Case: ACLU of Michigan v. U.S. Department of Homeland Security

5:17-cv-11149 | U.S. District Court for the Eastern District of Michigan

Filed Date: April 12, 2017

Closed Date: Sept. 16, 2019

Clearinghouse coding complete

Case Summary

On April 12, 2017, the ACLU of Michigan filed this suit under the Freedom of Information Act (FOIA). This was one of more than a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) banning 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, …

On April 12, 2017, the ACLU of Michigan filed this suit under the Freedom of Information Act (FOIA). This was one of more than a dozen such suits; each aimed to shed light on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) banning 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 Detroit Field Office. 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 EO.

In the complaint, the plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders through the Detroit Field Office" and that "[s]uch information is critical to the public’s ability to hold the government accountable." The complaint stated that "Michigan residents were among those most severely impacted by the Executive Orders...Of the major metropolitan areas in the United States, Detroit has the highest number of residents per capita from the seven countries barred under Executive Order No. 1."

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively consolidating them before the U.S. District Court for the District of Columbia. For the transfer motion see this case. The ACLU filed their opposition to the motion to transfer on May 30, arguing that "[g]ranting consolidation and transfer would promote forum-shopping and delay, not justice." On August 3, the U.S. District Judicial Panel on Multidistrict Litigation denied the government's transfer motion. In its order, the Panel found that, although the thirteen FOIA cases shared "a limited number of factual issues," these issues "appear[ed] relatively straightforward and unlikely to entail extensive pretrial proceedings."

On Oct. 26, 2017, the court ordered the government to review the first 820 pages of records it had identified as potentially responsive to the FOIA request, and produce responsive records from that batch, by Nov. 27. The court also ordered the government to repeat this process monthly. A joint status report filed on April 27, 2018 indicated that the production was complete and the ACLU was in the process of reviewing the government's production. The report indicated further litigation may be possible in light of disagreement over search terms between the parties. A subsequent August status report indicated the parties were attempting to negotiate a resolution and avoid further litigation.

On August 20, 2019, the parties informed the court that they had reached a settlement agreement. On September 16, 2019, the parties stipulated dismissal of claims against the defendants, with prejudice, and the court dismissed the case.

Summary Authors

Virginia Weeks (4/16/2017)

Virginia Weeks (8/25/2018)

Jamie Kessler (8/7/2017)

Gregory Marsh (6/23/2020)

Related Cases

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

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

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

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

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

ACLU Foundation of Texas v. U.S. Customs and Border Protection, Southern District of Texas (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/6295042/parties/american-civil-liberties-union-of-michigan-v-us-department-of-homeland/


Judge(s)

Breyer, Charles R. (California)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

Levy, Judith Ellen (Michigan)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Stafford, Elizabeth A. (Michigan)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Bedoya, Gabriel (Michigan)

Judge(s)

Breyer, Charles R. (California)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

Levy, Judith Ellen (Michigan)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Stafford, Elizabeth A. (Michigan)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Aukerman, Miriam (Michigan)

Bedoya, Gabriel (Michigan)

Goddeeris, Andrew (Michigan)

Moss, Kary L. (Michigan)

Pauwels, Andrew (Michigan)

Steinberg, Michael J. (Michigan)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Cheung, Ashley (District of Columbia)

Harris, Julie Straus (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Documents in the Clearinghouse

Document

5:17-cv-11149

Docket [PACER]

American Civil Liberties Union of Michigan v. U.S. Department of Homeland Security

Aug. 30, 2018

Aug. 30, 2018

Docket
1-2, 1-3, 1-4, 1-5

5:17-cv-11149

FOIA Requests from ACLU [Exhibits A,B,C, and D of the Complaint]

April 12, 2017

April 12, 2017

FOIA Request
1

5:17-cv-11149

Complaint

April 12, 2017

April 12, 2017

Complaint
31

5:17-cv-11149

Order Denying Transfer

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

Aug. 3, 2017

Aug. 3, 2017

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6295042/american-civil-liberties-union-of-michigan-v-us-department-of-homeland/

Last updated Sept. 3, 2022, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. Section 552 et seq. filed by American Civil Liberties Union of Michigan against U.S. Customs and Border Protection, U.S. Department of Homeland Security. Plaintiff requests summons issued. Receipt No: 0645-6180618 - Fee: $ 400. County of 1st Plaintiff: Wayne - County Where Action Arose: Wayne - [Previously dismissed case: No] [Possible companion case(s): None] (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Airport Request, # 3 Exhibit B-Ports of Entry Request, # 4 Exhibit C-Airports Request, Certified Mail Receipts and Signed Returned Receipts, # 5 Exhibit D-Ports of Entry Request, Certified Mail Receipts and Signed Return Receipts, # 6 Exhibit E-CBP Acknowledgement of Airport Request, # 7 Exhibit F-CBP Acknowledgement of Ports of Entry Request) (Bedoya, Gabriel) (Entered: 04/12/2017)

1 Index of Exhibits

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2 Exhibit A-Airport Request

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3 Exhibit B-Ports of Entry Request

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4 Exhibit C-Airports Request, Certified Mail Receipts and Signed Returned Receipts

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5 Exhibit D-Ports of Entry Request, Certified Mail Receipts and Signed Return Rece

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6 Exhibit E-CBP Acknowledgement of Airport Request

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7 Exhibit F-CBP Acknowledgement of Ports of Entry Request

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April 12, 2017

April 12, 2017

PACER

Notice to Parties of Consent of a Civil Action before a Magistrate Judge Option

April 12, 2017

April 12, 2017

PACER
2

STATEMENT of DISCLOSURE of CORPORATE AFFILIATIONS and FINANCIAL INTEREST by American Civil Liberties Union of Michigan (Bedoya, Gabriel) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
3

ATTORNEY APPEARANCE: Andrew M. Pauwels appearing on behalf of American Civil Liberties Union of Michigan (Pauwels, Andrew) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
4

ATTORNEY APPEARANCE: Andrew Goddeeris appearing on behalf of American Civil Liberties Union of Michigan (Goddeeris, Andrew) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
5

ATTORNEY APPEARANCE: Miriam J. Aukerman appearing on behalf of American Civil Liberties Union of Michigan (Aukerman, Miriam) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
6

NOTICE of Appearance by Michael J. Steinberg on behalf of All Plaintiffs. (Steinberg, Michael) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
7

SUMMONS Issued for *U.S. Customs and Border Protection* (LHos) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
8

SUMMONS Issued for *U.S. Department of Homeland Security* (LHos) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
9

SUMMONS Issued for the United States Attorney and the Office of the Attorney General. (LHos) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER

A United States Magistrate Judge of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form is available for download at http://www.mied.uscourts.gov (LHos)

April 12, 2017

April 12, 2017

PACER
10

CERTIFICATE of Service/Summons Returned Executed. U.S. Attorney on behalf of U.S. Customs and Border Protection served on 4/13/2017, answer due 6/12/2017; U.S. Department of Homeland Security served on 4/13/2017, answer due 6/12/2017. (Bedoya, Gabriel) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
11

CERTIFICATE of Service/Summons Returned Executed. U.S. Customs and Border Protection served on 04/19/2017. (Bedoya, Gabriel) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

PACER
12

NOTICE of Appearance by Matthew Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
13

CERTIFICATE of Service/Summons Returned Executed. U. S. Department of Homeland Security served on 04/17/17. (Bedoya, Gabriel) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
14

NOTICE by All Defendants of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions) (Berns, Matthew) (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
15

STIPULATED ORDER for Extension of Time to Respond to Plaintiff's Complaint - Signed by District Judge Judith E. Levy. (FMos) (Entered: 05/16/2017)

May 16, 2017

May 16, 2017

PACER
16

MOTION to Stay Proceedings Pending Decision on Motion to Transfer by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
17

NOTICE of Appearance by Chetan Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
18

Notice of Determination of Motion Without Oral Argument re 16 MOTION to Stay Proceedings Pending Decision on Motion to Transfer (FMos) (Entered: 05/22/2017)

May 22, 2017

May 22, 2017

PACER
19

NOTICE of Joinder/Concurrence in by American Civil Liberties Union of Michigan in Opposition to Defendants' Motion for Transfer to the District of Columbia for Consolidation (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit 1 - Memorandum of Plaintiffs, # 3 Exhibit 2 - Joinder) (Bedoya, Gabriel) (Entered: 05/31/2017)

1 Index of Exhibits Index of Exhibits

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2 Exhibit 1 - Memorandum of Plaintiffs

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3 Exhibit 2 - Joinder

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May 31, 2017

May 31, 2017

PACER
20

RESPONSE to 16 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Michigan. (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1-Declaration of Farah Al-Khersan, # 3 Exhibit 2-Declaration of Ruby Robinson, # 4 Exhibit 3-Declaration of Ahmed Shalabi, MD, # 5 Exhibit 4-Memorandum of Plaintiffs) (Bedoya, Gabriel) (Entered: 06/02/2017)

1 Index of Exhibits

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2 Exhibit 1-Declaration of Farah Al-Khersan

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3 Exhibit 2-Declaration of Ruby Robinson

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4 Exhibit 3-Declaration of Ahmed Shalabi, MD

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5 Exhibit 4-Memorandum of Plaintiffs

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June 2, 2017

June 2, 2017

PACER
21

NOTICE by All Defendants of Filing JPML Reply Brief (Attachments: # 1 JPML Reply Brief) (Berns, Matthew) (Entered: 06/06/2017)

1 JPML Reply Brief

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June 6, 2017

June 6, 2017

PACER
22

NOTICE by American Civil Liberties Union of Michigan re 20 Response to Motion, Plaintiff's Notice of Supplemental Authority (Attachments: # 1 Index of Exhibits, # 2 Exhibit A-Order Denying Motion to Stay Proceeding, # 3 Exhibit B-Motion to Stay Proceedings) (Bedoya, Gabriel) (Entered: 06/07/2017)

1 Index of Exhibits

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2 Exhibit A-Order Denying Motion to Stay Proceeding

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3 Exhibit B-Motion to Stay Proceedings

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June 7, 2017

June 7, 2017

PACER
23

REPLY to Response re 16 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
24

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 22 Notice (Other), Defendants' Response to Plaintiff's Notice of Supplemental Authority (Berns, Matthew) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
25

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Decision in Related Case (Attachments: # 1 District of Maine Order) (Berns, Matthew) (Entered: 06/19/2017)

1 District of Maine Order

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June 19, 2017

June 19, 2017

PACER
26

RESPONSE to 25 Notice (Other) Defendants' Notice of Decision and Certificate of Service by American Civil Liberties Union of Michigan. (Bedoya, Gabriel) (Entered: 06/20/2017)

June 20, 2017

June 20, 2017

RECAP
27

NOTICE by All Defendants of Recent Decisions (Attachments: # 1 Central District of California Opinion, # 2 District of Oregon Opinion) (Berns, Matthew) (Entered: 06/22/2017)

1 Central District of California Opinion

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2 District of Oregon Opinion

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June 22, 2017

June 22, 2017

PACER
28

ORDER signed by District Judge Judith E. Levy denying 16 Motion to Stay. (Grimes, K.) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
29

ANSWER to Complaint with Affirmative Defenses by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
30

NOTICE TO APPEAR: Scheduling Conference set for 8/1/2017 at 10:00 AM before District Judge Judith E. Levy. (SBur) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER

Set Deadlines/Hearings

July 13, 2017

July 13, 2017

PACER

Set Deadlines/Hearings: Scheduling Conference reset for 8/10/2017 at 10:30 AM before District Judge Judith E. Levy. (SBur)

July 13, 2017

July 13, 2017

PACER

Set Deadlines/Hearings

July 25, 2017

July 25, 2017

PACER

Set Deadlines/Hearings: ***TIME CHANGE ONLY*** Scheduling Conference set for 8/10/2017 at 11:30 AM before District Judge Judith E. Levy. (SBur)

July 25, 2017

July 25, 2017

PACER
31

ORDER Denying Transfer from Multidistrict Litigation Panel for MDL 2786. (SSch) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER

Set Deadlines/Hearings

Aug. 4, 2017

Aug. 4, 2017

PACER

Set Deadlines/Hearings: Scheduling Conference reset for 9/7/2017 at 10:30 AM before District Judge Judith E. Levy. (SBur)

Aug. 4, 2017

Aug. 4, 2017

PACER
32

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Bedoya, Gabriel) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
33

