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

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

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

Vera Eidelman

American Civil Liberties Union (ACLU)

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-4972084 Jury Trial Requested: No. Filed by American Civil Liberties Union of Idaho, American Civil Liberties Union of Oregon, Inc., American Civil Liberties Union of Colorado, American Civil Liberties Union of Alaksa, American Civil Liberties Union of Wyoming against All Plaintiffs (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Civil Cover Sheet Civil Cover Sheet). (Chaimov, Gregory) (Entered: 04/12/2017)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibit 2

View on PACER

3 Civil Cover Sheet Civil Cover Sheet

View on PACER

Notice of Case Assignment to Judge Marco A. Hernandez and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 8/10/2017. Joint Alternate Dispute Resolution Report is due by 9/11/2017. Pretrial Order is due by 9/11/2017. Ordered by Judge Marco A. Hernandez. (cib) (Entered: 04/12/2017)

Proposed Summons US Dept of Homeland Security Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 04/12/2017)

Proposed Summons US Customs and Border Protection Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 04/12/2017)

Summons Issued Electronically as to U.S. Customs and Border Protection, U.S. Department of Homeland Security. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (Attachments: # 1 issued summons US Customs and Border Protection) (cib) (Entered: 04/13/2017)

1 issued summons US Customs and Border Protection

View on PACER

Notice of Appearance of Chetan Patil appearing on behalf of All Defendants Filed by on behalf of All Defendants (Patil, Chetan) (Entered: 05/08/2017)

Notice of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Index of Exhibits, # 2 Exhibit Exhibit 1 - Transfer Motion, # 3 Exhibit Exhibit 2 - Supporting Memorandum, # 4 Exhibit Exhibit 3 - Schedule of Actions) (Patil, Chetan) (Entered: 05/08/2017)

1 Index of Exhibits

View on PACER

2 Exhibit Exhibit 1 - Transfer Motion

View on PACER

3 Exhibit Exhibit 2 - Supporting Memorandum

View on PACER

4 Exhibit Exhibit 3 - Schedule of Actions

View on PACER

Unopposed Motion for Extension of Time to Answer or otherwise respond to Complaint. Filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection. (Patil, Chetan) (Entered: 05/10/2017)

ORDER: Granting Motion for Extension of Time to Answer 8 .A response to the Complaint is due by 6/29/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 05/11/2017)

Motion for Stay of Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer. Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 05/11/2017)

Response to Motion for Stay of Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer 10 . Filed by All Plaintiffs. (Chaimov, Gregory) (Entered: 05/25/2017)

Notice re Motion for Stay 10 Notice of filing of Plaintiffs' Opposition to Defendants' Motion to Transfer Filed by All Plaintiffs (Related document(s): Motion for Stay 10 .) (Chaimov, Gregory) (Entered: 05/30/2017)

Notice of Filing of JPML Reply Brief Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Exhibit JPML Reply Brief) (Patil, Chetan) (Entered: 06/06/2017)

1 Exhibit JPML Reply Brief

View on PACER

Reply to Motion for Stay of Proceedings pending a decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer 10 . Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 06/08/2017)

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

1 District of Maine Order

View on PACER

ORDER: Denying Motion for Stay 10 . Signed on 6/19/2017 by Judge Marco A. Hernandez. (jp) (Entered: 06/19/2017)

Answer to 1 Complaint,, . Filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection. (Patil, Chetan) (Entered: 06/29/2017)

Notice of Appearance of Matthew J. Berns appearing on behalf of All Defendants Filed by on behalf of All Defendants (Berns, Matthew) (Entered: 07/22/2017)

Joint Motion for Extension of Discovery & PTO Deadlines Joint Motion to Extend Case Schedule Deadlines. Filed by American Civil Liberties Union of Alaksa, American Civil Liberties Union of Colorado, American Civil Liberties Union of Idaho, American Civil Liberties Union of Oregon, Inc., American Civil Liberties Union of Wyoming. (Green, Derek) (Entered: 07/31/2017)

ORDER: Granting Motion for Extension of Discovery & PTO Deadlines 19 .The parties shall complete their initial conference pursuant to Fed. R. Civ. P. 26(a)(1)(B) and LR 26-1 by August 30, 2017. Discovery is to be completed by 10/10/2017. Joint Alternate Dispute Resolution Report is due by 11/10/2017. Pretrial Order is due by 11/10/2017. Joint Schedule for remaining deadlines is due by 9/6/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 08/01/2017)

Notice of Attorney Substitution:Attorney Brigham J. Bowen is substituted as counsel of record in place of Attorney Matthew J. Berns Filed by All Defendants. (Bowen, Brigham) (Entered: 08/24/2017)

Second Motion for Extension of Discovery & PTO Deadlines Joint Motion to Extend Case Schedule Deadlines. Filed by All Plaintiffs. (Green, Derek) (Entered: 09/06/2017)

ORDER: Granting Motion for Extension of Discovery & PTO Deadlines 22 . A jointly proposed case schedule is due by 10/6/2017. Discovery is to be completed by 12/11/2017. Joint Alternate Dispute Resolution Report is due by 1/10/2018. Pretrial Order is due by 1/10/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/13/2017)

Unopposed Motion to Alter Case Schedule and Deadlines. Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Bowen, Brigham) (Entered: 10/06/2017)

ORDER: Granting Unopposed Motion to Alter Case Schedule and Deadlines 24 . A joint status report is due by 11/6/2017. A telephone status conference to discuss the case scheduled is set for 11/8/2017 at 10:00AM before Judge Marco A. Hernandez. All other deadlines will be discussed and set accordingly at the status conference. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 10/11/2017)

Notice of Appearance of Joseph C. Dugan appearing on behalf of All Defendants Filed by on behalf of All Defendants. (Dugan, Joseph) (Entered: 10/15/2017)

Joint Fed. R. Civ. P. 26(a)(1) Agreement . Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Dugan, Joseph) (Entered: 11/06/2017)

Joint ADR Report . Filed by All Defendants.(Dugan, Joseph) (Entered: 11/06/2017)

Joint Status Report . Filed by All Defendants. (Attachments: # 1 Exhibit A: Core Search Terms) (Dugan, Joseph) (Entered: 11/06/2017)

1 Exhibit A: Core Search Terms

View on PACER

Scheduling Order by Judge Marco A. Hernandez. The Telephone Status Conference set for 11/8/2017 at 10:00AM is RESET to 11/13/2017 at 01:30PM before Judge Marco A. Hernandez. The parties shall use the same conference call information provided to the parties on 10/11/2017. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 11/06/2017)

MINUTES of Proceedings: Status Conference held. Discovery is to be completed by 5/31/2018. Status Conference is set for 3/1/2018 at 09:00AM in Portland by telephone before Judge Marco A. Hernandez. The parties shall use the same conference call information provided to the parties on 10/11/2017. Derek D. Green and Mathew W. dos Santos present as counsel for plaintiff(s). Joseph C. Dugan present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (dls) (Entered: 11/13/2017)

Scheduling Order by Judge Marco A. Hernandez: Due to a conflict in the Court's schedule, the telephone Status Conference set for 3/1/2018 at 9:00AM is reset AS TO TIME ONLY to 3/1/2018 at 12:15PM before Judge Marco A. Hernandez. The parties shall use the same conference call information provided to the parties on 10/11/2017. Ordered by Judge Marco A. Hernandez. (jp) Modified on 11/14/2017 to indicate time change only. NEF will be regenerated (jp). (Entered: 11/14/2017)

Transcript Designation and Order Form for the hearing held on 11/13/17 before Judge Hernandez. Court Reporter: Nancy Walker. . Filed by All Defendants. (Dugan, Joseph) (Entered: 11/14/2017)

Notice of Attorney Withdrawal: Filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 12/13/2017)

OFFICIAL COURT TRANSCRIPT OF PROCEEDINGS FILED Telephonic hearing held on November 13, 2017 before Judge Marco A. Hernandez, Court Reporter Nancy M. Walker, telephone number 503-326-8186 or e-mail nancy_walker@ord.uscourts.gov. Transcript may be viewed at Court's public terminal or purchased from the Court Reporter before the deadline for Release of Transcript Restriction. Afterwards it may be obtained from the Court Reporter (503-326-8186) or through PACER-See Policy at ord.uscourts.gov. Notice of Intent to Redact Transcript is due by 12/20/2017. Redaction Request due 1/3/2018. Redacted Transcript Deadline set for 1/16/2018. Release of Transcript Restriction set for 3/13/2018. (Walker, Nancy) (Entered: 12/13/2017)

Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the telephone Status Conference set for 3/1/2018 at 12:15PM is RESET AS TO TIME ONLY TO 3/1/2018 at 10:30AM before Judge Marco A. Hernandez. The parties shall use the same conference call information provided for the 12:15 call. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 02/23/2018)

MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. A further Telephone Status Conference is set for 6/18/2018 at 09:30AM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Derek Green present as counsel for plaintiff(s). Joseph Dugan present as counsel for defendant(s). Court Reporter: Ryan White. Judge Marco A. Hernandez presiding. (jp) (Entered: 03/01/2018)

Scheduling Order by Judge Marco A. Hernandez. Due to a conflict in the Court's schedule, the Telephone Status Conference set for 6/18/2018 at 9:30AM is RESET to 6/19/2018 at 09:30AM before Judge Marco A. Hernandez. The parties shall call in to the same number provided for the call on 6/18/2018. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 05/15/2018)

MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. A further Telephone Status Conference is set for 7/26/2018 at 04:30PM in Portland by telephone before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Derek D. Green present as counsel for plaintiff(s). Joseph C. Dugan present as counsel for defendant(s). Court Reporter: Ariel Badenhop. Judge Marco A. Hernandez presiding. (jp) (Entered: 06/19/2018)

MINUTES of Proceedings: Telephone Status Conference held. Status of case discussed as stated on the record. A further Status Conference is set for 9/25/2018 at 09:30AM in Portland by telephone before Judge Marco A. Hernandez. Derek D. Green present as counsel for plaintiff(s). Joseph C. Dugan present as counsel for defendant(s). Court Reporter: Nancy Walker. Judge Marco A. Hernandez presiding. (jp) (Entered: 07/27/2018)

Scheduling Order by Judge Marco A. Hernandez. At the request of the parties, the Telephone Status Conference set for 9/25/2018 at 9:30AM is RESET to 10/11/2018 at 03:30PM before Judge Marco A. Hernandez. The parties shall call into the court's conference line (the phone number provided via separate email) five minutes prior to the scheduled conference time. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 09/24/2018)

Notice of Change of Address. Filed by All Defendants. (Dugan, Joseph) (Entered: 10/12/2018)

Scheduling Order by Judge Marco A. Hernandez The telephone Status Conference set for 10/11/2018 at 3:30PM was canceled and is RESET to 12/5/2018 at 10:00AM in Portland by telephone before Judge Marco A. Hernandez. The parties shall use the same call-in information provided for the 10/11/18 call. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 10/19/2018)

Joint Status Report and Request to Vacate Telephonic Status Conference by All Defendants. Filed by All Defendants. (Dugan, Joseph) (Entered: 12/04/2018)

Scheduling Order by Judge Marco A. Hernandez. Pursuant to the parties' Joint Status Report 44, the telephone conference set for TOMORROW, 12/5/2018 is CANCELED. The parties shall file either a joint status report or a stipulation of dismissal on or before 1/11/2019. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 12/04/2018)

Unopposed Motion for Stay of 1/11/19 Deadline for Joint Status Report or Stipulation of Dismissal in Light of Lapse in Appropriations. Filed by All Defendants. (Dugan, Joseph) (Entered: 01/08/2019)

ORDER: Granting Defendants' Unopposed Motion for Stay of 1/11/19 Deadline for Joint Status Report or Stipulation of Dismissal in Light of Lapse in Appropriations 46 . Counsel shall inform the Court once Congress has appropriated funds for the Department. The parties' deadline for their joint status report or stipulation of dismissal shall be extended by a period of one month following the date appropriations are restored. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/09/2019)

Notice re Order on motion for stay, 47 (Notice of Restoration of Appropriations) Filed by All Defendants. (Related document(s): Order on motion for stay, 47 .) (Dugan, Joseph) (Entered: 01/28/2019)

ORDER: Pursuant to Defendants' Notice to the Court of Restoration of Appropriations 48, the parties joint status report or stipulation of dismissal is due February 25, 2019. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 01/30/2019)

Stipulated Motion to Dismiss Stipulation of Dismissal with Prejudice. Filed by All Plaintiffs. (Green, Derek) (Entered: 02/25/2019)

ORDER: GRANTING Plaintiffs Stipulated Motion to Dismiss 50 . This case is dismissed with prejudice and without an award by this Court of costs or fees to any party. Ordered by Judge Marco A. Hernandez. (jp) (Entered: 02/26/2019)