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

ACLU of San Diego v. Department of Homeland Security

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

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

ACLU of San Diego v. DHS

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

ACLU of San Diego v. DHS

ACLU of San Diego v. DHS

Vera Eidelman

American Civil Liberties Union (ACLU) of San Diego

American Civil Liberties Union (ACLU)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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

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

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

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

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