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

2:17-cv-01083 | U.S. District Court for the District of Arizona

Filed Date: April 12, 2017

Closed Date: March 31, 2020

Clearinghouse coding complete

Case Summary

On April 12, 2017, the ACLU of Arizona filed this suit under the Freedom of Information Act (FOIA). This was one of over a dozen aimed at shedding light on how U.S. Customs and Border Protection implemented President Trump's January 27 and March 6 Executive Orders (EO) that banned admission to the U.S. for nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen. Specifically, the plaintiff sought information “concerning CBP’s local implementation of President Trump’s January 27, 2017 E…

On April 12, 2017, the ACLU of Arizona filed this suit under the Freedom of Information Act (FOIA). This was one of over a dozen aimed at shedding light on how U.S. Customs and Border Protection implemented President Trump's January 27 and March 6 Executive Orders (EO) that banned admission to the U.S. for nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria, and Yemen.

Specifically, the plaintiff 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 the Executive Order,” including President Trump’s March 6, 2017 Executive Order. The request concerned implementation at sites within the purview of CBP’s Tucson Field Office, including Phoenix Sky Harbor International Airport. 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 plaintiff argued that the requested records “would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders,” and that “[s]uch information is critical to the public’s ability to hold the government accountable.”

The case was assigned to Judge Deborah M. Fine.

On May 8, 2017, 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. 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, 2017 the U.S. District Judicial Panel on Multidistrict Litigation denied the government’s consolidation 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.”

Litigation continued over a production schedule, and on June 5, 2018 the court (now Judge Diane Humetewa) ordered the government to complete its production on a rolling basis by November 30, 2018. On June 22, 2018 the court amended its order to indicate that documents were to be processed by, rather than produced by, November 30, 2018.

On December 4, 2018, the defendants reported that the processing of documents was completed on October 31, 2018. On May 24, 2019, the plaintiff filed a motion for attorneys’ fees, claiming that it was entitled to an award of attorneys’ fees in the amount of $88,900 and costs in the amount of $400.00. The court granted the plaintiff’s attorneys’ fees in the amount of $76,900 and costs in the amount of $400.00 on March 27, 2020. On March 31, 2020, the court directed the court clerk to close the case.

This case is closed.

Summary Authors

Virginia Weeks (5/4/2017)

Virginia Weeks (6/30/2018)

Jamie Kessler (8/7/2017)

Bogyung Lim (8/14/2020)

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)

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 attorneys, see: https://www.courtlistener.com/docket/6073495/parties/american-civil-liberties-union-of-arizona-v-united-states-department-of/


Judge(s)

Breyer, Charles R. (California)

Humetewa, Diane Joyce (Arizona)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Bodney, David Jeremy (Arizona)

Brody, Kathleen E. (Arizona)

DiGiacomo, Michael Anthony (Arizona)

Judge(s)

Breyer, Charles R. (California)

Humetewa, Diane Joyce (Arizona)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Vance, Sarah S. (Louisiana)

Attorneys(s) for Plaintiff

Bodney, David Jeremy (Arizona)

Brody, Kathleen E. (Arizona)

DiGiacomo, Michael Anthony (Arizona)

Lieberman, Martin (Arizona)

Peard, William Bradford (Arizona)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Federighi, Carol (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)

Strange, Elizabeth A. (Arizona)

Documents in the Clearinghouse

Document

2:17-cv-01083

Docket [PACER]

American Civil Liberties Union of Arizona v. United States Department of Homeland Security

March 31, 2020

March 31, 2020

Docket
1

2:17-cv-01083

Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552

American Civil Liberties Union of Arizona v. United States Department of Homeland Security

April 12, 2017

April 12, 2017

Complaint
33

2:17-cv-01083

Order Denying Transfer

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

261 F.Supp.3d 1348

Aug. 2, 2017

Aug. 2, 2017

Order/Opinion
70

2:17-cv-01083

Joint Status Report

May 8, 2019

May 8, 2019

Pleading / Motion / Brief
80

2:17-cv-01083

Order

2020 WL 1494328

March 27, 2020

March 27, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6073495/american-civil-liberties-union-of-arizona-v-united-states-department-of/

Last updated May 20, 2022, 4:28 a.m.

