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Case TitleNational Immigration Project of the National Lawyers Guild et al v. Homeland Security, Department of et al
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2015cv11583
Date Filed2015-04-13
Date Closed2017-08-15
JudgeJudge Nathaniel M. Gorton
PlaintiffNational Immigration Project of the National Lawyers Guild
PlaintiffACLU ("American Civil Liberties Union")
Case DescriptionThe National Immigration Project of the National Lawyers Guild and the ACLU submitted a FOIA request to the Department of Homeland Security for records concerning the use of reinstatement orders as a method of removal of immigrants subject to removal proceedings. The request asked for expedited processing and a fee waiver. U.S. Citizenship and Immigration Services granted the fee waiver request, but denied the request for expedited processing. DHS responded with two Internet links and indicated the request had been referred to USCIS and Immigration and Customs Enforcement for further response. The requesters appealed the decision. The agency upheld the DHS response and indicated that since USCIS and ICE had not yet responded there had been no denial of records. USCIS subsequently responded with 121 pages. After hearing nothing further from the agency, the requesters filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantHomeland Security, Department of
DefendantU.S. Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-04-131COMPLAINT FOR INJUNCTIVE RELIEF against U.S. Immigration & Customs Enforcement, Homeland Security, Department of Filing fee: $ 400, receipt number 0101-5509811 (Fee Status: Filing Fee paid), filed by ACLU, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Civil Cover Sheet, # 2 Category Form)(Antoszyk, Peter) (Entered: 04/13/2015)
2015-04-132CORPORATE DISCLOSURE STATEMENT by ACLU. (Antoszyk, Peter) (Entered: 04/13/2015)
2015-04-133CORPORATE DISCLOSURE STATEMENT by National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 04/13/2015)
2015-04-134MOTION for Leave to Appear Pro Hac Vice for admission of John E. Roberts Filing fee: $ 100, receipt number 0101-5509863 by ACLU, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Declaration of John E. Roberts)(Antoszyk, Peter) (Entered: 04/13/2015)
2015-04-135MOTION for Leave to Appear Pro Hac Vice for admission of Trina Realmuto Filing fee: $ 100, receipt number 0101-5509886 by ACLU, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Declaration of Trina Realmuto)(Antoszyk, Peter) (Entered: 04/13/2015)
2015-04-136NOTICE of Appearance by William D. Dalsen on behalf of ACLU, National Immigration Project of the National Lawyers Guild (Dalsen, William) (Entered: 04/13/2015)
2015-04-137ELECTRONIC 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 Donald L. Cabell. (Abaid, Kimberly) (Entered: 04/13/2015)
2015-04-138Summons Issued as to Homeland Security, Department of, U.S. Immigration & 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. (Montes, Mariliz) (Entered: 04/13/2015)
2015-04-139NOTICE of Appearance by Adriana Lafaille on behalf of ACLU, National Immigration Project of the National Lawyers Guild (Lafaille, Adriana) (Entered: 04/13/2015)
2015-04-1310NOTICE of Appearance by Matthew Segal on behalf of ACLU, National Immigration Project of the National Lawyers Guild (Segal, Matthew) (Entered: 04/13/2015)
2015-04-1311NOTICE of Appearance by Laura Rotolo on behalf of ACLU, National Immigration Project of the National Lawyers Guild (Rotolo, Laura) (Entered: 04/13/2015)
2015-04-1412NOTICE of Appearance by Laura E. Stafford on behalf of ACLU, National Immigration Project of the National Lawyers Guild (Stafford, Laura) (Entered: 04/14/2015)
2015-04-1613Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 4 Motion for Leave to Appear Pro Hac Vice Added John E. Roberts. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Danieli, Chris) (Entered: 04/16/2015)
2015-04-1614Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 5 Motion for Leave to Appear Pro Hac Vice Added Trina Realmuto. Attorneys admitted Pro Hac Vice must register for electronic filing if the attorney does not already have an ECF account in this district. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Danieli, Chris) (Entered: 04/16/2015)
2015-04-2215APPENDIX/EXHIBIT re 1 Complaint, by ACLU, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Exhibit 1 to Complaint, # 2 Exhibit 2 to Complaint, # 3 Exhibit 3 to Complaint, # 4 Exhibit 4 to Complaint, # 5 Exhibit 5 to Complaint, # 6 Exhibit 6 to Complaint, # 7 Exhibit 7 to Complaint)(Antoszyk, Peter) (Entered: 04/22/2015)
2015-05-0416NOTICE of Appearance by Christine J. Wichers on behalf of Homeland Security, Department of, U.S. Immigration & Customs Enforcement (Wichers, Christine) (Entered: 05/04/2015)
2015-05-0517SUMMONS Returned Executed as to US Attorney by National Immigration Project of the National Lawyers Guild, ACLU. Homeland Security, Department of served on 4/15/2015, answer due 6/15/2015; U.S. Immigration & Customs Enforcement served on 4/15/2015, answer due 6/15/2015. (Dalsen, William) (Entered: 05/05/2015)
2015-05-0518AFFIDAVIT OF SERVICE Executed by National Immigration Project of the National Lawyers Guild, ACLU. Acknowledgement filed by National Immigration Project of the National Lawyers Guild, ACLU. (Dalsen, William) (Entered: 05/05/2015)
2015-05-1519ANSWER to 1 Complaint, by Homeland Security, Department of.(Wichers, Christine) (Entered: 05/15/2015)
2015-05-1520MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by U.S. Immigration & Customs Enforcement.(Wichers, Christine) (Entered: 05/15/2015)
2015-05-1521MEMORANDUM in Support re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by U.S. Immigration & Customs Enforcement. (Attachments: # 1 Exhibit A: Declaration of Fernando Pineiro)(Wichers, Christine) (Entered: 05/15/2015)
2015-05-2922Opposition re 20 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by ACLU, National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 05/29/2015)
2015-07-1323Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered denying without prejudice 20 Motion to Dismiss for Failure to State a Claim. Defendant is directed to respond to plaintiffs FOIA request on or before Friday, August 14, 2015. (Patch, Christine) (Entered: 07/13/2015)
2015-09-1024Set/Reset Deadlines: Status Report due by 9/24/2015 (Danieli, Chris) (Entered: 09/10/2015)
2015-09-2425STATUS REPORT - Joint Status Report by ACLU, National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 09/24/2015)
2016-01-1126NOTICE of Scheduling Conference Scheduling Conference set for 2/17/2016 03:00 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 01/11/2016)
2016-01-1227ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 2/19/2016 02:45 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 01/12/2016)
2016-01-1528ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 2/29/2016 02:45 PM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 01/15/2016)
2016-02-0429ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 3/1/2016 10:45 AM in Courtroom 4 before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 02/04/2016)
2016-02-1830CERTIFICATION pursuant to Local Rule 16.1 . (Wichers, Christine) (Entered: 02/18/2016)
2016-02-2231JOINT STATEMENT re scheduling conference Pursuant to Local Rule 16.1(d) . (Antoszyk, Peter) (Entered: 02/22/2016)
2016-02-2232CERTIFICATION pursuant to Local Rule 16.1 of Plaintiff ACLU . (Dalsen, William) (Entered: 02/22/2016)
2016-02-2233CERTIFICATION pursuant to Local Rule 16.1 of NIPNLG . (Dalsen, William) (Entered: 02/22/2016)
2016-03-0134Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held on 3/1/2016. Court will allow a 3 month extension of time to complete production of documents. Discovery to be completed by 7/31/2016. Plaintiffs' Motion for Summary Judgment due by 9/30/2016, Defendants' opposition and Cross Motion for Summary Judgment due by 10/31/16, Plaintiffs' opposition to the Cross Motion due by 11/30/16, replies (only with leave of Court), if any, due by 12/15/16. (Court Reporter: No Court Reporter Used.)(Attorneys present: Roberts, Wichers) (Lima, Christine) (Entered: 03/02/2016)
2016-03-0235CERTIFICATION pursuant to Local Rule 16.1 . (Dalsen, William) (Entered: 03/02/2016)
2016-08-3136Joint MOTION to Modify Briefing schedule by Homeland Security, Department of, U.S. Immigration & Customs Enforcement.(Wichers, Christine) (Entered: 08/31/2016)
2016-09-0137Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 36 JOINT Motion Modify Briefing schedule (Caruso, Stephanie) (Entered: 09/01/2016)
2016-09-0138Set/Reset Deadlines: Plaintiffs summary judgment motion due by 10/31/2016; Defendants oppositions, and cross-motions for summary judgment due by 11/30/2016; Plaintiffs oppositions to Defendants cross-motions for summary judgment due by 12/30/2016; Replies (only with leave of Court), if any due by 1/16/2017 (Caruso, Stephanie) Modified on 9/1/2016 (Caruso, Stephanie). (Entered: 09/01/2016)
2016-10-2439Assented to MOTION for Extension of Time to Summary Judgment Briefing Schedule by ACLU, National Immigration Project of the National Lawyers Guild.(Antoszyk, Peter) (Entered: 10/24/2016)
2016-10-2540Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 39 Motion for Extension of Time of Summary Judgment Briefing Schedule Plaintiffs summary judgment motion due by 12/15/2016; Defendants oppositions and cross-motions for summary judgment due by 1/17/2017; Plaintiffs oppositions to Defendants cross-motions for summary judgment due by 2/15/2017; Replies (only with leave of Court), if any due by 2/28/2017 (Caruso, Stephanie) (Entered: 10/25/2016)
2016-12-0841Joint MOTION for Extension of Time to Summary Judgment Briefing Schedule by ACLU, National Immigration Project of the National Lawyers Guild.(Antoszyk, Peter) (Entered: 12/08/2016)
2016-12-0942Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 41 Motion for Extension of Time Plaintiffs summary judgment motion due by 1/13/2017; Defendants oppositions and cross-motions for summary judgment due by 2/13/2017; Plaintiffs oppositions to Defendants cross-motions for summary judgment due by 3/13/2017; Replies (only with leave of Court), if any due by 3/27/2017 (Caruso, Stephanie) (Entered: 12/09/2016)
2016-12-0943Set/Reset Deadlines: Cross Motions due by 2/13/2017. Motions due by 1/13/2017 (Caruso, Stephanie) (Entered: 12/09/2016)
2016-12-0944NOTICE of Appearance by Michael P. Sady on behalf of Homeland Security, Department of, U.S. Immigration & Customs Enforcement (Sady, Michael) (Entered: 12/09/2016)
2016-12-0945NOTICE of Withdrawal of Appearance by Christine J. Wichers (Wichers, Christine) (Entered: 12/09/2016)
2017-01-1346Letter/request (non-motion) from Peter Antoszyk to the Honorable Nathaniel M. Gorton . (Antoszyk, Peter) (Entered: 01/13/2017)
2017-01-2747Joint MOTION for Briefing Schedule by ACLU, National Immigration Project of the National Lawyers Guild.(Antoszyk, Peter) (Additional attachment(s) added on 1/30/2017: # 1 Text of Proposed Order) (Caruso, Stephanie). (Main Document 47 replaced on 1/30/2017) (Caruso, Stephanie). (Entered: 01/27/2017)
2017-02-0848Judge Nathaniel M. Gorton: ENDORSED ORDER entered granting 47 Motion for Briefing Schedule. "Joint motion allowed." (Lima, Christine) (Entered: 02/10/2017)
2017-02-0849Judge Nathaniel M. Gorton: ENDORSED ORDER entered. re 47 Joint MOTION for Briefing Schedule filed by National Immigration Project of the National Lawyers Guild, ACLU. (Lima, Christine) (Entered: 02/10/2017)
2017-02-2450Joint MOTION for Extension of Time - Joint Motion to Extend Briefing Schedule by ACLU, National Immigration Project of the National Lawyers Guild.(Antoszyk, Peter) Modified on 2/27/2017 (Caruso, Stephanie). (Entered: 02/24/2017)
2017-02-2751Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 50 Motion for Extension of Time to File Plaintiffs motion for attorneys fees and costs due by 3/13/2017; Defendants Opposition due by 3/27/17; Plaintiffs Reply due by 4/3/2017. (Caruso, Stephanie) (Entered: 02/27/2017)
2017-03-1352MOTION for Attorney Fees and Costs by ACLU, National Immigration Project of the National Lawyers Guild.(Antoszyk, Peter) (Entered: 03/13/2017)
2017-03-1353AFFIDAVIT of John E. Roberts in Support re 52 MOTION for Attorney Fees and Costs filed by ACLU, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14)(Antoszyk, Peter) (Entered: 03/13/2017)
2017-03-1354AFFIDAVIT of Trina Realmuto in Support re 52 MOTION for Attorney Fees and Costs filed by ACLU, National Immigration Project of the National Lawyers Guild. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Antoszyk, Peter) (Entered: 03/13/2017)
2017-03-1355AFFIDAVIT of Laura Rotolo in Support re 52 MOTION for Attorney Fees and Costs filed by ACLU, National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 03/13/2017)
2017-03-1356AFFIDAVIT of Ronaldo Rauseo-Ricupero in Support re 52 MOTION for Attorney Fees and Costs filed by ACLU, National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 03/13/2017)
2017-03-1357MEMORANDUM in Support re 52 MOTION for Attorney Fees and Costs filed by ACLU, National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 03/13/2017)
2017-03-1558ELECTRONIC NOTICE issued requesting courtesy copy for 57 Memorandum in Support of Motion, 56 Affidavit in Support of Motion, 52 MOTION for Attorney Fees and Costs , 54 Affidavit in Support of Motion, 53 Affidavit in Support of Motion, 55 Affidavit in Support of Motion. Counsel who filed these documents are requested to submit a courtesy copy of them to the Clerk's Office. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lima, Christine) (Entered: 03/15/2017)
2017-03-2759Assented to MOTION for Extension of Time to 4/10/17 to Respond to Plaintffs' Request for Attorneys' Fees by Homeland Security, Department of, U.S. Immigration & Customs Enforcement.(Sady, Michael) (Entered: 03/27/2017)
2017-03-2860Judge Nathaniel M. Gorton: ELECTRONIC ORDER entered granting 59 Motion for Extension of Time to File Response/Reply re 52 MOTION for Attorney Fees and Costs Responses due by 4/10/2017 (Caruso, Stephanie) (Entered: 03/28/2017)
2017-08-0361Set/Reset Deadlines: Status Report due by 8/17/2017 (Caruso, Stephanie) (Entered: 08/03/2017)
2017-08-1462STIPULATION of Dismissal with Prejudice by ACLU, National Immigration Project of the National Lawyers Guild. (Antoszyk, Peter) (Entered: 08/14/2017)
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