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

1:17-cv-00441 | U.S. District Court for the Eastern District of Virginia

Filed Date: April 12, 2017

Closed Date: June 5, 2019

Clearinghouse coding complete

Case Summary

On Apr. 12, 2017, the ACLUs of Virginia, Maryland, Pennsylvania, and Delaware filed this lawsuit under the Freedom of Information Act (FOIA), in the U.S. District Court for the Eastern District of Virginia. 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 ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically,…

On Apr. 12, 2017, the ACLUs of Virginia, Maryland, Pennsylvania, and Delaware filed this lawsuit under the Freedom of Information Act (FOIA), in the U.S. District Court for the Eastern District of Virginia. 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 ban 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."

The request concerned implementation at international airports within the purview of CBP's Baltimore Field Office, including Washington Dulles International Airport, Baltimore Washington International Airport, Philadelphia International Airport, Pittsburgh International Airport ("Local International Airports"), and Baltimore, Philadelphia, Pittsburgh, Port of Washington-Dulles and Wilmington ("Port of Entry Offices"). 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 9, 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 June 26, Judge Brinkema stayed all proceedings pending the decision on the motion to transfer. On Aug. 25, the parties filed a consent motion to reopen the case, given that the government's MDL motion to transfer was denied on Aug. 2. 261 F. Supp. 3d 1348. The Court granted this consent motion on the same day.

On Jan. 11, Judge Brinkema ordered as follows:

- CBP must process 200 pages of potentially responsive emails in its Baltimore office by Feb. 28, and 400 pages by Apr. 30;

- CBP must produce responsive, non-exempt records to plaintiffs by Apr. 30;

- CBP must make rolling productions every two months after that, achieving 95% production by Aug. 31;

- CBP must complete production by Dec. 31.

The parties will file joint status reports every two months. Any hearing is postponed until after the parties file their final joint status report.

The latest status report, of Mar. 15, 2018, noted that defendants had completed processing over 900 pages. May through November status reports indicated the defendants were continuing to process and produce responsive records.

The parties continued to cooperate over the next year, largely sticking to the schedule and producing documents on the agreed upon time frame. On June 5, 2019, the parties submitted a stipulation of dismissal with prejudice, which was granted that same day.

The documents released by the government in all the ACLU cases are available through this case page. This case is closed.

Summary Authors

Ava Morgenstern (3/17/2018)

Virginia Weeks (11/17/2018)

Jack Hibbard (8/18/2020)

Related Cases

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American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security, Southern District of California (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 attrorneys, see: https://www.courtlistener.com/docket/4684455/parties/american-civil-liberties-union-of-virginia-v-us-department-of-homeland/


Judge(s)

Brinkema, Leonie M. (Virginia)

Davis, Ivan D. (Virginia)

Attorneys(s) for Plaintiff

Burke, Thomas R. (California)

Eckstein, Maya Miriam (Virginia)

Mehta, Leslie Chambers (Virginia)

Range, John Jay (District of Columbia)

Attorneys(s) for Defendant

Barghaan, Dennis C. (Virginia)

Berns, Matthew (District of Columbia)

Boente, Dana J. (District of Columbia)

Coyle, Garrett Joseph (District of Columbia)

Judge(s)

Brinkema, Leonie M. (Virginia)

Davis, Ivan D. (Virginia)

Attorneys(s) for Plaintiff

Burke, Thomas R. (California)

Eckstein, Maya Miriam (Virginia)

Mehta, Leslie Chambers (Virginia)

Range, John Jay (District of Columbia)

Attorneys(s) for Defendant

Barghaan, Dennis C. (Virginia)

Berns, Matthew (District of Columbia)

Boente, Dana J. (District of Columbia)

Coyle, Garrett Joseph (District of Columbia)

Doherty-McCormick, Tracy (Virginia)

Harris, Julie Straus (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Terwilliger, G. Zachary (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-00441

Docket [PACER]

June 5, 2019

June 5, 2019

Docket
1

1:17-cv-00441

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

ACLU of Virginia v. U.S. Department of Homeland Security

April 12, 2017

April 12, 2017

Complaint
28

1:17-cv-00441

Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, In Opposition to Defendants' Motion for Transfer to the District of Columbia for Consolidation

ACLU of Virginia v. DHS

May 30, 2017

May 30, 2017

Pleading / Motion / Brief
30

1:17-cv-00441

Plaintiffs' Memorandum In Opposition to Defendants' Motion to Stay Proceedings Pending Decision on Motion to Transfer

ACLU of Virginia v. DHS

May 31, 2017

May 31, 2017

Pleading / Motion / Brief
32

1:17-cv-00441

Defendants' Reply Memorandum of Law in Support of Their Motion to Stay Proceedings Pending Decision on Motion to Transfer

ACLU of Virginia v. DHS

June 6, 2017

June 6, 2017

Pleading / Motion / Brief
31

1:17-cv-00441

Defendants' Notice of Reply Brief Filed With the United States Judicial Panel on Multidistrict Litigation

ACLU of Virginia v. DHS

June 6, 2017

June 6, 2017

Pleading / Motion / Brief
33

1:17-cv-00441

Defendants' Notice of Decision

ACLU of Virginia v. DHS

June 20, 2017

June 20, 2017

Pleading / Motion / Brief
36

1:17-cv-00441

Order

ACLU of Virginia v. DHS

June 26, 2017

June 26, 2017

Order/Opinion
37

1:17-cv-00441

Defendants' Consent Motion to Reinstate Administratively Closed Case

ACLU of Virginia v. DHS

Aug. 25, 2017

Aug. 25, 2017

Pleading / Motion / Brief
38

1:17-cv-00441

Order

ACLU of Virginia v. DHS

Aug. 25, 2017

Aug. 25, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4684455/american-civil-liberties-union-of-virginia-v-us-department-of-homeland/

Last updated Aug. 4, 2022, 3:20 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. Customs and Border Protection, U.S. Department of Homeland Security ( Filing fee $ 400, receipt number 0422-5471604.), filed by American Civil Liberties Union of Virginia, American Civil Liberties of Maryland, American Civil Liberties of Delaware, American Civil Liberties Union of Pennsylvania. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet)(acha, ) (Entered: 04/12/2017)

1 Exhibit A

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2 Exhibit B

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3 Civil Cover Sheet

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April 12, 2017

April 12, 2017

PACER
2

Corporate Disclosure Statement by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
3

Proposed Summons by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER

Notice of Correction re 3 Proposed Summons. Filing user notified to file completed proposed summons for EACH defendant. (dvanm, )

April 18, 2017

April 18, 2017

PACER
4

Proposed Summons re 1 Complaint, Customs and Border Protection by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
5

Proposed Summons re 1 Complaint, Department of Homeland Security by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/18/2017)

April 18, 2017

April 18, 2017

PACER
6

DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, U.S. Department of Homeland Security by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 6 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
7

DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, United States Customs and Border Protection by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 7 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
8

Proposed Summons re 1 Complaint, Civil Process Clerk, United States Attorney's Office by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
9

DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, Civil Process Clerk, United States Attorney's Office by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 9 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
10

Proposed Summons re 1 Complaint, United States Department of Homeland Security by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
11

Proposed Summons re 1 Complaint, United States Customs and Border Protection by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
12

Proposed Summons re 1 Complaint, United States Department of Justice by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
13

DOCUMENT REMOVED - FILED IN ERROR - Proposed Summons re 1 Complaint, United States Department of Justice by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 13 replaced on 4/20/2017) (dvanm, ). Modified on 4/20/2017 (dvanm, ). (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
14

Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General NOTICE TO ATTORNEY: Print out two electronically issued summons and one copy of the attachments for each defendant to be served with the complaint. (Attachments: # 1 Notice)(dvanm, ) (Entered: 04/20/2017)

1 Notice

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April 20, 2017

April 20, 2017

PACER
15

AFFIDAVIT re 14 Summons Issued as to USA, 1 Complaint, Affidavit of Service by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Main Document 15 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
16

CERTIFICATE of Service Acknowledgement of Receipt by U.S. Department of Homeland Security re 1 Complaint, 10 Proposed Summons, by Maya Miriam Eckstein on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Eckstein, Maya) (Main Document 16 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
17

