Case: Unidad Latina En Accion v. U.S. Dept. of Homeland Security

3:07-cv-01224 | U.S. District Court for the District of Connecticut

Filed Date: Aug. 10, 2007

Closed Date: 2009

Clearinghouse coding complete

Case Summary

On August 10, 2007, attorneys and law student interns with the Jerome N. Frank Legal Services Organization of the Yale Law School, filed a lawsuit under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), in the U.S. District Court for the District of Connecticut, seeking to compel the release of government records regarding the immigration enforcement policies, practices, and activities of the Immigration and Custom Enforcement Division of the Department of Homeland Security ("ICE") in an…

On August 10, 2007, attorneys and law student interns with the Jerome N. Frank Legal Services Organization of the Yale Law School, filed a lawsuit under the Freedom of Information Act, 5 U.S.C. § 552 ("FOIA"), in the U.S. District Court for the District of Connecticut, seeking to compel the release of government records regarding the immigration enforcement policies, practices, and activities of the Immigration and Custom Enforcement Division of the Department of Homeland Security ("ICE") in and around New Haven, Connecticut. Specifically, Plaintiffs sought the release of records relating to a June 6, 2007 immigration raid in New Haven, Connecticut, in which 29 individuals were arrested and detained. Plaintiffs alleged that the raid came on the heels of the approval of a municipal identification card program in New Haven. The Government filed an answer, generally denying Plaintiffs' allegations.

In April of 2008, the Government moved for summary judgment. During oral argument, the District Court (Judge Mark R. Kravitz) suggested he conduct an in camera review of certain categories of documents in dispute. In September of 2008, the Court issued its Ruling on Documents Submitted In Camera, holding that certain categories of documents containing individually identifiable information were properly withheld from disclosure, but that certain email documents were not exempt from disclosure. Unidad Latina En Acción v. U.S. Dep't of Homeland Sec., 253 F.R.D. 44 (D. Conn. 2008). The Court instructed the parties to use this ruling as a guide for resolving similar disputes.

On December 9, 2008, the Court (Judge Kravitz) entered its ruling on the adequacy of the Government's search. The Court ordered the Government to submit an additional declaration detailing three discrete aspects of its search, but stated that once the Government did so, it would be inclined to grant summary judgment on the adequacy of the search. However, the Plaintiffs then moved for relief from the order, stating that the Government had included false statements in one of the declarations that the Court had relied upon. The Court subsequently granted the Plaintiffs' motion and allowed them to depose certain ICE FOIA officers on the adequacy of the Government's search. The Government also withdrew its summary judgment motion insofar as it pertained to the adequacy of the search.

On January 30, 2009, the Court (Judge Kravitz) ruled on its second in camera review based on a certain set of redactions in the Government's documents. The Court ordered that the redactions were appropriate where the individually identifiable information could be matched to individuals, but held it was inappropriate to withhold such information when it was already in the public domain. With this ruling, the Court denied the Government's summary judgment motion as moot, as it had now conducted two in camera reviews and the Government had withdrawn another aspect of its motion.

The Government then submitted a third round of documents for the Court's review, with the dispute now centered on the scope of Plaintiffs' FOIA request. On March 27, 2009, the Court entered a text order stating that, for reasons stated during oral argument, the Government had properly withheld certain documents but not others.

In late May 2009, following the depositions of the ICE FOIA officers, the parties had worked out an agreement regarding the adequacy of the Government's searches. By November, the parties stipulated that, with the exception of costs and attorneys fees, no further relief was being sought from the Court, and stipulated to dismiss the claims with prejudice. The Court entered judgment for Plaintiffs in part and for the Government in part. In January of 2010, the parties settled the outstanding issues of costs and attorneys' fees, with the Government agreeing to pay Plaintiffs' counsel $64,000.00.

