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Case TitleAmerican Civil Liberties Union of Massachusetts et al v. Immigration and Customs Enforcement
DistrictDistrict of Massachusetts
CityBoston
Case Number1:2021cv10761
Date Filed2021-05-10
Date ClosedOpen
JudgeDistrict Judge Angel Kelley
PlaintiffAmerican Civil Liberties Union of Massachusetts
PlaintiffAmerican Oversight
Case DescriptionThe ACLU of Massachusetts and American Oversight submitted FOIA requests to U.S. Immigration and Customs Enforcement concerning records on the indictment of District Court Judge Shelley Richmond and court officer Wesley MacGregor for allowing an individual to leave the court by the backdoor to avoid being arrested by ICE agents at the front of the court house. The agency acknowledged receipt of the request. The agency then told the ACLU of Massachusetts and American Oversight that it could not release records on Richmond and MacGregor without a third-party authorization. After hearing nothing further from the agency, the ACLU of Massachusetts and American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantImmigration 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 [48]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-101COMPLAINT against Immigration and Customs Enforcement Filing fee: $ 402, receipt number 0101-8766115 (Fee Status: Filing Fee paid), filed by American Civil Liberties Union of Massachusetts, American Oversight. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Civil Cover Sheet, # 7 Category Form)(Oehlke, Krista) (Entered: 05/10/2021)
2021-05-102NOTICE of Appearance by Daniel L. McFadden on behalf of American Civil Liberties Union of Massachusetts (McFadden, Daniel) (Entered: 05/10/2021)
2021-05-103ELECTRONIC NOTICE of Case Assignment. Judge Nathaniel M. Gorton assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Marianne B. Bowler. (Finn, Mary) (Entered: 05/10/2021)
2021-05-104Summons Issued as to Immigration and Customs Enforcement. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Pacho, Arnold) (Entered: 05/10/2021)
2021-05-105CORPORATE DISCLOSURE STATEMENT by American Civil Liberties Union of Massachusetts. (Oehlke, Krista) (Entered: 05/10/2021)
2021-05-106NOTICE of Appearance by Matthew Segal on behalf of American Civil Liberties Union of Massachusetts (Segal, Matthew) (Entered: 05/10/2021)
2021-05-107NOTICE of Appearance by Katherine M. Anthony on behalf of American Oversight (Anthony, Katherine) (Entered: 05/10/2021)
2021-05-108CORPORATE DISCLOSURE STATEMENT by American Oversight. (Anthony, Katherine) (Entered: 05/10/2021)
2021-05-139AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts. Acknowledgement filed by American Civil Liberties Union of Massachusetts. (Oehlke, Krista) (Entered: 05/13/2021)
2021-05-1310AFFIDAVIT OF SERVICE Executed by American Civil Liberties Union of Massachusetts. Acknowledgement filed by American Civil Liberties Union of Massachusetts. (Oehlke, Krista) (Entered: 05/13/2021)
2021-05-1711SUMMONS Returned Executed as to US Attorney by American Civil Liberties Union of Massachusetts. Immigration and Customs Enforcement served on 5/17/2021, answer due 7/16/2021. (Oehlke, Krista) (Entered: 05/17/2021)
2021-05-1912NOTICE of Appearance by Michael P. Sady on behalf of Immigration and Customs Enforcement (Sady, Michael) (Entered: 05/19/2021)
2021-06-1713ANSWER to 1 Complaint, by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 06/17/2021)
2021-06-2214NOTICE of Scheduling Conference Scheduling Conference, to be held by telephone, set for 7/27/2021 11:00 AM in Remote Proceeding : Boston before Judge Nathaniel M. Gorton. (Lima, Christine) (Entered: 06/22/2021)
2021-07-2015CERTIFICATION pursuant to Local Rule 16.1 . (Oehlke, Krista) (Entered: 07/20/2021)
2021-07-2016CERTIFICATION pursuant to Local Rule 16.1 . (Sady, Michael) (Entered: 07/20/2021)
2021-07-2017CERTIFICATION pursuant to Local Rule 16.1 . (Anthony, Katherine) (Entered: 07/20/2021)
2021-07-2018Joint JOINT STATEMENT of counsel . (Sady, Michael) (Entered: 07/20/2021)
2021-07-2719Electronic Clerk's Notes for proceedings held before Judge Nathaniel M. Gorton: Scheduling Conference held by telephone on 7/27/2021. Joint Statement can be adopted as the order of the Court, however, Summary Judgment hearings are only scheduled as deemed necessary by the Court. If a hearing is necessary, it will be held in January, 2022 on a date convenient for the Court. (Court Reporter: No Court Reporter Used.)(Attorneys present: Oehilke, McFadden, Anthony, Sady) (Lima, Christine) (Entered: 07/28/2021)
2021-10-1920ELECTRONIC NOTICE of Reassignment. District Judge Angel Kelley added. Judge Nathaniel M. Gorton no longer assigned to case. (Danieli, Chris) (Entered: 10/19/2021)
2021-10-2221Assented to MOTION to Continue scheduling dates to forty-five (45) days by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 10/22/2021)
2021-10-2922District Judge Angel Kelley: ELECTRONIC ORDER entered re 21 Assented to MOTION to Continue. The Motion to Continue Scheduling Order Deadlines is GRANTED. Defendant shall file its motion for summary judgment, including a Vaughn index , by December 10, 2021. Plaintiffs shall file their opposition to Defendant's motion for summary judgment and any cross-motion for summary judgment by January 7, 2022. Defendant shall file its reply and cross-opposition by January 21, 2022. Plaintiffs shall file their cross-reply by February 4, 2022. (Pacho, Arnold) (Entered: 10/29/2021)
2021-12-1023Assented to MOTION for Extension of Time to 12/13/21 to File Motion for Summary Judgment by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 12/10/2021)
2021-12-1024District Judge Angel Kelley: ELECTRONIC ORDER entered granting 23 Defendant's Assented-to Motion for Extension of Time. Motion for Summary Judgment shall be filed by December 13, 2021. All other deadlines previously set at Dkt. No. 22 remain in effect. (Lara, Miguel) (Entered: 12/10/2021)
2021-12-1425MOTION for Summary Judgment by Immigration and Customs Enforcement.(Sady, Michael) (Entered: 12/14/2021)
2021-12-1426MEMORANDUM in Support re 25 MOTION for Summary Judgment filed by Immigration and Customs Enforcement. (Sady, Michael) (Entered: 12/14/2021)
2021-12-1427Statement of Material Facts L.R. 56.1 re 25 MOTION for Summary Judgment filed by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit)(Sady, Michael) (Entered: 12/14/2021)
2022-01-0528MOTION for Extension of Time to 1/11/22 to file its Cross-Motion for Summary Judgment and Opposition to Defendants Motion for Summary Judgment by American Civil Liberties Union of Massachusetts, American Oversight.(Oehlke, Krista) (Entered: 01/05/2022)
2022-01-0629District Judge Angel Kelley: ELECTRONIC ORDER entered granting 28 Assented-to Motion for Extension of Time to File Response/Reply re 25 MOTION for Summary Judgment. Responses due by 1/11/2022. (Lara, Miguel) (Entered: 01/06/2022)
2022-01-1130Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, American Oversight.(Oehlke, Krista) (Entered: 01/11/2022)
2022-01-1131MEMORANDUM in Opposition re 25 MOTION for Summary Judgment and in Support of Cross Motion for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight. (Oehlke, Krista) (Main Document 31 replaced on 1/12/2022 at request of plaintiff and assent of defendant, to correct citations and table of contents. NEF regenerated to all parties.) (Lara, Miguel). (Entered: 01/11/2022)
2022-01-1132Statement of Material Facts L.R. 56.1 re 30 Cross MOTION for Summary Judgment , 25 MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight. (Oehlke, Krista) (Entered: 01/11/2022)
2022-01-1133DECLARATION re 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment by American Civil Liberties Union of Massachusetts, American Oversight. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Errata K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X)(Oehlke, Krista) (Entered: 01/11/2022)
2022-01-2534Assented to MOTION for Extension of Time to Extend Scheduling Order Deadlines by Immigration and Customs Enforcement.(Sady, Michael) Modified on 1/26/2022 to change ECF event. (Lara, Miguel). (Entered: 01/25/2022)
2022-01-2635District Judge Angel Kelley: ELECTRONIC ORDER entered granting 34 Assented-to Motion for Extension of Time to File Response/Reply re 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment. Defendant's Reply and Cross-Opposition shall be filed on or before February 14, 2022. Plaintiff's Cross-Reply shall be filed on or before February 28, 2022. (Lara, Miguel) (Entered: 01/26/2022)
2022-02-1136NOTICE of Change of Address or Firm Name by Krista Oehlke (Oehlke, Krista) (Entered: 02/11/2022)
2022-02-1437REPLY and CROSS OPPOSITION to Response to 30 Cross MOTION for Summary Judgment filed by Immigration and Customs Enforcement. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Sady, Michael) Modified on 2/16/2022 (Lara, Miguel). (Entered: 02/14/2022)
2022-02-1438Statement of Material Facts L.R. 56.1 re 30 Cross MOTION for Summary Judgment Defendant's Response to Plaintiff's Statement of Material Facts filed by Immigration and Customs Enforcement. (Sady, Michael) (Entered: 02/14/2022)
2022-02-2839REPLY to Response to 30 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight. (Oehlke, Krista) (Entered: 02/28/2022)
2022-03-0140ELECTRONIC NOTICE issued requesting courtesy copy for 39 Reply to Response to Motion, 38 Statement of Material Facts L.R. 56.1, 32 Statement of Material Facts L.R. 56.1, 37 Reply to Response to Motion, 30 Cross MOTION for Summary Judgment , 31 Memorandum in Opposition to Motion, 26 Memorandum in Support of Motion, 27 Statement of Material Facts L.R. 56.1, 33 Declaration,, 25 MOTION for Summary Judgment . Counsel who filed this document are requested to submit a courtesy copy of this document (or documents) to the Clerk's Office by 3/9/2022. These documents must be clearly marked as a Courtesy Copy and reflect the document number assigned by CM/ECF. (Lara, Miguel) (Entered: 03/01/2022)
2022-03-2341ELECTRONIC NOTICE Setting Hearing on Motions: 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment : Motion Hearing set for 4/27/2022 02:30 PM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 03/23/2022)
2022-04-1142NOTICE of Appearance by Thomas E. Kanwit on behalf of Immigration and Customs Enforcement (Kanwit, Thomas) (Entered: 04/11/2022)
2022-04-1143NOTICE of Withdrawal of Appearance by Michael P. Sady (Sady, Michael) (Entered: 04/11/2022)
2022-04-1244ELECTRONIC NOTICE Resetting Hearing on re 25 MOTION for Summary Judgment , 30 Cross MOTION for Summary Judgment : Motion Hearing set for 4/26/2022 11:00 AM in Courtroom 8 (In person only) before District Judge Angel Kelley. (Lara, Miguel) (Entered: 04/12/2022)
2022-04-2645Electronic Clerk's Notes for proceedings held before District Judge Angel Kelley: Motion Hearing held on 4/26/2022 re 30 Cross MOTION for Summary Judgment filed by American Civil Liberties Union of Massachusetts, American Oversight, 25 MOTION for Summary Judgment filed by Immigration and Customs Enforcement. Case called. The Court hears oral argument on the pending motions and takes the matters under advisement. (Court Reporter: Kristin Kelley at kmob929@gmail.com.)(Attorneys present: Krista Oehlke and Daniel McFadden for ACLU; Katherine M. Anthony for American Oversight; AUSA Kanwit for Government) (Lara, Miguel) (Entered: 04/26/2022)
2022-04-2646District Judge Angel Kelley: ELECTRONIC ORDER entered. Per counsel's representation at oral argument today, there is ambiguity as to the scope of the parties' disagreement concerning Defendant's invocation of FOIA Exemptions 5 and 7(E). By May 6, 2022 , the parties shall meet and confer, and submit a statement to the Court on the scope of this issue and what, if any, relief the parties request. (Lara, Miguel) (Entered: 04/26/2022)
2022-05-0447JOINT STATEMENT of counsel . (Oehlke, Krista) (Entered: 05/04/2022)
2022-06-0348District Judge Angel Kelley: MEMORANDUM AND ORDER ON CROSS-MOTIONS FOR SUMMARY JUDGMENT entered. The 25 30 cross-motions are DENIED without prejudice for the reasons stated in the attached Memorandum and Order. Defendant shall respond to this Order by July 18, 2022. (Lara, Miguel) (Entered: 06/03/2022)
2022-06-1349Transcript of Motion Hearing held on April 26, 2022, before Judge Angel Kelley. The Transcript may be purchased through the Court Reporter, viewed at the public terminal, or viewed through PACER after it is released. Court Reporter Name and Contact Information: Kristin Kelley at kmob929@gmail.com. Redaction Request due 7/5/2022. Redacted Transcript Deadline set for 7/14/2022. Release of Transcript Restriction set for 9/12/2022. (Coppola, Katelyn) (Entered: 06/17/2022)
2022-06-1350NOTICE is hereby given that an official transcript of a proceeding has been filed by the court reporter in the above-captioned matter. Counsel are referred to the Court's Transcript Redaction Policy, available on the court website at http://www.mad.uscourts.gov/attorneys/general-info.htm (Coppola, Katelyn) (Entered: 06/17/2022)
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