitleACLU of NH v. US Customs and Border Protection
DistrictDistrict of New Hampshire
CityConcord
Case Number1:2023cv00282
Date Filed2023-05-22
Date Closed2024-01-30
JudgeJudge Joseph N. Laplante
PlaintiffACLU of NH
Case DescriptionThe American Civil Liberties Union of New Hampshire submitted a FOIA request to U.S. Customs and Border Protection for records concerning CBP apprehensions of undocumented aliens in the Swanson Sector of New Hampshire. The agency acknowledged receipt of the request and told the ACLU that it would not release the records although it cited no exemptions. The ACLU filed an administrative appeal. The agency acknowledged receipt of the appeal but after hearing nothing further from the agency, the ACLU of New Hampshire filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUS Customs and Border Protection
Documents
Docket
Complaint
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Complaint attachment 12
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-05-221NEW CASE/ COMPLAINT Filing fee $ 402, receipt number ANHDC-2381727 filed by American Civil Liberties Union Foundation of New Hampshire. (Attachments: # 1 Exhibit A_FOIA Request, # 2 Exhibit B_CBP FOIA Decision, # 3 Exhibit C_FOIA Appeal, # 4 Exhibit D_CBP Press Release 1, # 5 Exhibit E_CBP Press Release 2, # 6 Exhibit F_Commissioner Quinn Testimony, # 7 Exhibit G_Boston Globe Article, # 8 Exhibit H_Governor Sununu's Letter to Secretary Mayorkas, # 9 Exhibit I_Bill, # 10 Exhibit J_WMUR Article, # 11 Exhibit K_Department of Safety 91-A Request, # 12 Exhibit L_Governor's Office Right to Know Request, # 13 Exhibit M_Governor's Office Response, # 14 Exhibit N_Department of Safety Response 1, # 15 Exhibit O_Department of Safety Response 2, # 16 Civil Cover Sheet, # 17 Summons - Waiver US CBP, # 18 Summons - Waiver Attorney General, # 19 Summons - Waiver USAO - NH)(Kim, SangYeob) (Entered: 05/22/2023)
2023-05-222NOTICE of Attorney Appearance by Henry Klementowicz on behalf of ACLU of NH Attorney Henry Klementowicz added to party ACLU of NH(pty:pla).(Klementowicz, Henry) (Entered: 05/22/2023)
2023-05-223NOTICE of Attorney Appearance by Gilles R. Bissonnette on behalf of ACLU of NH Attorney Gilles R. Bissonnette added to party ACLU of NH(pty:pla).(Bissonnette, Gilles) (Entered: 05/22/2023)
2023-05-22Case assigned to Judge Joseph N. Laplante. The case designation is: 1:23-cv-282-JL. Please show this number with the judge designation on all future pleadings. (ed) (Entered: 05/22/2023)
2023-05-22NOTICE. This case has been designated for Electronic Case Filing. All further submissions shall be filed in compliance with the Administrative Procedures for Electronic Case Filing. Pro se litigants are not required to file electronically and may continue to file documents in paper format. Persons filing electronically are strongly encouraged to complete the interactive training modules available on the courts website. To access these modules, click HERE . (ed) (Entered: 05/22/2023)
2023-05-224Summonses issued electronically as to US Customs and Border Protection. NOTICE: Counsel shall print and serve the summonses and all attachments in accordance with Fed. R. Civ. P. 4. (Attachments: # 1 Notice ECF)(ed) (Entered: 05/22/2023)
2023-06-025Return of Service Executed as to US Customs and Border Protection by ACLU of NH. Served/Mailed on 5/26/2023. Answer Follow Up on 7/28/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Summons - Waiver Ex. A_Proof of Service)(Kim, SangYeob) (Entered: 06/02/2023)
2023-06-076AMENDED COMPLAINT against US Customs and Border Protection filed by ACLU of NH. (Attachments: # 1 Exhibit A_FOIA Request, # 2 Exhibit B_CBP FOIA Decision, # 3 Exhibit C_FOIA Appeal, # 4 Exhibit D_CBP Press Release 1, # 5 Exhibit E_CBP Press Release 2, # 6 Exhibit F_Commissioner Quinn Testimony, # 7 Exhibit G_Boston Globe Article, # 8 Exhibit H_Governor Sununu's Letter to Secretary Mayorkas, # 9 Exhibit I_Bill, # 10 Exhibit J_WMUR Article, # 11 Exhibit K_Department of Safety 91-A Request, # 12 Exhibit L_Governor's Office Right to Know Request, # 13 Exhibit M_Governor's Office Response, # 14 Exhibit N_Department of Safety Response 1, # 15 Exhibit O_Department of Safety Response 2)(Kim, SangYeob) (Entered: 06/07/2023)
2023-06-167Assented to MOTION to Extend Time to Answer to June 30, 2023 filed by US Customs and Border Protection. Attorney Michael T. McCormack added to party US Customs and Border Protection(pty:dft).(McCormack, Michael) (Entered: 06/16/2023)
2023-06-16ENDORSED ORDER granting 7 Motion to Extend Time to Answer to June 30, 2023 re 6 Amended Complaint. Text of Order: The Motion to Extend Time to Answer is granted. For the reasons stated in the motion, the court finds good cause to extend the deadline for issuing the scheduling order pursuant to Fed. R. Civ. P. 16(b). So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 6/30/2023. (jb) (Entered: 06/16/2023)
2023-06-268Assented to MOTION to Extend Time to Answer to July 14, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 06/26/2023)
2023-06-28ENDORSED ORDER granting re 8 Assented to MOTION to Extend Time to Answer to July 14, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Answer Follow Up on 7/14/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) (Entered: 06/28/2023)
2023-07-149MOTION for Summary Judgment filed by US Customs and Border Protection.Follow up on Objection on 8/14/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A- Declaration of Melissa Pansiri)(McCormack, Michael) (Entered: 07/14/2023)
2023-07-1410Assented to MOTION to Continue Answer Deadline filed by US Customs and Border Protection.Follow up on Objection on 7/28/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(McCormack, Michael) (Entered: 07/14/2023)
2023-07-14ENDORSED ORDER granting re 10 Assented to Motion to Continue Answer Deadline. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko) (Entered: 07/17/2023)
2023-08-1011Cross MOTION for Summary Judgment filed by ACLU of NH.Follow up on Objection on 9/11/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memorandum of Law in support of Plaintiff's Motion for Summary Judgment, # 2 Exhibit (Affidavit) Affidavit of Attorney SangYeob Kim, # 3 Exhibit A_FOIA Request, # 4 Exhibit B_FOIA Decisions, # 5 Exhibit C_FOIA Appeal, # 6 Exhibit D_CBP Press Release 1, # 7 Exhibit E_CBP Press Release 2, # 8 Exhibit F_Testimony before US House Committee, # 9 Exhibit G_Boston Globe Article, # 10 Exhibit H_Governor's Letter to Secretary of Homeland Security, # 11 Exhibit I_HB2 Bill, # 12 Exhibit J_WMUR Article, # 13 Exhibit K_91-A Request to State, # 14 Exhibit L_Right to Know to Governor, # 15 Exhibit M_State Response 1, # 16 Exhibit N_State Response 2, # 17 Exhibit O_Governor Response, # 18 Exhibit P_CBP Public Statistics, # 19 Exhibit Q_Twitter, # 20 Exhibit R_Final HB2)(Kim, SangYeob) (Entered: 08/10/2023)
2023-08-1012MEMORANDUM in Opposition re 9 MOTION for Summary Judgment filed by ACLU of NH. Follow up on Reply on 8/17/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law Memorandum of Law in opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit (Affidavit) Affidavit of Attorney SangYeob Kim, # 3 Exhibit A_FOIA Request, # 4 Exhibit B_FOIA Decisions, # 5 Exhibit C_FOIA Appeal, # 6 Exhibit D_CBP Press Release 1, # 7 Exhibit E_CBP Press Release 2, # 8 Exhibit F_Testimony before US House Committee, # 9 Exhibit G_Boston Globe Article, # 10 Exhibit H_Governor's Letter to Secretary of Homeland Security, # 11 Exhibit I_HB2 Bill, # 12 Exhibit J_WMUR Article, # 13 Exhibit K_91-A Request to State, # 14 Exhibit L_Right to Know to Governor, # 15 Exhibit M_State Response 1, # 16 Exhibit N_State Response 2, # 17 Exhibit O_Governor Response, # 18 Exhibit P_CBP Public Statistics, # 19 Exhibit Q_Twitter, # 20 Exhibit R_Final HB2)(Kim, SangYeob) (Entered: 08/10/2023)
2023-08-1113Assented to MOTION to Extend Time to Object/Respond to 12 Memorandum in Opposition to Motion,,,, to September 11, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 08/11/2023)
2023-08-14ENDORSED ORDER granting re Assented to MOTION to Extend Time to Object/Respond to 12 Memorandum in Opposition to Motion to September 11, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Reply on 9/11/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) (Entered: 08/15/2023)
2023-09-0514Assented to MOTION to Extend Time to Object/Respond to 11 Cross MOTION for Summary Judgment , 12 Memorandum in Opposition to Motion,,,, to September 25, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 09/05/2023)