Summary Authors

Dan Dalton (2/26/2008)

Dan Whitman (10/15/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4201181/parties/en-accion-v-department-of-homeland-security/


Judge(s)

Kravitz, Mark R. (Connecticut)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Cox, Justin (Connecticut)

Klugman, Zoe (Connecticut)

Lasch, Christopher Nelson (Connecticut)

Metcalf, Hope R. (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

McConaghy, Michelle Lynn (Connecticut)

Morabito, Douglas P. (Connecticut)

O'Connor, Kevin J. (Connecticut)

Judge(s)

Kravitz, Mark R. (Connecticut)

Attorneys(s) for Plaintiff

Ahmad, Muneer I. (Connecticut)

Cox, Justin (Connecticut)

Klugman, Zoe (Connecticut)

Lasch, Christopher Nelson (Connecticut)

Metcalf, Hope R. (Connecticut)

Wishnie, Michael J. (Connecticut)

Attorneys(s) for Defendant

McConaghy, Michelle Lynn (Connecticut)

Morabito, Douglas P. (Connecticut)

O'Connor, Kevin J. (Connecticut)

Shin, Victoria S. (Connecticut)

Documents in the Clearinghouse

Document

Docket [PACER]

En Accion v. Department of Homeland Security

Jan. 19, 2010 Docket
1

Complaint for Declaratory and Injunctive Relief

Aug. 10, 2007 Complaint
6

Defendant's Answer

Unidad Latina En Accion v. Department of Homeland Security

Sept. 13, 2007 Pleading / Motion / Brief
37

Ruling on Documents Submitted In Camera

Unidad Latina en Acción v. U.S. Department of Homeland Security

253 F.R.D. 44

Sept. 30, 2008 Order/Opinion
60

Ruling on the Adequacy of DHS's Search

Unidad Latina en Acción v. U.S. Department of Homeland Security

2008 WL 5157849

Dec. 9, 2008 Order/Opinion
81

Ruling on Documents Submitted In Camera

Unidad Latina en Acción v. U.S. Department of Homeland Security

Jan. 30, 2009 Order/Opinion
119

Joint Stipulation Resolving All Remaining Claims Other Than Costs and Attorneys' Fees

Unidad Latina en Acción v. U.S. Department of Homeland Security

Nov. 4, 2009 Settlement Agreement
124

Stipulation for Compromise Settlement and Release of Claims Regarding Fees and Costs

Unidad Latina en Acción v. U.S. Department of Homeland Security

Jan. 15, 2010 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4201181/en-accion-v-department-of-homeland-security/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Department of Homeland Security ( Filing fee $ 350 receipt number N022076), filed by Unidad Latina En Accion, Junta for Progressive Action, Inc.(Rodko, B.) (Entered: 08/13/2007)

Aug. 10, 2007 RECAP

Summons Issued as to USA

Aug. 10, 2007 PACER
2

Order on Pretrial Deadlines: Motions to Dismiss due on 11/10/07.Amended Pleadings due by 10/9/2007.,Discovery due by 2/9/2008.,Dispositive Motions due by 3/10/2008.. Signed by Clerk on 8/10/07. (Rodko, B.) (Entered: 08/13/2007)

Aug. 10, 2007 PACER
3

ELECTRONIC FILING ORDER. Signed by Judge Mark R. Kravitz on 8/10/07. (Rodko, B.) (Entered: 08/13/2007)

Aug. 10, 2007 PACER
4

Corporate Disclosure Statement by Junta for Progressive Action, Inc. (Rodko, B.) (Entered: 08/13/2007)

Aug. 10, 2007 PACER

Summons Issued as to Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Rodko, B.)

Aug. 10, 2007 PACER
5

NOTICE of Appearance by Victoria S Shin on behalf of Department of Homeland Security (Shin, Victoria) (Entered: 09/13/2007)

Sept. 13, 2007 PACER
6

ANSWER to Complaint by Department of Homeland Security. (Attachments: # 1 Exhibit A# 2 Exhibit B# 3 Exhibit C# 4 Exhibit D# 5 Exhibit E)(Shin, Victoria) (Entered: 09/13/2007)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

4 Exhibit C

View on PACER

5 Exhibit D

View on PACER

6 Exhibit E

View on PACER

Sept. 13, 2007 PACER
7

MOTION for telephonic status Conference by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Text of Proposed Order)(Lasch, Christopher) (Entered: 10/18/2007)

