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Case TitleAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION et al v. US DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Maine
CityPortland
Case Number2:2018cv00182
Date Filed2018-05-08
Date ClosedOpen
JudgeJUDGE JON D. LEVY
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION
PlaintiffAMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT
Case DescriptionThe ACLU of Maine, the ACLU of New Hampshire, and the ACLU of Vermont submitted FOIA requests to the Department of Homeland Security for records concerning the immigration enforcement policies of U.S. Immigration and Customs Enforcement and U.S. Customs and Border Projection in the states of Maine, New Hampshire, and Vermont. The state ACLU offices also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. DHS responded with a single page of statistics. The organizations filed an administrative appeal of that decision. ICE and CBP did not respond any further. The state ACLUs then filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUS DEPARTMENT OF HOMELAND SECURITY
DefendantUS CUSTOMS AND BORDER PROTECTION
DefendantUS IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-081COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS. , filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. (Service of Process Deadline 8/6/2018) Fee due by 5/10/2018. (Attachments: # 1 Exhibit A 9/5/17 DHS FOIA request, # 2 Exhibit B acknowledgement, coditional grant, fee waiver, # 3 Exhibit C ICE FOIA request, # 4 Exhibit D 9/27/17 DHS release in full letter, # 5 Exhibit D1 9/27/17 DHS record production, # 6 Exhibit E 2/1/18 FOIA appeal, # 7 Exhibit F Acknowledgement, standard letter1)(bfa) (Entered: 05/08/2018)
2018-05-082CIVIL COVER SHEET. (bfa) (Entered: 05/08/2018)
2018-05-08Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1837870.), filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT.(BOND, EMMA) (Entered: 05/08/2018)
2018-05-083CERTIFICATION for Admission Pro Hac Vice of Gilles Bissonnette filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100-1837874.) (BOND, EMMA) (Entered: 05/08/2018)
2018-05-084CERTIFICATION for Admission Pro Hac Vice of Lia Ernst filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100-1837882.) (BOND, EMMA) (Entered: 05/08/2018)
2018-05-09Set Deadlines : Attorney Lia Ernst, Gilles Bissonnette shall register for the District of Maine's Electronic Case Filing (ECF) System by 5/16/2018. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf-registration under the Electronic Case Files, ECF Registration Section. (bfa) (Entered: 05/09/2018)
2018-05-155NOTICE of Appearance by JAMES D. CONCANNON on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (CONCANNON, JAMES) (Entered: 05/15/2018)
2018-05-166NOTICE of Appearance by ANDREW K. LIZOTTE on behalf of All Defendants (LIZOTTE, ANDREW) (Entered: 05/16/2018)
2018-05-167Summons Issued as to US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons - CBP, # 2 Summons - ICE)(akr) (Entered: 05/16/2018)
2018-05-218AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. All Defendants. (Attachments: # 1 Exhibit Return Receipt - Certified Mail)(BOND, EMMA) (Entered: 05/21/2018)
2018-05-22Set Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 7/17/2018. (akr) (Entered: 05/22/2018)
2018-05-22Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 6/18/2018 pursuant to 5 U.S.C. § 552(a)(4)(C). (akr) (Entered: 05/22/2018)
2018-06-189ANSWER to 1 Complaint,,,, by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(CONCANNON, JAMES) (Entered: 06/18/2018)
2018-06-1910SCHEDULING ORDER: Discovery due by 11/5/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 11/13/2018. Motions due by 11/26/2018. Ready for Trial on 2/4/2019. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 06/19/2018)
2018-07-0311Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 7/24/2018. (CONCANNON, JAMES) (Entered: 07/03/2018)
2018-07-0512ORDER granting without objection 11 Motion to Amend Scheduling Order. Without objection, the parties are directed to file a written joint status report by August 17, 2018, addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 07/05/2018)
2018-07-05Set Deadlines Pursuant to Order #12 entered on July 5, 2018: Status Report due by 8/17/2018-the parties are directed to file a written joint status report addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. (mtm) (Entered: 07/06/2018)
2018-08-1713STATUS REPORT Submitted by Joint Agreement by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 08/17/2018)
2018-08-1714MOTION for Permission to File Second Joint Status Report (No PDF attached. See ECF #13) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 08/17/2018)
2018-08-1915ORDER granting without objection 14 Joint Motion for leave to file second joint status report. The parties shall file their second Joint Status Report, as requested, by October 12, 2018. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 08/19/2018)
2018-08-19Set Deadlines : Status Report due by 10/12/2018. (akr) (Entered: 08/20/2018)
2018-10-1216STATUS REPORT and Joint Motion for Permission to File Third Joint Status Report by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 10/12/2018)
2018-10-1217MOTION for Permission to File Third Joint Status Report (No PDF attached. See ECF #16) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 10/15/2018)
2018-10-1518ORDER granting without objection 17 Joint Motion for Leave to File Third Joint Status Report. The parties shall file their third Joint Status Report by November 16, 2018, addressing the parties' agreed-upon production schedule or, if the parties are unable to agree on a production schedule, each parties' position regarding a proposed production schedule. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2018)
2018-10-15Set Deadlines : Status Report due by 11/16/2018. (akr) (Entered: 10/15/2018)
2018-10-16Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 10/22/2018 as to AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (akr) (Entered: 10/16/2018)
2018-10-2219NOTICE of Interested Parties by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (BOND, EMMA) (Entered: 10/22/2018)
2018-11-1620STATUS REPORT (Joint) and Motion for the Court to Set Production Schedule by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) (Entered: 11/16/2018)
2018-11-1621Joint MOTION for the Court to Set Production Schedule (No PDF attached - See ECF #20) by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (akr) (Entered: 11/19/2018)
2018-11-2522ORDER granting 21 Joint Motion for the court to set production schedule. Upon careful consideration of the parties' Third Joint Status Report, the court sets the following production schedule for the release of records in the Defendants' possession: (1) without objection, by December 10, 2018, Defendants ICE and CBP will make a production of responsive, non-exempt records; by January 10, 2019, Defendants ICE and CBP will make an additional production of responsive, non-exempt records; and, by February 11, 2019 (February 10 being a Sunday), Defendants ICE and CBP will, respectively, complete processing the entirety of the priority search documents and produce to the Plaintiffs any responsive, non-exempt records identified pursuant to the priority search parameters; (2) regarding Defendant DHS, over objection and weighing the parties' competing interests set out in detail in the Third Joint Status Report, including Plaintiffs' contention that DHS should be subject to the same schedule as ICE and CBP and DHS's contention that it is only able to commit to reviewing 250 pages of records per month beginning in January, I ORDER Defendant DHS to produce, beginning in January 2019, the 1,735 potentially responsive pages to the Plaintiffs at an average rate of 350 pages and a minimum rate of 250 pages per month, as follows: By January 10, 2019, Defendant DHS will make a production of at least 250 responsive, non-exempt records; by February 11, 2019, Defendant DHS will make an additional production of at least 250 responsive, non-exempt records; by March 11, 2019, Defendant DHS will make an additional production of at least 250 responsive, non-exempt records; by April 10, 2019, Defendant DHS will make an additional production of at least 250 responsive, non-exempt records; and by May 10, 2019, Defendant DHW will complete processing the entirety of the priority search documents and produce to the Plaintiffs any responsive, non-exempt records identified pursuant to the priority search parameters. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/25/2018)
2019-01-0923Consent MOTION to Amend Production Schedule by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 1/30/2019. (CONCANNON, JAMES) (Entered: 01/09/2019)
2019-01-1424ORDER granting without objection 23 Motion to Amend scheduling order. The court's November 25, 2018, production schedule, ECF No. 22, is amended to postpone defendants' January 10, 2019, production of responsive, non-exempt records until the next scheduled production date of February 11, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/14/2019)
2019-02-1125Consent MOTION to Amend Production Schedule by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 3/4/2019. (CONCANNON, JAMES) (Entered: 02/11/2019)
2019-02-1526ORDER granting without objection 25 Motion to Amend Production Schedule. The court's November 25, 2018, production schedule, ECF No. 22, as amended, ECF No. 24, is further amended to postpone defendants' February 11, 2019, production of responsive, non-exempt records until February 15, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/15/2019)
2019-05-1527NOTICE of Hearing: Telephone Conference re Scheduling Order Deadlines set for 5/20/2019 at 01:00 PM before MAGISTRATE JUDGE JOHN H. RICH III. Counsel shall call chambers at the number provided once all parties are on the line.(slg) (Entered: 05/15/2019)
2019-05-2028Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Conference of Counsel held re: case status; docket order to follow. (Court Reporter: FTR) (RICH III, JOHN) (Entered: 05/20/2019)
2019-05-2229ORDER re 27 Notice of Hearing. On May 20, 2019, I held a telephonic status conference with Attorneys Bond, Heiden, and Ernst for the plaintiffs and Attorney Concannon for the defendants to discuss the status of this matter following the expiration of the May 10 deadline for defendant DHS to complete processing its priority search documents, ECF No. 22, a date set prior to the last government partial shutdown. After discussion, the parties orally moved for an extension of DHS's deadline to June 10, 2019, and for leave to file a written status report by June 24, 2019. Accordingly, I ORDERED that DHS complete processing the entirety of the priority search documents and produce to the plaintiffs any responsive, non-exempt records by June 10, 2019, and that the parties file a written joint status report by June 24, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 05/22/2019)
2019-05-22Set Deadlines : Status Report pursuant to ECF #29 due by 6/24/2019. (akr) (Entered: 05/22/2019)
2019-06-2430STATUS REPORT and Motion to Set Deadline for Fifth Status Report by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (Attachments: # 1 Attachment A - Plaintiffs' Sample Redaction Concerns)(BOND, EMMA) (Entered: 06/24/2019)
2019-06-2431MOTION to Set Deadline for Fifth Status Report (No PDF attached to this entry. To view Motion see ECF #30). by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (tcs) (Entered: 06/25/2019)
2019-06-2632ORDER granting without objection 31 Joint Motion for leave to file Fifth Status Report. The parties shall file their Fifth Status Report by July 12, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 06/26/2019)
2019-06-26Set Deadlines: Pursuant to ORDER at ECF #32, Fifth Status Report due by 7/12/2019. (tcs) (Entered: 06/26/2019)
2019-07-1233STATUS REPORT and Motion for Additional Scheduling Order by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 07/12/2019)
2019-07-1234MOTION for Additional Scheduling Order(No PDF attached; see ECF #33). by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) Modified on 7/15/2019 to correct title and date filed (akr). (Entered: 07/15/2019)
2019-07-1535NOTICE of Docket Entry Modification regarding 34 MOTION for Additional Scheduling Order : This entry has been modified to replace "to Set Deadline for Sixth Status Report" with "for Additional Scheduling Order" (akr) (Entered: 07/15/2019)
2019-07-1836SCHEDULING ORDER granting 34 Motion for Additional Scheduling Order By JUDGE JON D. LEVY. (akr) (Entered: 07/18/2019)
2019-07-18Reset Deadlines : Status Report due by 9/17/2019. (akr) (Entered: 07/18/2019)
2019-09-1737Sixth Joint Status Report and Motion for Additional Scheduling Order by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 10/8/2019. (BOND, EMMA) Modified on 9/17/2019 to clarify docket text (lrc). (Entered: 09/17/2019)
2019-09-2438ORDER granting without objection 37 Joint Motion for Additional Scheduling Order. On the parties' joint motion and the showing made, U.S. Immigration and Customs Enforcement shall produce responsive documents from the Enforcement and Removal Operations folder in the shared drive by September 27, 2019, and the parties shall file a joint status report, with a proposed briefing schedule on the challenged redactions, by October 11, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/24/2019)
2019-09-24Set Deadlines : Status Report due by 10/11/2019. (akr) (Entered: 09/24/2019)
2019-10-1139Seventh Joint Status Report and MOTION for Additional Scheduling Order by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 11/1/2019. (BOND, EMMA) Modified on 10/11/2019 for consistency (akr). (Entered: 10/11/2019)
2019-10-1540ORDER granting without objection 39 Joint Motion for Order setting briefing schedule on redaction disputes. The parties having filed a joint status report, with a proposed briefing schedule on the challenged redactions, as contemplated by the court's order dated September 24, 2019, the following briefing schedule to resolve redaction disputes is ORDERED: By October 23, 2019, the Plaintiffs shall file an appendix with all public documents containing redactions that Plaintiffs intend to challenge; by November 8, 2019, the Defendants shall file final Vaughn indices explaining the bases for the challenged redactions; by December 6, 2019, the Plaintiffs shall file a brief, no longer than 20 pages, challenging the legal bases for the redactions; by January 10, 2020, the Defendants shall file a responsive brief, no longer than 20 pages, in support of the redactions; and, by January 24, 2020, the Plaintiffs shall file a reply brief, no longer than 7 pages, in support of their challenges. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2019)
2019-10-15Set Deadlines : Defendant shall file Vaughn indices by 11/8/2019. Plaintiffs' Brief (1) due by 12/6/2019. Defendants' Responsive Brief (2) due by 1/10/2020. Plaintiffs' Reply Brief (3) due by 1/24/2020. (akr) (Entered: 10/15/2019)
2019-10-1841APPENDIX of Challenge to Redactions Under FOIA by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (Attachments: # 1 Appendix)(HEIDEN, ZACHARY) Modified on 10/21/2019 to replace "Administrative Record" with "Appendix" (akr). (Entered: 10/18/2019)
2019-11-1242STATUS REPORT by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - ICE Vaughn Index, # 2 Exhibit B - CBP Vaughn Index)(CONCANNON, JAMES) (Entered: 11/12/2019)
2019-12-0543Consent MOTION to Amend Scheduling Order for briefing on redaction disputes by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 12/26/2019. (BOND, EMMA) (Entered: 12/05/2019)
2019-12-0944ORDER granting without objection 43 Consent Motion to Amend Scheduling Order. By December 20, 2019, the Plaintiffs shall file a brief, no longer than 20 pages, challenging the legal bases for the redactions; by January 24, 2020, the Defendants shall file a responsive brief, no longer than 20 pages, in support of the redactions; and, by February 7, 2020, the Plaintiffs shall file a reply brief, no longer than 7 pages, in support of their challenges. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 12/09/2019)
2019-12-09Reset Deadlines : Plaintiffs' Brief Deadline (1) due by 12/20/2019. Defendants' Responsive Brief Deadline (2) due by 1/24/2020. Plaintiffs' Reply Brief Deadline (3) due by 2/7/2020. (akr) (Entered: 12/09/2019)
2019-12-2045STATUS REPORT by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A - ICE Vaughn Index, # 2 Exhibit B - CBP Vaughn Index)(CONCANNON, JAMES) (Entered: 12/20/2019)
2019-12-2046OBJECTION to Redaction of Public Records by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) Modified on 1/8/2020 to modify docket entry per the court (nrg). (Entered: 12/20/2019)
2020-01-08SET Deadlines as to 46 OBJECTION pursuant to ECF No. 44: Responses due by 1/24/2020. Reply due by 2/7/2020. (nrg) (Entered: 01/08/2020)
2020-01-2247Consent MOTION to Extend Time and to Amend Scheduling Order by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 2/12/2020. (CONCANNON, JAMES) (Entered: 01/22/2020)
2020-01-2348ORDER granting without objection 47 Motion to Extend Time. By February 5, 2020, the Defendants shall file a responsive brief, no longer than 20 pages, in support of the redactions; and, by February 19, 2020, the Plaintiffs shall file a reply brief, no longer than 7 pages, in support of their challenges. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/23/2020)
2020-01-23***FILED IN ERROR*** Reset Deadlines : Defendants' Responsive Brief (2) due by 1/24/2020. Plaintiffs' Reply Brief (3) due by 2/7/2020. (akr) Modified on 1/27/2020 (akr). (Entered: 01/23/2020)
2020-01-2749NOTICE of Docket Entry Modification regarding Set/Reset Deadlines : This entry has been marked "Filed in Error" and the deadlines have been terminated. (akr) (Entered: 01/27/2020)
2020-01-27Reset Deadlines pursuant to the Order at ECF #48 as to 46 OBJECTION : Responses due by 2/5/2020. Reply due by 2/19/2020. (akr) Modified on 1/27/2020 (akr). (Entered: 01/27/2020)
2020-01-2750NOTICE of Docket Entry Modification regarding Set/Reset Motion and R&R Deadlines/Hearings : This entry has been modified to add "pursuant to the Order at ECF #48." (akr) (Entered: 01/27/2020)
2020-01-3151Consent MOTION for Enlargement of Page Limit by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 2/21/2020. (CONCANNON, JAMES) (Entered: 01/31/2020)
2020-02-0352ORDER granting without objection 51 Motion for leave to file overlong brief. By February 5, 2020, the Defendants shall file a responsive brief, no longer than 25 pages, in support of the redactions. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/03/2020)
2020-02-0553AFFIDAVIT of Justin A. Bristow , Acting FOIA Coordinator for CBP filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 02/05/2020)
2020-02-0554RESPONSE to 46 OBJECTION to Redaction of Records filed by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 02/05/2020)
2020-02-1255Consent MOTION Enlargement of Page Limit in Reply by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 3/4/2020. (BOND, EMMA) (Entered: 02/12/2020)
2020-02-1456ORDER granting without objection 55 Motion for leave to file overlong brief. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 02/14/2020)
2020-02-1957REPLY to Response to Motion re 46 OBJECTION Reply in Opposition to Redaction under FOIA filed by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) (Entered: 02/19/2020)
2020-07-0658MEMORANDUM DECISION AND ORDER ON OBJECTION TO PUBLIC RECORD REDACTIONS PURSUANT TO FOIA re 46 Objection to Redaction of Public Records. By MAGISTRATE JUDGE JOHN H. RICH III. (slg) Modified docket text per the court on 7/7/2020 (slg). (Entered: 07/06/2020)
2020-07-06Set Deadlines per Order #58: ICE and CBP to produce documents to the ACLU by 7/20/2020. (slg) (Entered: 07/06/2020)
2020-07-1759Consent MOTION to Extend Time to Produce Documents by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 8/7/2020. (CONCANNON, JAMES) (Entered: 07/17/2020)
2020-07-2060ORDER granting without objection 59 Motion to Extend Time. Defendant CBP shall reproduce to plaintiffs its previous document productions with certain redactions removed consistent with the court's July 6, 2020, Order, ECF No. 58, by August 19, 2020. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 07/20/2020)
2020-09-0361Consent MOTION for Order for Negotiation and Briefing on Motion for Attorney Fees by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION Responses due by 9/24/2020. (BOND, EMMA) (Entered: 09/03/2020)
2020-09-0462ORDER granting without objection 61 Consent Motion for Order for briefing on motion for attorney fees. By agreement of the parties, the court orders the parties to seek agreement regarding reasonable attorney fees in this matter, with the following briefing schedule if negotiations are unsuccessful: September 25, 2020: Deadline by which the parties shall attempt to reach agreement on attorney fees; October 23, 2020: Deadline by which, absent agreement, the Plaintiffs shall file their fee petition; November 20, 2020: Deadline by which, absent agreement, the Defendants shall file their opposition; and December 11, 2020: Deadline by which, absent agreement, the Plaintiffs shall file their reply. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/04/2020)
2020-09-2363Consent MOTION to Amend Scheduling Order for Briefing on Motion for Attorney's Fees by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 10/14/2020. (CONCANNON, JAMES) (Entered: 09/23/2020)
2020-09-2464ORDER granting without objection 63 Motion to Amend Scheduling Order. The parties presently continuing to engage in good faith settlement negotiations, the court's September 4 order, ECF No. 62, is amended as follows: November 25, 2020: Deadline by which the parties shall attempt to reach agreement on attorney fees; December 23, 2020: Deadline by which, absent agreement, the Plaintiffs shall file their fee petition; January 22, 2021: Deadline by which, absent agreement, the Defendants shall file their opposition; and February 12, 2021: Deadline by which, absent agreement, the Plaintiffs shall file their reply. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/24/2020)
2020-09-24Set Deadlines : Pursuant to the Order at ECF #64 - absent agreement, fee petition (1) due by 12/23/2020. (aks) Modified on 9/25/2020 to correct date filed (aks). (Entered: 09/25/2020)
2020-11-2565Consent MOTION to Amend Scheduling Order for Briefing on Motion for Attorney's Fees by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 12/16/2020. (CONCANNON, JAMES) (Entered: 11/25/2020)
2020-11-3066ORDER granting without objection 65 Motion to Amend Scheduling Order. Settlement negotiations remaining ongoing, the court's September 4 order, ECF No. 62, as amended, is further amended as follows: December 9, 2020: Deadline by which the parties shall attempt to reach agreement on attorney fees; January 11, 2021: Deadline by which, absent agreement, the Plaintiffs shall file their fee petition; February 12, 2021: Deadline by which, absent agreement, the Defendants shall file their opposition; and February 26, 2021: Deadline by which, absent agreement, the Plaintiffs shall file their reply. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/30/2020)
2020-11-30Reset Deadlines : Pursuant to the Order at ECF #64 and extended by ECF #66 - absent agreement, fee petition (1) due by 1/11/2021. (aks) (Entered: 11/30/2020)
2020-12-0967STIPULATION of Dismissal by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (Attachments: # 1 Exhibit A - Settlement Agreement)(BOND, EMMA) (Entered: 12/09/2020)
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