DISCOVERY plan jointly filed pursuant to Federal Rules of Civil Procedure 26(f) (Bedoya, Gabriel) (Entered: 08/31/2017)

Aug. 31, 2017

Aug. 31, 2017

PACER
34

NOTICE of Appearance by Julie Straus Harris on behalf of All Defendants. (Straus Harris, Julie) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER

Status Conference

Sept. 7, 2017

Sept. 7, 2017

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Status Conference held on 9/7/2017. Scheduling Conference to be rescheduled at a later date. (SBur)

Sept. 7, 2017

Sept. 7, 2017

PACER
35

ORDER Regarding Production and Setting of Dates. (TELEPHONIC Status Conference set for 11/8/2017 at 10:00 AM before District Judge Judith E. Levy) - Plaintiff shall initiate the call at 734.887.4700. Signed by District Judge Judith E. Levy. (SBur) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER
36

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security Defendants' Proposal for Review and Production of Email Records (Straus Harris, Julie) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
37

NOTICE by American Civil Liberties Union of Michigan re 36 Notice (Other) Plaintiff's Response to Defendants' Proposal for Review and Production of Email Records (Attachments: # 1 Exhibit A-Declaration of Scott Pilat with Resume, # 2 Exhibit B-Rickerd Letter) (Bedoya, Gabriel) (Entered: 09/20/2017)

1 Exhibit A-Declaration of Scott Pilat with Resume

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2 Exhibit B-Rickerd Letter

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Sept. 20, 2017

Sept. 20, 2017

PACER
38

MOTION for Withdrawal of Attorney Matthew J. Berns and Chetan A. Patil by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 09/27/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
39

ORDER granting 38 Motion to Withdraw as Attorney.. Signed by District Judge Judith E. Levy. (DWor) (Entered: 09/28/2017)

Sept. 28, 2017

Sept. 28, 2017

PACER
40

Joint Status REPORT by American Civil Liberties Union of Michigan (Bedoya, Gabriel) (Entered: 09/29/2017)

Sept. 29, 2017

Sept. 29, 2017

PACER
41

ORDER Moving Telephonic Status Conference. (TELEPHONIC Status Conference set for 10/26/2017 at 9:30 AM before District Judge Judith E. Levy) Please use the following call-in information: 888.363.4734; Access Code: 2541474. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER

Status Conference

Oct. 26, 2017

Oct. 26, 2017

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 10/26/2017. (Court Reporter: Jeseca Eddington) (SBur)

Oct. 26, 2017

Oct. 26, 2017

PACER
42

ORDER Regarding Production of Documents from Initial Custodians and Supplemental Briefing. Signed by District Judge Judith E. Levy. (SBur) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
43

SUPPLEMENTAL BRIEF re 42 Order filed by American Civil Liberties Union of Michigan. (Attachments: # 1 Index of Exhibits Index of Exhibits, # 2 Exhibit A-Spreadsheet, # 3 Exhibit B-Sample Form I-44, # 4 Exhibit C-Email Exchange) (Bedoya, Gabriel) (Entered: 11/09/2017)

1 Index of Exhibits Index of Exhibits

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2 Exhibit A-Spreadsheet

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3 Exhibit B-Sample Form I-44

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4 Exhibit C-Email Exchange

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Nov. 9, 2017

Nov. 9, 2017

PACER
44

SUPPLEMENTAL BRIEF re 42 Order, 43 Supplemental Brief, Response to Plaintiff's Supplemental Brief Pursuant to Court Order filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Declaration of Patrick Howard) (Straus Harris, Julie) (Entered: 11/28/2017)

1 Exhibit Declaration of Patrick Howard

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Nov. 28, 2017

Nov. 28, 2017

PACER
45

SUPPLEMENTAL BRIEF re 43 Supplemental Brief, Plaintiff's Reply Brief Pursuant to Court Order filed by American Civil Liberties Union of Michigan. (Attachments: # 1 Exhibit A-Spreadsheet) (Bedoya, Gabriel) (Entered: 12/08/2017)

1 Exhibit A-Spreadsheet

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Dec. 8, 2017

Dec. 8, 2017

PACER
46

NOTICE of Appearance by Ashley Cheung on behalf of All Defendants. (Cheung, Ashley) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

PACER
47

Joint Status REPORT by American Civil Liberties Union of Michigan (Bedoya, Gabriel) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
48