CERTIFICATE of Service U.S. Department of Customs and Border Protection re 11 Proposed Summons, 1 Complaint, by Maya Miriam Eckstein on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Eckstein, Maya) (Main Document 17 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER
18

CERTIFICATE of Service Acknowledgement of Receipt by U.S. Department of Justice re 1 Complaint, 12 Proposed Summons, by Maya Miriam Eckstein on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Eckstein, Maya) (Main Document 18 replaced on 4/27/2017) (dvanm, ). (Entered: 04/26/2017)

April 26, 2017

April 26, 2017

PACER

Notice of Correction re 17 Certificate of Service, 16 Certificate of Service, 15 Affidavit, 18 Certificate of Service. The filing user has been notified to re-file the service returns in paper form as they are exempt from ECF. Documents have been removed as filed in error. (dvanm, )

April 27, 2017

April 27, 2017

PACER
19

SUMMONS Returned Executed by American Civil Liberties Union of Virginia, American Civil Liberties of Maryland, American Civil Liberties of Delaware, American Civil Liberties Union of Pennsylvania. U.S. Attorney served on 4/24/2017, answer due 6/23/2017. (dvanm, ) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

PACER
20

NOTICE of Appearance by Dennis Carl Barghaan, Jr on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Barghaan, Dennis) (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
21

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit Index, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Barghaan, Dennis) (Entered: 05/09/2017)

1 Exhibit Index

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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May 9, 2017

May 9, 2017

PACER
22

MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 05/11/2017)

1 Proposed Order

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May 11, 2017

May 11, 2017

PACER
23

ORDER granting 22 Motion for Extension of Time to Answer; it is furtherORDERED that, on or before July 7, 2017, defendants shall answer or otherwise respond to plaintiffs' complaint in the above-captioned action. Signed by District Judge Leonie M. Brinkema on 05/12/2017. (dvanm, ) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
24

MOTION to Stay Proceedings Pending Decision on Motion to Transfer by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
25

Memorandum in Support re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER

Notice of Correction re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer The filing user has been notified to file a Notice of Hearing Date or a Notice of Waiver of Oral Argument. (clar, )

May 18, 2017

May 18, 2017

PACER
26

Notice of Hearing Date set for 6/16/2017 re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Barghaan, Dennis) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
27

ORDER - Defendants have noticed a hearing on their Motion to Stay Proceedings Pending Decision on Motion to Transfer 24 for June 16, 2017. 26 . The Court is not conducting a docket on that day. Accordingly, it is hereby ORDERED that the parties confer regarding availability and renotice the hearing for June23, June 30, or July 7, 2017 at 10:00 a.m. Signed by District Judge Leonie M. Brinkema on 05/24/2017. (dvanm, ) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
28

Memorandum in Opposition re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
29

Notice of Hearing Date (Amended) set for 6/30/2017 re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Barghaan, Dennis) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
30

Memorandum in Opposition re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Attachments: # 1 Exhibit Exhibit A)(Eckstein, Maya) (Entered: 05/31/2017)

1 Exhibit Exhibit A

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May 31, 2017

May 31, 2017

PACER

Reset Deadlines as to 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer. Motion Hearing set for 6/30/2017 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. (clar, )

June 1, 2017

June 1, 2017

PACER
31

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Reply Brief Filed With the United States Judicial Panel on Multidistrict Litigation (Attachments: # 1 Reply Brief)(Barghaan, Dennis) (Entered: 06/06/2017)

1 Reply Brief

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June 6, 2017

June 6, 2017

PACER
32

REPLY to Response to Motion re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
33

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 24 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (Attachments: # 1 District of Maine Order)(Barghaan, Dennis) (Entered: 06/20/2017)

1 District of Maine Order

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June 20, 2017

June 20, 2017

PACER
34

NOTICE of Appearance by John Jay Range on behalf of American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland (Range, John) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER
35

NOTICE by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland of Supplemental Authorities (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Range, John) (Entered: 06/23/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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June 23, 2017

June 23, 2017

PACER
36

ORDER granting 24 Motion to Stay. Signed by District Judge Leonie M. Brinkema on 06/26/2017. (dvanm, ) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
37

Consent MOTION to Reopen Case by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 08/25/2017)

1 Proposed Order

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Aug. 25, 2017

Aug. 25, 2017

PACER
38

ORDER - It is hereby ORDERED that Defendants' consent motion 37 is GRANTED; and it is further ORDERED that, on or before August 29, 2017, Defendants shall answer or otherwise respond to Plaintiffs' complaint in the above-captioned action. Signed by District Judge Leonie M. Brinkema on 8/25/17. (gwalk, ) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
39

ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Barghaan, Dennis) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
40

SCHEDULING ORDER: Initial Pretrial Conference set for 9/20/2017 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. Discovery due by 1/12/2018. Final Pretrial Conference set for 1/18/2018 at 10:00 AM in Alexandria Courtroom 600 before District Judge Leonie M. Brinkema. Signed by District Judge Leonie M. Brinkema on 8/31/17. (Attachments: # 1 Mag.Consent, # 2 Pretrial Notice)(yguy) (Entered: 08/31/2017)

1 Mag.Consent

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2 Pretrial Notice

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Aug. 31, 2017

Aug. 31, 2017

PACER
41

Discovery Plan by U.S. Customs and Border Protection, U.S. Department of Homeland Security.(Barghaan, Dennis) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
42

ORDERED that the parties' request to continue the Initial Pretrial Conference is GRANTED. The Initial Pretrial Conference is continued to 10/11/2017 at 11:00 a.m.; that the parties shall file a Joint Status Report by no later than close of business on 10/4/2017. Signed by Magistrate Judge Ivan D. Davis on 9/14/2017. (rban, ) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER

Reset Scheduling Order Deadline: Initial Pretrial Conference reset for 10/11/2017 at 11:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (rban, )

Sept. 14, 2017

Sept. 14, 2017

PACER
43

STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
44

ORDER re 43 Status Report filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection. Finding that the request is reasonable given the issues raised by counsel, the request is GRANTED and it is hereby ORDERED that the parties file their next Joint Status Report by October 25, 2017 and appear in court for a scheduling conference Friday, November 3, 2017 at 10:00 am. Signed by District Judge Leonie M. Brinkema on 10/10/2017. (dvanm, ) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER

Reset Scheduling Order Deadline: Initial Pretrial Conference set for 11/3/2017 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (dvanm, )

Oct. 10, 2017

Oct. 10, 2017

PACER
45

STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhbit 1)(Barghaan, Dennis) (Entered: 10/24/2017)

1 Exhbit 1

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Oct. 24, 2017

Oct. 24, 2017

PACER
46

Minute Entry for proceedings held before Magistrate Judge Ivan D. Davis:Initial Pretrial Conference held on 11/3/2017. Appearances of Counsel for Plaintiff and Defendants. Discovery Plan approved. Order to issue. (lgue, ) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
47

Order Rule 16(b) Scheduling Order. Pursuant to Rule 16(b) and the Court's October 10, 2017 Order, a pretrial conference was held in this matter on November 3, 2017. Upon consideration of the representations made by the parties in their Joint Case Management and Discovery Plan 41 and for the reasons discussed during the pretrial conference, the Court makes the following rulings: The Discovery Plan filed by the parties is approved and shall control discovery to the extent of its application unless further modified by the Court(see order for further details). Signed by Magistrate Judge Ivan D. Davis on 11/03/2017. (lgue, ) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
48

MOTION to Vacate 40 Scheduling Order, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
49

Memorandum in Support re 48 MOTION to Vacate 40 Scheduling Order, filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Declaration)(Barghaan, Dennis) (Entered: 12/12/2017)

1 Declaration

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Dec. 12, 2017

Dec. 12, 2017

PACER
50

Notice of Hearing Date set for 1/5/2018 re 48 MOTION to Vacate 40 Scheduling Order, (Barghaan, Dennis) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER

Set Deadlines as to 48 MOTION to Vacate 40 Scheduling Order, . Motion Hearing set for 1/5/2018 at 10:00 AM in Alexandria Courtroom 301 before Magistrate Judge Ivan D. Davis. (clar, )

Dec. 13, 2017

Dec. 13, 2017

PACER

MOTIONS REFERRED to Magistrate Judge: Davis. 48 MOTION to Vacate 40 Scheduling Order, (clar, )

Dec. 13, 2017

Dec. 13, 2017

PACER

Set/Reset Deadlines as to 48 MOTION to Vacate 40 Scheduling Order. Motion Hearing set for 1/5/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (gwalk, )

Dec. 18, 2017

Dec. 18, 2017

PACER
51

ORDER - Before the Court is defendants' Motion to Vacate Scheduling Order 48 which they have noticed for oral argument on Friday, January 5, 2018, a day the Court is not hearing motions. Accordingly, it is hereby ORDERED that the motion be renoticed for a hearing on Friday, January 12,2018 at 10:00 a.m. before the undersigned judge. Signed by District Judge Leonie M. Brinkema on 12/19/2017. (dvanm, ) (Entered: 12/19/2017)

Dec. 19, 2017

Dec. 19, 2017

PACER
52

Withdrawal of Motion by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 48 MOTION to Vacate 40 Scheduling Order, (Without Prejudice) (Barghaan, Dennis) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
53

MOTION to Vacate 40 Scheduling Order, (Revised) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER
54

Memorandum in Support re 53 MOTION to Vacate 40 Scheduling Order, (Revised) filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Howard Declaration)(Barghaan, Dennis) (Entered: 12/21/2017)

1 Howard Declaration

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Dec. 21, 2017

Dec. 21, 2017

PACER
55

Notice of Hearing Date set for 1/12/18 re 53 MOTION to Vacate 40 Scheduling Order, (Revised) (Barghaan, Dennis) (Entered: 12/21/2017)

Dec. 21, 2017

Dec. 21, 2017

PACER

Set Deadlines as to 53 MOTION to Vacate 40 Scheduling Order, (Revised). Motion Hearing set for 1/12/2018 at 10:00 AM in Alexandria Courtroom 700 before District Judge Leonie M. Brinkema. (clar, )

Dec. 22, 2017

Dec. 22, 2017

PACER
56

MOTION for Extension of Time to File Response/Reply as to 53 MOTION to Vacate 40 Scheduling Order, (Revised) Plaintiff's Unopposed Motion for Extension of Time by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Attachments: # 1 Proposed Order)(Eckstein, Maya) (Entered: 01/02/2018)

1 Proposed Order

View on PACER

Jan. 2, 2018

Jan. 2, 2018

PACER
57

ORDER granting 56 Motion for Extension of Time to File Response/Reply. Plaintiffs shall file a response to Defendants' Revised Motion to Vacate Scheduling Order filed on December 21, 2017 53 no later than Monday,January 8,. 2018 at 12 p.m. Signed by Magistrate Judge Ivan D. Davis on 01/03/2018. (dvanm, ) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
58

Opposition to 53 MOTION to Vacate 40 Scheduling Order, (Revised) filed by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Attachments: # 1 Exhibit Email)(Eckstein, Maya) (Entered: 01/08/2018)

1 Exhibit Email

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Jan. 8, 2018

Jan. 8, 2018

PACER
59

Memorandum (Joint) to 53 MOTION to Vacate 40 Scheduling Order, (Revised) filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 01/11/2018)