ECF Number Description Date Link Date / Link
6

SCHEDULING ORDER: Defendant shall serve an answer or otherwise plead within thirty days after service, unless the Court otherwise directs for good cause shown. The deadline for filing dispositive motions is six months from the date the case is at issue. Failure to file such a motion shall result in dismissal for lack of prosecution. Plaintiff shall serve Defendant with a copy of this Order. Signed by Magistrate Judge Deborah M Fine on 4/12/17. (KGM) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
5

ORDER that motions pursuant to Fed. R. Civ. P. 12(b) are discouraged if the defect can be cured by filing an amended pleading. The parties must meet and confer prior to the filing of such motions to determine whether it can be avoided. FURTHER ORDERED that Plaintiff(s) serve a copy of this Order upon Defendant(s) and file a notice of service. See attached Order for complete details. Signed by Magistrate Judge Deborah M Fine on 4/12/17. (KGM) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
4

Corporate Disclosure Statement by American Civil Liberties Union of Arizona. (Bodney, David) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
3

SUMMONS Submitted by American Civil Liberties Union of Arizona. (Bodney, David) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
2

Filing fee paid, receipt number 0970-14116866. This case has been assigned to the Honorable Deborah M Fine. All future pleadings or documents should bear the correct case number: CV-17-01083-PHX-DMF. Magistrate Election form attached. (Attachments: # 1 Magistrate Consent Form Instructions)(SLQ) (Entered: 04/12/2017)

1 Magistrate Consent Form Instructions

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April 12, 2017

April 12, 2017

PACER
1

COMPLAINT. Filing fee received: $ 400.00, receipt number 0970-14116866 filed by American Civil Liberties Union of Arizona. (Submitted by David Bodney). (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(SLQ) (Entered: 04/12/2017)

1 Exhibit

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2 Civil Cover Sheet

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April 12, 2017

April 12, 2017

RECAP
8

SUMMONS Submitted by American Civil Liberties Union of Arizona. (Bodney, David) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
7

SUMMONS Submitted by American Civil Liberties Union of Arizona. (Bodney, David) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
9

Summons Issued as to United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Summons)(BAS). *** IMPORTANT: When printing the summons, select "Document and stamps" or "Document and comments" for the seal to appear on the document. (Entered: 04/14/2017)

1 Summons

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April 14, 2017

April 14, 2017

PACER
12

Magistrate Election Form Deadline set as to United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Consent Form)(MAP) (Entered: 05/09/2017)

1 Consent Form

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May 8, 2017

May 8, 2017

PACER
11

NOTICE re: of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 by United States Customs and Border Protection, United States 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

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2 Exhibit Exhibit 1 - Transfer Motion

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3 Exhibit Exhibit 2 - Supporting Memorandum

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4 Exhibit Exhibit 3 - Schedule of Actions

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May 8, 2017

May 8, 2017

PACER
10

NOTICE of Appearance by Chetan Patil on behalf of United States Customs and Border Protection, United States Department of Homeland Security. (Patil, Chetan) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
13

Order that American Civil Liberties Union of Arizona show cause for failure to comply with LRCiv 3.7(b) before Judge G Murray Snow. Show Cause Hearing set for 6/5/2017 at 04:30 PM before Judge G Murray Snow. (Attachments: # 1 Instructions, # 2 Consent Form)(MAP) (Entered: 05/09/2017)

1 Instructions

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2 Consent Form

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May 9, 2017

May 9, 2017

PACER
15

MINUTE ORDER: Pursuant to Local Rule 3.7(b), a request has been received for a random reassignment of this case to a District Judge. FURTHER ORDERED Case reassigned by random draw to Judge Diane J. Humetewa. All further pleadings/papers should now list the following COMPLETE case number: CV-17-1083-PHX-DJH. FURTHER ORDERED that the Order to Show Cause Hearing scheduled for June 5, 2017 is hereby VACATED. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
14

Party Elects Assignment of Case to District Judge Jurisdiction. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (MAP) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
17

ORDER granting the parties' Stipulation for Extension of Time to Respond to Complaint 16 and allowing Defendants up to and including July 10, 2017 to file an answer or otherwise respond to Plaintiff's complaint. Signed by Judge Diane J Humetewa on 5/11/2017.(LMR) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
16

Joint MOTION for Extension of Time to File Answer re: 1 Complaint or otherwise respond to Complaint by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 05/11/2017)

1 Text of Proposed Order

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May 11, 2017

May 11, 2017

PACER
18

MOTION to Stay Proceedings pending decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 05/12/2017)

1 Text of Proposed Order

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May 12, 2017

May 12, 2017

PACER
19

RESPONSE in Opposition re: 18 MOTION to Stay Proceedings pending decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer filed by American Civil Liberties Union of Arizona. (DiGiacomo, Michael) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
20

NOTICE re: Notice of Filing Opposition to Defendants' Motion to Transfer to the District of Columbia for Consolidation by American Civil Liberties Union of Arizona . (DiGiacomo, Michael) (Entered: 06/01/2017)

June 1, 2017

June 1, 2017

PACER
21

REPLY to Response to Motion re: 18 MOTION to Stay Proceedings pending decision by the Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer filed by United States Customs and Border Protection, United States Department of Homeland Security. (Patil, Chetan) (Entered: 06/02/2017)

June 2, 2017

June 2, 2017

PACER
22

NOTICE re: Filing of JPML Reply Brief by United States Customs and Border Protection, United States Department of Homeland Security . (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
23

NOTICE re: of Order Denying Motion to Stay Proceeding Entered in the United States District Court for the Western District of Washington by American Civil Liberties Union of Arizona . (DiGiacomo, Michael) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
24

NOTICE re: Decision in Related Case by United States Customs and Border Protection, United States Department of Homeland Security . (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
25

NOTICE re: Recent Decisions by United States Customs and Border Protection, United States Department of Homeland Security . (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
27

NOTICE re: of Orders Denying Motions to Stay Proceedings by American Civil Liberties Union of Arizona . (Attachments: # 1 Exhibit, # 2 Exhibit)(DiGiacomo, Michael) (Entered: 06/26/2017)

1 Exhibit

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2 Exhibit

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June 26, 2017

June 26, 2017

PACER
26

NOTICE re: Decisions in Related Cases by United States Customs and Border Protection, United States Department of Homeland Security . (Attachments: # 1 Eastern District of Virginia Order)(Patil, Chetan) (Entered: 06/26/2017)

1 Eastern District of Virginia Order

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June 26, 2017

June 26, 2017

PACER
28

NOTICE of Errata re: 27 Notice (Other) by Plaintiff American Civil Liberties Union of Arizona.. (DiGiacomo, Michael) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
29

NOTICE re: Decision in Related Case by United States Customs and Border Protection, United States Department of Homeland Security . (Attachments: # 1 Northern District of Illinois Order)(Patil, Chetan) (Entered: 06/28/2017)

1 Northern District of Illinois Order

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June 28, 2017

June 28, 2017

PACER
30

NOTICE re: Decision in Related Case by United States Customs and Border Protection, United States Department of Homeland Security . (Attachments: # 1 Southern District of Florida Order)(Patil, Chetan) (Entered: 06/29/2017)

1 Southern District of Florida Order

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June 29, 2017

June 29, 2017

PACER
31

NOTICE re: Decision in Related Case by United States Customs and Border Protection, United States Department of Homeland Security . (Attachments: # 1 Northern District of Georgia Order)(Patil, Chetan) (Entered: 07/03/2017)

1 Northern District of Georgia Order

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July 3, 2017

July 3, 2017

PACER
32

ANSWER to 1 Complaint by United States Customs and Border Protection, United States Department of Homeland Security.(Patil, Chetan) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
33

MDL ORDER DENYING TRANSFER. ORDERED That the Motion for Centralization of these Actions (Listed on Schedule A) is Denied. (MAP) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
34

ORDER denying as moot Defendants' 18 Motion to Stay. Signed by Judge Diane J Humetewa on 8/3/2017.(LFIG) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
35

NOTICE OF ATTORNEY SUBSTITUTION: Carol Federighi appearing for United States Customs and Border Protection, United States Department of Homeland Security. Attorney Matthew J Berns and Chetan Patil terminated. . (Federighi, Carol) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
36

NOTICE of Appearance by William Bradford Peard on behalf of American Civil Liberties Union of Arizona. (Peard, William) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
37

STIPULATION Setting Deadline to File Joint Status Report by American Civil Liberties Union of Arizona. (Attachments: # 1 Text of Proposed Order)(DiGiacomo, Michael) (Entered: 10/17/2017)

1 Text of Proposed Order

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Oct. 17, 2017

Oct. 17, 2017

PACER
38

ORDER granting the 37 Stipulation. ORDERED that the parties shall file a Joint Status Report on or before January 10, 2018, describing the status of the production of documents responsive to Plaintiff's FOIA request, stating whether dispositive motions will be required, and, if so, setting forth a schedule for such motions. Signed by Judge Diane J Humetewa on 10/24/2017. (LFIG) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
39

MOTION for Order Setting Schedule for Production of Responsive Documents filed by American Civil Liberties Union of Arizona. (Attachments: # 1 Proposed Order)(DiGiacomo, Michael) (Entered: 12/13/2017)

1 Proposed Order

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Dec. 13, 2017

Dec. 13, 2017

PACER
40

STIPULATION re: 39 MOTION for Order Setting Schedule for Production of Responsive Documents filed by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 12/22/2017)

1 Text of Proposed Order

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Dec. 22, 2017

Dec. 22, 2017

PACER
42

RESPONSE to Motion re: 39 MOTION for Order Setting Schedule for Production of Responsive Documents filed filed by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A: Howard Declaration, # 2 Exhibit B: Federighi Declaration)(Federighi, Carol) (Entered: 01/03/2018)

1 Exhibit A: Howard Declaration

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2 Exhibit B: Federighi Declaration

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Jan. 3, 2018

Jan. 3, 2018

PACER
41

ORDER approving the parties' 40 Stipulation and Defendants shall have until 1/3/2018 to file their Response to Plaintiff's 39 MOTION for Order Setting Schedule for Production of Responsive Documents. Signed by Judge Diane J Humetewa on 1/3/2018. (LFIG) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
44

REPLY to Response to Motion re: 39 MOTION for Order Setting Schedule for Production of Responsive Documents filed filed by American Civil Liberties Union of Arizona. (DiGiacomo, Michael) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
43

STATUS REPORT // Joint Status Report by American Civil Liberties Union of Arizona. (DiGiacomo, Michael) (Entered: 01/10/2018)

Jan. 10, 2018

Jan. 10, 2018

PACER
46

ORDER that Defendants must SHOW CAUSE in writing on or before Thursday, May 31, 2018, as to the number of pages per month of the documents referenced in the Motion (Doc. 39 ), the Defendants are currently able to produce, and why the Court should not Order Defendants to produce the documents a rate of 1,000 pages per month. Signed by Judge Diane J Humetewa on 5/21/2018. (LFIG) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
45

ORDER: IT IS ORDERED the parties shall file a Joint Status Report by May 28, 2018 regarding the status of the documents produced to date related to the Motion for Discovery Schedule (Doc. 39 ). ORDERED by Judge Diane J Humetewa on 5/21/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
47

STATUS REPORT (Joint) by United States Customs and Border Protection, United States Department of Homeland Security. (Federighi, Carol) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
48

RESPONSE TO ORDER TO SHOW CAUSE re: 46 Order to Show Cause by Defendants United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit Second Howard Declaration)(Federighi, Carol) (Entered: 05/31/2018)

1 Exhibit Second Howard Declaration

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May 31, 2018

May 31, 2018

PACER
49

*ORDER granting Plaintiff's 39 Motion. ORDERED that Defendants shall produce the remaining documents pursuant to the following schedule: at least 500 pages by June 30, 2018; at least 1,000 pages by August 31, 2018; at least 2,129 pages by October 31, 2018; and all 2,241 pages by November 30, 2018. Signed by Judge Diane J Humetewa on 6/4/2018. (LFIG) *Modified on 6/22/2018 to reflect order is amended in part to clarify the term produce per Doc. 53. (LFIG) (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
50

MOTION to Produce Vaughn Index and Memorandum in Support Thereof by American Civil Liberties Union of Arizona. (Attachments: # 1 Text of Proposed Order)(DiGiacomo, Michael) (Entered: 06/13/2018)

1 Text of Proposed Order

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June 13, 2018

June 13, 2018

PACER
52

*AMENDED MOTION for Clarification re: 49 Order on Motion for Miscellaneous Relief (to Clarify Order) by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) *Modified on 6/18/2018 to correct event type (MSA). (Entered: 06/15/2018)

1 Text of Proposed Order

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June 15, 2018

June 15, 2018

PACER
51

* MOTION for Clarification re: 49 Order on Motion for Miscellaneous Relief by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) *Modified on 6/18/2018 to correct event type (MSA). (Entered: 06/15/2018)

1 Text of Proposed Order

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June 15, 2018

June 15, 2018

PACER
53

ORDER: Upon review, IT IS ORDERED granting Defendants' 52 Amended Motion to Clarify the Court's Order of June 5, 2018. The Court's 49 Order is hereby amended to clarify that Defendants are to "process" rather than "produce" pages in accordance with the timeline described in the 49 Order. The Order remains unaltered in all other respects. ORDERED by Judge Diane J Humetewa on 6/22/2018. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
54

RESPONSE in Opposition re: 50 MOTION to Produce Vaughn Index and Memorandum in Support Thereof filed by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Federighi, Carol) (Entered: 06/26/2018)

1 Exhibit 1

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2 Exhibit 2

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June 26, 2018

June 26, 2018

PACER
55

STIPULATION Extending Deadline for Plaintiff to File Reply in Support of Motion for Order Directing Defendants to Produce a Vaughn Index by American Civil Liberties Union of Arizona. (Attachments: # 1 Text of Proposed Order)(DiGiacomo, Michael) (Entered: 06/29/2018)

1 Text of Proposed Order

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June 29, 2018

June 29, 2018

PACER
56

ORDER approving 55 Stipulation and that Plaintiff shall have to and including July 13, 2018 to file its reply in support of the 50 Motion for Order Directing Defendants to Produce a Vaughn Index. Signed by Judge Diane J Humetewa on 7/10/18. (LAD) (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
57

REPLY to Response to Motion re: 50 MOTION to Produce Vaughn Index and Memorandum in Support Thereof /Plaintiff's Reply in Support of Motion for Order Directing Defendants to Produce a Vaughn Index filed by American Civil Liberties Union of Arizona. (Attachments: # 1 Exhibit A)(DiGiacomo, Michael) (Entered: 07/13/2018)

1 Exhibit A

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July 13, 2018

July 13, 2018

PACER
58

ORDER denying without prejudice to re-file the 50 Motion for an Order Directing Defendants to Produce a Vaughn Index. Signed by Judge Diane J Humetewa on 10/18/2018. (See Order for details.) (LFIG) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
59

STATUS REPORT by United States Customs and Border Protection, United States Department of Homeland Security. (Federighi, Carol) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
60

ORDER that the parties shall file a Joint Status Report on or before January 4, 2019 stating whether dispositive motions will be required, and, if so, setting forth a schedule for such motions. Signed by Judge Diane J Humetewa on 12/6/2018. (LFIG) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
61

MOTION to Stay re: 60 Order, Set Deadlines by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 12/26/2018)

1 Text of Proposed Order

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Dec. 26, 2018

Dec. 26, 2018

PACER
62

RESPONSE to Motion re: 61 MOTION to Stay re: 60 Order, Set Deadlines /Plaintiff's Response to Defendants' Unopposed Motion For Stay of Due Date to File Joint Status Report in Light of Lapse of Appropriations filed by American Civil Liberties Union of Arizona. (DiGiacomo, Michael) (Entered: 01/04/2019)

Jan. 4, 2019

Jan. 4, 2019

PACER
63

ORDER granting the 61 Motion to Stay. ORDERED the stay automatically lifts upon restoration of government funding to the Department. IT IS FURTHER ORDERED that within 14 days of restoration of government funding, the parties shall file a joint status report regarding effect of the stay on all pending case deadlines. Signed by Judge Diane J Humetewa on 1/7/2019. (LFIG) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
64

STATUS REPORT (Joint) by United States Customs and Border Protection, United States Department of Homeland Security. (Federighi, Carol) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
65

ORDER the parties shall file a Joint Status Report on or before March 8, 2019. Signed by Judge Diane J Humetewa on 2/13/2019. (LFIG) (Entered: 02/14/2019)

Feb. 14, 2019

Feb. 14, 2019

PACER
66

STATUS REPORT (Joint) by United States Customs and Border Protection, United States Department of Homeland Security. (Federighi, Carol) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

PACER
67

ORDER: Pursuant to the parties' 66 Joint Status Report, IT IS ORDERED the parties shall file a Joint Status Report with the Court on or before 4/8/2019. ORDERED by Judge Diane J Humetewa on 3/11/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER

~Util - Set Deadlines

March 11, 2019

March 11, 2019

PACER

Order

March 11, 2019

March 11, 2019

PACER
68

STATUS REPORT by American Civil Liberties Union of Arizona. (DiGiacomo, Michael) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
69

ORDER that the parties shall have until May 8, 2019, to file an updated Status Report regarding their settlement discussions. ORDERED that a motion for award of attorneys' fees, if necessary, shall be filed no later than May 24, 2019. Signed by Judge Diane J Humetewa on 4/9/2019. (LFIG) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
70

STATUS REPORT (Joint) by United States Customs and Border Protection, United States Department of Homeland Security. (Federighi, Carol) (Entered: 05/08/2019)

May 8, 2019

May 8, 2019

PACER
71

MOTION for Attorney Fees by American Civil Liberties Union of Arizona. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2)(DiGiacomo, Michael) (Entered: 05/24/2019)

1 Exhibit Exhibit 1

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2 Exhibit Exhibit 2

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May 24, 2019

May 24, 2019

PACER
72

STIPULATION re: 71 MOTION for Attorney Fees Setting Deadline for Defendants to Respond by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Federighi, Carol) (Entered: 06/05/2019)

1 Text of Proposed Order

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June 5, 2019

June 5, 2019

PACER
81

ORDER: The parties having informed the Court that no other issues remain (Docs. 70 , 71 ), IT IS ORDERED directing the Clerk of Court to close this case. ORDERED by Judge Diane J Humetewa on 3/31/2020. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

73

ORDER approving the 72 Stipulation and allowing Defendants up to and including 6/21/2019 to file their Response re: 71 MOTION for Attorney Fees. Signed by Judge Diane J Humetewa on 6/5/2019. (LFIG) (Entered: 06/06/2019)

June 6, 2019

June 6, 2019

PACER
74

RESPONSE in Opposition re: 71 MOTION for Attorney Fees filed by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit 1: W.D. Wash. Complaint, # 2 Exhibit 2: E.D. Va. Complaint, # 3 Exhibit 3: Pl's Fees Charts with Reference Row Numbers, # 4 Exhibit 4: Redacted Entries, # 5 Exhibit 5: Attorney Communications, # 6 Exhibit 6: Partner's Hours, # 7 Exhibit 7: Fees for Complaint, # 8 Exhibit 8: Fees for Vaughn Motion, # 9 Exhibit 9: AZ billing rates)(Federighi, Carol) (Entered: 06/21/2019)

1 Exhibit 1: W.D. Wash. Complaint

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2 Exhibit 2: E.D. Va. Complaint

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3 Exhibit 3: Pl's Fees Charts with Reference Row Numbers

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4 Exhibit 4: Redacted Entries

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5 Exhibit 5: Attorney Communications

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6 Exhibit 6: Partner's Hours

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7 Exhibit 7: Fees for Complaint

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8 Exhibit 8: Fees for Vaughn Motion

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9 Exhibit 9: AZ billing rates

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June 21, 2019

June 21, 2019

PACER
75

STIPULATION Stipulation Extending Deadline for Plaintiff to File Reply in Support of Motion for Award of Attorneys' Fees by American Civil Liberties Union of Arizona. (Attachments: # 1 Text of Proposed Order Order)(DiGiacomo, Michael) (Entered: 06/25/2019)

1 Text of Proposed Order Order

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June 25, 2019

June 25, 2019

PACER
76

ORDER: IT IS ORDERED the parties' 75 Stipulation Extending Deadline for Plaintiff to File Reply in Support of Motion for Attorneys' Fees is approved. Plaintiff shall have until and through July 29, 2019 to file its reply in support of the Motion for Award of Attorneys' Fees. ORDERED by Judge Diane J Humetewa on 6/26/2019. This is a TEXT ENTRY ONLY. There is no PDF document associated with this entry. (LFIG) (Entered: 06/26/2019)

June 26, 2019

June 26, 2019

PACER

Order on Stipulation

June 26, 2019

June 26, 2019

PACER
78

NOTICE of Attorney Withdrawal Kathleen E. Brody filed by Martin Lieberman. (Lieberman, Martin) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
77

NOTICE of Appearance by Martin Lieberman on behalf of American Civil Liberties Union of Arizona. (Lieberman, Martin) (Entered: 07/15/2019)

July 15, 2019

July 15, 2019

PACER
79

REPLY to Response to Motion re: 71 MOTION for Attorney Fees // Plaintiff's Reply in Support of Motion for Award of Attorneys' Fees filed by American Civil Liberties Union of Arizona. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(DiGiacomo, Michael) (Entered: 07/29/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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July 29, 2019

July 29, 2019

PACER
80

ORDER granting Plaintiff's Motion for Award of Attorneys' Fees Pursuant to 5 U.S.C. § 552(a)(4)(E) (Doc. 71 ) and awarding Plaintiff attorneys' fees in the amount of $76,928.80 and costs in the amount of $400.00. Signed by Judge Diane J Humetewa on 3/27/2020. (See Order for details.) (LFIG)

March 27, 2020

March 27, 2020

RECAP

Order Dismissing Case

March 31, 2020

March 31, 2020

PACER

Case Details

State / Territory: Arizona

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: April 12, 2017

Closing Date: March 31, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU of Arizona

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

Case Details

Causes of Action:

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

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Amount Defendant Pays: $77,328.80

Content of Injunction:

Required disclosure

Issues

General:

Racial profiling

Record-keeping

Records Disclosure

Religious programs / policies

Discrimination-basis:

Immigration status

National origin discrimination

Religion discrimination

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Border police

Detention - conditions

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern