Case: Knight First Amendment Institute v. U.S. Department of Homeland Security

1:17-cv-00548 | U.S. District Court for the District of Columbia

Filed Date: March 27, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On Mar. 27, 2017, the Knight First Amendment Institute at Columbia University filed this lawsuit in the U.S. District Court for the District of Columbia. Plaintiff sued the Department of Homeland Security (DHS) and its component Immigration and Customs Enforcement (ICE). Represented by its own staff and the law firm Jenner & Block, plaintiff alleged that defendants had violated the Freedom of Information Act (FOIA), and requested injunctive relief.According to the complaint, plaintiff is a nonp…

On Mar. 27, 2017, the Knight First Amendment Institute at Columbia University filed this lawsuit in the U.S. District Court for the District of Columbia. Plaintiff sued the Department of Homeland Security (DHS) and its component Immigration and Customs Enforcement (ICE). Represented by its own staff and the law firm Jenner & Block, plaintiff alleged that defendants had violated the Freedom of Information Act (FOIA), and requested injunctive relief.

According to the complaint, plaintiff is a nonprofit working to safeguard freedoms of speech and of the press. Plaintiff alleged that DHS's component U.S. Customs and Border Protection (CBP) has since 2009 been authorized to conduct searches of individuals' electronic devices at the US borders, without individualized suspicion, and to detain indefinitely these devices. CBP has searched and seized thousands of devices, including those belonging to US citizens. Furthermore, plaintiff alleged, the number of such searches and seizures has risen sharply since 2015 and has especially increased since the beginning of 2017 under the new Presidential administration.

The complaint explained that plaintiff was especially concerned with the effect of these searches and seizures on press freedom, because CBP has accessed sensitive information on journalists' devices. Furthermore, plaintiff was concerned that CBP was targeting Muslims for such searches. Overall, because of the general scope and effects of these searches, plaintiff believed that CBP's activity may violate the First and Fourth Amendments, and sought more information to disseminate to the public.

To learn more about CBP's activity, plaintiff filed FOIA requests with DHS, CBP, and ICE, for records detailing the government's searches since 2012. Plaintiff made these requests on Mar. 15, 2017 and requested expedited processing. Plaintiff argued the topic was of urgent public interest, given the increase in border searches since early 2017, and reports of some CBP officers coercing travelers into surrendering their devices. As of the filing of the Mar. 27 complaint, none of the agencies had communicated any decision on the FOIA requests, thus failing to meet their 10-day statutory deadline to do so. Because no administrative remedies exist, plaintiff brought this injunctive lawsuit.

On Mar. 28, 2017, the case was assigned to Judge Tanya S. Chutkan.

Plaintiff filed an amended complaint on Apr. 19 with an update on its allegations and with the addition of CBP as another defendant. Although ICE had since granted plaintiff's expedited FOIA request, it had failed to produce any records. DHS had denied the expedited processing request with minimal explanation, and CBP had failed to respond. Defendants filed an answer on May 3.

The parties submitted joint status reports on June 6, Aug. 14, and Oct. 16. Subsequent reports are due every 45 days after that.

The Oct. 16 status report specified that the parties agreed that DHS' Office of Inspector General (OIG) had finished its search, and that CBP would conduct a preliminary responsiveness review by Oct. 31 and would start releasing non-exempt responsive records in mid-November. However, the parties disagreed on DHS's duty to determine the number of responsive records and to conduct a separate search for certain items, as well as how many items it could review per month. The parties also disagreed on the scope of certain ICE and CBP duties. The status report stated that, if the parties could not reach a resolution on disputed issues, plaintiff planned to move for summary judgment.

The Nov. 30 status report specified that DHS would release all potentially-responsive and non-exempt records by approximately Dec. 1, and that CBP had released a first round and would release the next round by Dec. 22. The scope of ICE and CBP's obligations, as well as the general timeline for release, remained unresolved. Plaintiff requested a Court conference but defendants argued the parties could work out a production schedule themselves.

The Jan. 16 status report stated that ICE would begin production in January and hoped to complete production by April. CBP and plaintiff were determining how many of the incident-level reports dealing with border searches CBP would process. As for DHS's search, the parties were discussing search terms and timeline. Plaintiff asked the Court for a status conference, whereas defendant asked to continue to file status reports.

A joint status report filed on May 21, 2018 indicated that the government had processed and produced some records, and that the parties were in discussions about the scope of various requested searches. A status report filed in October indicated that production was underway and anticipated to be completed by March 2019.

On July 17, 2018, Judge Chutkan ordered the parties to submit a joint report every 60 days as they negotiated the terms and timing of the plaintiffs’ FOIA request. Between June 2017 and November 2019, the parties submitted a total of fifteen joint status reports detailing the terms of the information release. On January 21, 2019, a motion to stay proceedings due to the lapse of appropriations was submitted by the defendants, which was granted the following day.

Between December 2017 and May 2019, the defendants released 2,647 pages of responsive records to the plaintiffs. However, the plaintiffs claimed that many records were extensively redacted under the FOIA exemption, and thousands of pages were improperly withheld by the defendants. On December 2, 2019, the parties were ordered to submit cross-motions for summary judgment on the issue.

On January 31, 2020, the defendants filed a motion for summary judgment. They argued that the redacted information fell under the FOIA exemptions 5,6, 7(C) and (E), under 5 U.S.C. §§ 552. The plaintiffs submitted a cross-motion for summary judgment and a memorandum in opposition on March 2, claiming that the defendants had failed to provide adequate justification for withholding the documents under the FOIA exceptions and sought an order for all separable, non-exempt information to be released.

After submitting three unopposed motions for extension of time, the defendants submitted a response to the cross-motion on June 12, 2020.

The documents released by the government are available through this case page, below. This case is ongoing.

Summary Authors

Ava Morgenstern (3/10/2018)

Virginia Weeks (10/11/2018)

Averyn Lee (6/12/2020)

Related Cases

Muslim Advocates v. U.S. Department of Homeland Security, District of Columbia (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4638644/parties/knight-first-amendment-institute-at-columbia-university-v-united-states/


Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

DeCell, Caroline M. (New York)

Fallow, Katherine A. (District of Columbia)

Hellman , Matthew S. (District of Columbia)

Jaffer, Jameel (New York)

Kohlmann, Susan J. (New York)

Krent, Stephanie (New York)

Nogueira, Daniela (New York)

Rubin, Joshua H. (New York)

Judge(s)

Chutkan, Tanya Sue (District of Columbia)

Attorneys(s) for Plaintiff

Abdo, Alex (New York)

DeCell, Caroline M. (New York)

Fallow, Katherine A. (District of Columbia)

Hellman , Matthew S. (District of Columbia)

Jaffer, Jameel (New York)

Kohlmann, Susan J. (New York)

Krent, Stephanie (New York)

Nogueira, Daniela (New York)

Rubin, Joshua H. (New York)

Stewart, Michael E. (District of Columbia)

Wilkens, Scott B. (District of Columbia)

Attorneys(s) for Defendant

Glass, David M (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Liu, Jessie K. (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Knight First Amendment Institute v. United States Department of Homeland Security

June 12, 2020 Docket
1

Complaint for Injunctive Relief

Knight First Amendment Institute v. Department of Homeland Security

March 27, 2017 Complaint
10

Amended Complaint for Injunctive Relief

Knight First Amendment Institute v. Department of Homeland Security

April 19, 2017 Complaint

[FOIA Request]

Knight First Amendment Institute v. DHS

No Court

July 14, 2017 FOIA Request
24

Third Joint Status Report

Knight First Amendment Institute v. Department of Homeland Security

Oct. 16, 2017 Pleading / Motion / Brief
25

Fourth Joint Status Report

Knight First Amendment Institute v. Department of Homeland Security

Nov. 30, 2017 Findings Letter/Report
26

Fifth Joint Status Report

Knight First Amendment Institute v. Department of Homeland Security

Jan. 16, 2018 Pleading / Motion / Brief
36

Defendants' Motion for Stay in Light of Lapse of Appropriations

Knight First Amendment Institute v. Department of Homeland Security

Jan. 21, 2019 Pleading / Motion / Brief
39

Eleventh Joint Status Report

Knight First Amendment Institute v. Department of Homeland Security

March 22, 2019 Pleading / Motion / Brief
40

Twelfth Joint Status Report

Knight First Amendment Institute v. Department of Homeland Security

May 21, 2019 Pleading / Motion / Brief

Resources

Title Description External URL

Knight Institute v. DHS — FOIA Suit on Border Searches of Electronic Devices

Knight First Amendment Institute

Searches of cellphones and laptops by U.S. border agents have increased dramatically, rising to about 25,000 in 2016 from about 5,000 in 2015, according to press reports. These searches, which are ro… Sept. 15, 2017 https://knightcolumbia.org/content/knight-institute-v-dhs-foia-suit-border-searches-electronic-devices

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4638644/knight-first-amendment-institute-at-columbia-university-v-united-states/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT ( Filing fee $ 400 receipt number 0090-4889730) filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Exhibit A, # 2 Civil Cover Sheet, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons)(Hellman, Matthew) (Entered: 03/27/2017)

1 Exhibit A

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2 Civil Cover Sheet

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3 Summons

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4 Summons

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5 Summons

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6 Summons

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March 27, 2017 RECAP
2

LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Hellman, Matthew) (Entered: 03/27/2017)

March 27, 2017 PACER
3

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Susan Kohlmann, :Firm- Jenner & Block LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - 212-891-1690. Fax No. - 212-891-1699 Filing fee $ 100, receipt number 0090-4890070. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Hellman, Matthew) (Entered: 03/27/2017)

March 27, 2017 PACER
4

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Caroline M. DeCell, :Firm- Jenner & Block LLP, :Address- 919 Third Avenue, New York, NY 10022. Phone No. - 212-891-1694. Fax No. - 212-891-1699 Filing fee $ 100, receipt number 0090-4890091. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Hellman, Matthew) (Entered: 03/27/2017)

March 27, 2017 PACER
5

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Michael E. Stewart, :Firm- Jenner & Block LLP, :Address- 1099 New York Avenue, NW, Suite 900, Washington, D.C. 20001. Phone No. - 202-637-6329. Fax No. - 202-639-6066 Filing fee $ 100, receipt number 0090-4890116. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration in Support, # 2 Proposed Order)(Hellman, Matthew) (Entered: 03/27/2017)

March 27, 2017 PACER

Case Assigned to Judge Tanya S. Chutkan. (sb)

March 28, 2017 PACER
6

SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(sb) (Entered: 03/28/2017)

1 Consent Form

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March 28, 2017 RECAP
7

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Alex Abdo, :Firm- Knight First Amendment Institute at Columbia University, :Address- 535 West 116th Street, 314 Low Library, New York, NY 10027. Phone No. - 2128549600. Fax No. - 2128547997 Filing fee $ 100, receipt number 0090-4891896. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 03/28/2017)

March 28, 2017 PACER
8

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Katherine Fallow, :Firm- Knight First Amendment Institute at Columbia University, :Address- 535 West 116th Street, 314 Low Library, New York, NY 10027. Phone No. - 2128549600. Fax No. - 2128547997 Filing fee $ 100, receipt number 0090-4891942. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 03/28/2017)

March 28, 2017 PACER
9

NOTICE of Appearance by David Michael Glass on behalf of All Defendants (Glass, David) (Entered: 04/07/2017)

April 7, 2017 PACER

MINUTE ORDER: Granting 3 4 [ 5] [ 7] [ 8] Motions for Leave to Appear Pro Hac Vice. Susan Kohlmann, Caroline M. DeCell, Michael E. Stewart, Alexander Abraham Abdo and Katherine Amy Fallow are hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 4/18/17. (DJS)

April 18, 2017 PACER
10

AMENDED COMPLAINT against UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, UNITED STATES CUSTOMS AND BORDER PROTECTION filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Exhibit A, # 2 Summons)(Hellman, Matthew) (Entered: 04/19/2017)

April 19, 2017 PACER
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NOTICE of Appearance by Joshua Harris Rubin on behalf of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Rubin, Joshua) (Entered: 04/19/2017)

April 19, 2017 PACER
12

SUMMONS (1) Issued Electronically as to UNITED STATES CUSTOMS AND BORDER PROTECTION. (Attachments: # 1 Consent Forms)(zrdj) (Entered: 04/20/2017)

April 20, 2017 PACER

MINUTE ORDER: Granting 7 Motion for Leave to Appear Pro Hac Vice. Alexander Abraham Abdo is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 4/28/17. (DJS)

April 28, 2017 PACER
13

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 4/3/2017 (Hellman, Matthew) (Entered: 05/03/2017)

May 3, 2017 PACER
14

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 4/3/2017. Answer due for ALL FEDERAL DEFENDANTS by 5/3/2017. (Hellman, Matthew) (Entered: 05/03/2017)

May 3, 2017 PACER
15

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 04/03/2017. (Hellman, Matthew) (Entered: 05/03/2017)

May 3, 2017 PACER
16

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES CUSTOMS AND BORDER PROTECTION served on 4/24/2017 (Hellman, Matthew) (Entered: 05/03/2017)

May 3, 2017 PACER
17

RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 4/3/2017 (Hellman, Matthew) (Entered: 05/03/2017)

May 3, 2017 PACER
18

ANSWER to 10 Amended Complaint, by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Related document: 10 Amended Complaint, filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Ex. List, # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G, # 9 Ex.H, # 10 Ex. I, # 11 Ex. J, # 12 Ex. K)(Glass, David) (Entered: 05/03/2017)

May 3, 2017 PACER
19

NOTICE of Appearance by Scott B. Wilkens on behalf of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Wilkens, Scott) (Entered: 05/04/2017)

May 4, 2017 RECAP

MINUTE ORDER: Before the Court in this FOIA case are a complaint and an answer. The requirements of LCvR 16.3 and Rule 26(f) of the Federal Rules of Civil procedure appear to be inapplicable. IT IS HEREBY ORDERED that the parties shall meet and confer and propose a schedule for proceeding in this matter. The schedule shall address the status of Plaintiff's FOIA request, the anticipated number of documents responsive to Plaintiff's FOIA request, the anticipated date(s) for release of the documents requested by Plaintiff, whether a motion for an Open America stay is likely in this case, whether a Vaughn index will be required in this case, whether and when either party anticipates filing a dispositive motion, and any other pertinent issues. The parties shall file a joint status report that addresses these issues and that contains a proposed schedule and proposed order not later than 6/6/17. Signed by Judge Tanya S. Chutkan on 5/16/17. (DJS)

May 16, 2017 PACER

Set/Reset Deadlines: Joint Status Report due by 6/6/2017. (tb)

May 18, 2017 PACER
20

MOTION to Withdraw as Attorney by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration of Joshua H. Rubin, # 2 Text of Proposed Order, # 3 Certificate of Service)(Rubin, Joshua) (Entered: 06/02/2017)

1 Declaration of Joshua H. Rubin

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2 Text of Proposed Order

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3 Certificate of Service

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June 2, 2017 PACER
21

Joint STATUS REPORT by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 06/06/2017)

June 6, 2017 RECAP

MINUTE ORDER: Granting 20 Motion to Withdraw. The Clerk of the Court shall terminate Attorney Joshua Harris Rubin as counsel for the Plaintiff. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS)

June 8, 2017 PACER

MINUTE ORD: Having considered the parties' Joint Status report, it is hereby ordered that the parties shall file another Joint Status Report (and proposed order) by 8/14/17. Signed by Judge Tanya S. Chutkan on 6/8/17. (DJS)

June 8, 2017 PACER

Set/Reset Deadlines: Status Report (and proposed order) due by 8/14/17. (jth)

June 9, 2017 PACER
22

NOTICE of Change of Address by Caroline M. DeCell (DeCell, Caroline) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
23

Joint STATUS REPORT (Second) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 08/14/2017)

Aug. 14, 2017 PACER

MINUTE ORDER: Having considered the parties' Joint Status Report 23 it is hereby ordered that the parties shall file another joint status report and proposed order by October 16, 2017, and every 45 days thereafter. Signed by Judge Tanya S. Chutkan on 8/17/17. (DJS)

Aug. 17, 2017 PACER

Set/Reset Deadlines: Joint Status Report due by 10/16/2017. (tb)

Aug. 22, 2017 PACER
24

Joint STATUS REPORT (Third) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 10/16/2017)

Oct. 16, 2017 PACER
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Joint STATUS REPORT (Fourth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 11/30/2017)

Nov. 30, 2017 PACER
26

Joint STATUS REPORT (Fifth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 01/16/2018)

Jan. 16, 2018 RECAP
27

NOTICE of Change of Address by Alexander Abraham Abdo (Abdo, Alexander) (Entered: 01/31/2018)

Jan. 31, 2018 PACER

MINUTE ORDER: A status conference is hereby set for 2/16/18 at 10:15 am in Courtroom 9. Signed by Judge Tanya S. Chutkan on 2/9/18. (DJS)

Feb. 9, 2018 PACER

Set/Reset Hearings: Status Conference set for 2/16/2018 at 10:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)

Feb. 12, 2018 PACER

Set/Reset Hearings: Status Conference set for 02/16/18 is now RESCHEDULED to 2/21/2018 at 11:15 AM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)

Feb. 13, 2018 PACER

Minute Entry: Status Conference held on 2/21/2018 before Judge Tanya S. Chutkan: Parties are ordered to continue to meet and confer regarding the scope of search requests and the format of documents produced. Parties will file a joint status report on 03/02/18 . (Court Reporter Bryan Wayne) (tb) Modified on 2/21/2018 (tb).

Feb. 21, 2018 PACER

MINUTE ORDER: The parties shall file a joint status report by 5/21/18 along with a proposed order. Signed by Judge Tanya S. Chutkan on 2/26/18. (DJS) (DJS)

Feb. 26, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 5/21/2018. (tb)

Feb. 27, 2018 PACER
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TRANSCRIPT OF 2/21/18 STATUS HEARING before Judge Tanya S. Chutkan held on February 21, 2018. Page Numbers: 1-13. Date of Issuance: March 4, 2018. Court Reporter: Bryan A. Wayne. Transcripts may be ordered at www.dcd.uscourts.gov. For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter.NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 3/25/2018. Redacted Transcript Deadline set for 4/4/2018. Release of Transcript Restriction set for 6/2/2018.(Wayne, Bryan) (Entered: 03/04/2018)

March 4, 2018 PACER
29

Joint STATUS REPORT (Sixth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 05/21/2018)

May 21, 2018 PACER

MINUTE ORDER: Having considered the parties' Joint Status Report 29, it is hereby ordered that the parties shall file another joint report and proposed order by June 29, 2018. At a minimum, the report shall set forth: (1) the efforts of the parties to define the search that DHS is required to conduct; (2) the scope of CBP's response to Item 2(b), including the sampling methodology utilized and status of the parties' discussions regarding criteria for the identification of additional reports; and (3) the rate at which DHS and CBP will process records in view of the order dated May 14, 2018, in DHS v. Muslim Advocates, No. 1:17-cv-00813-TSC (D.D.C.). Signed by Judge Tanya S. Chutkan on 5/24/18. (DJS)

May 24, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 6/29/2018. (tb)

May 25, 2018 PACER
30

Joint STATUS REPORT (Seventh) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 06/29/2018)

June 29, 2018 PACER

MINUTE ORDER: Having considered the parties' Joint Status Report 30, it is hereby ordered that the parties shall file another joint report by August 2, 2018 and every 60 days thereafter. To the extent the report contains a proposed production or briefing schedule, the parties shall include a proposed order. Signed by Judge Tanya S. Chutkan on 7/17/18. (DJS)

July 17, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 8/2/2018. (tb)

July 19, 2018 PACER
31

Joint STATUS REPORT (Eighth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 08/02/2018)

Aug. 2, 2018 RECAP

MINUTE ORDER: A Status Conference is hereby set or 8/22/18 at 12:15 pm in Courtroom 9. Signed by Judge Tanya S. Chutkan on 8/13/18. (DJS)

Aug. 13, 2018 PACER

Set/Reset Hearings: Status Conference set for 8/22/2018 at 12:15 PM in Courtroom 9 before Judge Tanya S. Chutkan. (tb)

Aug. 15, 2018 PACER

Minute Entry: Status Conference held on 8/22/2018 before Judge Tanya S. Chutkan: Defendant's search should be completed by 10/1/2018. Joint Status Report due by 10/8/2018. (Court Reporter Bryan Wayne) (tb)

Aug. 22, 2018 PACER
32

Joint STATUS REPORT (Ninth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 10/09/2018)

Oct. 9, 2018 RECAP
33

ORDER: Upon consideration of the 32 Ninth Joint Status Report, the parties are ORDERED to file another joint status report and proposed order by December 10, 2018. See Order for further details. Signed by Judge Tanya S. Chutkan on 10/25/18. (lctsc3) (ztb). (Entered: 10/25/2018)

Oct. 25, 2018 RECAP

ORDER: Upon consideration of the 32 Ninth Joint Status Report, the parties are ORDERED to file another joint status report and proposed order by December 10, 2018. See Order for further details. Signed by Judge Tanya S. Chutkan on 10/25/18. (lctsc3)

Oct. 25, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 12/10/2018. (tb)

Oct. 30, 2018 PACER
34

Joint STATUS REPORT (Tenth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 12/10/2018)

Dec. 10, 2018 PACER
35

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Daniela Nogueira, :Firm- Knight First Amendment Institute at Columbia University, :Address- 475 Riverside Drive, Suite 302, New York, NY 10115. Phone No. - 6467458500. Filing fee $ 100, receipt number 0090-5832785. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(Jaffer, Jameel) (Entered: 12/11/2018)

Dec. 11, 2018 PACER

MINUTE ORDER: Having considered the parties' Joint Status Report 34, it is hereby ordered that the parties shall file another joint report by 2/15/19 and every 60 days thereafter. To the extent the parties are unable to agree on how to proceed or to the extent the parties propose a briefing schedule, the joint status report shall also include a proposed order. Signed by Judge Tanya S. Chutkan on 12/13/18. (DJS)

Dec. 13, 2018 PACER

MINUTE ORDER: Granting 35 Motion for Leave to Appear Pro Hac Vice. Attorney Daniela Nogueira is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Signed by Judge Tanya S. Chutkan on 12/13/18. (DJS)

Dec. 13, 2018 PACER

Set/Reset Deadlines: Joint Status Report due by 2/15/2019. (tb)

Dec. 17, 2018 PACER
36

MOTION to Stay All Proceedings in Light of Lapse of Appropriations by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Glass, David) (Entered: 01/21/2019)

Jan. 21, 2019 RECAP

MINUTE ORDER: Granting 36 Motion to Stay. All proceedings in this case are STAYED until Congress restores appropriations to the Department of Justice, Department of Homeland Security, U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement. All current deadlines in this case are extended commensurate with the duration of the lapse in appropriations. The Defendant shall file a notice advising the court within 14 days after appropriations are restored. Signed by Judge Tanya S. Chutkan on 1/22/19. (DJS)

Jan. 22, 2019 PACER
37

NOTICE of Restoration of Appropriations by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Glass, David) (Entered: 01/30/2019)

Jan. 30, 2019 PACER
38

NOTICE OF WITHDRAWAL OF APPEARANCE as to KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. Attorney Scott B. Wilkens terminated. (Wilkens, Scott) (Entered: 01/31/2019)

Jan. 31, 2019 PACER
39

Joint STATUS REPORT (Eleventh) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 03/22/2019)

March 22, 2019 PACER
40

Joint STATUS REPORT (Twelfth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 05/21/2019)

May 21, 2019 PACER
41

Joint STATUS REPORT (Thirteenth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 07/22/2019)

July 22, 2019 RECAP
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NOTICE OF WITHDRAWAL OF APPEARANCE as to KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. Attorney Daniela Nogueira terminated. (Nogueira, Daniela) (Entered: 08/28/2019)

Aug. 28, 2019 RECAP
43

Joint STATUS REPORT (Fourteenth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
44

Joint STATUS REPORT (Fifteenth) by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Glass, David) (Entered: 11/21/2019)

Nov. 21, 2019 PACER
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MINUTE ORDER: Having considered the parties' joint status report 44, it is hereby ordered that the parties shall adhere to the following deadlines: By January 31, 2020, the defendants shall serve their motion for summary judgment. By March 2, 2020, the plaintiff shall serve its combined cross-motion for summary judgment and opposition to the defendants' motion. By April 1, 2020, the defendants shall serve their reply to the plaintiff's opposition/cross-motion. By May 1, 2020, the plaintiff shall serve its reply to the defendants' opposition. Signed by Judge Tanya S. Chutkan on 12/2/19. (DJS) (Entered: 12/02/2019)

Dec. 2, 2019 PACER

.Order

Dec. 2, 2019 PACER

Set/Reset Deadlines

Dec. 9, 2019 PACER

Set/Reset Deadlines: Cross motion due by /2/2020. Response to cross motion due by 4/1/2020. Reply to cross motion due by 5/1/2020. Summary judgment motion due by 1/31/2020. Response to motion for summary judgment due by 3/2/2020. Reply to motion for summary judgment due by 4/1/2020. (tb)

Dec. 9, 2019 PACER
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MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Mem. Supp., # 2 Ex. A, # 3 Ex. B, # 4 Ex. C, # 5 Ex. D, # 6 Ex. E, # 7 Ex. F, # 8 Ex. G, # 9 Ex. H, # 10 Ex. I, # 11 LCvR 7(h)(1) Statement, # 12 Order)(Glass, David) (Entered: 01/31/2020)

1 Mem. Supp.

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2 Ex. A

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3 Ex. B

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4 Ex. C

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5 Ex. D

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6 Ex. E

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7 Ex. F

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8 Ex. G

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9 Ex. H

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10 Ex. I

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11 LCvR 7(h)(1) Statement

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12 Order

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Jan. 31, 2020 RECAP
47

MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Stephanie Krent, Filing fee $ 100, receipt number BDCDC-6872830. Fee Status: Fee Paid. by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Declaration, # 2 Text of Proposed Order)(DeCell, Caroline) (Entered: 02/28/2020)

Feb. 28, 2020 PACER
48

ENTERED IN ERROR. . . . .Cross MOTION for Summary Judgment by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Response to Defendants' Statement of Facts, # 4 Declaration of Matthew Hellman, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD)(Hellman, Matthew) Modified on 3/4/2020 (ztd). (Entered: 03/02/2020)

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March 2, 2020 RECAP
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ENTERED IN ERROR. . . . .Memorandum in opposition to re 46 MOTION for Summary Judgment filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Text of Proposed Order, # 2 Statement of Facts, # 3 Response to Defendants' Statement of Facts, # 4 Declaration of Matthew Hellman, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD)(Hellman, Matthew) Modified on 3/4/2020 (ztd). (Entered: 03/02/2020)

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March 2, 2020 RECAP

NOTICE OF CORRECTED DOCKET ENTRY: re 48 Cross MOTION for Summary Judgment, 49 Memorandum in Opposition,,, was entered in error and counsel has refiled said pleadings as docket entries 50 and 51 . (ztd)

March 2, 2020 PACER
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Cross MOTION for Summary Judgment (corrected) by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Attachments: # 1 Memorandum in Support of Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment, # 2 Proposed Order, # 3 Statement of Facts, # 4 Response to Defendants' Statement of Facts, # 5 Declaration of Matthew Hellman, # 6 Exhibit A, # 7 Exhibit B, # 8 Exhibit C, # 9 Exhibit D, # 10 Exhibit E, # 11 Exhibit F, # 12 Exhibit G, # 13 Exhibit H, # 14 Exhibit I, # 15 Exhibit J, # 16 Exhibit K, # 17 Exhibit L, # 18 Exhibit M, # 19 Exhibit N, # 20 Exhibit O, # 21 Exhibit P, # 22 Exhibit Q, # 23 Exhibit R, # 24 Exhibit S, # 25 Exhibit T, # 26 Exhibit U, # 27 Exhibit V, # 28 Exhibit W, # 29 Exhibit X, # 30 Exhibit Y, # 31 Exhibit Z, # 32 Exhibit AA, # 33 Exhibit BB, # 34 Exhibit CC, # 35 Exhibit DD, # 36 Exhibit EE, # 37 Exhibit FF)(Hellman, Matthew) (Entered: 03/03/2020)

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March 3, 2020 RECAP
51

Memorandum in opposition to re 46 MOTION for Summary Judgment (corrected) filed by KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY. (Attachments: # 1 Proposed Order, # 2 Statement of Facts, # 3 Response to Defendants' Statement of Facts, # 4 Declaration of Matthew Hellman, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D, # 9 Exhibit E, # 10 Exhibit F, # 11 Exhibit G, # 12 Exhibit H, # 13 Exhibit I, # 14 Exhibit J, # 15 Exhibit K, # 16 Exhibit L, # 17 Exhibit M, # 18 Exhibit N, # 19 Exhibit O, # 20 Exhibit P, # 21 Exhibit Q, # 22 Exhibit R, # 23 Exhibit S, # 24 Exhibit T, # 25 Exhibit U, # 26 Exhibit V, # 27 Exhibit W, # 28 Exhibit X, # 29 Exhibit Y, # 30 Exhibit Z, # 31 Exhibit AA, # 32 Exhibit BB, # 33 Exhibit CC, # 34 Exhibit DD, # 35 Exhibit EE, # 36 Exhibit FF)(Hellman, Matthew) (Entered: 03/03/2020)

1 Proposed Order

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2 Statement of Facts

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3 Response to Defendants' Statement of Facts

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4 Declaration of Matthew Hellman

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5 Exhibit A

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6 Exhibit B

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7 Exhibit C

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8 Exhibit D

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9 Exhibit E

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10 Exhibit F

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11 Exhibit G

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12 Exhibit H

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13 Exhibit I

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14 Exhibit J

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15 Exhibit K

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16 Exhibit L

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17 Exhibit M

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18 Exhibit N

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19 Exhibit O

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20 Exhibit P

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21 Exhibit Q

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22 Exhibit R

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23 Exhibit S

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24 Exhibit T

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25 Exhibit U

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26 Exhibit V

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27 Exhibit W

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28 Exhibit X

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29 Exhibit Y

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30 Exhibit Z

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31 Exhibit AA

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32 Exhibit BB

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33 Exhibit CC

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34 Exhibit DD

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35 Exhibit EE

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36 Exhibit FF

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March 3, 2020 RECAP

Notice of Corrected Docket Entry

March 4, 2020 PACER
52

Unopposed MOTION for Extension of Time to File Response/Reply by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Prop. Order)(Glass, David) (Entered: 03/23/2020)

1 Prop. Order

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March 23, 2020 RECAP

Order on Motion for Extension of Time to File Response/Reply

March 25, 2020 PACER

Order on Motion for Leave to Appear Pro Hac Vice

March 25, 2020 PACER

MINUTE ORDER: Granting 47 Motion for Leave to Appear Pro Hac Vice. Stephanie Clara Krent is hereby admitted pro hac vice to appear in this matter on behalf of Plaintiff. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a). Click for instructions. Signed by Judge Tanya S. Chutkan on 3/25/2020. (DJS)

March 25, 2020 PACER

MINUTE ORDER: Granting 52 Unopposed Motion to extend deadlines. Defendants shall file the combined reply in support of their motion for summary judgment and opposition to Plaintiff's cross motion for summary judgment not later than May 8, 2020. Plaintiff shall file the reply in support of its cross motion for summary judgment not later than June 8, 2020. Signed by Judge Tanya S. Chutkan on 3/25/2020. (DJS)

March 25, 2020 PACER

Set/Reset Deadlines

March 26, 2020 PACER

Set/Reset Deadlines: Response to Cross Motion due by 5/8/2020. Reply to Cross Motion due by 6/8/2020. Reply to Motion for Summary Judgment due by 5/8/2020. (tb)

March 26, 2020 PACER
53

NOTICE of Appearance by Stephanie Krent on behalf of KNIGHT FIRST AMENDMENT INSTITUTE AT COLUMBIA UNIVERSITY (Krent, Stephanie) (Entered: 04/16/2020)

April 16, 2020 PACER
54

Unopposed MOTION for Extension of Time to File Response/Reply as to 50 Cross MOTION for Summary Judgment (corrected), 46 MOTION for Summary Judgment by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Prop. Order)(Glass, David) (Entered: 05/05/2020)

May 5, 2020 PACER

Order on Motion for Extension of Time to File Response/Reply

May 6, 2020 PACER

Set/Reset Deadlines

May 6, 2020 PACER

MINUTE ORDER: Granting 54 Unopposed Motion for Extension of Deadlines. Defendants shall file the reply in support of their motion for summary judgment and combined opposition to Plaintiff's cross motion by June 5, 2020. Plaintiff shall file the reply in support of its cross motion by July 17, 2020. Signed by Judge Tanya S. Chutkan on 5/6/2020. (DJS)

May 6, 2020 PACER

Set/Reset Deadlines: Defendants' Reply and Combined Opposition due by 6/5/2020. Plaintiff's Reply due by 7/17/2020. (zjd)

May 6, 2020 PACER
55

Unopposed MOTION for Extension of Time to File Response/Reply, Unopposed MOTION for Leave to File Excess Pages by UNITED STATES CUSTOMS AND BORDER PROTECTION, UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT (Attachments: # 1 Prop. Order)(Glass, David) (Entered: 06/03/2020)

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June 3, 2020 PACER

MINUTE ORDER: Granting Unopposed 55 Motion for Extension of Time to File Response/Reply. Defendants' combined response/reply due June 12, 2020. Granting Defendants' 55 Motion for Leave to File Brief not to exceed 45 pages. Signed by Judge Tanya S. Chutkan on 6/8/2020. (DJS)

June 8, 2020 PACER

State / Territory: District of Columbia

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: March 27, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiff is a nonprofit concerned with safeguarding the First Amendment rights of freedom of speech and freedom of the press.

Plaintiff Type(s):

Non-profit NON-religious organization

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

U.S. Immigration and Customs Enforcement, Federal

U.S. Customs and Border Protection, Federal

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Record-keeping

Records Disclosure

Search policies

Discrimination-basis:

Religion discrimination

Immigration/Border:

Border police

Constitutional rights