Case: Sierra Club v. U.S. Department of Homeland Security

4:17-cv-05273 | U.S. District Court for the Northern District of California

Filed Date: Sept. 12, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On September 12, 2017, the Sierra Club sued the U.S. Department of Homeland Security (DHS) and its component, U.S. Customs and Border Protection (CBP), under the Freedom of Information Act (FOIA). The case was filed in the U.S. District Court for the Northern District of California.In its complaint, the plaintiff described itself as "the nation's oldest grassroots environmental organization, [which] . . . has long advocated to protect and preserve the cultures of the borderland communities, as …

On September 12, 2017, the Sierra Club sued the U.S. Department of Homeland Security (DHS) and its component, U.S. Customs and Border Protection (CBP), under the Freedom of Information Act (FOIA). The case was filed in the U.S. District Court for the Northern District of California.

In its complaint, the plaintiff described itself as "the nation's oldest grassroots environmental organization, [which] . . . has long advocated to protect and preserve the cultures of the borderland communities, as well as the region's land, wildlife, and environment." The plaintiff stated that it feared potential environmental damage that could result from President Trump's Executive Order (EO) No. 13767, authorizing expansion or replacement of portions of the U.S.-Mexico border wall.

The complaint alleged that the plaintiff had submitted several unfulfilled FOIA requests to defendant agencies, seeking information about the environmental impacts of border wall proposals. First, in 2013, the plaintiff had asked for records since 2010 about border wall construction in a wildlife refuge and flood plains in parts of Texas. Although DHS released a few highly-redacted documents and promised to follow with more information, as of 2017 DHS had not yet completed its search for responsive records and had made no further determination. Next, on March 17, 2017, the plaintiff requested records since 2006 relating to a government consultant's work on the border wall, but the plaintiff had received no further communication from DHS.

Finally, on May 4, 2017, the plaintiff requested records related to the EO, specifically:

1. All records related to the border wall referred to in the Presidential Administration's FY 2017 supplemental appropriations request;

2. All maps and related documents identifying all locations considered or planned for border fencing/tactical infrastructure described in the FY 2017 appropriations legislation;

3. All bids by vendors related to border wall proposals and submitted to DHS and/or CBP;

4. All communications related to border wall proposals between DHS and/or CBP;

5. All communications between DHS and CBP related to border wall proposals, including, but not limited to: funding, timetables, and vendor

selection;

6. All existing and/or proposed timetables for the execution and construction of border wall proposals;

7. All communications between DHS and/or CBP with the White House

that relate to border wall proposals;

8. All communication between DHS and/or CBP and any other federal agencies that relate to the border wall proposals.

DHS then responded to the plaintiff on August 29, 2017, asking it to narrow the scope of its request, and asserting that this request did not constitute a denial.

The complaint alleged that, in all three of the requests above, DHS violated FOIA by failing to issue a determination within the statutory 20-day deadline and by failing to conduct an adequate records search. Further, regarding the 2013 request, the plaintiff alleged that DHS had violated FOIA by wrongfully withholding non-exempt records. The plaintiff sought a disclosure order under FOIA and attorneys' fees.

This case was assigned to Magistrate Judge Kandis A. Westmore on September 12. A case management statement was filed on December 5, an ADR conference was held on December 7, and a case management conference on December 12. Plaintiff also filed an amended complaint on December 12.

The case was referred to Magistrate Judge Maria-Elena James for settlement, but the parties on March 26 agreed to a new production schedule. The defendants were set to produce 1000 pages monthly for six months, followed by 750 monthly until completion. On September 6, 2018, the case was referred to Magistrate Judge Thomas S. Hixson for settlement.

The parties engaged in settlement negotiations for several months. Then, on February 1, 2019, the plaintiff requested that the court set a case management schedule to establish a production schedule for documents that the defendants had yet to produce and a briefing schedule to address the defendants' withholdings or redactions. The plaintiff stated that the defendants had not produced any documents since November 18, and the documents that had been produced were heavily redacted.

On April 18, 2019, the parties filed a joint stipulation requesting that the scheduled settlement conference be continued until June. The parties explained that they had informally agreed to a new production schedule whereby the defendants would increase their production from the previously-agreed 750-1,000 pages per month to 1,200 pages per month. The defendants also agreed to re-evaluate certain redactions that they had claimed under FOIA exemptions and conduct new searches for documents responsive to the plaintiff's FOIA requests.

The parties requested an additional continuance in June 2019.

In October 2019 the parties requested a continuance until April 2020. In their update to the court, the parties stated that the defendants had completed productions for the 2013 and 2017 FOIA requests and had begun productions on the 2016 request. The plaintiff again stated that it believed the productions had been heavily redacted and that the parties continued to disagree about the scope and nature of the redactions; however, the parties wished to continue working together informally toward a resolution.

The documents released by the government are available here.

This case is ongoing.

Summary Authors

Ava Morgenstern (4/7/2018)

Virginia Weeks (9/21/2018)

Sam Kulhanek (4/19/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6153543/parties/sierra-club-v-us-department-of-homeland-security/


Judge(s)

James, Maria-Elena (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Darby, Marta (California)

Issod, Andrea S. (California)

Smith, Joshua Douglas (California)

Attorneys(s) for Defendant

Davis, Julie Bibb (California)

Pereda, David Alejandro (California)

Reding, Ann Marie (California)

Judge(s)

James, Maria-Elena (California)

Westmore, Kandis Arianne (California)

Attorneys(s) for Plaintiff

Darby, Marta (California)

Issod, Andrea S. (California)

Smith, Joshua Douglas (California)

Attorneys(s) for Defendant

Davis, Julie Bibb (California)

Pereda, David Alejandro (California)

Reding, Ann Marie (California)

Documents in the Clearinghouse

Document

4:17-cv-05273

Docket [PACER]

April 22, 2020

April 22, 2020

Docket
1

4:17-cv-05273

Complaint for Declaratory and Injunctive Relief

2017 WL 4037557

Sept. 12, 2017

Sept. 12, 2017

Complaint
22

4:17-cv-05273

First Amended Complaint for Declaratory and Injunctive Rlief

Dec. 12, 2017

Dec. 12, 2017

Complaint

4:17-cv-05273

FOIA Release

Sierra Club v. Department of Homeland Security

No Court

None

None

Other

Resources

Title Description External URL Date / External URL

Border Wall

Sierra Club

Links to FOIA release Nov. 14, 2017

Nov. 14, 2017

https://www.sierraclub.org/...

The Documents Behind Trump’s Texas Border Wall Plans

Melissa del Bosque

Last week the Observer revealed U.S. Army Corps of Engineers documents that show where the Trump administration plans to build 33 miles of border wall in South Texas. Churches, cemeteries, hundreds o… Nov. 14, 2017

Nov. 14, 2017

https://www.texasobserver.org/...

Records Show Where Trump Plans to Build Texas Border Wall

Melissa del Bosque

Documents obtained by the Observer offer new insights into the Trump administration’s plans for a border wall in portions of the Rio Grande Valley. A map produced in May by the U.S. Army Corps of Eng… Nov. 10, 2017

Nov. 10, 2017

https://www.texasobserver.org/...

Sierra Club Challenges Trump Administration to Obtain Border Wall Information

Sierra Club

OAKLAND,CA-- Today, the Sierra Club filed a Freedom of Information Act (FOIA) challenge against the U.S. Department of Homeland Security and U.S. Customs and Border Protection for failing to release … Oct. 13, 2017

Oct. 13, 2017

https://sierraclub.org/...

Re: Implementing the President's Border Security and Immigration Enforcement Improvements Policies (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13768: Enhancing Public Safety in the Interior of the United States

President Donald Trump

Jan. 25, 2017

Jan. 25, 2017

https://www.gpo.gov/...

Re: Enforcement of the Immigration Laws to Serve the National Interest (Final, 2/20/2017)

DHS Secretary John Kelly

Feb. 20, 2017

Feb. 20, 2017

https://www.dhs.gov/...

Executive Order 13767: Border Security and Immigration Enforcement Improvements

President Donald Trump

Jan. 27, 2017

Jan. 27, 2017

None

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6153543/sierra-club-v-us-department-of-homeland-security/

Last updated Aug. 7, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against U.S. Customs and Border Protection, U.S. Department of Homeland Security ( Filing fee $ 400, receipt number 0971-11708843.). Filed bySierra Club. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Civil Cover Sheet)(Darby, Marta) (Filed on 9/12/2017) (Entered: 09/12/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Civil Cover Sheet

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Sept. 12, 2017

Sept. 12, 2017

RECAP
2

Proposed Summons. (Darby, Marta) (Filed on 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
3

Case assigned to Magistrate Judge Kandis A. Westmore. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 9/26/2017. (cv, COURT STAFF) (Filed on 9/12/2017) (Entered: 09/12/2017)

Sept. 12, 2017

Sept. 12, 2017

PACER
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 12/5/2017. Initial Case Management Conference set for 12/12/2017 01:30 PM in Courtroom 4, 3rd Floor, Oakland. (jmlS, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER

Electronic filing error. Only one Summons will be issued in each case. Please list all defendants on one summons, using additional pages if necessary, and re-file in its entirety. Re: 2 Proposed Summons filed by Sierra Club (jmlS, COURT STAFF) (Filed on 9/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
5

Proposed Summons. (Darby, Marta) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
6

Summons Issued as to U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 9/13/2017) (Entered: 09/13/2017)

Sept. 13, 2017

Sept. 13, 2017

PACER
7

CERTIFICATE OF SERVICE by Sierra Club (Darby, Marta) (Filed on 9/15/2017) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

RECAP
8

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Sierra Club.. (Darby, Marta) (Filed on 9/20/2017) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
9

ANSWER to Complaint byU.S. Department of Homeland Security. (Pereda, David) (Filed on 10/18/2017) (Entered: 10/18/2017)

Oct. 18, 2017

Oct. 18, 2017

PACER
10

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Homeland Security.. (Pereda, David) (Filed on 10/19/2017) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
11

Amended ANSWER to Complaint byU.S. Department of Homeland Security. (Pereda, David) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
12

NOTICE of Appearance by Andrea S Issod (Issod, Andrea) (Filed on 11/1/2017) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
13

SUMMONS Returned Executed (FOIA) by Sierra Club. All Defendants. (Darby, Marta) (Filed on 11/9/2017) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
14

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Pereda, David) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
15

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Darby, Marta) (Filed on 11/20/2017) (Entered: 11/20/2017)

Nov. 20, 2017

Nov. 20, 2017

PACER
16

ADR Clerk's Notice Setting ADR Phone Conference on Thursday, December 7, 2017, at 2:00 PM Pacific time. Please note that you must be logged into an ECF account of counsel of record in order to view this document. (af, COURT STAFF) (Filed on 11/21/2017) (Entered: 11/21/2017)

Nov. 21, 2017

Nov. 21, 2017

PACER
17

STIPULATION WITH PROPOSED ORDER filed by Sierra Club. (Attachments: # 1 Attachment A)(Darby, Marta) (Filed on 12/4/2017) (Entered: 12/04/2017)

1 Attachment A

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Dec. 4, 2017

Dec. 4, 2017

PACER
18

STIPULATION AND ORDER FOR LEAVE TO FILE FIRST AMENDED COMPLAINT re 17 . STIPULATION WITH PROPOSED ORDER filed by Sierra Club. Signed by Magistrate Judge Kandis A. Westmore on 12/5/17. (sisS, COURT STAFF) (Filed on 12/5/2017) (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

RECAP
19

JOINT CASE MANAGEMENT STATEMENT filed by U.S. Department of Homeland Security, U.S. Customs and Border Patrol and Sierra Club. (Pereda, David) (Filed on 12/5/2017) Modified on 12/6/2017 (jmlS, COURT STAFF). (Entered: 12/05/2017)

Dec. 5, 2017

Dec. 5, 2017

PACER
20

ADR Remark: ADR Phone Conference held on 12/7/2017 by Tamara Lange. (af, COURT STAFF) (Filed on 12/7/2017) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 12/07/2017)

Dec. 7, 2017

Dec. 7, 2017

PACER
21

CLERK'S NOTICE - Case Management Conference will be held in Courtroom 5 on the 2nd floor.(This is a text only docket entry, there is no document associated with this notice.) (sisS, COURT STAFF) (Filed on 12/8/2017) (Entered: 12/08/2017)

Dec. 8, 2017

Dec. 8, 2017

PACER
22

AMENDED COMPLAINT FOR DECLARTORY AND INJUNCTIVE RELIEF against All Defendants. Filed bySierra Club. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H)(Darby, Marta) (Filed on 12/12/2017) (Entered: 12/12/2017)

1 Exhibit Exhibit A

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2 Exhibit Exhibit B

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3 Exhibit Exhibit C

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4 Exhibit Exhibit D

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5 Exhibit Exhibit E

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6 Exhibit Exhibit F

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7 Exhibit Exhibit G

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8 Exhibit Exhibit H

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Dec. 12, 2017

Dec. 12, 2017

PACER
23

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 12/12/2017. Matter referred to magistrate judge for settlement. Case Management Statement due by 4/17/2018. Further Case Management Conference set for 4/24/2018 01:30 PM in Courtroom 4, 3rd Floor, Oakland.FTR Time: 1:49-1:58. (sisS, COURT STAFF) (Date Filed: 12/12/2017) (Entered: 12/13/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER

CASE REFERRED to Magistrate Judge Maria-Elena James for Settlement (ahm, COURT STAFF) (Filed on 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
24

Order Setting Settlement Conference before Magistrate Judge: Settlement Conference set for 4/3/2018 at 10:00 a.m. Signed by Magistrate Judge Maria-Elena James on 12/15/2017. (rmm2S, COURT STAFF) (Filed on 12/15/2017) (Entered: 12/15/2017)

Dec. 15, 2017

Dec. 15, 2017

PACER
25

ANSWER to Amended Complaint byU.S. Department of Homeland Security. (Pereda, David) (Filed on 1/11/2018) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

PACER
26

NOTICE of Substitution of Counsel by Ann Marie Reding (Reding, Ann) (Filed on 1/23/2018) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

PACER
27

STIPULATION WITH PROPOSED ORDER re 23 Case Management Conference - Initial,, Set Deadlines/Hearings, 24 Order Setting Settlement Conference filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security and Sierra Club. (Reding, Ann) (Filed on 3/27/2018) Modified on 3/28/2018 (jmlS, COURT STAFF). (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
28

STIPULATION AND ORDER re 27 . STIPULATION WITH PROPOSED ORDER re 23 Case Management Conference - Initial, Set Deadlines/Hearings, 24 Order Setting Settlement Conference filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Settlement conference is vacated. Case Management Statement due by 7/10/2018. Further Case Management Conference set for 7/17/2018 01:30 PM. Signed by Magistrate Judge Kandis A. Westmore on 3/29/18. (sisS, COURT STAFF) (Filed on 3/29/2018) (Entered: 03/29/2018)

March 29, 2018

March 29, 2018

RECAP
29

NOTICE of Substitution of Counsel by Julie Bibb Davis (Davis, Julie) (Filed on 6/28/2018) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
30

JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Darby, Marta) (Filed on 7/10/2018) Modified on 7/10/2018 (jmlS, COURT STAFF). (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
31

STIPULATION WITH PROPOSED ORDER re 28 Stipulation and Order,,, Set Deadlines/Hearings,,, Terminate Hearings,, filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Darby, Marta) (Filed on 7/10/2018) Modified on 7/10/2018 (jmlS, COURT STAFF). (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
32

STIPULATION AND ORDER re 31 . STIPULATION WITH PROPOSED ORDER re 28 Stipulation and Order. Set Deadlines/Hearings, Terminate Hearings. filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Case Management Statement due by 8/14/2018. Further Case Management Conference set for 8/21/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 7/16/18. (sisS, COURT STAFF) (Filed on 7/16/2018) (Entered: 07/16/2018)

July 16, 2018

July 16, 2018

RECAP
33

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-12574919.) filed by Sierra Club. (Attachments: # 1 Joshua Smith - Certificate of Good Standing Oregon State Bar)(Smith, Joshua) (Filed on 8/7/2018) (Entered: 08/07/2018)

1 Joshua Smith - Certificate of Good Standing Oregon State Bar

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Aug. 7, 2018

Aug. 7, 2018

PACER
34

ORDER by Magistrate Judge Kandis A. Westmore granting 33 Motion for Pro Hac Vice for Joshua Smith. (sisS, COURT STAFF) (Filed on 8/8/2018) (Entered: 08/08/2018)

Aug. 8, 2018

Aug. 8, 2018

PACER
35

STIPULATION WITH PROPOSED ORDER re 32 Stipulation and Order,,, Set Deadlines/Hearings,, filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Patrol. (Darby, Marta) (Filed on 8/13/2018) Modified on 8/14/2018 (jmlS, COURT STAFF). (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
36

STIPULATION AND ORDER re 35 . STIPULATION WITH PROPOSED ORDER re 32 Stipulation and Order, Set Deadlines/Hearings filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Case Management Statement due by 10/9/2018. Further Case Management Conference set for 10/16/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 8/14/18. (sisS, COURT STAFF) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

RECAP
37

CASE REFERRED to Magistrate Judge Thomas S. Hixson for Settlement. (tnS, COURT STAFF) (Filed on 9/6/2018) (Entered: 09/06/2018)

Sept. 6, 2018

Sept. 6, 2018

PACER
38

JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Darby, Marta) (Filed on 10/9/2018) Modified on 10/10/2018 (jmlS, COURT STAFF). (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
39

PDF with attached Audio File. Court Date & Time [ 10/16/2018 1:47:28 PM ]. File Size [ 6064 KB ]. Run Time [ 00:12:38 ]. (courtspeak). (Entered: 10/16/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
40

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 10/16/2018. Case Management Statement due by 1/22/2019. Further Case Management Conference set for 1/29/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor.FTR Time: 1:47-2:00. (sisS, COURT STAFF) (Date Filed: 10/16/2018) (Entered: 10/17/2018)

Oct. 16, 2018

Oct. 16, 2018

PACER
41

CLERK'S NOTICE Scheduling a Pre-Telephonic Settlement Conference call:This case has been referred for a Settlement Conference before Magistrate Judge Thomas S. Hixson. A Telephonic conference is scheduled for Tuesday, October 30, 2018 at 2:30 p.m., before Magistrate Judge Thomas S. Hixson. Counsel shall be prepared to discuss the current status of this case, as well as schedule a Settlement Conference date. Counsel shall call into the following phone number: 1-888-684-8852/Passcode: 2925506If any questions please contact the Courtroom Deputy, Rose Maher, by phone: 415-522-4708 or by email: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 10/23/2018) (Entered: 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER

Set/Reset Hearing re 41 Clerk's Notice: Telephone Conference set for 10/30/2018 02:30 PM before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 10/23/2018)

Oct. 23, 2018

Oct. 23, 2018

PACER
42

Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Pre-Telephonic Settlement Conference call held on 10/30/2018.FTR Time: Not Reported Total Time: 16 minutesPlaintiff's Attorney: Marta Darby, Esq., appearing by telephone. Defendant's Attorney: Julie Bibb Davis, AUSA, appearing by telephone Proceedings: Pre-Telephonic Settlement Conference called held. Final telephonic call scheduled for 12/4/2018 at 1:30 p.m. Counsel shall call the following phone number: 1-888-684-8852/Passcode: 2925506. Settlement Conference scheduled for 1/11/2019 at 10:00 a.m., in Courtroom A, 15th Floor, before Magistrate Judge Thomas S. Hixson. Settlement Conference Statements shall be lodged, with Chambers, seven (7) days prior to the Settlement Conference. Court shall issue a Settlement Conference Order shortly. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 10/30/2018) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER

Set/Reset Hearing re 42 Telephone Conference: Pre-Telephone Settlement Conference call set for: 12/4/2018 at 1:30 p.m., in San Francisco, Courtroom A, 15th Floor before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 10/30/2018) Modified on 10/30/2018 (rmm2S, COURT STAFF).

Oct. 30, 2018

Oct. 30, 2018

PACER

Set/Reset Hearing re 42 Telephone Conference: Final Pre-Telephone Settlement Conference call set for 12/4/2018 01:30 PM before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
43

Order Setting Settlement Conference before Magistrate Judge : Settlement Conference set for 1/11/2019 10:00 AM in San Francisco, Courtroom A, 15th Floor. Signed by Judge Magistrate Judge Thomas S. Hixson on 10/30/2018. (Attachments: # 1 Standing Order)(rmm2S, COURT STAFF) (Filed on 10/30/2018) (Entered: 10/30/2018)

1 Standing Order

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Oct. 30, 2018

Oct. 30, 2018

PACER
44

Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Final Pre-Telephone Settlement Conference call held on 12/4/2018.FTR Time: Not ReportedTotal Time: 24 minutes Plaintiff Attorney: Marta R. Darby, Esq. Defendant Attorney: Julie Bibb Davis, AUSA. Proceedings: Pre-Settlement Telephone Conference Call held. Plaintiff's Counsel shall send its Proposal and Settlement Demand to Defendant's Counsel by 12/11/2018. Defendant's Counsel shall respond to Plaintiff's Proposal and Settlement Demand by 12/18/2018. Defendant shall also send its Proposed Schedule for all productions and its Settlement Demand to Plaintiff's Counsel by 12/18/2018. Both sides, in their Settlement Conference Statements shall set out a concrete plan for resolving the case, which would also include all the redactions. All documents shall be copied and sent by email to the Courtroom Deputy, Rose Maher, at the following email address: Rose_Maher@cand.uscourts.gov (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 12/4/2018) (Entered: 12/04/2018)

Dec. 4, 2018

Dec. 4, 2018

PACER
45

ADMINISTRATIVE MOTION TO CONTINUE DUE TO PARTIAL GOVERNMENT SHUTDOWN filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/3/2019. (Attachments: # 1 Declaration)(Davis, Julie) (Filed on 12/30/2018) (Entered: 12/30/2018)

1 Declaration

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Dec. 30, 2018

Dec. 30, 2018

PACER
46

OPPOSITION/RESPONSE (re 45 ADMINISTRATIVE MOTION TO CONTINUE DUE TO PARTIAL GOVERNMENT SHUTDOWN ) filed bySierra Club. (Attachments: # 1 Proposed Order)(Darby, Marta) (Filed on 12/31/2018) (Entered: 12/31/2018)

1 Proposed Order

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Dec. 31, 2018

Dec. 31, 2018

PACER

Electronic filing error. Please file proposed order in accordance with L.R. 5-1(g) Re: 45 ADMINISTRATIVE MOTION TO CONTINUE DUE TO PARTIAL GOVERNMENT SHUTDOWN filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection (dtmS, COURT STAFF) (Filed on 1/2/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
47

Proposed Order re 45 ADMINISTRATIVE MOTION TO CONTINUE DUE TO PARTIAL GOVERNMENT SHUTDOWN by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Davis, Julie) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
48

Proposed Order re 45 ADMINISTRATIVE MOTION TO CONTINUE DUE TO PARTIAL GOVERNMENT SHUTDOWN by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Davis, Julie) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
49

ORDER by Magistrate Judge Thomas S. Hixson granting 45 Administrative Motion Continue Settlement Conference. (rmm2S, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
50

ORDER granting 45 Administrative Motion to Continue Case Management Conference. Signed by Judge Kandis A. Westmore on 1/3/19. (dtmS, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/04/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
51

STATUS REPORT by U.S. Customs and Border Protection. (Davis, Julie) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
52

STATUS REPORT AND REQUEST TO SET A CASE MANAGEMENT CONFERENCE by Sierra Club. (Darby, Marta) (Filed on 2/1/2019) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

PACER
53

CLERK'S NOTICE SETTING FURTHER CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 2/19/2019. Further Case Management Conference set for 2/26/2018 at 01:30 PM before Magistrate Judge Kandis A. Westmore. (This is a text-only entry generated by the court. There is no document associated with this entry.) (kcS, COURT STAFF) (Filed on 2/4/2019) (Entered: 02/04/2019)

Feb. 4, 2019

Feb. 4, 2019

PACER
54

JOINT CASE MANAGEMENT STATEMENT filed by Sierra Club, U.S. DHS and U.S. CBP. (Darby, Marta) (Filed on 2/19/2019) Modified on 2/20/2019 (jmlS, COURT STAFF). (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER

Set/Reset Hearing (Correcting year from 2018 to 2019). Further Case Management Conference set for 2/26/2019 01:30 PM. (ivaS, COURTSTAFF) (Filed on 2/20/2019)

Feb. 20, 2019

Feb. 20, 2019

PACER
55

NOTICE of Change In Counsel by Marta R. Darby (Darby, Marta) (Filed on 2/21/2019) (Entered: 02/21/2019)

Feb. 21, 2019

Feb. 21, 2019

PACER
56

MOTION to Appear by Telephone filed by Sierra Club. (Attachments: # 1 Declaration, # 2 Proposed Order)(Smith, Joshua) (Filed on 2/21/2019) (Entered: 02/21/2019)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

Feb. 21, 2019

Feb. 21, 2019

PACER
57

Notice of Withdrawal of Motion To Appear by Telephone (Smith, Joshua) (Filed on 2/25/2019) (Entered: 02/25/2019)

Feb. 25, 2019

Feb. 25, 2019

PACER
58

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 2/26/2019. Joint Case Management Statement due by 6/18/2019. Further Case Management Conference set for 6/25/2019 01:30 PM.FTR Time: 1:59 -2:29. (ivaS, COURTSTAFF) (Date Filed: 2/26/2019) (Entered: 02/27/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER
59

CLERK'S NOTICE: Telephone Conference re Scheduling Further Settlement Conference: A Telephone Conference re scheduling a Further Settlement Conference is scheduled for 03/07/2019 at 3:00 p.m., before Magistrate Judge Thomas S. Hixson. Counsel shall be prepared to speak about the status of this case and to schedule a Further Settlement Conference date.Counsel shall call the following conference call number: 1-888-684-8852/Access Code: 2925506If counsel have any questions please contact the Courtroom Deputy, Rose Maher, at 415-522-4708 or email: Rose_Maher@cand.uscourts.gov . (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Filed on 2/27/2019) (Entered: 02/27/2019)

Feb. 27, 2019

Feb. 27, 2019

PACER
60

Minute Entry for proceedings held before Magistrate Judge Thomas S. Hixson: Pre-Settlement Conference Telephone Call held on 3/7/2019.FTR Time: Not ReportedTotal Time: 26 minutes Plaintiff Attorney: Joshua D. Smith, Esq. Defendant Attorney: Jule B. Davis, AUSA. Proceedings: Pre-Settlement Conference Telephone Call held. Proposed Settlement Conference Dates: 4/24/2019 at 10:00 a.m., or 4/30/2019 at 11:00 a.m. Counsel shall check with their clients and alert the Courtroom Deputy, Rose Maher, of the date they are available.Courtroom Deputy Contact Information: Email: Rose_Maher@cand.uscourts.gov or Phone: 415-522-4708 (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmm2S, COURT STAFF) (Date Filed: 3/7/2019) (Entered: 03/07/2019)

March 7, 2019

March 7, 2019

PACER

Telephone Conference

March 8, 2019

March 8, 2019

PACER
61

Order Setting Settlement Conference before Magistrate Judge:Settlement Conference set for 4/24/2019 at 10:00 am, in San Francisco, Courtroom A, 15th Floor.. Signed by Judge Thomas S. Hixson on 3/20/2019. (Attachments: # 1 Standing Order re Settlement Conference)(rmm2S, COURT STAFF) (Filed on 3/20/2019) (Entered: 03/20/2019)

1 Standing Order re Settlement Conference

View on PACER

March 20, 2019

March 20, 2019

PACER
62

STIPULATION WITH PROPOSED ORDER filed by Sierra Club, U.S. Department of Homeland Security and U.S. Custom and Border Protection. (Smith, Joshua) (Filed on 4/18/2019) Modified on 4/19/2019 (jmlS, COURT STAFF). (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
63

ORDER by Magistrate Judge Thomas S. Hixson granting 62 Stipulation Continuing Settlement Conference. Settlement Conference CONTINUED to 6/19/2019 at 10:00 AM in San Francisco, Courtroom A, 15th Floor, before Magistrate Judge Thomas S. Hixson. (rmm2S, COURT STAFF) (Filed on 4/18/2019) (Entered: 04/18/2019)

April 18, 2019

April 18, 2019

PACER
64

JOINT STATUS REPORT AND REQUEST FOR CONTINUANCE AND PROPOSED ORDER by U.S. Customs and Border Protection, U.S. Department of Homeland Security., Sierra Club (Davis, Julie) (Filed on 6/5/2019) Modified on 6/6/2019 (jlmS, COURT STAFF). (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
65

ORDER re 64 Status Report filed by U.S. Department of Homeland Security, U.S. Customs and Border Protection, Sierra Club. Signed by Magistrate Judge Thomas S. Hixson on 6/11/2019. (rmm2S, COURT STAFF) (Filed on 6/11/2019) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
66

STIPULATION WITH PROPOSED ORDER CONTINUING CASE MANAGEMENT CONFERENCE filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection . (Issod, Andrea) (Filed on 6/18/2019) Modified on 6/18/2019 (jmlS, COURT STAFF). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
67

Order by Magistrate Judge Kandis A. Westmore granting as modified 66 Stipulation Continuing Case Management Conference. Joint Case Management Statement due by 10/22/2019. Further Case Management Conference set for 10/29/2019 01:30 PM.(dtmS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
68

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club, U.S. Department of Homeland Security, and U.S. Customs and Border Protection. (Issod, Andrea) (Filed on 10/22/2019) Modified on 10/23/2019 (jjbS, COURT STAFF). (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
69

Order by Magistrate Judge Kandis A. Westmore granting 68 Stipulation Continuing Case Management Conference. Case Management Statement due by 4/21/2020. Initial Case Management Conference set for 4/28/2020 01:30 PM.(dtmS, COURT STAFF) (Filed on 10/22/2019) (Entered: 10/23/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
70

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club, U.S. Department of Homeland Security, and U.S. Customs and Border Protection. (Issod, Andrea) (Filed on 4/21/2020) Modified on 4/22/2020 (jjbS, COURT STAFF). (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
71

Order by Magistrate Judge Kandis A. Westmore granting 70 Stipulation Continuing Case Management Conference. Case Management Statement due by 10/20/2020. Initial Case Management Conference set for 10/27/2020 01:30 PM.(dtmS, COURT STAFF) (Filed on 4/22/2020) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

PACER
72

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club. (Issod, Andrea) (Filed on 10/20/2020) Modified on 10/21/2020 (bnsS, COURT STAFF). (Entered: 10/20/2020)

Oct. 20, 2020

Oct. 20, 2020

PACER

Electronic filing error. Incorrect event used. [err101]. Correct Event is "Motion." Event can be found under Civil Events > Motions- General. Please re-file in i ts entirety. Stipulations must have both parties signatures. Re: 72 STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club (bnsS, COURT STAFF) (Filed on 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER
73

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club, U.S. Department of Homeland Security and U.S. Customs and Border Protection. (Issod, Andrea) (Filed on 10/21/2020) Modified on 10/22/2020 (anjS, COURT STAFF). (Entered: 10/21/2020)

Oct. 21, 2020

Oct. 21, 2020

PACER

Electronic Filing Error

Oct. 21, 2020

Oct. 21, 2020

PACER
74

Order by Magistrate Judge Kandis A. Westmore granting 73 Stipulation Continuing Case Management Conference. Case Management Statement due by 3/16/2021. Further Case Management Conference set for 3/23/2021 01:30 PM.(dtmS, COURT STAFF) (Filed on 10/22/2020) (Entered: 10/22/2020)

Oct. 22, 2020

Oct. 22, 2020

PACER
75

STIPULATION WITH PROPOSED ORDER filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security, Sierra Club. (Davis, Julie) (Filed on 3/16/2021) Modified on 3/17/2021 (bnsS, COURT STAFF). (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

PACER
76

Order by Magistrate Judge Kandis A. Westmore granting 75 Stipulation Continuing Case Management Conference. Case Management Statement due by 10/12/2021. Further Case Management Conference set for 10/19/2021 01:30 PM.(dtmS, COURT STAFF) (Filed on 3/18/2021) (Entered: 03/18/2021)

March 18, 2021

March 18, 2021

PACER
77

CLERK'S NOTICE CONTINUING FURTHER CASE MANAGEMENT CONFERENCE. Joint Case Management Statement due by 11/16/2021. Further Case Management Conference set for 11/23/2021 11:00 AM in Oakland, - Videoconference Only. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/kaw General Or der 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Joint Case Management Statement due by 11/16/2021. Further Case Management Conference set for 11/23/2021 11:00 AM in Oakland, - Videoconference Only. (This is a text-only entry generated by the court. There is no document associated with this entry.),. (wft, COURT STAFF) (Filed on 10/15/2021) (Entered: 10/15/2021)

Oct. 15, 2021

Oct. 15, 2021

PACER

~Util - Teleconference Zoom AND Clerk's Notice

Oct. 15, 2021

Oct. 15, 2021

PACER
78

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club. (Issod, Andrea) (Filed on 11/22/2021) (Entered: 11/22/2021)

Nov. 22, 2021

Nov. 22, 2021

PACER
79

ORDER by Magistrate Judge Kandis A. Westmore Granting 78 STIPULATION CONTINUING CASE MANAGEMENT CONFERENCE.Joint Case Management Statement due by 2/15/2022. Further Case Management Conference set for 2/22/2022 01:30 PM in Oakland, - Videoconference Only.(amg, COURT STAFF) (Filed on 11/23/2021) (Entered: 11/23/2021)

Nov. 23, 2021

Nov. 23, 2021

PACER
80

STIPULATION WITH PROPOSED ORDER Continuing Case Management Conference filed by Sierra Club. (Issod, Andrea) (Filed on 2/15/2022) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
81

NOTICE of Substitution of Counsel by Pamela T. Johann (Johann, Pamela) (Filed on 2/15/2022) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
82

Order by Magistrate Judge Kandis A. Westmore granting 80 Stipulation. Further Case Management Conference set for 8/23/2022 01:30 PM in Oakland, - To be determined. The parties shall file a joint case management conference statement on or before February 15, 2022. (wft, COURT STAFF) (Filed on 2/16/2022) (Entered: 02/16/2022)

Feb. 16, 2022

Feb. 16, 2022

PACER
83

Stipulation and Proposed Order

March 1, 2022

March 1, 2022

PACER
84

Order on Stipulation

March 1, 2022

March 1, 2022

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Immigration Enforcement Order Challenges

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 12, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Environmental organization challenging construction of border wall.

Plaintiff Type(s):

Non-profit NON-religious organization

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)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Record-keeping

Records Disclosure

Immigration/Border:

Border wall