Case: American Civil Liberties Union of Maine v. U.S. Customs and Border Protection

2:17-cv-00132 | U.S. District Court for the District of Maine

Filed Date: April 12, 2017

Closed Date: March 29, 2019

Clearinghouse coding complete

Case Summary

On Apr. 12, 2017, the ACLUs of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island filed this lawsuit in the U.S. District Court for the District of Maine, 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 ban admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Ye…

On Apr. 12, 2017, the ACLUs of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island filed this lawsuit in the U.S. District Court for the District of Maine, 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 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 at issue in this particular case concerned implementation at CBP's Boston Field Office, including Boston's Logan International Airport and other smaller international airports and ports of entry throughout New England.

In the complaint, plaintiffs argued that the requested records "would facilitate the public’s understanding" of how defendants implemented and enforced the Executive Orders through CBP's Boston Field Office, and that "[s]uch information is critical to the public’s ability to hold the government accountable." Plaintiffs argued that "[a]t Boston’s Logan International Airport, implementation of the order harmed both individuals and institutions. Scholars and academics from Boston-area institutions were denied entry into the United States. Doctors from New England hospitals and patients seeking medical care were delayed, denied entry, or subjected to unnecessary anguish."

The case was assigned to Judge George Z. Singal.

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

On May 11, the government filed a motion to stay proceedings pending the decision by the judicial panel regarding the multidistrict litigation. The ACLU opposed the government's motion on May 31, and on June 14 the government replied. On June 19, Judge Singal granted the motion to stay for the next 60 days.

On Aug. 2, the Judicial Panel on Multidistrict Litigation denied defendants' transfer motion. The next day, Judge Singal lifted the stay. Defendants answered the complaint on Aug. 24. Although the court soon set a trial schedule, the court then vacated this at the parties' request on Sept. 15. The parties agreed to instead submit a joint status report by Nov. 1.

In their Nov. 1 status report, the parties sharply disputed defendants' progress on identifying local records. Defendants had, as of Oct. 17, produced a list of core search terms and had begun locating records. Plaintiffs argued that defendants had refused to release any records or to estimate a time frame for doing so, and asked the court to set a production deadline or timeline. The Court held a Nov. 21 status conference, and ordered the parties to brief several issues of document production.

Both parties sent separate letters to the Court on Dec. 8. Defendants asked the Court to permit CBP to process plaintiff's request in coordination with the other ACLU cases "as swiftly as practicable." Plaintiffs, meanwhile, asked the Court to order CBP to process the request responsively to this specific case, and to produce 820 pages monthly until Nov. 2018. Both parties filed responses on Dec. 22.

In the status report of Mar. 30, 2018, the parties described the government's 16 productions to date and their disputes over the adequacy of production. Subsequent status reports indicated the government has processed and produced thousands of responsive pages.

According to a December 17, 2018 status report, the defendants satisfied their production obligations to the satisfaction of the plaintiffs by their November 30 deadline. The parties reached a private settlement agreement on March 27, 2019 for attorney fees, and they submitted a stipulation of dismissal two days later. The case is closed.

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

Summary Authors

Ava Morgenstern (4/7/2018)

Virginia Weeks (10/1/2018)

Ellen Aldin (6/24/2020)

Related Cases

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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)

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/13431744/parties/american-civil-liberties-union-of-maine-v-us-customs-and-border-protection/


Judge(s)

Rich, John H. III (Maine)

Singal, George Z. (Maine)

Attorneys(s) for Plaintiff

Archer, Jennifer A. (Maine)

Bond, Emma E. (Maine)

Heiden, Zachary L. (Maine)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Drezner, Michael Leon (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Judge(s)

Rich, John H. III (Maine)

Singal, George Z. (Maine)

Attorneys(s) for Plaintiff

Archer, Jennifer A. (Maine)

Bond, Emma E. (Maine)

Heiden, Zachary L. (Maine)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Drezner, Michael Leon (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Sawyer, Sheila W. (Maine)

Shapiro, Elizabeth J. (District of Columbia)

Documents in the Clearinghouse

Document

2:17-cv-00132

Docket [PACER]