2 Text of Proposed Order

View on PACER

Oct. 18, 2007 PACER
8

NOTICE by Unidad Latina En Accion, Junta for Progressive Action, Inc re 7 MOTION for telephonic status Conference (CERTIFICATE OF SERVICE) (Lasch, Christopher) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
9

MOTION Leave to Appear as Law Student by Unidad Latina En Accion.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)

Oct. 18, 2007 RECAP
10

MOTION for Leave to Appear as Law Student by Unidad Latina En Accion.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
11

MOTION for Leave to Appear as Law Student by Junta for Progressive Action, Inc.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
12

MOTION for Leave to Appear as Law Student by Junta for Progressive Action, Inc.Responses due by 11/8/2007 (Lasch, Christopher) (Entered: 10/18/2007)

Oct. 18, 2007 PACER
13

ORDER granting 7 Motion for Conference. A telephonic status conference will be held on October 22, 2007, at 11:30 a.m. Plaintiffs' counsel will initiate the conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. Signed by Judge Mark R. Kravitz on 10/19/2007. (Carotenuto, R.) (Entered: 10/19/2007)

Oct. 19, 2007 PACER

Set Deadlines/Hearings

Oct. 19, 2007 PACER
14

ORDER granting 9, 10, 11, 12 Motions to appear as Law Student Interns. Signed by Judge Mark R. Kravitz on 10/19/2007. (Carotenuto, R.) (Entered: 10/19/2007)

Oct. 19, 2007 PACER

Set Deadlines: Telephone Status Conference set for 10/22/2007 11:30 AM before Judge Mark R. Kravitz (Ghilardi, K.)

Oct. 19, 2007 PACER
15

Minute Entry for proceedings held before Judge Mark R. Kravitz : Telephone Status Conference held on 10/22/2007. 15 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 10/24/2007)

Oct. 22, 2007 PACER
16

First MOTION for Status Conference by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 03/03/2008)

March 3, 2008 PACER

Status Conference

March 4, 2008 PACER

Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 3/4/2008. 8 minutes(Court Reporter Finkelstein.) (Ghilardi, K.)

March 4, 2008 PACER
17

ORDER granting 16 Motion for Conference. The Court having conferred telephonically with counsel on March 4, 2008, the following schedule will govern: All Defendant agencies must file dispositive motions by April 4, 2008. No further extensions of this deadline will be granted for any reason. Plaintiffs shall file their responses no later than April 25, 2008. Defendants shall file their reply briefs no later than May 9, 2008. There will be no further extensions granted. Signed by Judge Mark R. Kravitz on 3/5/2008. (Carotenuto, R.) (Entered: 03/05/2008)

March 5, 2008 PACER

Set Deadlines/Hearings

March 5, 2008 PACER

Set Deadlines: Dispositive Motions due by 4/4/2008 (Ghilardi, K.)

March 5, 2008 PACER
18

NOTICE of Appearance by Douglas P. Morabito on behalf of Department of Homeland Security (Morabito, Douglas) (Entered: 04/04/2008)

April 4, 2008 PACER
19

MOTION for Summary Judgment by Department of Homeland Security.Responses due by 4/25/2008 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit to Declaration, # 4 Exhibit to declaration, # 5 Exhibit to declaration, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Statement of Material Facts)(Morabito, Douglas) (Entered: 04/04/2008)

2 Memorandum in Support

View on PACER

3 Affidavit

View on PACER

4 Exhibit to Declaration

View on PACER

5 Exhibit to declaration

View on PACER

6 Exhibit to declaration

View on PACER

7 Exhibit

View on PACER

8 Exhibit

View on PACER

9 Exhibit

View on PACER

10 Exhibit

View on PACER

11 Exhibit

View on PACER

12 Statement of Material Facts

View on PACER

April 4, 2008 PACER
20

OBJECTION re 19 MOTION for Summary Judgment of Defendant U.S. Dept. of Homeland Security filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Appendix of Unpublished Cases, # 2 Affidavit Declaration of Simon Moshenberg, # 3 Exhibit Exhibits A through E, # 4 Exhibit Exhibits F through S, # 5 Exhibit Exhibits T through U, # 6 Exhibit Exhibits T through EE, # 7 Statement of Material Facts 56a Statement)(Wishnie, Michael) (Entered: 04/25/2008)

1 Appendix of Unpublished Cases

View on RECAP

2 Appendix of Unpublished Cases

View on PACER

3 Affidavit Declaration of Simon Moshenberg

View on PACER

4 Exhibit Exhibits A through E

View on PACER

5 Exhibit Exhibits F through S

View on PACER

6 Exhibit Exhibits T through U

View on PACER

7 Exhibit Exhibits T through EE

View on PACER

8 Statement of Material Facts 56a Statement

View on PACER

April 25, 2008 RECAP
21

REPLY to Response to 19 MOTION for Summary Judgment filed by Department of Homeland Security. (Attachments: # 1 Supplement Declaration)(Morabito, Douglas) (Entered: 05/09/2008)

2 Supplement Declaration

View on PACER

May 9, 2008 PACER
22

ORDER Setting Hearing on Motion 19 MOTION for Summary Judgment: Oral argument set for 6/12/2008 at 03:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. Signed by Judge Mark R. Kravitz on 5/19/2008. (Carotenuto, R.) (Entered: 05/19/2008)

May 19, 2008 PACER
23

NOTICE of Appearance by Michelle Lynn Colson on behalf of Department of Homeland Security (Colson, Michelle) (Entered: 06/10/2008)

June 10, 2008 PACER
24

MOTION for Leave to Appear as Law Student Intern by Department of Homeland Security. (Colson, Michelle) (Entered: 06/10/2008)

June 10, 2008 PACER
25

ORDER granting 24 Motion to Permit Appearance of Law Student Intern. Signed by Judge Mark R. Kravitz on 6/11/2008. (Carotenuto, R.) (Entered: 06/11/2008)

June 11, 2008 PACER
26

Minute Entry. Proceedings held before Judge Mark R. Kravitz: taking under advisement 19 Motion for Summary Judgment; Motion Hearing held on 6/12/2008 re 19 MOTION for Summary Judgment filed by Department of Homeland Security. Total Time: 2 hours 6 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 06/13/2008)

June 12, 2008 RECAP
27

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 8/15/2008 at 09:00 AM before Judge Mark R. Kravitz for the purpose of discussing in camera review of documents. (Carotenuto, R.) (Entered: 08/07/2008)

Aug. 7, 2008 PACER
28

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/8/2008 at 03:30 PM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 08/15/2008)

Aug. 15, 2008 PACER
29

Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 8/15/2008. 46 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 08/21/2008)

Aug. 15, 2008 PACER
30

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. NOTE NEW TIME: Telephonic Conference reset for 9/8/2008 at 08:30 AM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 08/26/2008)

Aug. 26, 2008 PACER
31

MOTION to Withdraw Law Student Intern Appearance by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 08/28/2008)

Aug. 28, 2008 PACER
32

ORDER granting 31 Motion to Withdraw Law Student Intern Appearance of Justin Cox. Signed by Judge Mark R. Kravitz on 8/29/2008. (Carotenuto, R.) (Entered: 08/29/2008)

Aug. 29, 2008 PACER
33

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/4/2008 at 09:30 AM before Judge Mark R. Kravitz. Plaintiffs' attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 09/02/2008)

Sept. 2, 2008 PACER
34

Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 9/4/2008. 48 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 09/04/2008)

Sept. 4, 2008 PACER
35

ORDER. As discussed during an on-the-record telephonic conference on September 4, 2008, the Court sets the following schedule for supplemental filings: The Government will file a supplemental declaration from the Department of Homeland Security ("DHS") regarding additional searches no later than September 25, 2008. Plaintiffs must file any supplemental briefing related to the adequacy of the search no later than October 2, 2008, and the Government may respond no later than October 10, 2008. The Government will file a supplemental Vaughn Index regarding additional DHS documents no later than October 22, 2008. The parties will confer regarding the contents of the Index and the need for supplemental briefing and will submit a joint schedule for any additional briefing no later than October 31, 2008. Signed by Judge Mark R. Kravitz on 9/5/2008. (Carotenuto, R.) (Entered: 09/05/2008)

Sept. 5, 2008 PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

Sept. 5, 2008 PACER

Set Deadlines as to 19 MOTION for Summary Judgment. Responses due by 10/31/2008 (Ghilardi, K.)

