Case Detail

FOIA Project Annotation: In two separate cases brought by TRAC against U.S. Immigration and Customs Enforcement to require the agency to explain why it stopped providing certain statistical data on who was detained and/or deported as a result of various programs, Judge Amit Mehta of the U.S. District Court for the District of Columbia and Judge Brenda Sannes of the U.S. District Court for the Northern District of New York have both rejected the agency's claims that gaps in the data that had previously been released in response to TRAC's regular requests were caused because TRAC was asking the agency to create records in response to various questions. Although ICE had previously responded to TRAC's monthly requests by providing computer extracts furnished as Excel spreadsheets derived from its Enforcement Integrated Database, starting in January 2017, the agency provided fewer data points, claiming the information was not contained in the EID. TRAC filed several suits to force the agency to provide the missing data or justify its change in policy. Mehta pointed out that "ICE concedes that 'a search for "data points" or "points of data" means a search of records.' Nevertheless, ICE asserts that in this case, Plaintiffs' requests command the agency to go above and beyond such requirements by essentially asking the agency 'to create new methods of organizing archival data or. . . answer. . .specific interrogatories.' And although ICE previously provided data in response to virtually identical requests to those at issue here, ICE contends that it should not be penalized for going above and beyond what the FOIA requires in the past." The agency provided an affidavit from Marla Jones, Unit Chief of the Statistical Tracking Unit. Jones explained that TRAC's questions required the agency to make assumptions that required the creation of records not already in the database. Mehta found Jones' affidavit failed to provide enough information for him to rule. He noted that "in a case such as this one, where ICE previously has provided fields and data elements in response to virtually identical requests, individualized explanations as to why FOIA does not obligate ICE to produce the same fields and data elements are essential. Such individualized explanations would help the court understand why the agency now interprets certain numbered requests to ask a question, as opposed to seeking fields and data elements in the EID that indicate the existence or nonexistence of some event or state of facts. They also would shed light on the nature of the 'additional analysis' required to respond to each request �" something the court cannot discern from either the conclusory statements or Jones's explanation as to other requests pertaining to different types of data." He added that "even to the extent Jones offers a specific explanation as to a particular request, her explanations lack sufficient detail to allow the court to conclude that ICE has satisfied its burden of demonstrating that the data requested is not subject to disclosure under FOIA. In other words, not only are Jones's explanations too generic to apply across the board to all requests, but they also fail to adequately support the agency's position that responding to even those requests specifically referenced by Jones requires the creation of a new record." Mehta pointed out Jones' explanations often made no sense in relation to TRAC's actual requests. Jones had complained that TRAC's request for whether a detainer exists required the agency to assume that only one detainer existed. But Mehta observed that "rather, their request pertains to the date of issuance of any detainer issued prior to the removal of a person pursuant to the Secure Communities Program �" not whether there is a causal connection between the detainer, if one exists, and the removal." Indicating that he could not rule in favor of either party on the current record, Mehta noted that "while an agency can change its mind [on whether or not to make discretionary disclosures], the court is not convinced that the reasons offered by ICE in this case justify its change of heart."