2023-09-06ENDORSED ORDER granting re 14 Assented to Motion to Extend Time to Object/Respond to 11 Cross MOTION for Summary Judgment, 12 Memorandum in Opposition to Motion to September 25, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 9/25/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) (Entered: 09/06/2023)
2023-09-2515Assented to MOTION to Extend Time to Object/Respond to 11 Cross MOTION for Summary Judgment , 12 Memorandum in Opposition to Motion,,,, to September 28, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 09/25/2023)
2023-09-26ENDORSED ORDER granting re 15 Assented to MOTION to Extend Time to Object/Respond to 11 Cross MOTION for Summary Judgment, 12 Memorandum in Opposition to Motion to September 28, 2023 filed by US Customs and Border Protection. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 9/28/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) (Entered: 09/27/2023)
2023-09-2816OBJECTION to 11 Cross MOTION for Summary Judgment filed by US Customs and Border Protection. Follow up on Reply on 10/5/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c). (Attachments: # 1 Memorandum of Law, # 2 Exhibit (Affidavit) A- Declaration of Melissa Pansiri)(McCormack, Michael) (Entered: 09/28/2023)
2023-09-2817REPLY to Objection to Motion re 9 MOTION for Summary Judgment filed by US Customs and Border Protection. Surreply due by 10/3/2023. (Attachments: # 1 Exhibit (Affidavit) A- Declaration of Melissa Pansiri)(McCormack, Michael) (Entered: 09/28/2023)
2023-09-2818Assented to MOTION to Extend Time to File a a Consolidated (i) Reply to Defendants Opposition to Plaintiffs Cross-Motion for Summary Judgment, and (ii) Sur-reply Responding to Defendants Reply to Plaintiffs Opposition to Defendants Motion for Summary Judgement (to October 19, 2023) filed by ACLU of NH.(Bissonnette, Gilles) (Entered: 09/28/2023)
2023-10-02ENDORSED ORDER granting re 18 Assented to MOTION to Extend Time to File a a Consolidated (i) Reply to Defendants Opposition to Plaintiffs Cross-Motion for Summary Judgment, and (ii) Sur-reply Responding to Defendants Reply to Plaintiffs Opposition to Defendants Motion for Summary Judgement (to October 19, 2023) filed by ACLU of NH. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(ko) (Entered: 10/02/2023)
2023-10-1819REPLY to Objection to Motion re 11 Cross MOTION for Summary Judgment filed by ACLU of NH. Surreply due by 10/23/2023. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney SangYeob Kim, # 2 Exhibit S_Example of I-213 & Daily Activity Report, # 3 Exhibit T_Mobile Station (AL) Information, # 4 Exhibit U_Gulfport Station (MS) Information, # 5 Exhibit V_Ramey Station (PR) Information, # 6 Exhibit W_Erie Station (PA) Information)(Kim, SangYeob) (Entered: 10/18/2023)
2023-10-1820SURREPLY to Reply to 9 MOTION for Summary Judgment filed by ACLU of NH. (Attachments: # 1 Exhibit (Affidavit) Affidavit of Attorney SangYeob Kim, # 2 Exhibit S_Example of I-213 & Daily Activity Report, # 3 Exhibit T_Mobile Station (AL) Information, # 4 Exhibit U_Gulfport Station (MS) Information, # 5 Exhibit V_Ramey Station (PR) Information, # 6 Exhibit W_Erie Station (PA) Information)(Kim, SangYeob) (Entered: 10/18/2023)
2023-10-2021Assented to MOTION to Extend Time to October 27, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 10/20/2023)
2023-10-23ENDORSED ORDER granting re 21 Assented to Motion to Extend Time to October 27, 2023 Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. (ko) (Entered: 10/23/2023)
2023-10-23NOTICE of Hearing re: 9 MOTION for Summary Judgment , 11 Cross MOTION for Summary Judgment . Oral Argument set for 1/5/2024 at 10:00 AM before Judge Joseph N. Laplante.(ko) (Entered: 10/23/2023)
2023-10-2722Assented to MOTION to Extend Time to November 13, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 10/27/2023)
2023-10-27ENDORSED ORDER granting re 22 Assented to Motion to Extend Time to November 13, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante. Follow up on Objection on 11/13/2023. The court only follow up date DOES NOT include 3 additional days that may apply per FRCP 6(d) and FRCrP 45(c).(ko) (Entered: 10/27/2023)
2023-11-07NOTICE of Conference. Conference set for 11/17/2023 at 02:00 PM before Judge Joseph N. Laplante.(ko) (Entered: 11/07/2023)
2023-11-1323SURREPLY to Reply to 11 Cross MOTION for Summary Judgment filed by US Customs and Border Protection. (Attachments: # 1 Exhibit (Affidavit) A- Declaration of Brian Lewandowski)(McCormack, Michael) (Entered: 11/13/2023)
2023-11-1524Assented to MOTION for Leave to File Plaintiff's Sur-Sur Reply filed by ACLU of NH. (Attachments: # 1 Memorandum of Law Plaintiff's Sur-Sur Reply, # 2 Exhibit X_AL New Data, # 3 Exhibit Y_MS New Data, # 4 Exhibit Z_PA New Data, # 5 Exhibit (Affidavit) Affidavit of Attorney SangYeob Kim)(Kim, SangYeob) (Entered: 11/15/2023)
2023-11-16ENDORSED ORDER granting re 24 Motion for Leave to File Plaintiff's Sur-Sur Reply. Text of Order: Granted. Within 48 hours counsel shall electronically refile the pleading attached to the Motion for Leave to File using the appropriate event in CMECF. So Ordered by Judge Joseph N. Laplante.(ko) (Entered: 11/16/2023)
2023-11-1725SURREPLY to Reply to 9 MOTION for Summary Judgment , 11 Cross MOTION for Summary Judgment , 24 Assented to MOTION for Leave to File Plaintiff's Sur-Sur Reply filed by ACLU of NH. (Attachments: # 1 Exhibit X_AL New Data, # 2 Exhibit Y_MS New Data, # 3 Exhibit Z_PA New Data, # 4 Exhibit (Affidavit) Affidavit of Attorney SangYeob Kim)(Kim, SangYeob) (Entered: 11/17/2023)
2023-11-17RESCHEDULING NOTICE of Hearing. Status Conference reset for 11/21/2023 at 10:00 AM (from 11/17/2023) before Judge Joseph N. Laplante.(ko) (Entered: 11/17/2023)
2023-11-21Minute Entry for proceedings held before Judge Joseph N. Laplante. STATUS CONFERENCE held on 11/21/2023. Neither party to make any fiings until after the December 5, 2023 status report is filed. Motion hearing on summary judgment motions remain as scheduled for 1/5/2024. (Pltfs Atty: Gilles R. Bissonnette, Henry Klementowicz, SanYeob Kimg) (Defts Atty: Michael T. McCormack)(Total Hearing Time: 8 minutes) (jb) (Entered: 11/21/2023)
2023-12-0526STATUS REPORT by ACLU of NH : Alternative Resolution(Kim, SangYeob) (Entered: 12/05/2023)
2023-12-0827PROCEDURAL ORDER: The government to respond as outlined on or before December 15, 2023. The ACLU shall file any responses within one week. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 12/08/2023)
2023-12-1528Assented to MOTION to Extend Time to Object/Respond to 27 Order to December 19, 2023 filed by US Customs and Border Protection.(McCormack, Michael) (Entered: 12/15/2023)
2023-12-15ENDORSED ORDER granting 28 Assented to MOTION to Extend Time to Object/Respond to 27 Order to December 19, 2023. Text of Order: Granted. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 12/15/2023)
2023-12-1929RESPONSE re 27 Order filed by US Customs and Border Protection. (Attachments: # 1 Exhibit (Affidavit) A-Second Supplemental Declaration of Melissa Pansiri)(McCormack, Michael) (Entered: 12/19/2023)
2023-12-2130SEALED ORDER at Level I. Parties to respond as outlined on or before January 3, 2024. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 12/21/2023)
2023-12-2131RESPONSE re 27 Order, 29 Response (not to Motion) filed by ACLU of NH. (Attachments: # 1 Exhibit AA_14 I-213s, # 2 Exhibit BB_Encounter Data, # 3 Exhibit (Affidavit) Affidavit of SangYeob Kim)(Kim, SangYeob) (Entered: 12/21/2023)
2023-12-26ENDORSED ORDER reviewing 29 Response to 27 Procedural Order and 31 Response to 27 Procedural Order. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(jb) (Entered: 12/26/2023)
2023-12-2832STATUS REPORT by US Customs and Border Protection (McCormack, Michael) (Entered: 12/28/2023)
2023-12-28ENDORSED ORDER re 32 Status Report. Text of Order: Reviewed. Next status report due 2/1/2024. So Ordered by Judge Joseph N. Laplante. (Status Report due by 2/1/2024.) (ko) (Entered: 12/28/2023)
2023-12-28Deadline terminated. Notice of Hearing re Oral Argument scheduled for 01/05/2024 is cancelled per 32 Status Report. (ko) (Entered: 12/28/2023)
2024-01-2633///STIPULATION of Dismissal as to Amended Complaint Without Prejudice by ACLU of NH(Bissonnette, Gilles) (Entered: 01/26/2024)
2024-01-30ENDORSED ORDER re 33 Stipulation of Dismissal as to Amended Complaint Without Prejudice. Text of Order: Reviewed. So Ordered by Judge Joseph N. Laplante.(ko) (Entered: 01/30/2024)
2024-01-30Civil Case Terminated. (ko) (Entered: 01/30/2024)
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