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Case TitleAmerican Civil Liberties Union of Florida v. U.S. Department of Homeland Security et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2017cv21382
Date Filed2017-04-12
Date Closed2018-01-09
JudgeJudge Darrin P. Gayles
PlaintiffAmerican Civil Liberties Union of Florida
Case DescriptionThe ACLU of Florida submitted FOIA requests to the Department of Homeland Security and U.S. Customs and Border Protection for records concerning the local implementation of President Trump's travel ban. The ACLU of Florida also requested a fee waiver. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the ACLU of Florida filed suit.
Complaint issues: Failure to respond within statutory time limit, 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-121COMPLAINT for declaratory and injunctive relief for violation of the Freedom of Information Act against U.S. Customs and Border Protection, U.S. Department of Homeland Security. Filing fees $ 400.00 receipt number 113C-9647763, filed by American Civil Liberties Union of Florida, Inc.. (Attachments: # 1 Exhibit FOIA Request (Miami), # 2 Exhibit FOIA Request (Tampa), # 3 Exhibit U.S. Postal Service Priority Tracking, # 4 Exhibit Tracking Results (Miamil), # 5 Exhibit Tracking Results (Tampa), # 6 Exhibit Tracking Results (Headquarters), # 7 Exhibit Acknowledgement (Miami), # 8 Exhibit Notice (Miami), # 9 Exhibit Acknowledgement (Tampa), # 10 Exhibit Notice (Miami))(Stevenson, Benjamin) (Entered: 04/12/2017)
2017-04-122Judge Assignment to Judge Darrin P. Gayles (lrz1) (Entered: 04/13/2017)
2017-04-133Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (lrz1) (Entered: 04/13/2017)
2017-04-134Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (lrz1) (Entered: 04/13/2017)
2017-04-135NOTICE by American Civil Liberties Union of Florida re 4 Clerks Notice to Filer re: Electronic Case - Civil Coversheet (Stevenson, Benjamin) (Entered: 04/13/2017)
2017-05-086NOTICE of Attorney Appearance by Chetan A. Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Chetan A. Patil added to party U.S. Customs and Border Protection(pty:dft), Attorney Chetan A. Patil added to party U.S. Department of Homeland Security(pty:dft). (Patil, Chetan) (Entered: 05/08/2017)
2017-05-087NOTICE of Attorney Appearance by Matthew J. Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Matthew J. Berns added to party U.S. Customs and Border Protection(pty:dft), Attorney Matthew J. Berns added to party U.S. Department of Homeland Security(pty:dft). (Berns, Matthew) (Entered: 05/08/2017)
2017-05-088NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Action) (Patil, Chetan) (Entered: 05/08/2017)
2017-05-109NOTICE of Filing Proposed Summons(es) by American Civil Liberties Union of Florida re 1 Complaint,, filed by American Civil Liberties Union of Florida (Abudu, Nancy) (Entered: 05/10/2017)
2017-05-1110Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security(asl) (Entered: 05/11/2017)
2017-05-1211Courtesy Copy of Motion to Transfer of Actions Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings sent before The United States Judicial Panel on Multidistrict Litigation by U.S. Department of HOmeland Security and U.S. Customs and Border Protection (Attachments: # 1 Memorandum of Law in Support, # 2 Schedule of Actions)(gp) (Entered: 05/12/2017)
2017-05-1512NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 6 Notice of Attorney Appearance, Corrected Certificate of Service (Attachments: # 1 Exhibit 1 - Corrected Certificate of Service) (Patil, Chetan) (Entered: 05/15/2017)
2017-05-1513NOTICE of Attorney Appearance by Amien Kacou on behalf of American Civil Liberties Union of Florida. Attorney Amien Kacou added to party American Civil Liberties Union of Florida(pty:pla). (Kacou, Amien) (Entered: 05/15/2017)
2017-05-2314SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. United States Attorney served on 5/19/2017, answer due 7/18/2017. (Kacou, Amien) Modified text on 5/24/2017 (jas). (Entered: 05/23/2017)
2017-05-2315SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. U.S. Attorney General served on 5/22/2017, answer due 7/21/2017. (Kacou, Amien) Modified text on 5/24/2017 (jas). (Entered: 05/23/2017)
2017-05-2516SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. U.S. Customs and Border Protection served on 5/25/2017, answer due 7/24/2017; U.S. Department of Homeland Security served on 5/25/2017, answer due 7/24/2017. (Kacou, Amien) (Entered: 05/25/2017)
2017-05-2617Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 05/26/2017)
2017-05-2618ACKNOWLEDGMENT OF SERVICE as to 15 Summons Returned Executed as to USA Attorney General supplemental receipt filed by American Civil Liberties Union of Florida. (Kacou, Amien) (Entered: 05/26/2017)
2017-05-3019ENDORSED ORDER granting 17 Defendants' Unopposed Motion for Enlargement of Time to File Response to Complaint. Defendants shall respond to the Complaint on or before August 3, 2017. Signed by Judge Darrin P. Gayles (hs01) (Entered: 05/30/2017)
2017-06-0620NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Filing of JPML Reply Brief (Attachments: # 1 Exhibit JPML Reply Brief) (Patil, Chetan) (Entered: 06/06/2017)
2017-06-0721NOTICE by American Civil Liberties Union of Florida of Filing of JPML Memorandum in Opposition (Attachments: # 1 Exhibit JPML Memorandum in Opposition) (Kacou, Amien) (Entered: 06/07/2017)
2017-06-2922ENDORSED ORDER STAYING CASE pending a transfer decision by the Judicial Panel on Multidistrict Litigation. This case is administratively closed, for statistical purposes only, without prejudice to the substantive rights of any of the parties. Any party may move to reopen this case at the appropriate time. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 06/29/2017)
2017-08-0223Unopposed MOTION to Withdraw as Attorney (Stevenson) by Benjamin Stevenson. by American Civil Liberties Union of Florida. Responses due by 8/16/2017 (Stevenson, Benjamin) (Entered: 08/02/2017)
2017-08-0224ENDORSED ORDER granting 23 Motion to Withdraw as Attorney. Attorney Benjamin James Stevenson terminated. Signed by Judge Darrin P. Gayles (hs01) (Entered: 08/02/2017)
2017-08-0225ORDER DENYING TRANSFER IN RE: MDL 2786 - American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769. (Signed by Sarah S. Vance, Chair of the Panel). (gp) (Entered: 08/02/2017)
2017-08-0826Agreed MOTION to Reopen Case by American Civil Liberties Union of Florida. (Tannebaum, Brian) (Entered: 08/08/2017)
2017-08-2227ENDORSED ORDER granting 26 Plaintiff's Agreed Motion to Reinstate Administratively Closed Case. The stay of this case pending a transfer decision by the Judicial Panel on Multidistrict Litigation 22 is LIFTED . The Clerk of the Court shall REOPEN these proceedings. Defendants shall answer or otherwise respond to the Complaint by 9/6/17 . Signed by Judge Darrin P. Gayles on 8/22/2017. (lh00) (Entered: 08/22/2017)
2017-08-22Set Answer Due Deadline per 27 Order: U.S. Customs and Border Protection response due 9/6/2017; U.S. Department of Homeland Security response due 9/6/2017. (asl) (Entered: 08/23/2017)
2017-08-3028NOTICE of Attorney Appearance by Kari D'Ottavio on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Kari D'Ottavio added to party U.S. Customs and Border Protection(pty:dft), Attorney Kari D'Ottavio added to party U.S. Department of Homeland Security(pty:dft). (D'Ottavio, Kari) (Entered: 08/30/2017)
2017-09-0629ANSWER to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (D'Ottavio, Kari) (Entered: 09/06/2017)
2017-10-2430ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before 11/24/2017 , the parties shall: (1) prepare and file a Joint Scheduling Report, Certificates of Interested Parties, and Corporate Disclosure Statements; (2) prepare and file a Joint Proposed Scheduling Order, adhering to the format and guidance of the attached form; and (3) complete and file the attached magistrate election forms. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/24/2017. (lh00) (Entered: 10/24/2017)
2017-11-1631Joint SCHEDULING REPORT - Rule 16.1 by American Civil Liberties Union of Florida (Attachments: # 1 Text of Proposed Order)(Tannebaum, Brian) (Entered: 11/16/2017)
2017-11-1632Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by American Civil Liberties Union of Florida (Tannebaum, Brian) (Entered: 11/16/2017)
2017-11-1733ENDORSED ORDER. Pursuant to the parties' 31 Joint Scheduling Report dated November 16, 2017, in which the parties agree that setting a civil trial date and pretrial schedule is premature at this time, and ultimately may not be necessary. Therefore, it is hereby ORDERED that the parties shall submit a Joint Status Report and Proposed Scheduling Order on or before December 15, 2017, to update the Court on the status of Defendants' progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in dispute. Signed by Judge Darrin P. Gayles on 11/17/2017. (lh00) (Entered: 11/17/2017)
2017-11-1734Clerks Notice to Filer re 32 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added ; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (kpe) (Entered: 11/17/2017)
2017-11-2135Notice of Entry of Parties Listed (Tannebaum, Brian) (Entered: 11/21/2017)
2017-12-1536STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 12/15/2017)
2017-12-1537ENDORSED ORDER. THIS CAUSE came before the Court on the parties' 36 Joint Status Report. Based thereon, the parties are ORDERED to submit a joint status report on or before January 8, 2018, to update the Court on the status of Defendants' progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in dispute. Signed by Judge Darrin P. Gayles on 12/15/2017. (lh00) (Entered: 12/15/2017)
2017-12-2238Unopposed MOTION to Withdraw as Attorney by Matthew J. Berns & Chetan A. Patil. by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/5/2018 (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 12/22/2017)
2017-12-2239ENDORSED ORDER granting 38 Unopposed Motion to Withdraw as Attorney. Attorneys Matthew J. Berns and Chetan A. Patil terminated. Signed by Judge Darrin P. Gayles on 12/22/2017. (lh00) (Entered: 12/22/2017)
2018-01-0840STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 01/08/2018)
2018-01-0941ORDER on 40 Joint Status Report. Signed by Judge Darrin P. Gayles on 1/9/2018. (lh00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 01/09/2018)
2018-03-0742STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 03/07/2018)
2018-03-0943SCHEDULING ORDER: THIS CAUSE is before the Court on the parties' 42 Joint Status Report dated March 7, 2018. Based thereon, it is hereby ORDERED AND ADJUDGED that: (1) By April 30, 2018, Defendants will process 400 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. (2) By June 30, 2018, Defendants will process 800 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. (3) By September 30, 2018, Defendants will process at least 95 percent of all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, nonexempt records. (4) By December 31, 2018, Defendants will complete processing all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. (5) Every sixty (60) days, the parties will file a joint status report advising the Court of the agency's progress in processing Plaintiff's requests, with the first such report to be filed by May 7, 2018. Signed by Judge Darrin P. Gayles on 3/9/2018. (lh00) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 03/09/2018)
2018-05-0744STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 05/07/2018)
2018-07-0245STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 07/02/2018)
2018-08-3146STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 08/31/2018)
2018-10-0947NOTICE of Change of Address by Kari D'Ottavio (D'Ottavio, Kari) (Entered: 10/09/2018)
2018-10-3048STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 10/30/2018)
2018-12-2649MOTION to Stay Dec. 31, 2018 JSR deadline by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/9/2019 (D'Ottavio, Kari) (Entered: 12/26/2018)
2018-12-2750PAPERLESS ORDER granting 49 MOTION FOR A STAY OF JOINT STATUS REPORT DEADLINE IN LIGHT OF LAPSE OF APPROPRIATIONS. The joint status report deadline shall be stayed. Either party may move to lift the stay when warranted. Signed by Judge Darrin P. Gayles (lfn) (Entered: 12/27/2018)
2019-01-2851NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Restoration of Appropriations (D'Ottavio, Kari) (Entered: 01/28/2019)
2019-02-0152STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 02/01/2019)
2019-02-1153STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 02/11/2019)
2019-02-1154PAPERLESS ORDER Setting Status Conference. The parties shall appear before the Court for a status conference on February 27, 2019 at 10:00 am . Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/11/2019)
2019-02-1955PAPERLESS ORDER Setting Status Conference. The parties shall appear before the Court for a status conference on February 27, 2019 at 1:30 pm in Miami. Counsel residing outside of Miami-Dade county may appear telephonically. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170 . Please dial in at least ten minutes before the Status Conference begins and wait until your case is called Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/19/2019)
2019-02-2156PAPERLESS ORDER Setting Status Conference. Telephonic Status Conference set for February 27, 2019 at 03:30 PM in Miami Division before Judge Darrin P. Gayles. Please note the time change to 3:30pm . Counsel residing outside of Miami-Dade County may appear telephonically. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170 . Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/21/2019)
2019-03-0157PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 3/1/2019. Counsel for all parties present. Total time in court: 10 minutes. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (lfn) (Entered: 03/01/2019)
2019-03-0158PAPERLESS STATUS REPORT ORDER. The parties shall submit a Joint Status Report advising on the status of this case on or before March 22, 2019. Signed by Judge Darrin P. Gayles (lfn) (Entered: 03/01/2019)
2019-03-2259NOTICE of Attorney Appearance by Karen S. Bloom on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Karen S. Bloom added to party U.S. Customs and Border Protection(pty:dft), Attorney Karen S. Bloom added to party U.S. Department of Homeland Security(pty:dft). (Bloom, Karen) (Entered: 03/22/2019)
2019-03-2260STATUS REPORT (JOINT) by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bloom, Karen) (Entered: 03/22/2019)
2019-05-2161STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bloom, Karen) (Entered: 05/21/2019)
2019-07-2262STATUS REPORT (Joint) by American Civil Liberties Union of Florida (Kacou, Amien) (Entered: 07/22/2019)
2019-07-2663STIPULATION of Dismissal with Prejudice by American Civil Liberties Union of Florida (Attachments: # 1 Text of Proposed Order)(Kacou, Amien) (Entered: 07/26/2019)
2019-07-2764PAPERLESS ORDER DISMISSING CASE with prejudice pursuant to the Stipulation of Dismissal with Prejudice 63 . Signed by Judge Darrin P. Gayles (hs01) (Entered: 07/27/2019)
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