Case: ACLU of Southern California v. U.S. Department of Homeland Security

2:17-cv-02778 | U.S. District Court for the Central District of California

Filed Date: April 12, 2017

Closed Date: June 19, 2019

Clearinghouse coding complete

Case Summary

On April 12, 2017, the ACLUs of Southern California and Nevada filed this suit 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 implemented President Trump's January 27 and March 6 Executive Orders (EO) 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 Preside…

On April 12, 2017, the ACLUs of Southern California and Nevada filed this suit 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 implemented President Trump's January 27 and March 6 Executive Orders (EO) 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 concerned implementation at international airports within the purview of CBP's Los Angeles Field Office, including Los Angeles International Airport and McCarran 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 plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders in the Los Angeles Field Office" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

The case was assigned to Judge Beverly Reid O'Connell.

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. On May 17, the government moved to stay the proceedings pending the consolidation decision. 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 Jun. 21, the court ordered proceedings stayed for 60 days.

On Aug. 3, 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." Following the Panel's denial, Judge O'Connell lifted the stay and litigation continued.

On Nov. 3, the case was reassigned to Judge Robert H. Whaley.

On Dec. 13, 2017, the court set a production schedule ordering the government to review and produce responsive records in monthly batches through February 2018. The government completed its production by March 2018, and after the parties conferred, the ACLU stated in an August 2018 status report that it was satisfied with the production and would not pursue further litigation. Attorneys' fees and costs are the only outstanding issue the parties are currently working to resolve.

By May 28, 2019, the parties had come to an agreement regarding attorneys' fees and costs. They therefore submitted a stipulation of dismissal on June 19, 2019, which was granted that same day. The case is now closed.

Summary Authors

Virginia Weeks (5/22/2017)

Virginia Weeks (10/30/2018)

Jamie Kessler (8/21/2017)

Jack Hibbard (7/10/2020)

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 of Michigan v. U.S. Department of Homeland Security, Eastern District of Michigan (2017)

ACLU of Georgia v. U.S. Department of Homeland Security, Northern District of Georgia (2017)

ACLU of Oregon v. U.S. Department of Homeland Security, District of Oregon (2017)

ACLU of Washington v. U.S. Department of Homeland Security, Western District of Washington (2017)

ACLU Foundation of Texas v. U.S. Customs and Border Protection, Southern District of Texas (2017)

ACLU of Arizona v. U.S. Department of Homeland Security, District of Arizona (2017)

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

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6083443/parties/american-civil-liberties-union-of-southern-california-v-us-department-of/


Judge(s)

Breyer, Charles R. (California)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

O'Connell, Beverly Reid (California)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Sagar, Alka (California)

Vance, Sarah S. (Louisiana)

Whaley, Robert H. (Washington)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Judge(s)

Breyer, Charles R. (California)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

O'Connell, Beverly Reid (California)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Sagar, Alka (California)

Vance, Sarah S. (Louisiana)

Whaley, Robert H. (Washington)

Attorneys(s) for Plaintiff

Bibring, Peter (California)

Burke, Thomas R. (California)

Charney, Brendan Nathaniel (California)

Ebadolahi, Mitra (New York)

Hunt, Joseph H. (District of Columbia)

Porter, Devon Erickson (California)

Readler, Chad Andrew (District of Columbia)

Rose, Amy M (Nevada)

Tajsar, Mohammad K. (California)

Attorneys(s) for Defendant

Berns, Matthew (District of Columbia)

Patil, Chetan Adinath (District of Columbia)

Shapiro, Elizabeth J. (District of Columbia)

Skurnik, Matthew (District of Columbia)

Young, Danielle Wolfson (District of Columbia)

Documents in the Clearinghouse

Document

2:17-cv-02778

Docket [PACER]

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

June 24, 2019

June 24, 2019

Docket
1

2:17-cv-02778

Complaint for Declaratory and Injunction Relief for Violation of the Freedom of Information Act

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

April 12, 2017

April 12, 2017

Complaint
28

2:17-cv-02778

Order Denying Transfer

Aug. 3, 2017

Aug. 3, 2017

Order/Opinion
84 & 84-1

2:17-cv-02778

Stipulated Request for Dismissal

June 19, 2019

June 19, 2019

Pleading / Motion / Brief
87

2:17-cv-02778

Order on Stipulated Request for Dismissal

June 24, 2019

June 24, 2019

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6083443/american-civil-liberties-union-of-southern-california-v-us-department-of/

Last updated June 8, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Receipt No: 0973-19672354 - Fee: $400, filed by Plaintiff American Civil Liberties Union of Southern California, American Civil Liberties Union of Nevada. (Attorney Thomas Rohlfs Burke added to party American Civil Liberties Union of Nevada(pty:pla), Attorney Thomas Rohlfs Burke added to party American Civil Liberties Union of Southern California(pty:pla))(Burke, Thomas) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

RECAP
2

CIVIL COVER SHEET filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Burke, Thomas) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
3

Request for Clerk to Issue Summons on Civil Cover Sheet (CV-71) 2, Complaint (Attorney Civil Case Opening), 1 filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Burke, Thomas) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
4

Notice of Party with Pecuinary Interest and Corporate Disclosure Statement NOTICE of Interested Parties filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California, (Burke, Thomas) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
5

APPLICATION of Non-Resident Attorney Amy M. Rose to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California (Pro Hac Vice Fee - Fee Paid, Receipt No. 0973-1967 4974) filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Attachments: # 1 Proposed Order re Pro Hac Vice) (Attorney Brendan Nathaniel Charney added to party American Civil Liberties Union of Nevada(pty:pla), Attorney Brendan Nathaniel Charney added to party American Civil Liberties Union of Southern California(pty:pla)) (Charney, Brendan) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
6

NOTICE OF ASSIGNMENT to District Judge Beverly Reid OConnell and Magistrate Judge Alka Sagar. (esa) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
7

NOTICE TO PARTIES OF COURT-DIRECTED ADR PROGRAM filed. (esa) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
8

30 DAY Summons issued re Complaint 1 as to defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (esa) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
9

STANDING ORDER REGARDING NEWLY ASSIGNED CASES upon filing of the complaint by Judge Beverly Reid O'Connell. (rfi) (Entered: 04/19/2017)

April 19, 2017

April 19, 2017

PACER
10

ORDER ON APPLICATION OF NON-RESIDENT ATTORNEY TO APPEAR IN A SPECIFIC CASE PRO HAC VICE by Judge Beverly Reid O'Connell: granting 5 Non-Resident Attorney Amy Rose APPLICATION to Appear Pro Hac Vice on behalf of Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California, designating Brendan N Charney as local counsel. (jp) (Entered: 04/21/2017)

April 21, 2017

April 21, 2017

PACER
11

PROOF OF SERVICE filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California, re Summons Request 3, Complaint (Attorney Civil Case Opening), 1 Notice of Filing Proofs of Service of Summons and Complaint on U.S. Attorney for Central District of California served on April 13, 2017. (Burke, Thomas) (Entered: 04/25/2017)

April 25, 2017

April 25, 2017

RECAP
12

PROOF OF SERVICE filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California, re Summons Request 3, Complaint (Attorney Civil Case Opening), 1 Notice of Filing Proof of Service of Summons and Complaint served on April 13, 2017 and April 24, 2017. (Burke, Thomas) (Entered: 05/03/2017)

May 3, 2017

May 3, 2017

RECAP
13

NOTICE of Appearance filed by attorney Chetan A Patil on behalf of Defendants 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
14

NOTICE of Appearance filed by attorney Matthew Berns on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attorney Matthew Berns added to party U.S. Customs and Border Protection(pty:dft), Attorney Matthew 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
15

NOTICE of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 filed by Defendants 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)

May 8, 2017

May 8, 2017

PACER
16

EX PARTE APPLICATION to Extend Time to File Answer to 6/29/2017 re Complaint (Attorney Civil Case Opening), 1 filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order) (Patil, Chetan) (Entered: 05/10/2017)

May 10, 2017

May 10, 2017

PACER
17

ORDER by Judge Beverly Reid O'Connell: Upon consideration of Defendants' Unopposed Ex Parte Application, and for good cause showing, the Court ORDERS that Defendants' time to respond to the Complaint is extended to June 29, 2017. IT IS SO ORDERED. 16 (rfi) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
18

NOTICE OF MOTION AND MOTION to Stay Case pending decision by Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Motion set for hearing on 6/26/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (Attachments: # 1 Proposed Order) (Patil, Chetan) (Entered: 05/17/2017)

May 17, 2017

May 17, 2017

PACER
19

NOTICE of Filing Opposition to Defendants' Motion to Transfer to District of Columbia for Consolidation filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Attachments: # 1 Exhibit Memorandum of Plaintiffs, 42 American Civil Liberties Union Affiliates, In Opposition to Defendants' Motion for Transfer to District of Columbia for Consolidation)(Burke, Thomas) (Entered: 05/31/2017)

May 31, 2017

May 31, 2017

PACER
20

Opposition Opposition re: NOTICE OF MOTION AND MOTION to Stay Case pending decision by Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer 18 Opposition to Defendants' Motion to Stay Proceedings filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Burke, Thomas) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
21

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

June 6, 2017

June 6, 2017

PACER
22

NOTICE of Errata filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Notice of Errata Concerning Plaintiffs' Opposition to Motion to Stay Proceedings (Burke, Thomas) (Entered: 06/06/2017)

June 6, 2017

June 6, 2017

PACER
23

NOTICE of Decision: Order Denying Motion to Stay Proceeding filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Plaintiffs' Notice of Supplemental Authority (Burke, Thomas) (Entered: 06/07/2017)

June 7, 2017

June 7, 2017

PACER
24

REPLY in support of NOTICE OF MOTION AND MOTION to Stay Case pending decision by Judicial Panel on Multidistrict Litigation on Defendants' Motion to Transfer 18 filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Patil, Chetan) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

PACER
25

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

June 19, 2017

June 19, 2017

PACER
26

NOTICE of Decision: Order Denying Motion to Stay Proceedings filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Plaintiffs' Notice of Supplemental Authority (Burke, Thomas) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
27

MINUTES (IN CHAMBERS) by Judge Beverly Reid O'Connell: ORDER RE DEFENDANTS' MOTION TO STAY PROCEEDINGS PENDING DECISION ON MOTION TO TRANSFER 18 The Court GRANTS Defendants Motion. The Court hereby STAYS this Action for sixty (60) days. The parties shall submit a joint report to apprise the Court of this matters status upon either (1) the JPMLs ruling on the Transfer Motion, or (2) the expiration of the 60-day stay, whichever comes first. The hearingscheduled for June 26, 2017 is hereby VACATED.IT IS SO ORDERED. (rfi) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
28

ORDER DENYING TRANSFER from the Judicial Panel on Multidistrict Litigation, MDL 2786, IT IS THEREFORE ORDERED that the motion for centralization of these actions is denied. (jp) (Entered: 08/04/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
29

Notice of Appearance or Withdrawal of Counsel: for attorney Mohammad K Tajsar counsel for Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Adding Mohammad Tajsar as counsel of record for Plaintiffs American Civl Liberties Union of Southern California, et al. for the reason indicated in the G-123 Notice. Filed by Plaintiff American Civil Liberties Union of Southern California, et al.. (Attorney Mohammad K Tajsar added to party American Civil Liberties Union of Nevada(pty:pla), Attorney Mohammad K Tajsar added to party American Civil Liberties Union of Southern California(pty:pla))(Tajsar, Mohammad) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
30

Notice of Appearance or Withdrawal of Counsel: for attorney Mitra Ebadolahi counsel for Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Mitra Ebadolahi is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by plaintiff American Civil Liberties Union of Southern California; American Civil Union of Nevada. (Ebadolahi, Mitra) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
31

NOTICE Joint Report filed by defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
32

NOTICE by Judge Beverly Reid O'Connell re: Joint Report 31 The Court ORDERS that the Stay in this action is lifted. Defendant is ORDERED to respond to the Complaint no later than August 29, 2017. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rfi) TEXT ONLY ENTRY (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
33

NOTICE of Appearance filed by attorney Danielle Wolfson Young on behalf of Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attorney Danielle Wolfson Young added to party U.S. Customs and Border Protection(pty:dft), Attorney Danielle Wolfson Young added to party U.S. Department of Homeland Security(pty:dft))(Young, Danielle) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
34

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Berns counsel for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Matthew J. Berns is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Berns, Matthew) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
35

ANSWER to Complaint (Attorney Civil Case Opening), 1 .(Young, Danielle) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
36

ORDER SETTING SCHEDULING CONFERENCE by Judge Beverly Reid O'Connell. READ THIS ORDER CAREFULLY. IT DIFFERS IN SOME RESPECTS FROM THE LOCAL RULES. This case has been assigned to Judge Beverly Reid OConnell. This matter is set for a Scheduling Conference on 11/20/2017 at 01:30 PM before Judge Beverly Reid O'Connell. (jp) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
37

REQUEST for Leave of Danielle W. Young to Appear for Scheduling Conference by Telephone filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order) (Young, Danielle) (Entered: 09/11/2017)

Sept. 11, 2017

Sept. 11, 2017

PACER
38

ORDER GRANTING DEFENDANTS' COUNSEL'S REQUEST TO APPEAR TELEPHONICALLY by Judge Beverly Reid O'Connell: The Court ORDERS that the request is granted and Danielle W. Young shall be permitted to appear telephonically. 37 (rfi) (Entered: 09/14/2017)

Sept. 14, 2017

Sept. 14, 2017

PACER
39

ORDER OF THE CHIEF JUDGE (#17-110) approved by Chief Judge Virginia A. Phillips. Pursuant to the directive of the Chief U.S. District Judge and in accordance with the rules of this Court, the following cases are ordered transferred from the calendar of Judge Beverly Reid O'Connell to the calendar of Judge Robert H. Whaley for all further proceedings. Case now reads as 2:17-cv-02778 RHW(ASx). (rn) (Entered: 11/06/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER
40

TEXT ONLY ORDER (IN CHAMBERS) by Judge Robert H. Whaley. The Scheduling Conference, set for 11/20/2017, at 1:30 PM, is hereby CONTINUED to 12/1/2017, at 10:00 AM, before Judge Robert H. Whaley, in Courtroom 5B, U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Counsel shall appear on this new date and time. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER
41

TEXT ONLY ORDER (IN CHAMBERS) by Judge Robert H. Whaley: The Scheduling Conference, set for 12/1/2017, at 10:00 AM, is hereby MOVED in location from Courtroom 5B to Courtroom 6C, 6th Floor, U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Counsel shall appear in Courtroom 6C on 12/1/2017, at 10:00 AM. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
42

JOINT REPORT Rule 26(f) Discovery Plan ; estimated length of trial TBD, filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California.. (Burke, Thomas) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
43

NOTICE TO FILER OF DEFICIENCIES in Electronically Filed Documents RE: Joint Report Rule 26(f) Discovery Plan 42 . The following error(s) was/were found: Case number is incorrect or missing. Other error(s) with document(s): The new case number is now 2:17cv02778-RHW (ASx). Please make sure to include the new judge initials on all future documents. In response to this notice, the Court may: (1) order an amended or correct document to be filed; (2) order the document stricken; or (3) take other action as the Court deems appropriate. You need not take any action in response to this notice unless and until the Court directs you to do so. (shb) (Entered: 11/14/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
44

TEXT ONLY ORDER by Judge Robert H. Whaley. The Scheduling Conference set for 12/1/2017 at 10:00 AM, is hereby CONTINUED BY ONE HOUR to 12/1/2017, at 11:00 AM, before Judge Robert H. Whaley, in Courtroom 6C, 6th Floor, U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Counsel shall appear on this date and new time. IT IS SO ORDERED. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 11/17/2017)

Nov. 17, 2017

Nov. 17, 2017

PACER
45

REQUEST for Leave of Defendants' Counsel to Appear for Conference Telephonically U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order) (Young, Danielle) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
46

ORDER by Judge Robert H. Whaley: GRANTING 45 Motion for Leave of Danielle W. Young and Chetan A. Patil as Attorneys to Appear Telphonically for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security (shb) (Entered: 11/21/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
47

REQUEST for Order for Request for Relief from Lead Counsel Requirement filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Request set for hearing on 12/1/2017 at 11:00 AM before Judge Robert H. Whaley. (Attachments: # 1 Proposed Order) (Burke, Thomas) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
48

ORDER GRANTING PLAINTFFS' REQUEST FOR RELEF FROM LEAD COUNSEL REQUIREMENT 47 by Judge Robert H. Whaley. IT IS HEREBY ORDERED: 1. Plaintiffs' request for relief, ECF No. 47, is GRANTED. 2. Associate counsel Brendan N. Charney is permitted to appear on behalf of lead counsel Thomas R. Burke at the scheduling conference on December 1, 2017, at 11:00 a.m. (jre) (Entered: 11/29/2017)

Nov. 29, 2017

Nov. 29, 2017

PACER
49

MINUTES OF IN COURT AND TELEPHONIC Scheduling Conference held before Judge Robert H. Whaley. The COURT sets this matter on December 11, 2017 at 11:00 a.m. File any factual affidavits by next Wednesday. File replies by next Friday. The COURT gives counsel preliminary understanding. Court Reporter: Victoria Valine. (shb) (Entered: 12/01/2017)

Dec. 1, 2017

Dec. 1, 2017

PACER
50

TEXT ONLY ORDER (IN CHAMBERS) by Judge Robert H. Whaley: The hearing in this action set for 12/11/2017, at 11:00 am, shall take place in Courtroom 5B, 5th Floor, U.S. Courthouse, 350. W. 1st Street, Los Angeles, CA 90012. Counsel shall appear at this location for hearing. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 12/04/2017)

Dec. 4, 2017

Dec. 4, 2017

PACER
51

TEXT ONLY ORDER by Judge Robert H. Whaley. The continued Scheduling Conference and hearing re discovery, set for 12/11/2017, at 11:00 AM, shall now take place in Courtroom 6C, 6th Floor, U.S. Courthouse, 350 W. 1st Street, Los Angeles, CA 90012. Counsel shall appear at this new location. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (jre) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
52

NOTICE of DECLARATION FILING U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Declaration Exhibit 1 (Patrick Howard))(Young, Danielle) (Entered: 12/06/2017)

Dec. 6, 2017

Dec. 6, 2017

PACER
53

DECLARATION of Brendan Charney in Support of Plaintiffs' Request for a Production Order filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Charney, Brendan) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
54

Notice of Appearance or Withdrawal of Counsel: for attorney Matthew Skurnik counsel for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Adding Matthew Skurnik as counsel of record for Department of Homeland Security, Customs and Border Protection for the reason indicated in the G-123 Notice. Filed by Defendant Customs and Border Protection, Department of Homeland Security. (Attorney Matthew Skurnik added to party U.S. Customs and Border Protection(pty:dft), Attorney Matthew Skurnik added to party U.S. Department of Homeland Security(pty:dft))(Skurnik, Matthew) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
55

NOTICE of Errata re Exhibit C to the Declaration of Brendan Charney in Support of Plaintiffs' Request for a Production Order filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Charney, Brendan) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
56

REQUEST for Order for Joint Request to Seal filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. Request set for hearing on 12/11/2017 at 11:00 AM before Judge Robert H. Whaley. (Attachments: # 1 Proposed Order) (Charney, Brendan) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
57

MINUTES OF MOTION Hearing 56 held before Judge Robert H. Whaley: COURT addresses counsel and summarizes understanding of case. 1,400 documents. COURT will issue an Order. Court Reporter: Cindy Nirenberg. (shb) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
58

ORDER GRANTING JOINT REQUEST TO SEAL 56 by Judge Robert H. Whaley. See document for complete details. (jre) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
59

DISREGARD PER 60 SEE 61 - ORDER SETTING PRODUCTION SCHEDULE by Judge Robert H. Whaley. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. (jre) Modified on 12/13/2017 (jre). (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
60

NOTICE OF CLERICAL ERROR Re: Order at 59 . Document at 59 was not served upon the parties by CM/ECF. The clerk will refile the document to ensureproper service upon the parties. Docket entry 59 should be disregarded. (jre) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
61

ORDER SETTING PRODUCTION SCHEDULE by Judge Robert H. Whaley. SEE ORDER FOR FURTHER AND COMPLETE DETAILS. (jre) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
62

Notice of Appearance or Withdrawal of Counsel: for attorney Chetan A Patil counsel for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Chetan A. Patil is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Patil, Chetan) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
63

STATUS REPORT (JOINT) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
64

ORDER FOR CONTINUANCE by Judge Robert H. Whaley. The Court finds good reason to GRANT this request. In consideration of the statements presented in the stipulation and its own docket, the proceedings will be CONTINUED until May 11, 2018. The parties shall file an updated Joint Status Report on or before this date. (yl) (Entered: 03/19/2018)

March 16, 2018

March 16, 2018

PACER
65

STATUS REPORT Joint Status Report filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Burke, Thomas) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
66

ORDER FOR CONTINUANCE by Judge Robert H. Whaley. The Court finds good reason to GRANT this request. In consideration of the statements presented in the Joint Status Report and its own docket, the proceedings shall be CONTINUED until July 10, 2018. The parties shall file an updated Joint Status Report on or before this date. (shb) (Entered: 05/16/2018)

May 15, 2018

May 15, 2018

PACER
67

STATUS REPORT (JOINT) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 07/09/2018)

July 9, 2018

July 9, 2018

PACER
68

ORDER by Judge Robert H. Whaley. The Court finds good reason to GRANT this request. In consideration of the statements presented in the Joint Status Report and its own docket, the proceedings shall be CONTINUED until August 30, 2018. The parties shall file an updated Joint Status Report on or before this date. (shb) (Entered: 07/30/2018)

July 25, 2018

July 25, 2018

PACER
69

STATUS REPORT (JOINT) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
70

Notice of Appearance or Withdrawal of Counsel: for attorney Danielle Wolfson Young counsel for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Danielle Wolfson Young is no longer counsel of record for the aforementioned party in this case for the reason indicated in the G-123 Notice. Filed by Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Young, Danielle) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

PACER
71

ORDER by Judge Robert H. Whaley. The Court finds good reason to GRANT this request. In consideration of the statements presented in the Joint Status Report and its own docket, the proceedings shall be CONTINUED until October 29, 2018. The parties shall file an updated Joint Status Report on or before this date. (shb) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
72

STATUS REPORT (JOINT) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 10/29/2018)

Oct. 29, 2018

Oct. 29, 2018

PACER
73

ORDER GRANTING CONTINUANCE by Judge Robert H. Whaley. The Court finds good reason to GRANT this request. IT IS SO ORDERED: Parties joint request for a continuance, ECF No. 72, is GRANTED. The proceedings shall be CONTINUED until January 11, 2019. The parties shall file an updated Joint Status Report on or before this date. (shb) (Entered: 11/06/2018)

Nov. 5, 2018

Nov. 5, 2018

PACER
74

NOTICE of Change of address by Matthew Skurnik attorney for Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. Changing attorneys address to 1100 L Street, NW, Washington, DC 20005. Filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 12/06/2018)

Dec. 6, 2018

Dec. 6, 2018

PACER
75

MOTION WITHDRAWN PURSUANT TO NOTICE OF WITHDRAWAL E-FILED 1-28-19. EX PARTE APPLICATION to Stay Case pending Restoration of Appropriations filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order) (Skurnik, Matthew) Modified on 1/29/2019 (shb). (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
76

ORDER by Judge Robert H. Whaley, re EX PARTE APPLICATION to Stay Case pending Restoration of Appropriations 75 . IT IS HEREBY ORDERED: Plaintiffs shall file a response to Defendants Ex Parte Application for Stay in Light of Lapse of Appropriations, ECF No. 75, no later than January 29, 2019. (shb) (Entered: 01/22/2019)

Jan. 18, 2019

Jan. 18, 2019

PACER
77

Notice of Withdrawal of Motion to Stay Case 75 filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 01/28/2019)

Jan. 28, 2019

Jan. 28, 2019

PACER
78

STATUS REPORT (Joint) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
79

REPLY in Opposition EX PARTE APPLICATION to Stay Case pending Restoration of Appropriations 75 Plaintiffs' Response to Ex Parte Application for Stay filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Charney, Brendan) (Entered: 01/29/2019)

Jan. 29, 2019

Jan. 29, 2019

PACER
80

ORDER GRANTING CONTINUANCE by Judge Robert H. Whaley, 78 The Court finds good reason to GRANT this request. Accordingly, IT IS SO ORDERED: 1. Parties joint request for a continuance, ECF No. 78, is GRANTED. 2. The proceedings shall be CONTINUED until March 29, 2019. The parties shall file an updated Joint Status Report on or before this date. (yl) (Entered: 02/07/2019)

Feb. 6, 2019

Feb. 6, 2019

PACER
81

STATUS REPORT (Joint) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
82

ORDER by Judge Robert H. Whaley: IT IS SO ORDERED: 1. Parties joint request for a continuance, ECF No. 81, is GRANTED. 2. The proceedings shall be CONTINUED until May 28, 2019. The parties shall file an updated Joint Status Report on or before this date. (shb) (Entered: 04/02/2019)

April 2, 2019

April 2, 2019

PACER
83

STATUS REPORT (JOINT) filed by Defendants U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Skurnik, Matthew) (Entered: 05/28/2019)

May 28, 2019

May 28, 2019

PACER
84

STIPULATION to Dismiss Case pursuant to Settlement filed by Plaintiffs American Civil Liberties Union of Nevada, American Civil Liberties Union of Southern California. (Attachments: # 1 Proposed Order)(Burke, Thomas) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
85

ORDER by Judge Robert H. Whaley, re Status Report 83 . The proceedings shall be CONTINUED until July 29, 2019. The parties shall file an updated Joint Status Report on or before this date. (shb) (Entered: 06/20/2019)

June 19, 2019

June 19, 2019

PACER
86

Notice of Electronic Filing re Order, Set/Reset Deadlines 85 e-mailed to Amy M. Rose bounced due to invalid email address. The primary e-mail address associated with the attorney record has been deleted. Pursuant to Local Rules it is the attorneys obligation to maintain all personal contact information including e-mail address in the CM/ECF system. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER

Text Only Bounced Notice of Electronic Filing E-mail

June 24, 2019

June 24, 2019

PACER
87

ORDER DISMISSING CASE by Judge Robert H. Whaley, re Stipulation to Dismiss Case With Prejudice 84 . Case Terminated. Made JS-6. (shb) (Entered: 06/25/2019)

June 24, 2019

June 24, 2019

RECAP

Case Details

State / Territory: California

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Key Dates

Filing Date: April 12, 2017

Closing Date: June 19, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLUs of Southern California and Nevada

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU of Southern California

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

Defendant Type(s):

Jurisdiction-wide

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:

None yet

Source of Relief:

None yet

Issues

General:

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Border police

Refugees

Visas - criteria

Visas - procedures