ACLU of Maine v. U.S. Customs and Border Protection

March 29, 2019

March 29, 2019

Docket
1

2:17-cv-00132

Complaint

ACLU of Maine v. U.S. Customs and Border Protection

April 12, 2017

April 12, 2017

Complaint
15

2:17-cv-00132

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

ACLU of Maine v. U.S. Customs and Border Protection

May 31, 2017

May 31, 2017

Pleading / Motion / Brief
30

2:17-cv-00132

Joint Status Report

Nov. 1, 2017

Nov. 1, 2017

Pleading / Motion / Brief
36

2:17-cv-00132

Re: ACLU of Maine v. U.S. Customs and Border Protection [Notice/Correspondence by Plaintiffs]

ACLU of Maine v. U.S. Customs and Border Protection

Dec. 8, 2017

Dec. 8, 2017

Pleading / Motion / Brief
35

2:17-cv-00132

[Notice/Correspondence re: Order of November 24, 2017 by Defendants]

ACLU of Maine v. U.S. Customs and Border Protection

Dec. 8, 2017

Dec. 8, 2017

Pleading / Motion / Brief
40

2:17-cv-00132

[Re: Reply to Plaintiffs' Letter Brief by All Defendants]

ACLU of Maine v. CBP

Dec. 22, 2017

Dec. 22, 2017

Pleading / Motion / Brief
39

2:17-cv-00132

Re: ACLU v. U.S. Customs Border Protection

ACLU of Maine v. CBP

Dec. 22, 2017

Dec. 22, 2017

Pleading / Motion / Brief
43

2:17-cv-00132

Joint Status Report

ACLU of Maine v. U.S. Customs and Border Protection

March 30, 2018

March 30, 2018

Pleading / Motion / Brief
49

2:17-cv-00132

Joint Status Report and Motion for Briefing Schedule for Petition and Attorney Fees and Litigations Costs

American Civil Liberties Union v. U.S. Customs and Border Protection

Dec. 17, 2018

Dec. 17, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13431744/american-civil-liberties-union-of-maine-v-us-customs-and-border-protection/

Last updated May 31, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY PAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD, COUNSEL ARE INSTRUCTED TO LOGIN TO CM/ECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. Fee due by 4/14/2017. (Service of Process Deadline 7/11/2017)(bfa) (Additional attachment(s) added on 4/12/2017: # 1 Exhibit A Executive Orders, # 2 Exhibit B United States Postal Service tracking information) (bfa). (Entered: 04/12/2017)

1 Exhibit A letter for FOIA request for records re: Executive Orders

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2 Exhibit B United States Postal Service tracking information

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April 12, 2017

April 12, 2017

PACER
2

CIVIL COVER SHEET. (bfa) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER

Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100-1675943.), filed by AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT.(HEIDEN, ZACHARY)

April 12, 2017

April 12, 2017

PACER
3

Summons Issued as to US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note-If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons- U.S. Department of Homeland Security)(jgd) (Entered: 04/14/2017)

1 Summons- U.S. Department of Homeland Security

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April 14, 2017

April 14, 2017

PACER
4

NOTICE of Appearance by JENNIFER A. ARCHER on behalf of AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT (ARCHER, JENNIFER) (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
5

**FILED IN ERROR**SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. All Defendants. (ARCHER, JENNIFER) Modified on 5/3/2017 to reflect that this filing was made in error and will be re-filed (lrc). (Entered: 05/02/2017)

May 2, 2017

May 2, 2017

PACER
6

NOTICE of Docket Entry Modification regarding 5 Summons Returned Executed- this docket entry was modified to reflect that it was filed in error and will be re-filed. (lrc) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

PACER
7

NOTICE of Appearance by MATT BERNS on behalf of All Defendants (BERNS, MATT) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
8

NOTICE/CORRESPONDENCE Re: Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions)(BERNS, MATT) (Entered: 05/08/2017)

1 Index of Exhibits

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2 Exhibit 1 - Transfer Motion

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3 Exhibit 2 - Supporting Memorandum

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4 Exhibit 3 - Schedule of Actions

