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Case TitleAmerican Civil Liberties Union of Massachusetts v. U.S. Department of Homeland Security et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2019cv10291
Date Filed2019-02-15
Date Closed2019-05-17
JudgeJudge William G. Young
PlaintiffAmerican Civil Liberties Union of Massachusetts
Case DescriptionThe ACLU of Massachusetts submitted a FOIA request to the Department of Homeland Security for records concerning a contract to build 115-miles of border wall announced by President Trump in December 2018. ACLUM also requested a fee waiver. The agency acknowledged receipt of the request but told ACLUM that it could not search for the request without a contract number. The ACLUM told DHS that it was unable to locate a contract number. The request was then referred to U.S. Customs and Border Protection. After hearing nothing further from the agency, ACLUM filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
User-contributed Documents
 011 Status Report + Exhibits A-D
014 Transcript of 2/27/19 Conference
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-151COMPLAINT against All Defendants Filing fee: $ 400, receipt number 0101-7542095 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union of Massachusetts. (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 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Civil Cover Sheet, # 17 Civil Cover Sheet Category Form)(Kennedy, Alycia) (Entered: 02/15/2019)
2019-02-152ELECTRONIC NOTICE of Case Assignment. Judge William G. Young 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 Judith G. Dein. (Finn, Mary) (Entered: 02/15/2019)
2019-02-153Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security. 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. (Halley, Taylor) (Entered: 02/15/2019)
2019-02-154NOTICE of Appearance by Daniel L. McFadden on behalf of American Civil Liberties Union of Massachusetts (McFadden, Daniel) (Entered: 02/15/2019)
2019-02-195ELECTRONIC NOTICE of Hearing. Status Conference set for 2/27/2019 10:00 AM in Courtroom 18 before Judge William G. Young. Due to the request of the plaintiff for expedition of this matter, counsel for the plaintiff shall notify counsel for the defendants of this hearing. (Gaudet, Jennifer) (Entered: 02/19/2019)
2019-02-196SUMMONS Returned Executed U.S. Customs and Border Protection served on 2/19/2019, answer due 3/12/2019; U.S. Department of Homeland Security served on 2/19/2019, answer due 3/12/2019. (Kennedy, Alycia) (Entered: 02/19/2019)
2019-02-197AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts. Acknowledgement filed by American Civil Liberties Union of Massachusetts. (Kennedy, Alycia) (Entered: 02/19/2019)
2019-02-198NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union of Massachusetts (Segal, Matthew) (Entered: 02/19/2019)
2019-02-199SUMMONS Returned Executed as to US Attorney served on 2/19/2019, answer due 4/22/2019 by American Civil Liberties Union of Massachusetts. (Paine, Matthew) (Entered: 02/20/2019)
2019-02-2010Notice of correction to docket made by Court staff. Correction: Docket Entry 6 Summons Returned Executed as to the Office of US Attorney Corrected Because: Counsel Kennedy Filed The Summons Returned Executed Under The Wrong Event in CM/ECF. The Summons Was Re-Docketed As ECF No. 9 and the Answer Deadlines Corrected. (Paine, Matthew) (Entered: 02/20/2019)
2019-02-2511STATUS REPORT by American Civil Liberties Union of Massachusetts. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(McFadden, Daniel) (Entered: 02/25/2019)
2019-02-2612NOTICE of Appearance by Peter Bryce on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bryce, Peter) (Entered: 02/26/2019)
2019-02-2713Electronic Clerk's Notes for proceedings held before Judge William G. Young: Status Conference held on 2/27/2019. The Court denies plaintiff's request for expedition and orders the case proceed in ordinary course. (Court Reporter: Richard Romanow at bulldog@richromanow.com.)(Attorneys present: Attorney McFadden and Kennedy for the plaintiffs and Attorneys Bryce and Sady for the government) (Gaudet, Jennifer) (Entered: 02/28/2019)
2019-02-2814Transcript of Status Conference held on February 27, 2019, before Judge William G. Young. 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: Richard Romanow at bulldog@richromanow.com Redaction Request due 3/21/2019. Redacted Transcript Deadline set for 4/1/2019. Release of Transcript Restriction set for 5/29/2019. (Scalfani, Deborah) (Entered: 02/28/2019)
2019-02-2815NOTICE 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/attorneys/general-info.htm (Scalfani, Deborah) (Entered: 02/28/2019)
2019-03-2116ANSWER to 1 Complaint,, by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Bryce, Peter) (Entered: 03/21/2019)
2019-03-2717STATUS REPORT Joint Status Report by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Bryce, Peter) (Entered: 03/27/2019)
2019-03-2818NOTICE of Scheduling Conference. Scheduling Conference set for 5/6/2019 02:00 PM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 03/28/2019)
2019-04-2919Joint MOTION to Stay Case for 30 Days and Adjourn Scheduling Conference by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Bryce, Peter) (Entered: 04/29/2019)
2019-04-2920CERTIFICATION pursuant to Local Rule 16.1 . (McFadden, Daniel) (Entered: 04/29/2019)
2019-05-0621ELECTRONIC NOTICE Canceling Hearing. The scheduling conference set for 5/6/2019 at 2:00 PM is hereby canceled. The case is placed on the running trial list for September 2019. Counsel shall file a joint proposed case management schedule within two weeks. If the case were to settle or resolve, counsel are instructed to notify the clerk. (Gaudet, Jennifer) (Entered: 05/06/2019)
2019-05-0622Set/Reset Hearings: Ready for Trial on 9/3/2019 09:00 AM in Courtroom 18 before Judge William G. Young. (Gaudet, Jennifer) (Entered: 05/06/2019)
2019-05-0623Judge William G. Young: ELECTRONIC ORDER entered granting in part and denying in part 19 Motion to Stay Case for 30 Days and Adjourn Scheduling Conference by U.S. Customs and Border Protection, U.S. Department of Homeland Security. The motion to stay is denied, scheduling conference has been canceled. (Gaudet, Jennifer) (Entered: 05/06/2019)
2019-05-1624STIPULATION of Dismissal by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Bryce, Peter) (Entered: 05/16/2019)
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by FOIA Project Staff
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