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: Judge Amit Mehta has ruled that U.S. Immigration and Customs Enforcement has finally persuaded him that providing the data elements the agency used to include in response to FOIA requests from TRAC would constitute creating a record that is not required under FOIA. Mehta explained that "to produce those fields in the [Secure Communities Removal Report], ICE must build upon what is available in the SC Removals Report against the broader [Integrated Decision Support System] removals dataset. That analysis required additional complex correlations and calculations to establish connections between various data points across the two sources." ICE argued that National Security Counselors v. CIA, 969 F.3d 406 (D.C. Cir. 2020), in which the D.C. Circuit held that requiring the CIA to sort its requests based on categories would require creation of a record, was directly on point. Mehta disagreed, noting that "unlike that case, the information required to produce the disputed fields does exist in the IIDS." However, he pointed out that "the question remains, therefore, whether producing those fields using the information available necessitates the creation of new records. The court holds that it does." He explained that "to produce the disputed fields, ICE must do more than simply sort through the information using preexisting connections â€" it must create many of those connections in the first instance." Mehta pointed out that "the production of the disputed fields requires ICE to manufacture complex and often imprecise connection between otherwise facially unrelated data in the IIDS. Because constructing those connections requires the agency to go beyond merely 'sorting. . .information to make it intelligible' or 'writing new computer code to locate responsive records' production of the disputed fields is tantamount to the creation of new records."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2017-06-08	1	COMPLAINT against ALL DEFENDANTS ( Filing fee $ 400 receipt number 0090-4983046) filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons)(Sherman, Sean) (Entered: 06/08/2017)
2017-06-08		Case Assigned to Judge Amit P. Mehta. (md) (Entered: 06/09/2017)
2017-06-09	2	SUMMONS (3) Issued Electronically as to IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice of Consent) (md) (Entered: 06/09/2017)
2017-06-12	3	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/12/2017. Answer due for ALL FEDERAL DEFENDANTS by 7/12/2017. (Sherman, Sean) (Entered: 06/12/2017)
2017-06-23	4	NOTICE of Appearance by William Mark Nebeker on behalf of IMMIGRATION AND CUSTOMS ENFORCEMENT (Nebeker, William) (Entered: 06/23/2017)
2017-07-12	5	Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 07/12/2017)
2017-07-13		MINUTE ORDER granting Defendant's 5 Unopposed Motion for Extension of Time to Answer. Defendant shall now file its responsive pleading on or before July 27, 2017. Signed by Judge Amit P. Mehta on 07/13/2017. (lcapm1) (Entered: 07/13/2017)
2017-07-13		Set/Reset Deadlines/Hearings: Responsive pleading due by 7/27/2017. (cdw) (Entered: 07/13/2017)
2017-07-27	6	ANSWER to Complaint by IMMIGRATION AND CUSTOMS ENFORCEMENT.(Nebeker, William) (Entered: 07/27/2017)
2017-07-28	7	ORDER: Both a Complaint and an Answer are now before the court in this FOIA case. It is hereby ordered that the parties shall meet and confer and file a Joint Status Report on or before August 18, 2017. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 07/28/2017. (lcapm1) (Entered: 07/28/2017)
2017-07-28		Set/Reset Deadlines/Hearings: Joint Status Report due by 8/18/2017. (cdw) (Entered: 07/28/2017)
2017-08-17	8	Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Nebeker, William) (Entered: 08/17/2017)
2017-08-21	9	ORDER entering the briefing schedule proposed in the parties' 8 Joint Status Report. The schedule for further proceedings in this matter is as follows: (1) Defendant's Motion for Summary Judgment is due on or before October 20, 2017; (2) Plaintiffs' Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is due on or before November 24, 2017; (3) Defendant's Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment is due on or before December 22, 2017; and (4) Plaintiff's Reply in Support of Cross-Motion for Summary Judgment is due on or before January 19, 2018. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 08/21/2017. (lcapm1) (Entered: 08/21/2017)
2017-08-21		Set/Reset Deadlines/Hearings: Defendant's Summary Judgment motion due by 10/20/2017. Response to Motion for Summary Judgment due by 11/21/2017. Reply to Motion for Summary Judgment due by 12/22/2017. Plaintiffs' Cross Motion due by 11/24/2017. Response to Cross Motion due by 12/22/2017. Reply to Cross Motion due by 1/19/2018. (zcdw) (Entered: 08/22/2017)
2017-10-17	10	Unopposed MOTION for Extension of Time to File Dispositive Motion by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/17/2017)
2017-10-18		MINUTE ORDER granting Defendant's 10 Unopposed Motion for Extension of Time and revising the schedule in this matter as follows: (1) Defendant's Motion for Summary Judgment is due on or before November 3, 2017; (2) Plaintiffs' Opposition to Defendant's Motion and Cross-Motion for Summary Judgment is due on or before December 8, 2017; (3) Defendant's Reply in Support of Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment is due on or before January 12, 2018; and (4) Plaintiffs' Reply in Support of Cross-Motion for Summary Judgment is due on or before February 9, 2018. Signed by Judge Amit P. Mehta on 10/18/2017. (lcapm1) (Entered: 10/18/2017)
2017-11-03	11	MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Declaration Pavlik-Keenan, # 2 Declaration Jones, # 3 Text of Proposed Order)(Nebeker, William) (Entered: 11/03/2017)
2017-12-08	12	MOTION for Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Declaration of Susan B. Long and Accompanying Exhibits, # 2 Text of Proposed Order)(Sherman, Sean) (Entered: 12/08/2017)
2017-12-08	13	Memorandum in opposition to re 11 MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration of Susan B. Long and Accompanying Exhibits, # 2 Text of Proposed Order)(Sherman, Sean) (Entered: 12/08/2017)
2018-01-11	14	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , 11 MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/11/2018)
2018-01-11		MINUTE ORDER granting Defendant's 14 Unopposed Motion for Extension of Time to File Response/Reply. Defendant's Reply and Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall now be due on or before January 26, 2018, and Plaintiffs' Reply in Support of their Cross-Motion shall be due on or before February 23, 2018. Signed by Judge Amit P. Mehta on 01/11/2018. (lcapm1) (Entered: 01/11/2018)
2018-01-11		Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 1/26/2018. Response to Cross Motions due by 1/26/2018. Reply to Cross Motions due by 2/23/2018. (zcdw) (Entered: 01/15/2018)
2018-01-24	15	Unopposed MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment , 11 MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 01/24/2018)
2018-01-26		MINUTE ORDER granting Defendant's 15 Unopposed Motion for Extension of Time to File Response/Reply. Defendant's Reply and Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall now be due on or before February 9, 2018, and Plaintiffs' Reply shall be due on or before March 9, 2018. Signed by Judge Amit P. Mehta on 01/26/2018. (lcapm1) (Entered: 01/26/2018)
2018-01-26		Set/Reset Deadlines/Hearings: Reply to Motion for Summary Judgment due by 2/9/2018. Response to Cross Motion due by 2/9/2018. Reply to Cross Motion due by 3/9/2018. (zcdw) (Entered: 01/27/2018)
2018-02-09	16	Memorandum in opposition to re 12 MOTION for Summary Judgment filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration Second Jones Decl., # 2 Text of Proposed Order)(Nebeker, William) (Entered: 02/09/2018)
2018-02-09	17	REPLY to opposition to motion re 11 MOTION for Summary Judgment (same as ECF No. 16) filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration Second Jones Decl., # 2 Text of Proposed Order)(Nebeker, William) (Entered: 02/09/2018)
2018-02-23	18	MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Sherman, Sean) (Entered: 02/23/2018)
2018-02-23		MINUTE ORDER granting Plaintiffs' 18 Unopposed Motion for Extension of Time to File Reply. Plaintiffs' Reply shall now be due on or before March 23, 2018. Signed by Judge Amit P. Mehta on 02/23/2018. (lcapm1) (Entered: 02/23/2018)
2018-03-23	19	REPLY to opposition to motion re 12 MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration of Susan B. Long (Second) and Accompanying Exhibits)(Sherman, Sean) (Entered: 03/23/2018)
2018-09-28	20	MEMORANDUM OPINION AND ORDER denying Defendant's 11 Motion for Summary Judgment and Plaintiffs' 12 Cross-Motion for Summary Judgment without prejudice. The parties shall appear for a Status Conference on October 10, 2018, at 10:00 a.m. in Courtroom 10 to discuss further proceedings in this matter. See the attached Memorandum Opinion and Order for additional details. Signed by Judge Amit P. Mehta on 09/28/2018. (lcapm1) (Entered: 09/28/2018)
2018-10-01		Set/Reset Hearings: Status Conference rescheduled to 10/10/2018 at 11:00 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) (Entered: 10/01/2018)
2018-10-08	21	MOTION for Order Governing Further Proceedings by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Sherman, Sean) (Entered: 10/08/2018)
2018-10-10		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 10/10/2018. Government's Supplemental Declaration due by 12/14/2018. Joint Status Report due by 11/7/2018. (Court Reporter: Elizabeth Saint-Loth) (zjd) (Entered: 10/10/2018)
2018-10-10		MINUTE ORDER denying Plaintiffs' 21 Motion for Order Governing Further Proceedings. Pursuant to the Status Conference held on this date, the parties shall file a Joint Status Report, on or before November 7, 2018, that updates the court on their progress toward resolving this matter. Defendant's supplemental declaration shall be due on or before December 14, 2018. Signed by Judge Amit P. Mehta on 10/10/2018. (lcapm1) (Entered: 10/10/2018)
2018-10-24	22	TRANSCRIPT OF PROCEEDINGS before Judge Amit P. Mehta held on 10-10-2018; Page Numbers: 1 - 30. Date of Issuance: 10-24-2018. Court Reporter/Transcriber Elizabeth SaintLoth, Telephone number 202-354-3242, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 11/14/2018. Redacted Transcript Deadline set for 11/24/2018. Release of Transcript Restriction set for 1/22/2019.(Saint-Loth, Elizabeth) (Entered: 10/24/2018)
2018-11-07	23	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Sherman, Sean) (Entered: 11/07/2018)
2018-11-08		MINUTE ORDER: In light of 23 the parties' Joint Status Report, the parties shall submit a subsequent Joint Status Report on or before November 30, 2018, advising the court of progress in the parties' efforts to settle. Signed by Judge Amit P. Mehta on 11/08/2018. (lcapm1) (Entered: 11/08/2018)
2018-11-08		Set/Reset Deadlines: Joint Status Report due by 11/30/2018. (zjd) (Entered: 11/08/2018)
2018-11-15	24	NOTICE of Appearance by Scott Lawrence Nelson on behalf of All Plaintiffs (Nelson, Scott) (Entered: 11/15/2018)
2018-11-20		NOTICE OF ERROR re 24 Notice of Appearance; emailed to snelson@citizen.org, cc'd 5 associated attorneys -- The PDF file you docketed contained errors: 1. Invalid attorney signature, 2. Attorney's membership with the bar of this court has lapsed; Please visit our website for renewal instructions: http://www.dcd.uscourts.gov/attorney-admissions-and-renewal-information (znmw, ) (Entered: 11/20/2018)
2018-11-20	25	NOTICE of Appearance by Scott Lawrence Nelson on behalf of All Plaintiffs (Nelson, Scott) (Entered: 11/20/2018)
2018-11-26	26	NOTICE of Appearance by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 11/26/2018)
2018-11-30	27	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Sherman, Sean) (Entered: 11/30/2018)
2018-11-30	28	NOTICE OF WITHDRAWAL OF APPEARANCE as to DAVID BURNHAM, SUSAN B. LONG. Attorney Sean M. Sherman terminated. (Sherman, Sean) (Entered: 11/30/2018)
2018-12-03		MINUTE ORDER. The parties shall file an additional status report no later than January 4, 2019, updating the court as to their settlement efforts. The deadline to file Defendant's supplemental declaration on December 14, 2018, is hereby vacated and is reset to January 15, 2019. Signed by Judge Amit P. Mehta on 12/03/2018. (lcapm1) (Entered: 12/03/2018)
2018-12-03		Set/Reset Deadlines: Joint Status Report due by 1/4/2019. Supplemental Declaration due by 1/15/2019. (zjd) (Entered: 12/03/2018)
2019-01-02	29	Consent MOTION to Stay (Defendant's Consent Motion to Stay Proceedings In Light of Lapse in Appropriations) by IMMIGRATION AND CUSTOMS ENFORCEMENT (Nebeker, William) (Entered: 01/02/2019)
2019-01-04	30	STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Nelson, Scott) (Entered: 01/04/2019)
2019-01-07		MINUTE ORDER granting 29 Defendant's Consent Motion for a Stay of Proceedings. This matter is hereby stayed. Within three business days of Department of Justice operations resuming, Defendant shall notify the court by when the parties will file their Joint Status Report. Signed by Judge Amit P. Mehta on 01/07/2019. (lcapm1) (Entered: 01/07/2019)
2019-01-30	31	STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Nebeker, William) (Entered: 01/30/2019)
2019-01-30		MINUTE ORDER. The parties shall file their next Status Report on or before February 15, 2019. The court will set a schedule for further proceedings if settlement efforts are unsuccessful. Signed by Judge Amit P. Mehta on 01/30/2019. (Entered: 01/30/2019)
2019-01-30		Set/Reset Deadlines: Joint Status Report due by 2/15/2019. (zjd) (Entered: 02/05/2019)
2019-02-15	32	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 02/15/2019)
2019-02-20		MINUTE ORDER. The parties shall next report on the status of settlement efforts no later than February 21, 2019. Based on the parties representations, the court will determine an appropriate deadline for a supplemental declaration, if needed. Signed by Judge Amit P. Mehta on 02/20/2019. (lcapm1) (Entered: 02/20/2019)
2019-02-21	33	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 02/21/2019)
2019-02-21		MINUTE ORDER. In light of the parties' Joint Status Report of March 21, 2019, ECF No. 33 , the court orders that, no later than April 15, 2019, Defendant shall provide Plaintiffs with a sample release of data including any fields Defendant proposes to release in settlement of this case. Furthermore, the parties shall submit a Joint Status Report by April 22, 2019, updating the court on their settlement efforts. Finally, the court defers setting a deadline for a supplemental declaration from Defendant. Signed by Judge Amit P. Mehta on 2/21/2019. (lcapm2) (Entered: 02/21/2019)
2019-02-21		Set/Reset Deadlines: Joint Status Report due by 4/22/2019. (zjd) (Entered: 03/07/2019)
2019-04-22	34	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 04/22/2019)
2019-04-22		MINUTE ORDER. The parties shall file a Joint Status Report by May 13, 2019, which updates the court on their efforts to resolve this matter. Signed by Judge Amit P. Mehta on 04/22/2019. (lcapm1) (Entered: 04/22/2019)
2019-04-22		Set/Reset Deadlines: Joint Status Report due by 5/13/2019. (zjd) (Entered: 04/22/2019)
2019-05-13	35	Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Nebeker, William) (Entered: 05/13/2019)
2019-05-14		MINUTE ORDER. The parties shall file a Joint Status Report by May 23, 2019, which updates the court on their efforts to resolve this matter. Signed by Judge Amit P. Mehta on 05/14/2019. (lcapm1) (Entered: 05/14/2019)
2019-05-17		Set/Reset Deadlines: Joint Status Report due by 5/23/2019 (hs) (Entered: 05/17/2019)
2019-05-23	36	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 05/23/2019)
2019-05-23		MINUTE ORDER. The parties shall file a Joint Status Report on or before June 12, 2019, to update the court regarding their settlement efforts. Signed by Judge Amit P. Mehta on 05/23/2019. (lcapm1) (Entered: 05/23/2019)
2019-05-23		Set/Reset Deadlines: Joint Status Report due by 6/12/2019. (zjd) (Entered: 05/23/2019)
2019-06-12	37	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 06/12/2019)
2019-06-12		MINUTE ORDER. The parties shall file a Joint Status Report on or before July 10, 2019, to update the court regarding their settlement efforts. Signed by Judge Amit P. Mehta on 06/12/2019. (Entered: 06/12/2019)
2019-06-12		Set/Reset Deadlines: Joint Status Report due by 7/10/2019. (zjd) (Entered: 06/14/2019)
2019-07-10	38	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 07/10/2019)
2019-07-11		MINUTE ORDER. The parties shall file a Joint Status Report on or before July 24, 2019, to update the court regarding their settlement efforts. Signed by Judge Amit P. Mehta on 07/11/2019. (lcapm1) (Entered: 07/11/2019)
2019-07-11		Set/Reset Deadlines: Joint Status Report due by 7/24/2019. (zjd) (Entered: 07/15/2019)
2019-07-24	39	Joint STATUS REPORT by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Nebeker, William) (Entered: 07/24/2019)
2019-08-07		Set/Reset Hearings: Status Conference set for 9/4/2019 at 10:30 AM in Courtroom 10 before Judge Amit P. Mehta. (zjd) (Entered: 08/07/2019)
2019-08-29	40	Unopposed MOTION for Leave to Appear by Telephone by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 08/29/2019)
2019-08-30		MINUTE ORDER granting 40 Plaintiff's Unopposed Motion for Counsel to Appear by Telephone at Status Conference. Signed by Judge Amit P. Mehta on 08/30/2019. (lcapm1) (Entered: 08/30/2019)
2019-09-04		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 9/4/2019. Government's Declaration due by 10/4/2019. Joint Status Report due by 10/9/2019. (Court Reporter: William Zaremba) (zjd) (Entered: 09/04/2019)
2019-10-04	41	MOTION for Extension of Time to File Supplemental Declaration by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Nebeker, William) (Entered: 10/04/2019)
2019-10-07	42	NOTICE Of Filing by IMMIGRATION AND CUSTOMS ENFORCEMENT re Status Conference, Set Deadlines, 41 MOTION for Extension of Time to File Supplemental Declaration (Attachments: # 1 Declaration Patricia de Castro with Exhibits A-D)(Nebeker, William) (Entered: 10/07/2019)
2019-10-08	43	ERRATA by IMMIGRATION AND CUSTOMS ENFORCEMENT 42 Notice (Other), filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Declaration Patricia J. de Castro)(Nebeker, William) (Entered: 10/08/2019)
2019-10-08	44	Minute Order granting Defendant's Motion for Extension of Time, ECF No. 41, nunc pro tunc to October 4, 2019. Defendant's Supplemental Declaration shall be due by October 7, 2019. Signed by Judge Amit P. Mehta on October 8, 2019. (lcapm1) (Entered: 10/08/2019)
2019-10-09	45	Joint STATUS REPORT by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 10/09/2019)
2019-10-24	46	MOTION for Discovery by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Exhibit Hearing Transcript, # 2 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 10/24/2019)
2019-11-07	47	Memorandum in opposition to re 46 MOTION for Discovery filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit A (Transcript), # 2 Text of Proposed Order)(Nebeker, William) (Entered: 11/07/2019)
2019-11-12	48	REPLY to opposition to motion re 46 MOTION for Discovery filed by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 11/12/2019)
2020-03-31	49	ORDER denying Plaintiffs' 46 Motion for Leave to Take Limited Discovery, and denying Defendant's request to stay this matter pending the outcome of related litigation in the Northern District of New York. The parties shall meet and confer and, by April 8, 2020, file a proposed schedule for further proceedings in this matter. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 3/31/2020. (lcapm1) (Entered: 03/31/2020)
2020-03-31		Set/Reset Deadlines: Proposed Schedule due by 4/8/2020. (zjd) (Entered: 04/01/2020)
2020-04-07	50	NOTICE OF SUBSTITUTION OF COUNSEL by Robert Aaron Caplen on behalf of IMMIGRATION AND CUSTOMS ENFORCEMENT Substituting for attorney W. Mark Nebeker (Caplen, Robert) (Entered: 04/07/2020)
2020-04-07	51	Joint STATUS REPORT Proposing Briefing Schedule by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 04/07/2020)
2020-04-08	52	ORDER entering the following briefing schedule proposed in the parties' Joint Status Report. (1) Defendant's Motion for Summary Judgment shall be filed on or before June 8, 2020; (2) Plaintiffs' Opposition to Defendant's Motion for Summary Judgment and Cross-Motion for Summary Judgment shall be filed on or before June 29, 2020; (3) Defendant's Reply in Support of Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall be filed on or before July 13, 2020; and (4) Plaintiffs' Reply in Support of Cross-Motion for Summary Judgment shall be filed on or before July 27, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 4/7/2020. (lcapm1) Main Document added on 4/8/2020 (zjd). (Entered: 04/08/2020)
2020-04-08		Set/Reset Deadlines: Defendant's Motion for Summary Judgment due by 6/8/2020. Plaintiffs' Opposition and Cross-Motion due by 6/29/2020. Defendant's Reply and Opposition due by 7/13/2020. Plaintiffs' Reply due by 7/27/2020. (zjd) (Entered: 04/08/2020)
2020-06-08	53	MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Memorandum in Support, # 2 Statement of Facts, # 3 Declaration of Patricia J. de Castro, Ph.D., # 4 Declaration of Catrina Pavlik-Keenan, # 5 Declaration of Marla Jones, # 6 Declaration (Second) of Marla Jones, # 7 Text of Proposed Order)(Caplen, Robert) (Entered: 06/08/2020)
2020-06-29	54	Second Cross MOTION for Summary Judgment by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Declaration Third Declaration of Susan B. Long with Exhibits, # 2 Declaration Declaration of Paul C. Clark with Exhibit, # 3 Text of Proposed Order)(Kirkpatrick, Michael) Modified docket event/text on 6/29/2020 (eg). (Entered: 06/29/2020)
2020-06-29	55	Memorandum in opposition to re 53 MOTION for Summary Judgment (Second) filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration Third Declaration of Susan B. Long with Exhibits, # 2 Declaration Declaration of Paul C. Clark with Exhibit, # 3 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 06/29/2020)
2020-07-01	56	Unopposed MOTION for Extension of Time to File Response/Reply as to 54 Second MOTION for Summary Judgment , 53 MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 07/01/2020)
2020-07-02	57	ORDER granting the Defendant's 56 Unopposed Motion for Enlargement of Time. Defendant's Reply in Support of Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall be filed on or before July 29, 2020. Plaintiff's Reply in Support of Cross-Motion for Summary Judgment shall be filed on or before August 14, 2020. See the attached Order for additional details. Signed by Judge Amit P. Mehta on 7/2/2020. (lcapm1) (Entered: 07/02/2020)
2020-07-02		Set/Reset Deadlines/Hearings: Defendant's Reply and Opposition due by 7/29/2020. Plaintiffs' Reply due by 8/14/2020. (zjd) (Entered: 07/02/2020)
2020-07-23	58	MOTION for Extension of Time to File Response/Reply as to 54 Second MOTION for Summary Judgment , 53 MOTION for Summary Judgment by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Text of Proposed Order)(Caplen, Robert) (Entered: 07/23/2020)
2020-07-23	59	Memorandum in opposition to re 58 MOTION for Extension of Time to File Response/Reply as to 54 Second MOTION for Summary Judgment , 53 MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 07/23/2020)
2020-07-23		MINUTE ORDER granting Defendant's 58 opposed Motion for Enlargement of Time for the reasons set forth therein. Defendant's Reply in Support of Motion for Summary Judgment and Opposition to Plaintiffs' Cross-Motion for Summary Judgment shall be filed on or before August 14, 2020. Signed by Judge Amit P. Mehta on 7/23/2020. (lcapm1) (Entered: 07/23/2020)
2020-07-23		Set/Reset Deadlines: Defendant's Reply and Opposition due by 8/14/2020. (zjd) (Entered: 07/24/2020)
2020-08-14	60	REPLY to opposition to motion re 53 MOTION for Summary Judgment filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts, # 2 Declaration (Supplemental) of Patricia J. de Castro, Ph.D, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 08/14/2020)
2020-08-14	61	Memorandum in opposition to re 54 Second MOTION for Summary Judgment (same as ECF No. 60) filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Statement of Facts, # 2 Declaration (Supplemental) of Patricia J. de Castro, # 3 Text of Proposed Order)(Caplen, Robert) (Entered: 08/14/2020)
2020-08-17	62	Unopposed MOTION for Extension of Time to File Response/Reply by DAVID BURNHAM, SUSAN B. LONG (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 08/17/2020)
2020-08-18		MINUTE ORDER granting Plaintiffs' 62 Unopposed Motion for Extension of Time. Plaintiffs shall file their reply by August 28, 2020. Signed by Judge Amit P. Mehta on 8/18/2020. (lcapm1) (Entered: 08/18/2020)
2020-08-18		Set/Reset Deadlines: Reply due by 8/28/2020. (zjd) (Entered: 08/19/2020)
2020-08-26	63	REPLY to opposition to motion re 54 Second MOTION for Summary Judgment filed by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Declaration Supplemental Declaration of Paul C. Clark)(Kirkpatrick, Michael) (Entered: 08/26/2020)
2020-11-05	64	NOTICE OF SUPPLEMENTAL AUTHORITY by DAVID BURNHAM, SUSAN B. LONG (Kirkpatrick, Michael) (Entered: 11/05/2020)
2020-11-06	65	RESPONSE re 64 NOTICE OF SUPPLEMENTAL AUTHORITY filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit (N.D.N.Y. Memorandum Decision))(Caplen, Robert) (Entered: 11/06/2020)
2021-03-11	66	NOTICE OF SUPPLEMENTAL AUTHORITY by IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Exhibit)(Caplen, Robert) (Entered: 03/11/2021)
2021-03-15	67	RESPONSE re 66 NOTICE OF SUPPLEMENTAL AUTHORITY filed by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 03/15/2021)
2021-03-15	68	REPLY re 67 Response to Document filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Caplen, Robert) (Entered: 03/15/2021)
2021-04-26		NOTICE of Hearing: Status Conference set for 4/29/2021 at 9:15 AM via videoconference before Judge Amit P. Mehta. The courtroom deputy will circulate connection information to counsel. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (zjd) (Entered: 04/26/2021)
2021-04-29		Minute Entry for proceedings held before Judge Amit P. Mehta: Status Conference held on 4/29/2021 via videoconference. (Court Reporter: William Zaremba) (zjd) (Entered: 04/29/2021)
2021-05-05		NOTICE of Hearing: Evidentiary Hearing set for 5/27/2021 at 10:00 AM before Judge Amit P. Mehta. The format of the hearing will be determined at a later date.(zjd) (Entered: 05/05/2021)
2021-05-13	69	MOTION to Clarify re Notice of Hearing by DAVID BURNHAM, SUSAN B. LONG. (Attachments: # 1 Text of Proposed Order)(Kirkpatrick, Michael) (Entered: 05/13/2021)
2021-05-14	70	Memorandum in opposition to re 69 MOTION to Clarify re Notice of Hearing filed by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Attachments: # 1 Exhibit, # 2 Text of Proposed Order)(Caplen, Robert) (Entered: 05/14/2021)
2021-05-14	71	REPLY to opposition to motion re 69 MOTION to Clarify re Notice of Hearing filed by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 05/14/2021)
2021-05-18		MINUTE ORDER granting Plaintiffs' 69 Motion to Clarify. The hearing scheduled for May 27, 2021 will cover the following issues: (1) if the relevant databases do not contain Secure Communities-specific data, as Ms. de Castro's declarations suggest, why the agency was able to produce to Plaintiffs data with respect to certain fields but not the "disappearing fields"; and (2) the relevance of the database models and schema Plaintiff Long produced as part of her exhibits (see ECF No. 54-1, Ex. 1), which appear to indicate the existence of Secure Communities-specific data. Both parties may call witnesses. The agency may call any witness to address the issues above, but they will be subject to cross-examination. Regardless of whether the agency calls Ms. de Castro as a witness, she must be available at the hearing for cross-examination if requested. Any witnesses must be disclosed by May 21, 2021. If the parties intend to introduce any evidence, that evidence must by identified and exchanged by 12:00 p.m. on May 25, 2021. The hearing will proceed by videoconference. The court has set aside four hours for the hearing and expects that the parties will complete their presentations in the allocated time. Signed by Judge Amit P. Mehta on 5/18/2021. (lcapm3) (Entered: 05/18/2021)
2021-05-21	72	NOTICE OF DISCLOSURE OF WITNESSES by DAVID BURNHAM, SUSAN B. LONG re Order on Motion to Clarify,,,,, (Kirkpatrick, Michael) (Entered: 05/21/2021)
2021-05-21	73	NOTICE of Disclosure of Witnesses by IMMIGRATION AND CUSTOMS ENFORCEMENT re Order on Motion to Clarify,,,,, (Caplen, Robert) (Entered: 05/21/2021)
2021-05-25	74	Exhibit List identifying and providing link to Plaintiffs' hearing exhibits by DAVID BURNHAM, SUSAN B. LONG. (Kirkpatrick, Michael) (Entered: 05/25/2021)
2021-05-25	75	Exhibit List for May 27, 2021, Evidentiary Hearing by IMMIGRATION AND CUSTOMS ENFORCEMENT. (Caplen, Robert) (Entered: 05/25/2021)
2021-05-26		NOTICE of Hearing: Evidentiary Hearing set for 5/27/2021 at 10:00 AM via videoconference before Judge Amit P. Mehta. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747.(zjd) (Entered: 05/26/2021)
2021-05-27		NOTICE of Hearing: The public portion of the Evidentiary Hearing set for 5/27/2021 before Judge Amit P. Mehta will resume at 2:00 PM. Members of the public may access the hearing by dialing the court's toll-free public access line: (877) 848-7030, access code 321-8747. (zjd) (Entered: 05/27/2021)
2021-05-27		Minute Entry for proceedings held before Judge Amit P. Mehta: Evidentiary Hearing held via videoconference on 5/27/2021. (Court Reporter: William Zaremba) (zjd) (Entered: 05/27/2021)
2021-06-08	76	TRANSCRIPT OF EVIDENTIARY HEARING VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on May 27, 2021; Page Numbers: 1-196. Date of Issuance: June 8, 2021. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased fro m the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 6/29/2021. Redacted Transcript Deadline set for 7/9/2021. Release of Transcript Restriction set for 9/6/2021.(wz) (Entered: 06/08/2021)
2021-06-23	77	REDACTED TRANSCRIPT OF EVIDENTIARY HEARING VIA ZOOM PROCEEDINGS before Judge Amit P. Mehta held on May 27, 2021; Page Numbers: 1-196. Date of Issuance: June 23, 2021. Court Reporter/Transcriber: William Zaremba; Telephone number: (202) 354-3249. Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or pur chased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, PDF or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 7/14/2021. Redacted Transcript Deadline set for 7/24/2021. Release of Transcript Restriction set for 9/21/2021.(wz) (Entered: 06/23/2021)
2021-07-12	78	NOTICE of Appearance by Jeremy S. Simon on behalf of IMMIGRATION AND CUSTOMS ENFORCEMENT (Simon, Jeremy) (Entered: 07/12/2021)
2021-09-02	79	MEMORANDUM OPINION re: 53 Defendant's Motion for Summary Judgment and 54 Plaintiffs' Second Cross-Motion for Summary Judgment. Please see the attached Memorandum Opinion for additional details. Signed by Judge Amit P. Mehta on 9/2/2021. (lcapm3) (Entered: 09/02/2021)
2021-09-02	80	ORDER: For the reasons stated in the 79 Memorandum Opinion, the court grants 53 Defendant's Motion for Summary Judgment and denies 54 Plaintiffs' Second Cross-Motion for Summary Judgment. Please see the attached Order for additional details. Signed by Judge Amit P. Mehta on 9/2/2021. (lcapm3) (Entered: 09/02/2021)
Hide Docket Events