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May 8, 2017

May 8, 2017

PACER
9

SUMMONS Returned Executed by all Plaintiffs. US CUSTOMS AND BORDER PROTECTION served on 4/25/2017 (ARCHER, JENNIFER) Modified on 5/9/2017 to clean up docket text (lrc). (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER
10

SUMMONS Returned Executed by all Plaintiffs. US DEPARTMENT OF HOMELAND SECURITY served on 4/25/2017 (ARCHER, JENNIFER) Modified on 5/9/2017 to clean up docket text(lrc). (Entered: 05/09/2017)

May 9, 2017

May 9, 2017

PACER

Set Answer Deadline for US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY- per Summons Returned Executed filed on 5/9/2017: Answers due by 6/26/2017. (lrc)

May 9, 2017

May 9, 2017

PACER
11

Unopposed MOTION to Extend Time to File Answer re 1 Complaint,,, by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 5/31/2017. (BERNS, MATT) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
12

ORDER granting 11 Motion for Extension of Time to Answer By JUDGE GEORGE Z. SINGAL. (lrc) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER

Reset Answer Deadline for US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY per Order No. 12 entered on 5/11/2017: Answer due by 7/9/2017. (lrc)

May 11, 2017

May 11, 2017

PACER
13

MOTION to Stay Proceedings Pending Decision on Motion to Transfer by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 6/1/2017. (BERNS, MATT) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
14

NOTICE of Appearance by CHETAN A. PATIL on behalf of US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (PATIL, CHETAN) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
15

RESPONSE in Opposition re 13 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. Reply due by 6/14/2017. (ARCHER, JENNIFER) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
16

NOTICE/CORRESPONDENCE Re: Memorandum Filed with the United States Judicial Panel on Multidistrict Litigation in Opposition to Defendants' Motion for Transfer by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT (Attachments: # 1 Exhibit A)(ARCHER, JENNIFER) (Entered: 05/31/2017)

1 Exhibit A

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May 31, 2017

May 31, 2017

PACER
17

NOTICE/CORRESPONDENCE Re: Filing of JPML Reply Brief by All Defendants (Attachments: # 1 JPML Reply Brief)(BERNS, MATT) (Entered: 06/06/2017)

1 JPML Reply Brief

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June 6, 2017

June 6, 2017

PACER
18

NOTICE/CORRESPONDENCE Re: Supplemental Authority by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT (Attachments: # 1 Exhibit A)(ARCHER, JENNIFER) (Entered: 06/08/2017)

1 Exhibit A

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June 8, 2017

June 8, 2017

PACER
19

REPLY to Response to Motion re 13 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (PATIL, CHETAN) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
20

ORDER granting 13 Motion to Stay. After consideration of the case-specific factors, see Good v. Altria Grp., Inc., 624 F. Supp. 2d 132, 134 (D. Me. 2009), and for the reasons articulated by the Defendants, the Courts GRANTS Defendants Motion to Stay Proceedings Pending Decision on Motion to Transfer and ORDERS that this matter be STAYED for sixty (60) days, at which point counsel shall file a status report and the Court will evaluate whether any further stay is appropriate. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc) (Entered: 06/19/2017)

June 19, 2017

June 19, 2017

PACER

Set Deadlines pursuant to the Order entered on 6/19/2017: Status Report due by 8/18/2017. (lrc)

June 19, 2017

June 19, 2017

PACER
21

MDL ORDER re: Denying Transfer (mjlt) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
22

ORDER: In light of the Judicial Panel on Multidistrict Litigations Order Denying Transfer at ECF No. 21,the stay in this matter is lifted. Defendants shall answer the Complaint within 21 days of todays date. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (ccs) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER

Set Answer Deadline for US CUSTOMS AND BORDER PROTECTION and US DEPARTMENT OF HOMELAND SECURITY: Per Order at ECF No. 22: Answer due by 8/24/2017. (ccs)

Aug. 3, 2017

Aug. 3, 2017

PACER
23

NOTICE of Appearance by MICHAEL L. DREZNER on behalf of All Defendants (DREZNER, MICHAEL) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
24

ANSWER to 1 Complaint,,, by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(DREZNER, MICHAEL) (Entered: 08/24/2017)