NOTICE TO APPEAR BY TELEPHONE: Telephonic Status Conference set for 7/16/2018 at 11:00 AM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER

Set Deadlines/Hearings: TELEPHONIC Status Conference reset for 7/31/2018 at 10:00 AM before District Judge Judith E. Levy. Please use the following call-in information: 888.363.4734; Access Code: 2541474 (SBur)

June 27, 2018

June 27, 2018

PACER

Minute Entry for proceedings before District Judge Judith E. Levy: Telephonic Status Conference held on 7/31/2018. Parties are to meet and confer by 8/10/18 regarding outstanding production issues, including production of sample TECS records. Parties are to provide a proposed order setting briefing schedule for dispositive motions on or before 8/24/18. (Court Reporter: Darlene May) (SBur)

July 31, 2018

July 31, 2018

PACER
49

Joint Status REPORT by All Defendants (Cheung, Ashley) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER

TEXT-ONLY ORDER re 49 Joint Status Report. The parties are required to file a joint status report by no later than November 30, 2018. Signed by District Judge Judith E. Levy. (SBur)

Aug. 24, 2018

Aug. 24, 2018

PACER
50

NOTICE by All Defendants re 44 Supplemental Brief, Production of Sample TECS Records (Attachments: # 1 Index of Exhibits, # 2 Exhibit Sample TECS Record 1, # 3 Exhibit Sample TECS Record 2, # 4 Exhibit Sample TECS Record 3, # 5 Exhibit Sample TECS Record 4, # 6 Exhibit Sample TECS Record 5, # 7 Exhibit Sample TECS Record 6, # 8 Exhibit Sample TECS Record 7, # 9 Exhibit Sample TECS Record 8, # 10 Exhibit Sample TECS Record 9, # 11 Exhibit Sample TECS Record 10, # 12 Exhibit Sample TECS Record 11, # 13 Exhibit Sample TECS Record 12, # 14 Exhibit Sample TECS Record 13, # 15 Exhibit Sample TECS Record 14, # 16 Exhibit Sample TECS Record 15, # 17 Exhibit Sample TECS Record 16, # 18 Exhibit Sample TECS Record 17, # 19 Exhibit Sample TECS Record 18) (Cheung, Ashley) (Entered: 08/30/2018)

1 Index of Exhibits

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2 Exhibit Sample TECS Record 1

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3 Exhibit Sample TECS Record 2

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4 Exhibit Sample TECS Record 3

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5 Exhibit Sample TECS Record 4

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6 Exhibit Sample TECS Record 5

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7 Exhibit Sample TECS Record 6

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8 Exhibit Sample TECS Record 7

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9 Exhibit Sample TECS Record 8

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10 Exhibit Sample TECS Record 9

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11 Exhibit Sample TECS Record 10

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12 Exhibit Sample TECS Record 11

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13 Exhibit Sample TECS Record 12

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14 Exhibit Sample TECS Record 13

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15 Exhibit Sample TECS Record 14

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16 Exhibit Sample TECS Record 15

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17 Exhibit Sample TECS Record 16

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18 Exhibit Sample TECS Record 17

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19 Exhibit Sample TECS Record 18

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Aug. 30, 2018

Aug. 30, 2018

PACER
51

TRANSCRIPT of Telephonic Status Conference held on July 31, 2018. (Court Reporter: Darlene K. May) (Number of Pages: 38) The parties have 21 days to file with the court and Court Reporter a Redaction Request of this transcript. If no request is filed, the transcript may be made remotely electronically available to the public without redaction after 90 days. Redaction Request due 10/25/2018. Redacted Transcript Deadline set for 11/5/2018. Release of Transcript Restriction set for 1/2/2019. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date, the transcript is publicly available. (May, D) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
52

NOTICE of Change of Address/Contact Information by Ashley Cheung on behalf of All Defendants. (Cheung, Ashley) (Entered: 11/30/2018)

Nov. 30, 2018

Nov. 30, 2018

PACER
53

Joint Status REPORT by All Defendants (Attachments: # 1 Index of Exhibits, # 2 Plaintiff's Exhibit A, # 3 Plaintiff's Exhibit B, # 4 Plaintiff's Exhibit C, # 5 Plaintiff's Exhibit D, # 6 Defendants' Exhibit E, # 7 Defendants' Exhibit F, # 8 Defendants' Exhibit G) (Cheung, Ashley) (Entered: 11/30/2018)

1 Index of Exhibits

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2 Plaintiff's Exhibit A

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3 Plaintiff's Exhibit B

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4 Plaintiff's Exhibit C

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5 Plaintiff's Exhibit D

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6 Defendants' Exhibit E

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7 Defendants' Exhibit F

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8 Defendants' Exhibit G

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Nov. 30, 2018

Nov. 30, 2018

PACER
54

NOTICE TO APPEAR: Miscellaneous Hearing re 53 Joint Status Report set for 1/28/2019 at 2:00 PM before District Judge Judith E. Levy. (SBur) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

PACER
55

MOTION to Adjourn 54 Notice to Appear by American Civil Liberties Union of Michigan. (Pauwels, Andrew) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

RECAP

TEXT-ONLY ORDER Granting in Part 55 MOTION to Adjourn. (Miscellaneous Hearing re 53 Joint Status Report reset for 2/13/2019 at 10:00 AM before District Judge Judith E. Levy) Signed by District Judge Judith E. Levy. (SBur)

Jan. 14, 2019

Jan. 14, 2019

PACER
56

MOTION to Stay the Entire Case in Light of Lapse of Appropriations by All Defendants. (Cheung, Ashley) (Entered: 01/25/2019)

Jan. 25, 2019

Jan. 25, 2019

RECAP
57

NOTICE by All Defendants of withdrawal of 56 MOTION to Stay the Entire Case in Light of Lapse of Appropriations . (Cheung, Ashley) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

RECAP
58

Joint MOTION to Adjourn Text-Only Order,, Terminate Motions,, Set Deadlines/Hearings,, Joint MOTION to Stay the Case by All Defendants. (Cheung, Ashley) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

RECAP

Set Deadlines/Hearings: Miscellaneous Hearing re 53 Joint Status Report reset for 4/1/2019 at 10:00 AM before District Judge Judith E. Levy. (SBur)

Feb. 5, 2019

Feb. 5, 2019

PACER

TEXT-ONLY ORDER Granting 58 Joint MOTION to Adjourn. Signed by District Judge Judith E. Levy. (SBur)

Feb. 5, 2019

Feb. 5, 2019

PACER

Set Deadlines/Hearings: Miscellaneous Hearing re 53 Joint Status Report reset for 5/1/2019 at 3:00 PM before District Judge Judith E. Levy. (SBur)

March 22, 2019

March 22, 2019

PACER

Text-Only Notice of Hearing Cancelled

April 26, 2019

April 26, 2019

PACER

TEXT-ONLY NOTICE: Miscellaneous Hearing on May 1, 2019 is Cancelled due to the Parties Ongoing Settlement Negotiations. (SBur)

April 26, 2019

April 26, 2019

PACER
59

ORDER REFERRING OTHER MATTERS to Magistrate Judge Stafford: Settlement Conference. Signed by District Judge Judith E. Levy. (SBur) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

RECAP
60

NOTICE TO APPEAR: Settlement Conference set for 7/9/2019 at 10:00 AM before Magistrate Judge Elizabeth A. Stafford. (Attachments: # 1 Document Continuation) (MarW) (Entered: 04/30/2019)

1 Document Continuation

View on RECAP

April 30, 2019

April 30, 2019

RECAP
61

Appear*

1 Document Continuation

View on PACER

June 24, 2019

June 24, 2019

PACER

Text-Only Notice of Hearing Cancelled

Aug. 19, 2019

Aug. 19, 2019

PACER
62

Stipulation and Order

Aug. 26, 2019

Aug. 26, 2019

PACER
63

Appearance

Sept. 3, 2019

Sept. 3, 2019

RECAP
65

Dismissing Case - Stipulated Order

Sept. 16, 2019

Sept. 16, 2019

RECAP

Case Details

State / Territory: Michigan

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: Sept. 16, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU of Michigan

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

United States Department of Homeland Security, Federal

United States Customs and Border Protection, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Record-keeping

Records Disclosure

Discrimination-basis:

National origin discrimination

Religion discrimination

Type of Facility:

Government-run

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern