Case: American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security

3:17-cv-00733 | U.S. District Court for the Southern District of California

Filed Date: April 12, 2017

Closed Date: July 11, 2019

Clearinghouse coding complete

Case Summary

On Apr. 12, 2017, the ACLU of San Diego and Imperial Counties filed this lawsuit under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection (CBP) implemented President Trump's Jan. 27 and Mar. 6 Executive Orders that banned admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs sought information "concerning CBP’s local implementation of Presi…

On Apr. 12, 2017, the ACLU of San Diego and Imperial Counties filed this lawsuit under the Freedom of Information Act (FOIA). This was one of over a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection (CBP) implemented President Trump's Jan. 27 and Mar. 6 Executive Orders that banned admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs sought information "concerning CBP’s local implementation of President Trump's January 27, 2017 Executive Order...as well as any other judicial order or executive directive issued regarding Executive Order No. 1, including President Trump's March 6, 2017 Executive Order." Attorney from Davis Wright Tremaine LLP worked with the ACLU on the case.

The request concerned implementation at international airports within the purview of CBP's San Diego Field Office, including San Diego International Airport and the San Diego port of entry. The request also concerned the number of individuals who were detained or subjected to secondary screening, extended questioning, enforcement examination, or consideration for a waiver at the aforementioned airports pursuant to the Executive Orders.

In the complaint, plaintiffs argued that the requested records "would facilitate the public's understanding of how Defendants implemented and enforced the Executive Orders here in the San Francisco Field Office" and that "[s]uch information is critical to the public's ability to hold the government accountable."

On May 8, the government filed a motion to treat all of these FOIA cases as "multi-district litigation," effectively seeking to consolidate them before the U.S. District Court for the District of Columbia. For the transfer motion, see this case.

On Aug. 2, the Judicial Panel on Multidistrict Litigation denied defendants' transfer motion (notice of the denial was filed on Aug. 15). On Aug. 3, Judge M. James Lorenz denied defendants' May 10 motion to stay.

The parties met for a series of case management conferences in the fall of 2017. The case did not settle, so the parties continued with discovery.

On October 15, 2018, the parties filed notice of settlement and subsequently jointly moved to dismiss the case. The documents released by the government in all the ACLU cases are available through this case page.

Litigation about attorneys' fees dragged on for several years. The parties ultimately agreed on a fee award and notified the court the case was closed on July 11, 2019. The Clearinghouse does not know the amount of the fee award.

Summary Authors

Julie Aust (11/11/2017)

Ava Morgenstern (5/5/2018)

Virginia Weeks (10/21/2018)

Related Cases

American Civil Liberties Union of Hawai'i v. U.S. Department of Homeland Security, Northern District of California (2017)

American Civil Liberties Union of Virginia v. U.S. Department of Homeland Security, Eastern District of Virginia (2017)

American Civil Liberties Union of Illinois v. U.S. Department of Homeland Security, Northern District of Illinois (2017)

American Civil Liberties Union of Maine v. U.S. Customs and Border Protection, District of Maine (2017)

ACLU of Michigan v. U.S. Department of Homeland Security, Eastern District of Michigan (2017)

ACLU of Georgia v. U.S. Department of Homeland Security, Northern District of Georgia (2017)

ACLU of Oregon v. U.S. Department of Homeland Security, District of Oregon (2017)

ACLU of Washington v. U.S. Department of Homeland Security, Western District of Washington (2017)

ACLU Foundation of Texas v. U.S. Customs and Border Protection, Southern District of Texas (2017)

ACLU of Arizona v. U.S. Department of Homeland Security, District of Arizona (2017)

American Civil Liberties Union of Florida v. U.S. Department of Homeland Security, Southern District of Florida (2017)

ACLU of Southern California v. U.S. Department of Homeland Security, Central District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15035751/parties/american-civil-liberties-union-of-san-diego-and-imperial-counties-v-us/


Judge(s)

Burkhardt, Jill L. (California)

Lorenz, M. James (California)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Burke, Thomas R. (California)

Ebadolahi, Mitra (New York)

Laidman, Daniel A. (California)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Robinson, Alana W. (District of Columbia)

Judge(s)

Burkhardt, Jill L. (California)