Aug. 24, 2017

Aug. 24, 2017

PACER
25

**VACATED- SEE ORDER NO. 27**SCHEDULING ORDER: Discovery due by 1/11/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre-Filing Conference due by 1/18/2018. Motions due by 2/1/2018. Ready for Trial on 4/2/2018. By MAGISTRATE JUDGE JOHN H. RICH III. (dfr) Modified on 9/15/2017 to reflect that this order has been vacated per order no. 27(lrc). (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
26

Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 10/4/2017. (DREZNER, MICHAEL) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
27

ORDER granting without objection 26 Joint Motion to Amend Scheduling Order. For the reasons set forth in the parties' joint motion, the court's scheduling order, ECF No. 25, is hereby VACATED. Without objection, the parties are directed to file a written joint status report by November 1, 2017, addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER

Set Deadlines - per Order No. 27: Joint Status Report and proposed schedule for future proceedings due by 11/1/2017. (lrc)

Sept. 15, 2017

Sept. 15, 2017

PACER
28

MOTION by Attorney Matthew J. Berns and Chetan A. Patil to Withdraw as Attorney by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 10/18/2017. (DREZNER, MICHAEL) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
29

ORDER granting 28 Motion to Withdraw as Attorney. Attorneys Berns and Patil's representation of the defendants is hereby terminated; the defendants continue to be represented by Attorneys Drezner and Sawyer. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
30

STATUS REPORT (JOINT) by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (Attachments: # 1 Exhibit Core Search Terms for Field Office Records in ACLU Requests)(HEIDEN, ZACHARY) (Entered: 11/01/2017)

1 Exhibit Core Search Terms for Field Office Records in ACLU Requests

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Nov. 1, 2017

Nov. 1, 2017

PACER
31

NOTICE of Hearing: Telephone Conference re Discovery set for 11/21/2017 10:00 AM with MAGISTRATE JUDGE JOHN H. RICH III. Counsel shall coordinate the call and contact chambers once both sides are on the phone. (nrg) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
32

NOTICE of Appearance by EMMA EATON BOND on behalf of All Plaintiffs (BOND, EMMA) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER
33

Minute Entry for proceedings held before MAGISTRATE JUDGE JOHN H. RICH III: Discovery Hearing held; docket order to follow. (Court Reporter: FTR) (RICH III, JOHN) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
34

ORDER re 30 Status Report, filed by AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE. On November 21, 2017, I held a telephonic discovery hearing with Attorneys Zachary Heiden, Jennifer Archer, and Emma Bond for the plaintiffs and Attorneys Michael Drezner and Sheila Sawyer for the defendants to discuss the parties' dispute over the schedule and pace of the defendants' production of documents responsive to the plaintiffs' FOIA request as described in their status report (ECF No. 30). Following argument, I ORDERED, without objection, that the parties file on the docket by December 8, 2017, using the CM-ECF Correspondence function, simultaneous letter-briefs, not to exceed 7 pages single-spaced, exclusive of any attachment(s), addressing (1) whether document production by the defendants should be specific to this case or permitted to proceed in a manner that coordinates the defendants' responses in the other related cases pending nationally, and (2) in either event, the appropriate pace at which the court should order the defendants to process responsive documents and serve them on the plaintiffs. Simultaneous responsive letter-briefs, not to exceed 4 pages single-spaced, exclusive of attachment(s), shall be filed by December 15, 2017. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/24/2017)

Nov. 24, 2017

Nov. 24, 2017

PACER

Set Deadlines per Order No. 34 entered on 11/24/2017: Simultaneous briefs due by 12/8/2017; simultaneous responsive briefs due by 12/15/2017. (lrc)

Nov. 24, 2017

Nov. 24, 2017

PACER
35

NOTICE/CORRESPONDENCE Re: Order of November 24, 2017 by All Defendants (Attachments: # 1 Exhibit A- Declaration, # 2 Exhibit B- Court Order)(DREZNER, MICHAEL) (Entered: 12/08/2017)