1 Proposed Order

View on PACER

Jan. 11, 2018

Jan. 11, 2018

PACER
60

ORDER: For the reasons stated in the parties' Joint Submission Regarding Defendants' Pending Revised Motion to Vacate Scheduling Order, and for good cause shown, it is hereby ORDERED that by February 28, 2018, Defendant U.S. Customs and Border Protection ("CBP") will process 200 pages of potentially responsive email messages and attachments from the files of custodians in the Baltimore Field Office, and produce to plaintiffs any responsive, non-exempt records; and it is further ORDERED that by April 30, 2018, CBP will process 400 pages of potentially responsive email messages and attachments from the files of custodians in the Baltimore Field Office, and produce to plaintiffs any responsive, non-exempt records; and it is further ORDERED that after April 30, 2018, on a bi-monthly (once every two months) basis, CBP will make rolling productions of responsive, non-exempt records consisting of email messages and attachments from the files of custodians in the Baltimore Field Office, and produce to plaintiffs any responsive, non-exempt records to plaintiffs, with at least 95 percent of all potentially responsive such records processed and any responsive, non-exempt pages released to plaintiffs by August 31,2018; and it is further ORDERED that by December 31,2018, CEP will have completed processing all potentially responsive email messages and attachments from the files of custodians in the Baltimore Field Office and released all responsive, non-exempt such records to plaintiffs; and it is further ORDERED that on a bi-monthly (once every two months) basis, on the 15th day of the month following each bi-monthly production, the parties will file with the Court a joint statusreport advising the Court of the agency's progress in processing plaintiffs' request; and it is further ORDERED that the Court's August 31,2017 Order be VACATED; and it is further ORDERED that the January 18,2018 final pretrial conference be CONTINUED until a date after the parties' filing of their final joint status report advising the Court that the agency has completed processing plaintiffs' request. (see order for details). Signed by District Judge Leonie M. Brinkema on 1/11/18. (yguy) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
61

STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
62

STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
63

STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
64

STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
65

STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
66

Consent MOTION for Extension of Time by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 01/16/2019)

1 Proposed Order

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Jan. 16, 2019

Jan. 16, 2019

PACER
67

ORDER granting 66 Motion for Extension of Time to File. It is further ORDERED that, on or before February 6, 2019, the parties shall file a joint status report in the above-captioned action. Signed by District Judge Leonie M. Brinkema on 01/16/2019. (dvanm, ) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
68

STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Barghaan, Dennis) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
69

ORDERED that the parties file a joint status report no later than February 22, 2019. Signed by District Judge Leonie M. Brinkema on 02/06/2019. (dvanm, ) (Entered: 02/06/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
70

STATUS REPORT by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Attachments: # 1 Proposed Order)(Eckstein, Maya) (Entered: 02/22/2019)

1 Proposed Order

View on PACER

Feb. 22, 2019

Feb. 22, 2019

PACER
71

ORDERED that the parties shall address all issues relating to attorney's fees according to the following schedule:. Signed by District Judge Leonie M. Brinkema on 2/22/2019. (see Order for details)(dvanm, ) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
72

Joint MOTION for Extension of Time by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barghaan, Dennis) (Entered: 03/22/2019)

1 Proposed Order

View on PACER

March 22, 2019

March 22, 2019

PACER
73

ORDER granting 72 Motion for Extension of Time to File. Signed by Magistrate Judge Ivan D. Davis on 3/25/2019. (see Order for details) (dvanm, ) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

RECAP
74

Joint MOTION to Vacate 73 Order on Motion for Extension of Time to File Joint Motion to Vacate Briefing Schedule by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Attachments: # 1 Proposed Order)(Eckstein, Maya) (Entered: 04/18/2019)

1 Proposed Order

View on PACER

April 18, 2019

April 18, 2019

PACER
75

ORDER granting 74 Motion to Vacate the briefing schedule. ORDERED that the parties shall promptly file a stipulation of dismissal when a final settlement has been reached. ORDERED that if no final settlement has been reached within 60 days, the parties shall file a status report. Signed by District Judge Leonie M. Brinkema on 4/18/19. (klau, ) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
76

STIPULATION of Dismissal of Action with Prejudice by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. (Eckstein, Maya) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

RECAP
77

So Ordered re 76 Stipulation of Dismissal filed by American Civil Liberties Union of Pennsylvania, American Civil Liberties Union of Virginia, American Civil Liberties of Delaware, American Civil Liberties of Maryland. Signed by District Judge Leonie M. Brinkema on 06/05/2019. (dvanm, ) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER

Case Details

State / Territory: Virginia

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 12, 2017

Closing Date: June 5, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The ACLUs of Virginia, Maryland, Pennsylvania, and Delaware.

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):

Jurisdiction-wide

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:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Watchlist

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern