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Case TitleAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION v. US CITIZENSHIP AND IMMIGRATION SERVICES
DistrictDistrict of Maine
CityPortland
Case Number2:2020cv00422
Date Filed2020-11-12
Date ClosedOpen
JudgeJUDGE JOHN A. WOODCOCK, JR
PlaintiffAMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION
Case DescriptionThe ACLU of Maine submitted a FOIA request to U.S. Citizenship and Immigration Service for records concerning the denial of asylum applications by the Newark Asylum Office and the Boston sub-office. The ACLU of Maine also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency granted the ACLU of Maine's request for a fee waiver but denied its request for expedited processing. The ACLU of Maine filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency, the ACLU of Maine filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUS CITIZENSHIP AND IMMIGRATION SERVICES
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 [57]
Opinion/Order [59]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-121COMPLAINT against US CITIZENSHIP AND IMMIGRATION SERVICES 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 MAINE FOUNDATION. (Service of Process Deadline 2/10/2021) Fee due by 11/16/2020. (Attachments: # 1 Exhibit A - USCIS Boston and Newark FOIA, # 2 Exhibit B - USCIS FOIA initial response, # 3 Exhibit C - FOIA appeal, # 4 Exhibit D - USCIS decision on Admin appeal, # 5 Exhibit E - email to FOIA Ombudsman redacted, # 6 Exhibit F - receipt of request to FOIA Ombudsman, # 7 Exhibit G - USCIS FOIA PA check status)(bfa) (Entered: 11/12/2020)
2020-11-122CIVIL COVER SHEET. (bfa) (Entered: 11/12/2020)
2020-11-12Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number AMEDC-2365880.), filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION.(BOND, EMMA) (Entered: 11/12/2020)
2020-11-133ORDER OF RECUSAL. MAGISTRATE JUDGE JOHN H. RICH III recused. By MAGISTRATE JUDGE JOHN H. RICH III. (slg) (Entered: 11/13/2020)
2020-11-164Summons Issued as to US CITIZENSHIP AND IMMIGRATION SERVICES. 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). (tcs) (Entered: 11/16/2020)
2020-12-015AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. US CITIZENSHIP AND IMMIGRATION SERVICES served on 11/19/2020. (BOND, EMMA) Modified on 12/15/2020 to correct date from 11/24/2020 to 11/19/2020(tcs). (Entered: 12/01/2020)
2020-12-01Set Answer Deadline for US CITIZENSHIP AND IMMIGRATION SERVICES: Answer due by 1/25/2021. (tcs) (Entered: 12/01/2020)
2020-12-01Set Deadlines: Maine has transitioned to the NextGen ECF filing system; therefore, to complete the admissions process, Attorney JULIA BROWN must register for a PACER account and/or register for e-filing rights in the District of Maine via PACER at www.pacer.gov by 12/8/2020. For more details on NextGen/Pacer go to our website at www.med.uscourts.gov. (tcs) (Entered: 12/01/2020)
2020-12-076NOTICE of Appearance by ASHLEY E. EILER on behalf of US CITIZENSHIP AND IMMIGRATION SERVICES (EILER, ASHLEY) (Entered: 12/07/2020)
2020-12-147Consent MOTION to Extend Time to File Answer re 1 Complaint,,, by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 1/4/2021. (EILER, ASHLEY) (Entered: 12/14/2020)
2020-12-158ORDER granting 7 Motion to Extend Time to File Response to Complaint. Time is extended to January 11, 2021. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 12/15/2020)
2020-12-15Reset Answer Deadline for US CITIZENSHIP AND IMMIGRATION SERVICES: Answer due by 1/11/2021. (tcs) (Entered: 12/15/2020)
2021-01-119ANSWER to 1 Complaint,,, by US CITIZENSHIP AND IMMIGRATION SERVICES.(EILER, ASHLEY) (Entered: 01/11/2021)
2021-01-1110NOTICE of Hearing: Telephone Conference set for 1/15/2021 at 2:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 01/11/2021)
2021-01-1511Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Julie Edgecomb) (MFS) (Entered: 01/15/2021)
2021-01-1912PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 01/19/2021)
2021-01-19Set Deadlines: Per Order #12, Status Report and proposed Scheduling Order due by 2/19/2021. (MFS) (Entered: 01/19/2021)
2021-02-1913STATUS REPORT (Joint) by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (BOND, EMMA) (Entered: 02/19/2021)
2021-03-0114NOTICE of Hearing: Telephone Conference set for 3/10/2021 at 9:00 AM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 03/01/2021)
2021-03-1015Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Julie Edgecomb) (MFS) (Entered: 03/10/2021)
2021-03-1116PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 03/11/2021)
2021-05-1217NOTICE of Hearing: Telephone Conference set for 7/12/2021 at 3:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information.(MFS) (Entered: 05/12/2021)
2021-07-0118NOTICE of Rescheduled Hearing: Telephone Conference reset for 7/20/2021 at 2:00 PM before MAGISTRATE JUDGE JOHN C. NIVISON. The parties have been provided with the Court's call-in information. (MFS) (Entered: 07/01/2021)
2021-07-0219NOTICE of Appearance by KATELYN SANER on behalf of US CITIZENSHIP AND IMMIGRATION SERVICES (SANER, KATELYN) (Entered: 07/02/2021)
2021-07-2020Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN C. NIVISON: Telephone Conference held. Order to issue. (Court Reporter: Julie Edgecomb) (MFS) (Entered: 07/20/2021)
2021-07-2121PROCEDURAL ORDER. By MAGISTRATE JUDGE JOHN C. NIVISON. (MFS) (Entered: 07/21/2021)
2021-07-21Set Deadlines: Per Order #21, proposed scheduling order due by 8/6/2021. (MFS) (Entered: 07/21/2021)
2021-08-0522JOINT PROPOSED SCHEDULING ORDER by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (BOND, EMMA) Modified on 8/5/2021 to clarify docket text (lrt). (Entered: 08/05/2021)
2021-08-0923ORDER - The Court adopts the parties' proposed scheduling order (ECF No. 22) as the scheduling order to govern the parties' summary judgment filings. By MAGISTRATE JUDGE JOHN C. NIVISON. Defendant's Motion for Summary Judgment due by 10/15/2021. Plaintiff's Response due by 11/5/2021. Defendant's Reply due by 12/3/2021. Plaintiff's Cross Motion for Summary Judgment due by 11/5/2021. Defendant's Response due by 12/3/2021. Plaintiff's Reply due by 12/17/2021. (tcs) (Entered: 08/09/2021)
2021-10-0424Consent MOTION to Amend Scheduling Order For Modification of Joint Proposed Scheduling Order by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 10/25/2021. (SANER, KATELYN) (Entered: 10/04/2021)
2021-10-0425ORDER granting 24 Motion to Amend Scheduling Order. Deadline for Defendant to file motion for summary judgment is extended to November 12, 2021; deadline for Plaintiff to file cross-motion for summary judgment and response to Defendant's motion for summary judgment is extended to December 10, 2021; deadline for Defendant to file response to Plaintiff's cross-motion for summary judgment and reply in support of motion for summary judgment is extended to January 14, 2022; deadline for Plaintiff to file reply in support of motion for summary judgment is extended to January 28, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 10/04/2021)
2021-10-04Reset Deadlines: Defendant's Motions for Summary Judgment due by 11/12/2021. Plaintiff's Cross Motion for Summary Judgment due by 12/10/2021. (tcs) (Entered: 10/04/2021)
2021-11-0526JOINT MOTION TO ENLARGE PLAINTIFF'S AND DEFENDANT'S SUMMARY JUDGMENT BRIEF PAGE LIMIT by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 11/26/2021. (SANER, KATELYN) Modified on 11/5/2021 to clarify motion and docket text (lrt). (Entered: 11/05/2021)
2021-11-0527ORDER granting 26 Motion for Leave to File Summary Judgment Briefs in Excess of Page Limit. Relief granted as requested. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 11/05/2021)
2021-11-0928Consent MOTION for Modification of the Parties' Summary Judgment Briefing Scheduling Order by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 11/30/2021. (SANER, KATELYN) (Entered: 11/09/2021)
2021-11-1029ORDER granting 28 Motion for Modification of Summary Judgment Briefing Schedule. Deadline for Defendant to file motion for summary judgment is extended to November 19, 2021; deadline for Plaintiff to file cross-motion for summary judgment and response to Defendant's motion for summary judgment is extended to December 17, 2021; deadline for Defendant to file response to Plaintiff's cross-motion for summary judgment and reply in support of motion for summary judgment is extended to January 21, 2022; deadline for Plaintiff to file reply in support of motion for summary judgment is extended to February 4, 2022. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 11/10/2021)
2021-11-10Reset Deadlines per Order No. 29: Defendant's Motion for Summary Judgment due by 11/19/2021. Plaintiff's Cross-Motion for Summary Judgment due by 12/17/2021. (lrt) (Entered: 11/10/2021)
2021-11-1930AFFIDAVIT of Elliot Viker Declaration of Elliot Viker in Support of Defendant's Motion for Summary Judgment filed by US CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - USCIS FOIA Acknowledgement Letter, # 3 Exhibit C - Production Cover Letters, # 4 Exhibit D - Nov. 1 Email, # 5 Exhibit E - Nov. 2 Email, # 6 Exhibit F - Vaughn Index)(SANER, KATELYN) (Entered: 11/19/2021)
2021-11-1931STATEMENT OF FACT Defendant's Statement of Undisputed Material Facts by US CITIZENSHIP AND IMMIGRATION SERVICES. (SANER, KATELYN) (Entered: 11/19/2021)
2021-11-1932MOTION for Summary Judgment by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 12/10/2021. (SANER, KATELYN) (Entered: 11/19/2021)
2021-11-19Reset Deadlines per ECF No. 29 as to 32 MOTION for Summary Judgment : Responses due by 12/17/2021. (tcs) (Entered: 11/19/2021)
2021-11-2933NOTICE of Appearance by ZACHARY L. HEIDEN on behalf of AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION (HEIDEN, ZACHARY) (Entered: 11/29/2021)
2021-12-0834NOTICE of Appearance by ANAHITA SOTOOHI on behalf of AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION (SOTOOHI, ANAHITA) (Entered: 12/08/2021)
2021-12-1735Cross MOTION for Summary Judgment by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 1/7/2022. (SOTOOHI, ANAHITA) (Entered: 12/17/2021)
2021-12-1736RESPONSE to Motion re 32 MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. Reply due by 1/3/2022. (SOTOOHI, ANAHITA) (Entered: 12/17/2021)
2021-12-1737STATEMENT OF FACT by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (Attachments: # 1 Affidavit Ex 1 Affidavit of Basileus Zeno)(SOTOOHI, ANAHITA) (Entered: 12/17/2021)
2021-12-1738RESPONSE to Statement of Fact filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (Attachments: # 1 Affidavit Ex 1 Affidavit of Basileus Zeno)(SOTOOHI, ANAHITA) (Entered: 12/17/2021)
2021-12-17Reset Deadlines as to 32 MOTION for Summary Judgment - Reply due by 1/21/2022. Reset Deadlines as to 35 Cross MOTION for Summary Judgment - Responses due by 1/21/2022. (tcs) (Entered: 12/20/2021)
2021-12-3039MOTION by Attorney Julia Brown to Withdraw as Attorney by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 1/20/2022. (BROWN, JULIA) (Entered: 12/30/2021)
2021-12-3040ORDER granting 39 Motion by Attorney Julia Brown to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 12/30/2021)
2022-01-1841Consent MOTION to Extend Time for Extension of Time and To Enlarge Page Limit for Defendant's Consolidated Reply in Support of Defendant's Motion for Summary Judgment and Opposition to Plaintiff's Motion for Summary Judgment by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 2/8/2022. (SANER, KATELYN). Added MOTION for Leave to File on 1/18/2022 (tcs). (Entered: 01/18/2022)
2022-01-1842ORDER granting 41 Motion to Extend Time to File Reply in Support of Defendant's Motion for Summary Judgment and to File Response to Plaintiff's Motion for Summary Judgment; time is extended to January 26, 2022; granting 41 Motion for Leave to File Excess Pages; the page limit is enlarged as requested. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 01/18/2022)
2022-01-19Reset Deadlines as to 32 MOTION for Summary Judgment - Reply due by 1/26/2022. Reset Deadlines as to 35 Cross MOTION for Summary Judgment - Responses due by 1/26/2022. (tcs) (Entered: 01/19/2022)
2022-01-2643AFFIDAVIT of Ebbed Joseph filed by US CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(SANER, KATELYN) (Entered: 01/26/2022)
2022-01-2644AFFIDAVIT of Cynthia Munita filed by US CITIZENSHIP AND IMMIGRATION SERVICES. (SANER, KATELYN) (Entered: 01/26/2022)
2022-01-2645AFFIDAVIT of Katelyn Saner filed by US CITIZENSHIP AND IMMIGRATION SERVICES. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(SANER, KATELYN) (Entered: 01/26/2022)
2022-01-2646Consolidated Response to Statement of Fact with Additional Facts by US CITIZENSHIP AND IMMIGRATION SERVICES. (SANER, KATELYN) Modified on 1/26/2022 to clean up docket text(lrt). (Entered: 01/26/2022)
2022-01-2647Reply to Motion re 32 MOTION for Summary Judgment, Response 35 Cross MOTION for Summary Judgment filed by US CITIZENSHIP AND IMMIGRATION SERVICES. Reply due by 2/9/2022. (SANER, KATELYN) Modified on 1/26/2022 to clean up docket text(lrt). (Entered: 01/26/2022)
2022-02-0248Consent MOTION Expand page limits for reply in support of motion for summary judgment by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 2/23/2022. (SOTOOHI, ANAHITA) (Entered: 02/02/2022)
2022-02-0249ORDER granting 48 Motion to Expand Page Limits By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 02/02/2022)
2022-02-0950REPLY TO ADDITIONAL Statement of Fact filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (SOTOOHI, ANAHITA) (Entered: 02/09/2022)
2022-02-0951REPLY to Response to Motion re 35 Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (SOTOOHI, ANAHITA) (Entered: 02/09/2022)
2022-03-1752MOTION by Attorney Ashley E. Eiler to Withdraw as Attorney by US CITIZENSHIP AND IMMIGRATION SERVICES Responses due by 4/7/2022. (EILER, ASHLEY) (Entered: 03/17/2022)
2022-03-1853ORDER granting 52 Motion by Ashley E. Eiler to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 03/18/2022)
2022-04-0554MOTION by Attorney Emma Bond to Withdraw as Attorney by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION Responses due by 4/26/2022. (BOND, EMMA) (Entered: 04/05/2022)
2022-04-0555ORDER granting 54 Motion by Attorney Emma Bond to Withdraw as Attorney. By MAGISTRATE JUDGE JOHN C. NIVISON. (NIVISON, JOHN) (Entered: 04/05/2022)
2022-04-1156NOTICE of Appearance by CAROL GARVAN on behalf of AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION (GARVAN, CAROL) (Entered: 04/11/2022)
2022-05-3157REPORT AND RECOMMENDED DECISION re 32 MOTION for Summary Judgment filed by US CITIZENSHIP AND IMMIGRATION SERVICES, 35 Cross MOTION for Summary Judgment filed by AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION By MAGISTRATE JUDGE JOHN C. NIVISON. (tcs) (Entered: 05/31/2022)
2022-05-31Set Deadlines per ECF No. 57: Defendant's In Camera Papers due by 6/7/2022. (tcs) (Entered: 05/31/2022)
2022-06-0658STATUS REPORT Defendant's Status Update Regarding Defendant's In Camera Papers by US CITIZENSHIP AND IMMIGRATION SERVICES. (SANER, KATELYN) (Entered: 06/06/2022)
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