1 Exhibit A- Declaration

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2 Exhibit B- Court Order

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Dec. 8, 2017

Dec. 8, 2017

PACER
36

NOTICE/CORRESPONDENCE Re: November 24, 2017 Order by All Plaintiffs (Attachments: # 1 Exhibit Washington Scheduling Order, # 2 Exhibit Michigan Scheduling Order, # 3 Exhibit So. Cal. Scheduling Order, # 4 Exhibit Illinois Scheduling Order, # 5 Exhibit Government Proposal in Georgia)(BOND, EMMA) (Entered: 12/08/2017)

1 Exhibit Washington Scheduling Order

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2 Exhibit Michigan Scheduling Order

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3 Exhibit So. Cal. Scheduling Order

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4 Exhibit Illinois Scheduling Order

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5 Exhibit Government Proposal in Georgia

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Dec. 8, 2017

Dec. 8, 2017

PACER
37

MOTION to Amend, Consent MOTION to Extend Time ( Responses due by 1/4/2018.) by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (Attachments: # 1 Text of Proposed Order, # 2 Exhibit A, # 3 Exhibit B)(DREZNER, MICHAEL) (Entered: 12/14/2017)

1 Text of Proposed Order

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2 Exhibit A

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3 Exhibit B

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Dec. 14, 2017

Dec. 14, 2017

PACER
38

ORDER granting without objection 37 Motion for extension of time. Simultaneous responsive letter-briefs, not to exceed 4 pages single-spaced, exclusive of attachment(s), shall be filed by December 22, 2017. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 12/14/2017)

Dec. 14, 2017

Dec. 14, 2017

PACER

Reset Deadlines Per Order at ECF No. 38: simultaneous responsive briefs due by 12/22/2017. (ccs) Modified on 12/15/2017 to reference correct docket number of order (ccs).

Dec. 15, 2017

Dec. 15, 2017

PACER
39

NOTICE/CORRESPONDENCE Re: Reply to Government's Letter Brief by All Plaintiffs (Attachments: # 1 Exhibit C.D. Cal. Order, # 2 Exhibit Ga. Order)(BOND, EMMA) (Entered: 12/22/2017)

1 Exhibit C.D. Cal. Order

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2 Exhibit Ga. Order

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Dec. 22, 2017

Dec. 22, 2017

PACER
40

NOTICE/CORRESPONDENCE Re: Reply to Plaintiffs' Letter Brief by All Defendants (Attachments: # 1 Exhibit A - Supplemental Declaration)(DREZNER, MICHAEL) (Entered: 12/22/2017)

1 Exhibit A - Supplemental Declaration

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Dec. 22, 2017

Dec. 22, 2017

PACER
41

Joint MOTION to Amend Scheduling Order by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT Responses due by 2/12/2018. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(BOND, EMMA) (Entered: 01/22/2018)

1 Text of Proposed Order Proposed Scheduling Order

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Jan. 22, 2018

Jan. 22, 2018

PACER
42

ORDER granting 41 Motion to Amend Scheduling Order By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 01/26/2018)

Jan. 26, 2018

Jan. 26, 2018

PACER

Set Deadlines In accordance with the Order entered on 1/26/18: Parties to file a status report on March 30, 2018; On 12/17/18, parties to file a joint status report and proposed case schedule to the Court, updating the Court as to the status of the case and including a proposed briefing schedule for motions. (mjlt)

Jan. 26, 2018

Jan. 26, 2018

PACER
43

STATUS REPORT Joint by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (BOND, EMMA) (Entered: 03/30/2018)

March 30, 2018

March 30, 2018

PACER

Set Deadlines in accordance with Order No. 42 entered on 1/26/2018: Next Status Report due by 5/29/2018. (lrc)

March 30, 2018

March 30, 2018

PACER
44

STATUS REPORT Joint by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (BOND, EMMA) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER

Set Deadlines Per Order No. 42 entered on 1/26/2018: Next Status Report due by 10/1/2018. (lrc)

May 29, 2018

May 29, 2018

PACER
45

STATUS REPORT Joint by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (BOND, EMMA) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
46

STATUS REPORT (Joint) by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (DREZNER, MICHAEL) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
47

STATUS REPORT by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (DREZNER, MICHAEL) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

PACER
48

STATUS REPORT Joint by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (BOND, EMMA) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
49

STATUS REPORT Joint, and Motion for Attorney Fee Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (BOND, EMMA) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
50

JOINT MOTION for Briefing Schedule by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. No PDF document is attached to this docket entry. To view the motion, see ECF No. 49. (lrc) (Entered: 12/17/2018)

Dec. 17, 2018

Dec. 17, 2018

PACER
51

ORDER granting without objection 50 Joint Motion for agreed-to briefing schedule for petition for attorney fees and costs. The parties shall attempt to come to an agreement regarding attorney fees and costs no later than January 31, 2019; if the parties are unable to reach a resolution, the plaintiffs shall file their motion for attorney fees and costs no later than February 22, 2019; the government shall file its opposition to the plaintiffs' motion for attorney fees and costs no later than March 22, 2019; the plaintiffs shall file their reply in support of their motion for attorney fees and costs no later than April 1, 2019. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER

Set Deadlines per Order No. 51 entered on 1/7/2019: If no agreement is reached, then Motion for Attorney Fees and Costs shall be filed by 2/22/2019. Response to Motion due by 3/22/2019. Reply due by 4/1/2019. (lrc)

Jan. 7, 2019

Jan. 7, 2019

PACER
52

Consent MOTION to Stay by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 2/6/2019. (DREZNER, MICHAEL) (Entered: 01/16/2019)

Jan. 16, 2019

Jan. 16, 2019

PACER
53

ORDER granting 52 Motion to Stay. GRANTED WITHOUT OBJECTION. All deadlines are hereby stayed. Counsel shall notify the Court upon resuming regular operations and propose modified deadlines for resolving the attorney's fees and costs. SO ORDERED. By JUDGE GEORGE Z. SINGAL. (lrc) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
54

NOTICE/CORRESPONDENCE Re: Restoration of Appropriations by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (DREZNER, MICHAEL) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
55

Order Approving 54 Notice to the Court of Restoration of Appropriations. By JUDGE GEORGE Z. SINGAL. (lrc) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER

Set Deadlines in accordance with the Order entered on 1/29/2019: Absent a joint resolution by the parties, Motion for Attorney Fees due by 3/29/2019; response due by 4/26/2019; reply due by 5/10/2019. (lrc)

Jan. 29, 2019

Jan. 29, 2019

PACER
56

Joint MOTION to Extend Time by US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 3/18/2019. (Attachments: # 1 Text of Proposed Order)(DREZNER, MICHAEL) (Entered: 02/25/2019)

1 Text of Proposed Order

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Feb. 25, 2019

Feb. 25, 2019

PACER
57

ORDER granting 56 Motion to Extend Time. The Court grants an extension of time in which to reach a final agreement on the issue of attorney fees and costs in this matter. The parties are permitted to seek a joint resolution of this issue until March 29, 2019. If the parties cannot reach a final agreement, Plaintiffs' Motion for Attorney Fees would be due by April 26, 2019; Defendants' Response would be due by May 31, 2019; and Plaintiffs' Reply would be due by June 14, 2019. By JUDGE GEORGE Z. SINGAL. (akr) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER

Reset Deadlines : Plaintiffs' Motion for Attorney Fees due by 4/26/2019. (akr) Modified on 2/26/2019 to replace "Motions" with "Plaintiffs' Motion for Attorney Fees" (akr).

Feb. 26, 2019

Feb. 26, 2019

PACER
58

STIPULATION of Dismissal under Rule 41(a)(1)(A)(ii) by AMERICAN CIVIL LIBERTIES UNION OF CONNECTICUT, AMERICAN CIVIL LIBERTIES UNION OF MAINE, AMERICAN CIVIL LIBERTIES UNION OF MASSACHUSETTS, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE, AMERICAN CIVIL LIBERTIES UNION OF RHODE ISLAND, AMERICAN CIVIL LIBERTIES UNION OF VERMONT. (BOND, EMMA) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER

Case Details

State / Territory: Maine

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: April 12, 2017

Closing Date: March 29, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLUs of Maine, New Hampshire, Vermont, Massachusetts, Connecticut, and Rhode Island

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. Customs and Border Protection, Federal

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Special Case Type(s):

Multi-District Litigation (MDL)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: unknown

Issues

General:

Record-keeping

Records Disclosure

Type of Facility:

Government-run