Sept. 5, 2008 PACER
36

NOTICE by Department of Homeland Security Second Supplemental Declaration (Morabito, Douglas)in support of 19 Motion for Summary Judgment. Modified on 9/26/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 09/25/2008)

Sept. 25, 2008 PACER
37

RULING on Documents Submitted In Camera. Joint Proposal to be submitted no later than 10/14/2008. Signed by Judge Mark R. Kravitz on 9/30/2008. (Kelsey, N.) (Entered: 09/30/2008)

Sept. 30, 2008 RECAP
38

MOTION for Extension of Time to file response/reply to 19 motion for summary judgment until Oct. 9, 2008 re Plaintiffs' Supplemental Briefing 35 Order, by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) Modified on 10/2/2008 to correct event (Kelsey, N.). Modified on 10/10/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 10/01/2008)

Oct. 1, 2008 PACER
39

ORDER granting Plaintiffs' 38 Motion for Extension of Time. Plaintiffs' shall file their Supplemental Brief no later than October 9, 2008. The time for Defendant's Response is extended until October 17, 2008. Signed by Judge Mark R. Kravitz on 10/2/2008. (Flynn, E.) (Entered: 10/02/2008)

Oct. 2, 2008 PACER
40

First MOTION for Extension of Time to file response/reply until November 6, 2008 re 35 Order, by Department of Homeland Security. (Morabito, Douglas) re 19 motion for summary judgment. Modified on 10/3/2008 to correct event (Kelsey, N.). Modified on 10/10/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 10/03/2008)

Oct. 3, 2008 PACER
41

ORDER granting 40 Motion for Extension of Time. The Government shall file its supplemental Vaughn Index regarding additional DHS documents no later than November 6, 2008. Signed by Judge Mark R. Kravitz on 10/6/2008. (Flynn, E.) (Entered: 10/06/2008)

Oct. 6, 2008 PACER

Set Motion and Rcmd Ruling Deadlines/Hearings

Oct. 6, 2008 PACER

Set Deadlines as to Vaughn Index 19 MOTION for Summary Judgment. Responses due by 11/6/2006 (Ghilardi, K.)

Oct. 6, 2008 PACER
42

RESPONSE re 36 Notice Response to Second Supplemental Declaration re 19 motion for summary judgment filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Exhibit A)(Wishnie, Michael) Modified on 10/10/2008 to create link to document No. 19 (Kelsey, N.). (Entered: 10/09/2008)

2 Exhibit A

View on PACER

Oct. 9, 2008 PACER
43

STATUS REPORT by Department of Homeland Security. (Morabito, Douglas) (Entered: 10/14/2008)

Oct. 14, 2008 PACER
44

NOTICE by Department of Homeland Security re 36 Notice (Other) of Service (Morabito, Douglas) (Entered: 10/15/2008)

Oct. 15, 2008 PACER
45

ORDER. Based on the Status Report 43 filed with the Court on October 14, 2008, the Parties' deadline for filing a joint proposal that responds to the Court's Ruling on Documents Submitted In Camera 37 is extended to October 27, 2008. In addition, the Court previously granted the Government until November 6, 2008 to file its supplemental Vaughn Index regarding additional DHS documents 41 . Following the Government's filing of the supplemental Vaughn Index, the Court directs the Parties to confer regarding the contents of the Index and the need for supplemental briefing and to submit a joint schedule for any additional briefing no later than November 14, 2008. Signed by Judge Mark R. Kravitz on 10/15/2008. (Carotenuto, R.) (Entered: 10/15/2008)

Oct. 15, 2008 PACER
46

SCHEDULING ORDER: A Status Conference is set for 11/21/2008 at 02:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. Signed by Judge Mark R. Kravitz on 10/17/2008. (Carotenuto, R.) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
47

REPLY to Response to 19 MOTION for Summary Judgment filed by Department of Homeland Security. (Morabito, Douglas) (Entered: 10/17/2008)

Oct. 17, 2008 PACER
48

MOTION for Extension of Time until October 28, 2008 (with consent) to file joint proposal identifying next steps by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 10/27/2008)

Oct. 27, 2008 PACER
49

ORDER granting 48 Motion for Extension of Time. The deadline for the parties to file a joint proposal identifying next steps is extended to October 28, 2008. Signed by Judge Mark R. Kravitz on 10/28/2008. (Carotenuto, R.) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
50

MOTION for Leave to Appear Law Student Interns Hunter Smith and Jane Lewis by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wishnie, Michael) (Entered: 10/28/2008)

2 Exhibit A

View on PACER

3 Exhibit B

View on PACER

Oct. 28, 2008 PACER
51

Joint STATUS REPORT proposing next steps by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 10/28/2008)

Oct. 28, 2008 PACER
52

ORDER granting 50 Motion for law student interns Hunter Smith and Jane Lewis to appear on behalf of Plaintiffs. Signed by Judge Mark R. Kravitz on 10/29/2008. (Carotenuto, R.) (Entered: 10/29/2008)

Oct. 29, 2008 PACER
53

NOTICE by Department of Homeland Security Vaughn Index (Morabito, Douglas) (Entered: 11/06/2008)

Nov. 6, 2008 RECAP
54

NOTICE by Department of Homeland Security Vaughn Index 52939 (Morabito, Douglas) (Entered: 11/06/2008)

Nov. 6, 2008 RECAP
55

NOTICE by Department of Homeland Security re 54 Notice (Other), 53 Notice (Other) (Morabito, Douglas) (Entered: 11/07/2008)

Nov. 7, 2008 PACER
56

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. NOTE NEW TIME. The Status Conference set for 11/21/2008 will begin at 09:00 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. (Carotenuto, R.) (Entered: 11/10/2008)

Nov. 10, 2008 PACER
57

Joint STATUS REPORT by Department of Homeland Security, Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 11/18/2008)

Nov. 18, 2008 PACER
58

Minute Entry for proceedings held before Judge Mark R. Kravitz: In Court Status Conference held on 11/21/2008. Total Time: 1 hour 19 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 11/21/2008)

Nov. 21, 2008 PACER
59

STATUS REPORT by Department of Homeland Security. (Morabito, Douglas) (Entered: 11/26/2008)

Nov. 26, 2008 PACER
60

RULING on the Adequacy of DHS's Search re 19 MOTION for Summary Judgment filed by Department of Homeland Security. Signed by Judge Mark R. Kravitz on 12/9/2008. (Kelsey, N.) (Entered: 12/09/2008)

Dec. 9, 2008 RECAP
61

NOTICE by Department of Homeland Security re 60 Order (Morabito, Douglas) (Entered: 12/19/2008)

Dec. 19, 2008 PACER
62

MOTION to Alter Judgment, MOTION for Preliminary Injunction by Unidad Latina En Accion, Junta for Progressive Action, Inc.Responses due by 1/13/2009 (Attachments: # 1 Memorandum in Support, # 2 Affidavit, # 3 Exhibit A-G)(Wishnie, Michael) (Entered: 12/23/2008)

2 Memorandum in Support

View on PACER

3 Affidavit

View on PACER

4 Exhibit A-G

View on PACER

Dec. 23, 2008 PACER
63

NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Scheduling Conference set for 1/5/2009 at 10:00 AM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. Counsel are ordered by the court to be prepared to discuss the merits of all pending motions. Counsel are further ordered to be prepared to discuss the status of all pending declarations, the number of non-exempt documents that have yet to be released, and the nature of any remaining challenges to exemptions DHS has invoked with respect to documents located and/or reviewed after this Court's Ruling dated September 30, 2008. (Flynn, E.) (Entered: 12/24/2008)

Dec. 24, 2008 PACER
64

NOTICE OF REVISED E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. The telephone conference scheduled for 1/5/09 has been reset for an in-court conference on 1/5/2009 at 10:00 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. (Flynn, E.) (Entered: 12/24/2008)

Dec. 24, 2008 PACER
65

MOTION for Extension of Time by Department of Homeland Security. (Morabito, Douglas) (Entered: 01/02/2009)

Jan. 2, 2009 PACER
66

Minute Entry for proceedings held before Judge Mark R. Kravitz: In Court Status Conference held on 1/5/2009. 44 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 01/05/2009)

Jan. 5, 2009 PACER

Set Deadlines/Hearings

Jan. 5, 2009 PACER
67

ORDER. As explained during the on-the-record in-court conference on January 5, 2009, the Court grants Plaintiffs' Motion for Relief from Order and for Preliminary Injunction 62 insofar as it seeks to depose Ms. Catrina Pavlik-Keenan and SDDO Richard McCaffrey regarding the adequacy of the DHS search. The Court will withhold judgment regarding the adequacy of the DHS search pending the depositions of Ms. Pavlik-Keenan and Mr. McCaffrey. Plaintiffs shall conduct the depositions of Ms. Pavlik-Keenan and SDDO McCaffrey no later than February 5, 2009, at a time and place convenient to the parties. Further, based on DHS's representation that all other responsive, non-exempt documents have been produced, the Court orders DHS to produce the OPR documents to Plaintiffs no later than January 12, 2009. The Court will reserve on Plaintiffs' motion for a preliminary injunction as it may develop that the motion is moot. Signed by Judge Mark R. Kravitz on 1/5/2009. (Flynn, E.) (Entered: 01/05/2009)

Jan. 5, 2009 PACER
68

ORDER. As explained during the on-the-record in-court conference on January 5, 2009, the Court grants DHS's oral motion to withdraw its Motion for Summary Judgment 19 without prejudice to renewal insofar as it pertains to the adequacy of DHS's search. Further, Defendant's Motion for Summary Judgment 19 is denied as moot insofar as it sought to withhold law enforcement officers' names and telephone numbers from disclosure because DHS has disclosed the names to Plaintiffs and Plaintiffs do not seek the officers' telephone numbers. That leaves as the only issue remaining for decision on Defendant's Motion for Summary Judgment 19, whether any remaining records were properly withheld under Exemption (b)(7)(E). DHS will review its withholdings and submit to the Court for in camera inspection any remaining records that the parties themselves have not resolved. The records shall be submitted to the Court no later than January 12, 2009. Signed by Judge Mark R. Kravitz on 1/5/2009. (Flynn, E.) (Entered: 01/05/2009)

Jan. 5, 2009 PACER
69

ORDER. As explained during the on-the-record in-court conference on January 5, 2009, the Court grants DHS's Motion for Extension of Time 65 to file its summary judgment motion no later than January 23, 2009. Signed by Judge Mark R. Kravitz on 1/5/2009. (Flynn, E.) (Entered: 01/05/2009)

Jan. 5, 2009 PACER

Set Deadlines: Dispositive Motions due by 1/23/2009 (Ghilardi, K.)

Jan. 5, 2009 PACER
70

STATUS REPORT by Department of Homeland Security. (Morabito, Douglas) (Entered: 01/07/2009)

Jan. 7, 2009 PACER
71

ORDER. Having reviewed the Status Report 70, and in light of the Court's Orders dated January 5, 2009, the Court vacates its prior order dated December 9, 2008 60 requiring the filing of the supplemental declaration by January 6, 2009. Signed by Judge Mark R. Kravitz on 1/8/2009. (Flynn, E.) (Entered: 01/08/2009)

Jan. 8, 2009 PACER
72

NOTICE by Department of Homeland Security Amended Vaughn Index (Attachments: # 1 Appendix Certicifcate of Service)(Morabito, Douglas) (Entered: 01/12/2009)

2 Appendix Certicifcate of Service

View on PACER

Jan. 12, 2009 PACER
73

Second MOTION for Extension of Time by Department of Homeland Security. (Morabito, Douglas) (Entered: 01/20/2009)

Jan. 20, 2009 PACER
74

ORDER granting 73 Motion, on Consent, for Extension of Time. Defendant Department of Homeland Security shall file its motion for summary judgment or, in the alternative, a motion for submission of documents at issue for this Court's in camera review no later than January 27, 2009. Signed by Judge Mark R. Kravitz on 1/21/2009. (Flynn, E.) (Entered: 01/21/2009)

Jan. 21, 2009 PACER

Set Deadlines/Hearings

Jan. 21, 2009 PACER

Set Deadlines: Dispositive Motions due by 1/27/2009 (Ghilardi, K.)

Jan. 21, 2009 PACER
75

ORDER. In accordance with the Court's on-the-record telephonic status conference dated January 22, 2009, the Court grants Plaintiffs until January 26, 2009 to respond to Defendant's January 12, 2009 submission of documents for this Court's in camera review. Signed by Judge Mark R. Kravitz on 1/22/2009. (Flynn, E.) (Entered: 01/22/2009)

Jan. 22, 2009 PACER
76

ORDER. Based on the representations of counsel during this Court's on-the-record telephonic status conference dated January 22, 2009, the Court denies as moot Plaintiff's Motion for Preliminary Injunction 62 . Signed by Judge Mark R. Kravitz on 1/22/2009. (Flynn, E.) (Entered: 01/22/2009)

Jan. 22, 2009 PACER
78

Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 1/22/2009. 10 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 01/26/2009)

Jan. 22, 2009 PACER
77

Memorandum in Opposition regarding documents submitted for in camera review on January 12 2009 re 19 MOTION for Summary Judgment filed by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Attachments: # 1 Affidavit, # 2 Exhibit A)(Wishnie, Michael) (Entered: 01/26/2009)

2 Affidavit

View on PACER

3 Exhibit A

View on PACER

Jan. 26, 2009 PACER
79

MOTION In Camera Review of Documents by Department of Homeland Security.Responses due by 2/17/2009 (Morabito, Douglas) (Entered: 01/27/2009)

Jan. 27, 2009 PACER
80

Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Conference held on 1/29/2009. 13 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 01/30/2009)

Jan. 29, 2009 PACER
81

RULING on Documents Submitted In Camera denying as moot 19 Motion for Summary Judgment. Signed by Judge Mark R. Kravitz on 1/29/2009. (Kelsey, N.) (Entered: 01/30/2009)

Jan. 30, 2009 PACER
82

First MOTION for Extension of Time to File Response/Reply as to 79 MOTION In Camera Review of Documents until 2/23/09 by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 02/17/2009)

Feb. 17, 2009 PACER
83

ORDER granting 82 Motion for Extension of Time to File Response re 79 MOTION In Camera Review of Documents. Plaintiff shall file its brief on records submitted by Defendant DHS for in camera review no later than February 23, 2009. Signed by Judge Mark R. Kravitz on 2/18/2009. (Carotenuto, R.) (Entered: 02/18/2009)

Feb. 18, 2009 PACER
84

Second MOTION for Extension of Time to File Response/Reply as to 79 MOTION In Camera Review of Documents until March 2, 2009 by Unidad Latina En Accion, Junta for Progressive Action, Inc. (Wishnie, Michael) (Entered: 02/23/2009)

Feb. 23, 2009 PACER

State / Territory: Connecticut

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Aug. 10, 2007

Closing Date: 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

An immigrant rights group sought production under FOIA of ICE's immigration enforcement policies, practices, and activities in and around New Haven, Connecticut.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Jerome N. Frank Legal Services Organization (Yale)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 64000.00

Issues

General:

Records Disclosure

Immigration/Border:

ICE/DHS/INS raid