Lorenz, M. James (California)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Burke, Thomas R. (California)

Ebadolahi, Mitra (New York)

Laidman, Daniel A. (California)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Robinson, Alana W. (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

ACLU of San Diego v. Department of Homeland Security

July 11, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act

ACLU of San Diego v. U.S. Department of Homeland Security and U.S. Customs and Border Protection

April 12, 2017 Complaint
35

Notice of Filing Plaintiff's Brief in Opposition to Defendants' Motion to Stay Proceedings in the United States District Court for the Eastern District of Michigan

In re: American Civil Liberties Union Freedom of Information Act Requests Regarding Executive Order 13769

June 5, 2017 Pleading / Motion / Brief
33

Notice of Supplemental Authority

ACLU of San Diego v. DHS

July 3, 2017 Pleading / Motion / Brief
37

Order Denying Transfer

In re: American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769

261 F.Supp.3d 1348

Aug. 15, 2017 Order/Opinion
48

Joint Status Report

ACLU of San Diego v. DHS

Oct. 13, 2017 Pleading / Motion / Brief
51

Joint Status Report

ACLU of San Diego v. DHS

Nov. 3, 2017 Pleading / Motion / Brief

Resources

Title Description External URL

ACLU Files Lawsuits Demanding Local Documents on Implementation of Trump Muslim Ban

American Civil Liberties Union (ACLU)

American Civil Liberties Union affiliates across the country filed 13 Freedom of Information Act lawsuits today demanding government documents about the on-the-ground implementation of President Trum… April 12, 2017 https://www.aclu.org/news/aclu-files-lawsuits-demanding-local-documents-implementation-trump-muslim-ban

ACLU of San Diego & Imperial Counties: Our Current Docket

American Civil Liberties Union (ACLU) of San Diego

ACLU of San Diego & Imperial Counties v. Department of Homeland Security (direct) (Muslim ban FOIAs) – In a series of coordinated requests under the Freedom of Information Act (FOIA), multiple ACLU a… Sept. 1, 2017 https://www.aclusandiego.org/legal/our-current-docket/

We Sued for Records About Trump’s Muslim Bans. Here’s What We Found Out.

Vera Eidelman

On February 2, 2017, 50 ACLU affiliates submitted FOIA requests seeking information about Customs and Border Protection’s on-the-ground implementation of the Muslim Bans at field offices around the c… Oct. 24, 2017 https://www.aclu.org/blog/immigrants-rights/ice-and-border-patrol-abuses/we-sued-records-about-trumps-muslim-bans-heres

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15035751/american-civil-liberties-union-of-san-diego-and-imperial-counties-v-us/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 0974-9979023.), filed by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Civil Cover Sheet)The new case number is 3:17-cv-733-L-JLB. Judge M. James Lorenz and Magistrate Judge Jill L. Burkhardt are assigned to the case. (Burke, Thomas)(mpl) (jao). (Entered: 04/12/2017)

April 12, 2017 PACER
2

NOTICE OF RELATED CASE(S) by American Civil Liberties Union of San Diego and Imperial Counties re 1 Complaint,. (mpl) (jao). (Entered: 04/12/2017)

April 12, 2017 PACER
3

NOTICE of Party With Financial Interest by American Civil Liberties Union of San Diego and Imperial Counties re 1 Complaint, (mpl) (jao). (Entered: 04/12/2017)

April 12, 2017 PACER
4

Summons Issued. Counsel receiving this notice electronically should print this summons and serve it in accordance with Rule 4, Fed.R.Civ.P and LR 4.1. (mpl) (jao). (Entered: 04/12/2017)

April 12, 2017 PACER
5

NOTICE of Appearance by Daniel Aaron Laidman on behalf of American Civil Liberties Union of San Diego and Imperial Counties (Laidman, Daniel)Attorney Daniel Aaron Laidman added to party American Civil Liberties Union of San Diego and Imperial Counties(pty:pla) (fth). (Entered: 04/12/2017)

April 12, 2017 PACER
6

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 5 Notice of Appearance from Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. Non-compliance with local rule(s), Civ. L. Rule 5.1: Improper Format. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 4/13/2017.(sjt) (Entered: 04/13/2017)

April 13, 2017 PACER
7

NOTICE of Appearance of Mitra Ebadolahi by Mitra Ebadolahi on behalf of American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Proof of Service)(Ebadolahi, Mitra)Attorney Mitra Ebadolahi added to party American Civil Liberties Union of San Diego and Imperial Counties(pty:pla) (fth). (Entered: 04/19/2017)

April 19, 2017 PACER
8

NOTICE of Appearance by Chetan A Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Patil, Chetan)Attorney Chetan A Patil added to party U.S. Customs and Border Protection(pty:dft), Attorney Chetan A Patil added to party U.S. Department of Homeland Security(pty:dft) (QC mailer sent re: proof of service not field as separate attachment) (sjt). (Entered: 05/08/2017)

May 8, 2017 PACER
9

NOTICE of Appearance by Matthew Joseph Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Berns, Matthew)Attorney Matthew Joseph Berns added to party U.S. Customs and Border Protection(pty:dft), Attorney Matthew Joseph Berns added to party U.S. Department of Homeland Security(pty:dft) (QC mailer sent re: proof of service not field as separate attachment) (sjt). (Entered: 05/08/2017)

May 8, 2017 PACER
10

NOTICE of Motion filed with the JPMDL to Transfer Action Pursuant to 28 U.S.C. 1407 by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibits 1-3)(Patil, Chetan) (sjt). (Entered: 05/08/2017)

May 8, 2017 PACER
11

Ex Parte MOTION for Extension of Time to File Answer or otherwise respond to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan)(QC mailer sent re: proof of service not filed as separate attachment) (sjt). (Entered: 05/10/2017)

May 10, 2017 PACER
12

MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Memo of Points and Authorities)(Patil, Chetan) (sjt). (Entered: 05/11/2017)

May 11, 2017 PACER
13

ORDER denying without Prejudice 11 Ex Parte Motion for Extension of Time to Answer. Signed by Judge M. James Lorenz on 5/11/2017. (sjt) (Entered: 05/12/2017)

May 12, 2017 PACER
14

Ex Parte MOTION for Extension of Time to File Answer or otherwise respond to the Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Declaration of Chetan A. Patil)(Patil, Chetan) (QC mailer sent re: proof of service not filed as separate attachment) (sjt). (Entered: 05/12/2017)

May 12, 2017 PACER
15

ORDER granting 14 Motion for Extension of Time to Answer. No later than July 2, 2017, Defendants shall serve and file their response to the complaint, if any. Signed by Judge M. James Lorenz on 5/15/2017. (sjt) (Entered: 05/15/2017)

May 15, 2017 PACER
16

NOTICE of MDL Filing: Defendants' Motion for Transfer of Actions Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (jjg) (Entered: 05/19/2017)

May 16, 2017 PACER
17

NOTICE of Filing with MDL Panel, Opposition to Defendants' Motion to Transfer to the District of Columbia for Consolidation by American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Exhibit Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, In Opposition To Defendants' Motion for Transfer to the District of Columbia for Consolidation)(Burke, Thomas) Modified on 6/1/2017 (sjt). (Entered: 05/31/2017)

May 31, 2017 PACER
18

NOTICE of MDL Filing: Notice of Appearance (jjg) (Entered: 06/02/2017)

June 1, 2017 PACER
19

NOTICE NOTICE of Filing with MDL Panel of Reply Brief by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - JPML Reply Brief)(Patil, Chetan) Modified on 6/7/2017 (sjt). (Entered: 06/06/2017)

June 6, 2017 PACER
20

NOTICE of MDL Filing: Amended Notice of Appearance (jjg) (Entered: 06/07/2017)

June 7, 2017 PACER
21

RESPONSE in Opposition re 12 MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer Opposition to Defendants' Motion to Stay Proceedings filed by American Civil Liberties Union of San Diego and Imperial Counties. (Charney, Brendan) (QC mailer sent re: proof of service not filed as separate attachment) (sjt). (Entered: 06/12/2017)

June 12, 2017 PACER
22

REPLY to Response to Motion re 12 MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Patil, Chetan) (sjt). (Entered: 06/19/2017)

June 19, 2017 PACER
23

SUPPLEMENTAL DOCUMENT by American Civil Liberties Union of San Diego and Imperial Counties re 21 Response in Opposition to Motion, to Stay Proceedings. (Attachments: # 1 Exhibit A, # 2 Proof of Service)(Laidman, Daniel) (sjt). (Entered: 06/21/2017)

June 21, 2017 PACER
24

NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 12 MOTION to Stay Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer (Attachments: # 1 Exhibit 1 - Central District of California Order, # 2 Proof of Service)(Patil, Chetan) (sjt). (Entered: 06/22/2017)

June 22, 2017 PACER
25

SUPPLEMENTAL DOCUMENT by American Civil Liberties Union of San Diego and Imperial Counties re 21 Response in Opposition to Motion, To Stay. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Proof of Service)(Laidman, Daniel)(sjt). (Entered: 06/22/2017)

June 22, 2017 PACER
26

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 23 Supplemental Document, from Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. Non-compliance with local rule(s), ECF § 2(g)(2) - Documents in Support not filed as attachments. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/22/2017.(sjt) (Entered: 06/22/2017)

June 22, 2017 PACER
27

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 24 Notice (Other),, from Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Non-compliance with local rule(s), ECF § 2(g)(2) Document in support not filed as attachment. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/23/2017.(sjt) (Entered: 06/23/2017)

June 23, 2017 PACER
28

Notice of Document Discrepancies and Order Thereon by Judge M. James Lorenz Accepting re 25 Supplemental Document, from Plaintiff American Civil Liberties Union of San Diego and Imperial Counties. Non-compliance with local rule(s), ECF § 2(g)(2) Document in support not filed as attachment. IT IS HEREBY ORDERED: The document is accepted despite the discrepancy noted above. Any further non-compliant documents may be stricken from the record. Signed by Judge M. James Lorenz on 6/23/2017.(sjt) (Entered: 06/23/2017)

June 23, 2017 PACER
29

NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Eastern District of Virginia Order, # 2 Proof of Service)(Patil, Chetan) (lrf). (Entered: 06/27/2017)

June 27, 2017 PACER
30

NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Northern District of Illinois Order, # 2 Proof of Service)(Patil, Chetan) (lrf). (Entered: 06/28/2017)

June 28, 2017 PACER
31

NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Southern District of Florida Order, # 2 Proof of Service)(Patil, Chetan) (lrf). (Entered: 06/29/2017)

June 29, 2017 PACER
32

ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Patil, Chetan) (acc). (Entered: 06/30/2017)

June 30, 2017 PACER
33

NOTICE of Supplemental Authority by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit 1 - Northern District of Georgia Order, # 2 Proof of Service)(Patil, Chetan) (sjt). (Entered: 07/03/2017)

July 3, 2017 PACER
34

SUMMONS Returned Executed by American Civil Liberties Union of San Diego and Imperial Counties. All Defendants served. (Laidman, Daniel) (sjt). (Entered: 07/06/2017)

July 6, 2017 PACER
35

NOTICE of MDL Filing: Plaintiff's Brief In Opposition to Defendant's Motion to Stay Proceedings in the United States District Court for the Eastern District of Michigan (jjg) (Entered: 07/06/2017)

July 6, 2017 PACER
37

NOTICE of MDL Filing: Letter re Requests Regarding Executive Order 13769 (jjg) (Entered: 08/02/2017)

July 31, 2017 PACER
36

NOTICE of MDL Filing: Amended Notice of Presentation or Waiver of Oral Argument (jjg) (Entered: 08/02/2017)

Aug. 1, 2017 PACER
38

ORDER denying 12 Defendant's Motion to Stay. Signed by Judge M. James Lorenz on 8/3/2017. (sjt) (Entered: 08/03/2017)

Aug. 3, 2017 PACER
39

ORDER Setting Briefing Schedule : The Administrative Record shall be filed with the Court by August 30, 2017. Plaintiff shall file and serve his motion for summary judgment on or before September 8, 2017. On or before September 22, 2017, Defendants shall file and serve a consolidated memorandum of points and authorities consisting of their opposition and cross-motion for summary judgment, if any. On or before September 29, 2017, Plaintiff shall file and serve its consolidated memorandum of points and authorities consisting of its opposition to Defendants' cross-motion and reply to their opposition, if any. On or before October 6, 2017, Defendants shall file any reply to Plaintiffs opposition. Upon filing the foregoing, the matter will be deemed submitted on the briefs. There will be no oral argument unless requested by the Court. Signed by Judge M. James Lorenz on 8/10/2017.(sjt) (Entered: 08/10/2017)

Aug. 10, 2017 PACER
40

NOTICE of MDL Filing: Order Denying Transfer (jjg) (Entered: 08/15/2017)

Aug. 15, 2017 PACER
41

Joint MOTION to Modify Schedule re 39 Order Setting Briefing Schedule,,, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Berns, Matthew) (sjt). (Entered: 08/22/2017)

Aug. 22, 2017 PACER
42

ORDER granting in part and denying in part 41 Joint Motion to Modify Schedule. The August 10, 2017, Order Setting Briefing Schedule 39 is vacated. The parties shall forthwith contact the chambers of Magistrate Judge Jill L. Burkhardt to set a Neutral Evaluation Conference. The request for extension of time, implied in the Joint Motion to Modify Schedule, is denied for failure to show good cause. Any further requests for extension of time must be supported by a showing of good cause pursuant to Federal Rule of Civil Procedure 6(b)(1)(A) or (B), as appropriate depending on the timing of the request. Signed by Judge M. James Lorenz on 8/24/2017. (sjt) (jao). (Entered: 08/24/2017)

Aug. 24, 2017 PACER
43

NOTICE AND ORDER for Early Neutral Evaluation Conference Early Neutral Evaluation set for 9/27/2017 09:00 AM before Magistrate Judge Jill L. Burkhardt. Case Management Conference set for 9/27/2017 09:00 AM before Magistrate Judge Jill L. Burkhardt. Joint Discovery Plan due 9/13/2017. Signed by Magistrate Judge Jill L. Burkhardt on 9/1/2017.(sjt) (Entered: 09/01/2017)

Sept. 1, 2017 PACER
44

Joint MOTION Modify Order Setting Early Neutral Evaluation Conference and Case Management Conference re 43 Notice and Order for Early Neutral Evaluation conference, by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Declaration Declaration of Thomas R. Burke In Support of Joint Motion, # 2 Declaration Declaration of Dan Laidman In Support of Joint Motion, # 3 Proof of Service Certificate of Service)(Burke, Thomas) (sjt). (Entered: 09/06/2017)

Sept. 6, 2017 PACER
45

MINUTE ORDER by Magistrate Judge Jill L. Burkhardt granting ECF No. 44 Joint Motion to Modify Order Setting Early Neutral Evaluation Conference and Case Management Conference: For sufficient cause shown, the Joint Motion to Modify is GRANTED (ECF No. 44 ). The date for the Early Neutral Evaluation and Case Management Conferences is RESET for 10/17/2017 at 01:45 PM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101. This order does not otherwise alter the mandatory directions and other dates and deadlines set forth in the Court's 9/1/2017 Order (ECF No. 43 ). (no document attached) (smm) (Entered: 09/11/2017)

Sept. 11, 2017 PACER
46

JOINT DISCOVERY PLAN by American Civil Liberties Union of San Diego and Imperial Counties and Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection (Attachments: # 1 Proof of Service)(Burke, Thomas) (sjt). (Entered: 09/13/2017)

Sept. 13, 2017 PACER
47

MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. 46, Joint Discovery Plan: At the parties' request, the Court grants the parties leave to file a Joint Status Report. The Joint Status report shall be filed on or before October 13, 2017. (no document attached) (smm) (Entered: 09/28/2017)

Sept. 28, 2017 PACER
48

STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Patil, Chetan) (sjt). (Entered: 10/13/2017)

Oct. 13, 2017 PACER
49

Minute Order for proceedings held before Magistrate Judge Jill L. Burkhardt: An Early Neutral Evaluation Conference was held on 10/17/2017. A continued Early Neutral Evaluation Conference is SET for Monday, 11/6/2017, at 10:30 AM in the Chambers of Magistrate Judge Jill L. Burkhardt, Edward J. Schwartz U.S. Courthouse, 221 West Broadway, Suite 5140, San Diego, California 92101. In the event the case does not settle at the ENE Conference, a Case Management Conference is SET for 11/6/2017, and will be held at the conclusion of the ENE Conference. Only 1 litigation attorney for Plaintiff (Thomas R. Burke or Dan Laidman) need attend the Conferences. The mandatory directions for the Conferences set forth in the Court's 9/1/2017 Order shall otherwise apply (ECF No. 43 ). (Plaintiff Attorney Thomas R. Burke; Dan Laidman).(Defendant Attorney Chetan A. Patil). (no document attached) (smm) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
50

MINUTE ORDER by Magistrate Judge Jill L. Burkhardt: The parties shall file an updated Joint Status Report on or before 11/3/2017. (no document attached) (smm) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
51

STATUS REPORT Joint Status Report by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service)(Burke, Thomas)(mxn). (Entered: 11/03/2017)

Nov. 3, 2017 PACER
52

Minute Entry for proceedings held before Magistrate Judge Jill L. Burkhardt: An Early Neutral Evaluation Conference was held on 11/6/2017. The case did not settle. A Case Management Conference was held on 11/6/2017. Scheduling order to follow. (Plaintiff Attorney Dan Laidman). (Defendant Attorney Chetan A. Patil). (no document attached) (smm) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
53

SCHEDULING ORDER. A Case Management Conference was held on 11/6/2017. By 4/30/2018, the parties shall file a Supplemental Joint Discovery Plan. A second Case Management Conference is set for 5/7/2018 at 11:00 AM before Magistrate Judge Jill L. Burkhardt. The CMC shall be a telephonic, counsel-only Conference. Signed by Magistrate Judge Jill L. Burkhardt on 11/6/2017.(mxn) (Entered: 11/06/2017)

Nov. 6, 2017 PACER
54

JOINT DISCOVERY PLAN by American Civil Liberties Union of San Diego and Imperial Counties re 46 Joint Discovery Plan, 48 Status Report, 51 Status Report Supplemental Joint Discovery Plan (Attachments: # 1 Proof of Service Certificate of Service)(Laidman, Daniel) (sjt). (Entered: 04/30/2018)

April 30, 2018 PACER
55

Minute Order by Magistrate Judge Jill L. Burkhardt re ECF No. 53 : At the request of the parties (ECF No. 54 ), the second CMC is RESET from 5/7/2018 to Friday, 6/22/2018, at 09:00 AM before Magistrate Judge Jill L. Burkhardt. The CMC shall be a telephonic, counsel-only Conference. Plaintiff's principal attorney responsible for the litigation is responsible for placing one joint call with all participating counsel already on the line into Judge Burkhardt's Chambers at (619) 557-6624. IT IS FURTHER ORDERED THAT by Friday, 6/15/2018, the parties shall file a Second Supplemental Joint Discovery Plan that provides both a status update and a proposed deadline for the parties to file cross-motions for summary judgment. (no document attached) (smm) (Entered: 05/04/2018)

May 4, 2018 PACER
56

JOINT DISCOVERY PLAN by American Civil Liberties Union of San Diego and Imperial Counties re 46 Joint Discovery Plan, 48 Status Report, 51 Status Report, 54 Joint Discovery Plan, Second Supplemental Joint Discovery Plan (Attachments: # 1 Proof of Service)(Burke, Thomas) (sjt). (Entered: 06/15/2018)

June 15, 2018 PACER
57

MINUTE ORDER by Magistrate Judge Jill L. Burkhardt re ECF No. 56 Joint Discovery Plan: Having reviewed the parties' Second Supplemental Joint Discovery Plan, the 6/22/2018 Case Management Conference is VACATED. Scheduling order to follow. (no document attached) (smm) (Entered: 06/20/2018)

June 20, 2018 PACER
58

Order Setting Briefing Schedule on Cross-Motions for Summary Judgment: Defendants Motion for Summary Judgment must be filed no later than October 30, 2018. Plaintiffs Opposition and/or Cross-Motion for Summary Judgment must be filed no later than November 30, 2018. Defendants Reply in support of their Motion for Summary Judgment and/or Opposition to Plaintiffs Cross-Motion for Summary Judgment must be filed no later than December 21, 2018. Plaintiffs Reply in support of their Cross-Motion for Summary Judgment must be filed no later than January 11, 2019. Signed by Magistrate Judge Jill L. Burkhardt on 6/21/2018.(sjt) (Entered: 06/21/2018)

June 21, 2018 PACER
59

NOTICE of Settlement by American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Proof of Service Certificate of Service)(Burke, Thomas) (anh). (Entered: 10/15/2018)

Oct. 15, 2018 PACER
60

NOTICE of Change of Address by Chetan A Patil (Attachments: # 1 Proof of Service)(Patil, Chetan) (anh). (Entered: 10/16/2018)

Oct. 16, 2018 PACER
61

Joint MOTION to Dismiss and to Extend Plaintiff's Deadline to Move to Recover Fees and Costs by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service Certificate of Service)(Burke, Thomas)(sjt). (Entered: 10/17/2018)

Oct. 17, 2018 PACER
62

ORDER Granting Joint Motion to Dismiss and Extend Deadline for Attorneys' Fees and Costs [ECF No. 61 ]. The Court hereby dismisses his matter with prejudice upon the parties' request. In light of the parties' representation that they will meet and confer in hopes of resolving the attorneys' fees and costs issuewithout motion practice, the Court finds good cause has been shown to extend the deadline to file a motion for attorneys' fees and cost to no later than 60 days after the filing of this order. Signed by Judge M. James Lorenz on 10/18/2018.(lrf) (jao). (Entered: 10/18/2018)

Oct. 18, 2018 PACER
63

Joint MOTION for Extension of Time to File Motion to Recover Attorneys' Fees by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service)(Laidman, Daniel) (sjt). (Entered: 12/04/2018)

Dec. 4, 2018 PACER
64

ORDER Granting Joint Motion. For good cause shown pursuant to Federal Rule of Civil Procedure 6(b), the Joint Motion to Extend Plaintiff's Deadline to Move to Recover Fees and Costs is granted. No later than 3/7/2019, Plaintiff shall file and serve its motion, if any, to recover attorneys' fees and costs pursuant to 5 U.S.C. §552(a)(4)(E). Signed by Judge M. James Lorenz on 12/5/2018. (lrf) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
65

Joint MOTION for Extension of Time to File Plaintiff's motion for attorney's fees by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proof of Service)(Patil, Chetan) (sjt). (Entered: 02/14/2019)

Feb. 14, 2019 PACER
66

ORDER Granting Joint Motion. For good cause shown pursuant to Federal Rule of Civil Procedure 6(b), the second Joint Motion to Extend Plaintiff's Deadline to Move to Recover Fees and Costs is granted. No later than 5/6/2019, Plaintiff shall file and serve its motion, if any, to recover attorneys' fees and costs pursuant to 5 U.S.C. §552(a)(4)(E). Signed by Judge M. James Lorenz on 2/15/2019. (lrf) Modified date on 2/19/2019 (lrf). (Entered: 02/19/2019)

Feb. 15, 2019 PACER
67

Joint MOTION for Extension of Time to File Motion to Recover Attorneys' Fees and Costs by American Civil Liberties Union of San Diego and Imperial Counties. (Attachments: # 1 Proof of Service)(Laidman, Daniel) (tcf). (Entered: 05/01/2019)

May 1, 2019 PACER
68

ORDER Granting Joint Motion [ECF No. 67 ]. The third Joint Motion to Extend Plaintiff's Deadline to Move to Recover Fees and Costs is granted. No later than 8/14/2019, Plaintiff shall file and serve its motion, if any, to recover attorneys' fees and costs pursuant to 5 U.S.C. §552(a)(4)(E). Signed by Judge M. James Lorenz on 5/2/2019. (lrf) (Entered: 05/02/2019)

May 2, 2019 PACER
69

NOTICE of Settlement by American Civil Liberties Union of San Diego and Imperial Counties (Attachments: # 1 Certificate of Service)(Burke, Thomas)(sjt). (Entered: 07/11/2019)

1 Certificate of Service

View on PACER

July 11, 2019 RECAP

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: April 12, 2017

Closing Date: July 11, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLU of San Diego and Imperial Counties

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

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. Customs and Border Protection, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Special Case Type(s):

Multi-District Litigation (MDL)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Document/information produced

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Racial profiling

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Watchlist

Discrimination-basis:

Immigration status

National origin discrimination

Religion discrimination

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern