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

1:17-cv-21382 | U.S. District Court for the Southern District of Florida

Filed Date: April 12, 2017

Closed Date: July 27, 2019

Clearinghouse coding complete

Case Summary

On Apr. 12, 2017, the ACLU of Florida filed this lawsuit in the U.S. District Court for the Southern District of Florida, 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 January 27 and March 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 "conc…

On Apr. 12, 2017, the ACLU of Florida filed this lawsuit in the U.S. District Court for the Southern District of Florida, 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 January 27 and March 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 case in particular concerned implementation at CBP’s Miami Field Office (including Miami International Airport and various ports of entry) and CBP’s Tampa Field Office (including Orlando International Airport and various ports of entry).

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 the Miami and Tampa Field Offices, and that "[s]uch information is critical to the public’s ability to hold the government accountable." Plaintiffs noted that the Miami and Orlando airports are especially busy hubs for international passengers, and that a direct flight route runs from Dubai to Orlando.

On Apr. 12, the case was assigned to Judge Darrin P. Gayles.

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.

Pending a transfer decision by the Judicial Panel on Multidistrict Litigation, Judge Gayles administratively closed the case on June 29, effectively staying it until the Panel made a decision. On Aug. 2, the Panel denied defendants' transfer motion. The parties jointly moved to reopen the case on Aug. 8, and Judge Gayles granted this motion on Aug. 22.

On Nov. 16, the parties submitted a joint scheduling report, agreeing that setting a trial date would be premature. Judge Gayles ordered the parties instead to submit a joint status report by Dec. 15.

In the Dec. 15 status report, the parties explained that defendants were working to identify whether records they released in the other ACLU cases were also responsive to this this. The report also explained that defendants' processing capacity had recently improved. Plaintiff continued to monitor production.

On Jan. 8, 2018, the parties reported that, in all the nationwide cases combined, defendants had to process thousands more pages than they had previously estimated they could. The parties thus agreed that, in this case, defendants would process 300 pages of potentially responsive records and produce responsive non-exempt records to plaintiff by Feb. 28, 2018.

In the latest status report, of Mar. 7, the parties stated that defendants had agreed on a production schedule. Subsequently, on Mar. 9, Judge Gayles ordered defendants to process 400 emails by Apr. 30, 800 emails by June 30, and 95% of all emails by Sept. 30, ending with completed production by Dec. 31. Status reports filed May through October indicated that DHS had processed over 19,000 pages of potentially responsive emails and produced over 14,000 pages of responsive emails.

From 2018 to 2019, the defendants continued to file status reports updating the court as to the production. Aside from a brief stay that occurred when the federal government shut down at the end of 2018, document production was relatively uneventful. On July 26, 2019, the plaintiffs filed a stipulation for dismissal prejudice, which was granted the next day.

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

Summary Authors

Ava Morgenstern (3/10/2018)

Virginia Weeks (11/1/2018)

Jack Hibbard (8/18/2020)

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 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)

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/6134488/parties/american-civil-liberties-union-of-florida-v-us-department-of-homeland/


Judge(s)

Gayles, Darrin Phillip (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Kacou, Amien (Florida)

Mogensen, Andrea Flynn (Florida)

Stevenson, Benjamin James (Florida)

Tannebaum, Brian Lee (Florida)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Bloom, Karen S (District of Columbia)

D'Ottavio, Kari E. (District of Columbia)

Greenberg, Benjamin G. (District of Columbia)

Judge(s)

Gayles, Darrin Phillip (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Kacou, Amien (Florida)

Mogensen, Andrea Flynn (Florida)

Stevenson, Benjamin James (Florida)

Tannebaum, Brian Lee (Florida)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Bloom, Karen S (District of Columbia)

D'Ottavio, Kari E. (District of Columbia)

Greenberg, Benjamin G. (District of Columbia)

Hunt, Joseph H. (District of Columbia)

Lee, Dexter (Florida)

Orshan, Ariana Fajardo (Florida)

Patil, Chetan Adinath (District of Columbia)

Readler, Chad Andrew (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Documents in the Clearinghouse

Document

1:17-cv-21382

Docket [PACER]

July 27, 2019

July 27, 2019

Docket
1

1:17-cv-21382

Complaint

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

April 12, 2017

April 12, 2017

Complaint
17

1:17-cv-21382

Defendants' Unopposed Motion for Enlargement of Time to File Response to Complaint

ACLU of Florida v. Department of Homeland Security

May 26, 2017

May 26, 2017

Pleading / Motion / Brief
36

1:17-cv-21382

Joint Status Report

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

Dec. 15, 2017

Dec. 15, 2017

Pleading / Motion / Brief
40

1:17-cv-21382

Joint Status Report

ACLU of Florida v. DHS

Jan. 8, 2018

Jan. 8, 2018

Pleading / Motion / Brief
41

1:17-cv-21382

Order

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

Jan. 9, 2018

Jan. 9, 2018

Order/Opinion
42

1:17-cv-21382

Joint Status Report

American Civil Liberties Union of Florida v. U.S. Department of Homeland Security and U.S. Customs and Border Protection

March 7, 2018

March 7, 2018

Settlement Agreement
63

1:17-cv-21382

Stipulation of Dismissal with Prejudice

July 26, 2019

July 26, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6134488/american-civil-liberties-union-of-florida-v-us-department-of-homeland/

Last updated Nov. 21, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief for violation of the Freedom of Information Act against U.S. Customs and Border Protection, U.S. Department of Homeland Security. Filing fees $ 400.00 receipt number 113C-9647763, filed by American Civil Liberties Union of Florida, Inc.. (Attachments: # 1 Exhibit FOIA Request (Miami), # 2 Exhibit FOIA Request (Tampa), # 3 Exhibit U.S. Postal Service Priority Tracking, # 4 Exhibit Tracking Results (Miamil), # 5 Exhibit Tracking Results (Tampa), # 6 Exhibit Tracking Results (Headquarters), # 7 Exhibit Acknowledgement (Miami), # 8 Exhibit Notice (Miami), # 9 Exhibit Acknowledgement (Tampa), # 10 Exhibit Notice (Miami))(Stevenson, Benjamin) (Entered: 04/12/2017)

1 Exhibit FOIA Request (Miami)

View on PACER

2 Exhibit FOIA Request (Tampa)

View on PACER

3 Exhibit U.S. Postal Service Priority Tracking

View on PACER

4 Exhibit Tracking Results (Miamil)

View on PACER

5 Exhibit Tracking Results (Tampa)

View on PACER

6 Exhibit Tracking Results (Headquarters)

View on PACER

7 Exhibit Acknowledgement (Miami)

View on PACER

8 Exhibit Notice (Miami)

View on PACER

9 Exhibit Acknowledgement (Tampa)

View on PACER

10 Exhibit Notice (Miami)

View on PACER

April 12, 2017

April 12, 2017

RECAP
2

Judge Assignment to Judge Darrin P. Gayles (lrz1) (Entered: 04/13/2017)

April 12, 2017

April 12, 2017

PACER
3

Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (lrz1) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
4

Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (lrz1) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
5

NOTICE by American Civil Liberties Union of Florida re 4 Clerks Notice to Filer re: Electronic Case - Civil Coversheet (Stevenson, Benjamin) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
6

NOTICE of Attorney Appearance by Chetan A. Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Chetan A. Patil added to party U.S. Customs and Border Protection(pty:dft), Attorney Chetan A. Patil added to party U.S. Department of Homeland Security(pty:dft). (Patil, Chetan) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
7

NOTICE of Attorney Appearance by Matthew J. Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Matthew J. Berns added to party U.S. Customs and Border Protection(pty:dft), Attorney Matthew J. Berns added to party U.S. Department of Homeland Security(pty:dft). (Berns, Matthew) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
8

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

1 Index of Exhibits

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2 Exhibit Exhibit 1 - Transfer Motion

View on PACER

3 Exhibit 2 - Supporting Memorandum

View on PACER

4 Exhibit 3 - Schedule of Action

View on PACER

May 8, 2017

May 8, 2017

PACER
9

NOTICE of Filing Proposed Summons(es) by American Civil Liberties Union of Florida re 1 Complaint,, filed by American Civil Liberties Union of Florida (Abudu, Nancy) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

RECAP
10

Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security(asl) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

RECAP
11

Courtesy Copy of Motion to Transfer of Actions Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings sent before The United States Judicial Panel on Multidistrict Litigation by U.S. Department of HOmeland Security and U.S. Customs and Border Protection (Attachments: # 1 Memorandum of Law in Support, # 2 Schedule of Actions)(gp) (Entered: 05/12/2017)

1 Memorandum of Law in Support

View on PACER

2 Schedule of Actions

View on PACER

May 12, 2017

May 12, 2017

PACER
12

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 6 Notice of Attorney Appearance, Corrected Certificate of Service (Attachments: # 1 Exhibit 1 - Corrected Certificate of Service) (Patil, Chetan) (Entered: 05/15/2017)

1 Exhibit 1 - Corrected Certificate of Service

View on PACER

May 15, 2017

May 15, 2017

PACER
13

NOTICE of Attorney Appearance by Amien Kacou on behalf of American Civil Liberties Union of Florida. Attorney Amien Kacou added to party American Civil Liberties Union of Florida(pty:pla). (Kacou, Amien) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
14

SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. United States Attorney served on 5/19/2017, answer due 7/18/2017. (Kacou, Amien) Modified text on 5/24/2017 (jas). (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
15

SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. U.S. Attorney General served on 5/22/2017, answer due 7/21/2017. (Kacou, Amien) Modified text on 5/24/2017 (jas). (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
16

SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. U.S. Customs and Border Protection served on 5/25/2017, answer due 7/24/2017; U.S. Department of Homeland Security served on 5/25/2017, answer due 7/24/2017. (Kacou, Amien) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
17

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 05/26/2017)

1 Text of Proposed Order

View on PACER

May 26, 2017

May 26, 2017

PACER
18

ACKNOWLEDGMENT OF SERVICE as to 15 Summons Returned Executed as to USA Attorney General supplemental receipt filed by American Civil Liberties Union of Florida. (Kacou, Amien) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
19

ENDORSED ORDER granting 17 Defendants' Unopposed Motion for Enlargement of Time to File Response to Complaint. Defendants shall respond to the Complaint on or before August 3, 2017. Signed by Judge Darrin P. Gayles (hs01) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
20

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

1 Exhibit JPML Reply Brief

View on PACER

June 6, 2017

June 6, 2017

PACER
21

NOTICE by American Civil Liberties Union of Florida of Filing of JPML Memorandum in Opposition (Attachments: # 1 Exhibit JPML Memorandum in Opposition) (Kacou, Amien) (Entered: 06/07/2017)

1 Exhibit JPML Memorandum in Opposition

View on PACER

June 7, 2017

June 7, 2017

PACER
22

ENDORSED ORDER STAYING CASE pending a transfer decision by the Judicial Panel on Multidistrict Litigation. This case is administratively closed, for statistical purposes only, without prejudice to the substantive rights of any of the parties. Any party may move to reopen this case at the appropriate time. Signed by Judge Darrin P. Gayles (hs01) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
23

Unopposed MOTION to Withdraw as Attorney (Stevenson) by Benjamin Stevenson. by American Civil Liberties Union of Florida. Responses due by 8/16/2017 (Stevenson, Benjamin) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
24

ENDORSED ORDER granting 23 Motion to Withdraw as Attorney. Attorney Benjamin James Stevenson terminated. Signed by Judge Darrin P. Gayles (hs01) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
25

ORDER DENYING TRANSFER IN RE: MDL 2786 - American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769. (Signed by Sarah S. Vance, Chair of the Panel). (gp) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
26

Agreed MOTION to Reopen Case by American Civil Liberties Union of Florida. (Tannebaum, Brian) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

RECAP
27

ENDORSED ORDER granting 26 Plaintiff's Agreed Motion to Reinstate Administratively Closed Case. The stay of this case pending a transfer decision by the Judicial Panel on Multidistrict Litigation 22 is LIFTED. The Clerk of the Court shall REOPEN these proceedings. Defendants shall answer or otherwise respond to the Complaint by 9/6/17. Signed by Judge Darrin P. Gayles on 8/22/2017. (lh00) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER

Set Answer Due Deadline per 27 Order: U.S. Customs and Border Protection response due 9/6/2017; U.S. Department of Homeland Security response due 9/6/2017. (asl)

Aug. 22, 2017

Aug. 22, 2017

PACER
28

NOTICE of Attorney Appearance by Kari D'Ottavio on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Kari D'Ottavio added to party U.S. Customs and Border Protection(pty:dft), Attorney Kari D'Ottavio added to party U.S. Department of Homeland Security(pty:dft). (D'Ottavio, Kari) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
29

ANSWER to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (D'Ottavio, Kari) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
30

ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before 11/24/2017, the parties shall: (1) prepare and file a Joint Scheduling Report, Certificates of Interested Parties, and Corporate Disclosure Statements; (2) prepare and file a Joint Proposed Scheduling Order, adhering to the format and guidance of the attached form; and (3) complete and file the attached magistrate election forms. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/24/2017. (lh00) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
31

Joint SCHEDULING REPORT - Rule 16.1 by American Civil Liberties Union of Florida (Attachments: # 1 Text of Proposed Order)(Tannebaum, Brian) (Entered: 11/16/2017)

1 Text of Proposed Order

View on PACER

Nov. 16, 2017

Nov. 16, 2017

PACER
32

Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by American Civil Liberties Union of Florida (Tannebaum, Brian) (Entered: 11/16/2017)

Nov. 16, 2017

Nov. 16, 2017

PACER
33

ENDORSED ORDER. Pursuant to the parties' 31 Joint Scheduling Report dated November 16, 2017, in which the parties agree that setting a civil trial date and pretrial schedule is premature at this time, and ultimately may not be necessary. Therefore, it is hereby ORDERED that the parties shall submit a Joint Status Report and Proposed Scheduling Order on or before December 15, 2017, to update the Court on the status of Defendants' progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in dispute. Signed by Judge Darrin P. Gayles on 11/17/2017. (lh00) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
34

Clerks Notice to Filer re 32 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (kpe) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
35

Notice of Entry of Parties Listed (Tannebaum, Brian) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
36

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 12/15/2017)

1 Text of Proposed Order

View on PACER

Dec. 15, 2017

Dec. 15, 2017

PACER
37

ENDORSED ORDER. THIS CAUSE came before the Court on the parties' 36 Joint Status Report. Based thereon, the parties are ORDERED to submit a joint status report on or before January 8, 2018, to update the Court on the status of Defendants' progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in dispute. Signed by Judge Darrin P. Gayles on 12/15/2017. (lh00) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
38

Unopposed MOTION to Withdraw as Attorney by Matthew J. Berns & Chetan A. Patil. by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/5/2018 (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 12/22/2017)

1 Text of Proposed Order

View on PACER

Dec. 22, 2017

Dec. 22, 2017

PACER
39

ENDORSED ORDER granting 38 Unopposed Motion to Withdraw as Attorney. Attorneys Matthew J. Berns and Chetan A. Patil terminated. Signed by Judge Darrin P. Gayles on 12/22/2017. (lh00) (Entered: 12/22/2017)

Dec. 22, 2017

Dec. 22, 2017

PACER
40

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 01/08/2018)

1 Text of Proposed Order

View on PACER

Jan. 8, 2018

Jan. 8, 2018

PACER
41

ORDER on 40 Joint Status Report. Signed by Judge Darrin P. Gayles on 1/9/2018. (lh00) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 01/09/2018)

Jan. 9, 2018

Jan. 9, 2018

RECAP
42

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 03/07/2018)

1 Text of Proposed Order

View on PACER

March 7, 2018

March 7, 2018

PACER
43

SCHEDULING ORDER: THIS CAUSE is before the Court on the parties' 42 Joint Status Report dated March 7, 2018. Based thereon, it is hereby ORDERED AND ADJUDGED that: (1) By April 30, 2018, Defendants will process 400 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. (2) By June 30, 2018, Defendants will process 800 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. (3) By September 30, 2018, Defendants will process at least 95 percent of all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, nonexempt records. (4) By December 31, 2018, Defendants will complete processing all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. (5) Every sixty (60) days, the parties will file a joint status report advising the Court of the agency's progress in processing Plaintiff's requests, with the first such report to be filed by May 7, 2018. Signed by Judge Darrin P. Gayles on 3/9/2018. (lh00) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
44

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
45

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 07/02/2018)

July 2, 2018

July 2, 2018

PACER
46

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
47

NOTICE of Change of Address by Kari D'Ottavio (D'Ottavio, Kari) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
48

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
49

MOTION to Stay Dec. 31, 2018 JSR deadline by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/9/2019 (D'Ottavio, Kari) (Entered: 12/26/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER
50

PAPERLESS ORDER granting 49 MOTION FOR A STAY OF JOINT STATUS REPORT DEADLINE IN LIGHT OF LAPSE OF APPROPRIATIONS. The joint status report deadline shall be stayed. Either party may move to lift the stay when warranted. Signed by Judge Darrin P. Gayles (lfn) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
51

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Restoration of Appropriations (D'Ottavio, Kari) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
52

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
53

STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
54

PAPERLESS ORDER Setting Status Conference. The parties shall appear before the Court for a status conference on February 27, 2019 at 10:00 am. Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/11/2019)

Feb. 11, 2019

Feb. 11, 2019

PACER
55

PAPERLESS ORDER Setting Status Conference. The parties shall appear before the Court for a status conference on February 27, 2019 at 1:30 pm in Miami. Counsel residing outside of Miami-Dade county may appear telephonically. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
56

PAPERLESS ORDER Setting Status Conference. Telephonic Status Conference set for February 27, 2019 at 03:30 PM in Miami Division before Judge Darrin P. Gayles. Please note the time change to 3:30pm. Counsel residing outside of Miami-Dade County may appear telephonically. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called. Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
57

PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 3/1/2019. Counsel for all parties present. Total time in court: 10 minutes. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (lfn) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
58

PAPERLESS STATUS REPORT ORDER. The parties shall submit a Joint Status Report advising on the status of this case on or before March 22, 2019. Signed by Judge Darrin P. Gayles (lfn) (Entered: 03/01/2019)

March 1, 2019

March 1, 2019

PACER
59

NOTICE of Attorney Appearance by Karen S. Bloom on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Karen S. Bloom added to party U.S. Customs and Border Protection(pty:dft), Attorney Karen S. Bloom added to party U.S. Department of Homeland Security(pty:dft). (Bloom, Karen) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
60

STATUS REPORT (JOINT) by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bloom, Karen) (Entered: 03/22/2019)

March 22, 2019

March 22, 2019

PACER
61

STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bloom, Karen) (Entered: 05/21/2019)

May 21, 2019

May 21, 2019

PACER
62

STATUS REPORT (Joint) by American Civil Liberties Union of Florida (Kacou, Amien) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
63

STIPULATION of Dismissal with Prejudice by American Civil Liberties Union of Florida (Attachments: # 1 Text of Proposed Order)(Kacou, Amien) (Entered: 07/26/2019)

1 Text of Proposed Order

View on PACER

July 26, 2019

July 26, 2019

PACER
64

PAPERLESS ORDER DISMISSING CASE with prejudice pursuant to the Stipulation of Dismissal with Prejudice 63 . Signed by Judge Darrin P. Gayles (hs01) (Entered: 07/27/2019)

July 27, 2019

July 27, 2019

PACER

Order Dismissing Case

July 27, 2019

July 27, 2019

PACER

Case Details

State / Territory: Florida

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: July 27, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Civil Liberties Union of Florida

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Customs and Border Protection, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Special Case Type(s):

Multi-District Litigation (MDL)

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Voluntary Dismissal

Issues

General:

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Border police

Constitutional rights

Detention - conditions

Detention - criteria

Detention - procedures

Refugees

Visas - criteria

Visas - procedures