Case: Center for Investigative Reporting v. U.S. Department of Homeland Security

4:18-cv-00044 | U.S. District Court for the Northern District of California

Filed Date: Jan. 3, 2018

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On Jan. 3, 2018, the Center for Investigative Reporting (CIR) brought this suit in the U.S. District Court for the Northern District of California. Represented by its own counsel, plaintiff sued the U.S. Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA). The plaintiff was a national nonprofit investigative news organization. It sought information on the United States' land acquisition and expenses at the southern border for construction of a wall. According to pl…

On Jan. 3, 2018, the Center for Investigative Reporting (CIR) brought this suit in the U.S. District Court for the Northern District of California. Represented by its own counsel, plaintiff sued the U.S. Department of Homeland Security (DHS) under the Freedom of Information Act (FOIA).

The plaintiff was a national nonprofit investigative news organization. It sought information on the United States' land acquisition and expenses at the southern border for construction of a wall. According to plaintiff, the federal government had, over more than a decade, acquired land at the southern border through eminent domain cases and purchases. In particular, the Trump administration's Jan. 25, 2017 Executive Order 13767 demanded new construction of a wall along parts of the border. The plaintiff maintained that the federal government's funding of the border wall was a matter of national concern, and sought to produce news reports on the topic.

The complaint alleged that on Mar. 21, 2017, the plaintiff had submitted a FOIA request to defendant's component agency Customs and Border Protection (CBP), seeking documents on land acquisition and real estate costs at the southern U.S. border, specifically the following items related to border wall construction:

1. The amount the defendant had paid to private landowners in non-condemnation real estate transactions to acquire private property;

2. The amount defendant had paid to the Department of the Interior in environmental mitigation fees and costs;

3. The amount defendant had paid to the Department of Justice (DOJ) in litigation fees and costs related to border wall condemnation suits;

4. The amount defendant had paid to property owners for land condemned and taken through eminent domain;

5. The number of pending condemnation suits;

6. The location of all acquisitions;

7. The total amount of real estate costs.

The complaint further alleged that, to date, the plaintiff had not received a substantive response from defendants. Plaintiff sought a disclosure order under FOIA, legal fees, and expedited action.

On Jan. 3, 2018, the case was assigned to Magistrate Judge Kandis A. Westmore. A joint case management statement filed in June indicated that the government was in the process of producing responsive records. An August status report indicated the same.

On Mar. 29, 2019, the DHS filed a stipulation with a proposed order of settlement and dismissal. The settlement indicated that the FOIA request had been completed to the satisfaction of both parties and $5,000 in attorneys' fees would be paid to the plaintiff. Judge Westmore granted the stipulation of settlement, dismissing the case with prejudice on Apr. 1, 2019. The case is now closed.

Summary Authors

Ava Morgenstern (4/21/2018)

Virginia Weeks (8/26/2018)

Carter Powers Beggs (12/2/2019)

Related Cases

Community Legal Services in East Palo Alto v. U.S. Department of Homeland Security, Northern District of California (2018)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6357249/parties/the-center-for-investigative-reporting-cir-v-department-of-homeland/


Attorneys(s) for Plaintiff

Baranetsky, Diana Victoria (New York)

Attorneys(s) for Defendant

Iyengar, Savith S. (California)

Attorneys(s) for Plaintiff

Baranetsky, Diana Victoria (New York)

Attorneys(s) for Defendant

Iyengar, Savith S. (California)

Documents in the Clearinghouse

Document

4:18-cv-00044

Docket [PACER]

Center for Investigative Reporting v. Department of Homeland Security

Jan. 4, 2018

Jan. 4, 2018

Docket
1

4:18-cv-00044

Complaint for Injunctive Relief

Jan. 3, 2018

Jan. 3, 2018

Complaint
32

4:18-cv-00044

Stipulation of Settlement and Dismissal with Prejudice [Proposed] Order

The Center for Investigative Reporting v. U.S. Department of Homeland Security

March 29, 2019

March 29, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6357249/the-center-for-investigative-reporting-cir-v-department-of-homeland/

Last updated Aug. 26, 2022, 3:03 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Department of Homeland Security ( Filing fee $ 400, receipt number 0971-11993405.). Filed byThe Center for Investigative Reporting (CIR). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Civil Cover Sheet)(Baranetsky, Diana) (Filed on 1/3/2018) (Entered: 01/03/2018)

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 Exhibit

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10 Exhibit

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11 Exhibit

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12 Civil Cover Sheet

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Jan. 3, 2018

Jan. 3, 2018

PACER
2

Proposed Summons. (Baranetsky, Diana) (Filed on 1/3/2018) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

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 1/17/2018. (bwS, COURT STAFF) (Filed on 1/3/2018) (Entered: 01/03/2018)

Jan. 3, 2018

Jan. 3, 2018

PACER
4

Summons Issued as to Department of Homeland Security, U.S. Attorney and U.S. Attorney General (jmlS, COURT STAFF) (Filed on 1/4/2018) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
5

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 3/27/2018. Initial Case Management Conference set for 4/3/2018 01:30 PM. (jmlS, COURT STAFF) (Filed on 1/4/2018) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
6

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by The Center for Investigative Reporting (CIR).. (Baranetsky, Diana) (Filed on 1/4/2018) (Entered: 01/04/2018)

Jan. 4, 2018

Jan. 4, 2018

PACER
7

Certificate of Interested Entities by The Center for Investigative Reporting (CIR) identifying Corporate Parent The Center for Investigative Reporting (CIR) for The Center for Investigative Reporting (CIR). (Baranetsky, Diana) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
8

CERTIFICATE OF SERVICE by The Center for Investigative Reporting (CIR) (Baranetsky, Diana) (Filed on 2/6/2018) (Entered: 02/06/2018)

Feb. 6, 2018

Feb. 6, 2018

PACER
9

ANSWER to Complaint byUnited States Department of Homeland Security. (Pereda, David) (Filed on 2/7/2018) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
10

NOTICE by United States Department of Homeland Security Notice of Unavailability of Counsel (Pereda, David) (Filed on 3/1/2018) (Entered: 03/01/2018)

March 1, 2018

March 1, 2018

PACER
11

NOTICE of need for ADR Phone Conference (ADR L.R. 3-5 d) (Pereda, David) (Filed on 3/9/2018) Modified on 3/12/2018 (jmlS, COURT STAFF). (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
12

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Baranetsky, Diana) (Filed on 3/9/2018) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
13

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. Consent/Declination due by 3/23/2018. (sisS, COURT STAFF) (Filed on 3/9/2018) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
14

ADR Clerk's Notice Setting ADR Phone Conference on Tuesday, March 27, 2018, at 10:00 AM 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 3/9/2018) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

PACER
15

STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by The Center for Investigative Reporting (CIR). (Attachments: # 1 Declaration)(Baranetsky, Diana) (Filed on 3/22/2018) Modified on 3/23/2018 (jmlS, COURT STAFF). (Entered: 03/22/2018)

1 Declaration

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March 22, 2018

March 22, 2018

PACER
16

STIPULATION AND ORDER re 15 . STIPULATION WITH PROPOSED ORDER TO CONTINUE INITIAL CASE MANAGEMENT CONFERENCE filed by The Center for Investigative Reporting (CIR), United States Department of Homeland Security. Case Management Statement due by 4/10/2018. Initial Case Management Conference set for 4/17/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 3/22/18. (sisS, COURT STAFF) (Filed on 3/22/2018) (Entered: 03/23/2018)

March 22, 2018

March 22, 2018

RECAP
17

CONSENT to Proceed Before a US Magistrate Judge by United States Department of Homeland Security. (Pereda, David) (Filed on 3/23/2018) Modified on 3/26/2018 (jmlS, COURT STAFF). (Entered: 03/23/2018)

March 23, 2018

March 23, 2018

PACER
18

ADR Remark: ADR Phone Conference held on 3/27/2018 by Tamara Lange. (af, COURT STAFF) (Filed on 3/27/2018) (This is a text-only entry generated by the court. There is no document associated with this entry.) (Entered: 03/27/2018)

March 27, 2018

March 27, 2018

PACER
19

JOINT CASE MANAGEMENT STATEMENT filed by The Center for Investigative Reporting (CIR) United States Department of Homeland Security. (Baranetsky, Diana) (Filed on 4/10/2018) Modified on 4/10/2018 (jmlS, COURT STAFF). (Entered: 04/10/2018)

April 10, 2018

April 10, 2018

PACER
20

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Initial Case Management Conference held on 4/17/2018. Case Management Statement due by 6/5/2018. Further Case Management Conference set for 6/12/2018 01:30 PM in Oakland, Courtroom 4, 3rd Floor.FTR Time: 1:52-2:02. (sisS, COURT STAFF) (Date Filed: 4/17/2018) (Entered: 04/19/2018)

April 17, 2018

April 17, 2018

PACER
21

JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security. (Pereda, David) (Filed on 6/5/2018) Modified on 6/6/2018 (jmlS, COURT STAFF). (Entered: 06/05/2018)

June 5, 2018

June 5, 2018

PACER
22

CLERK'S NOTICE- Notice is hereby given that the Case Management Conference, previously set for June 12, 2018, is continued to July 17, 2018, at 1:30 p.m., 1301 Clay Street, Oakland, CA 94612. Case Management Statement due by July 10, 2018. (This is a text only docket entry, there is no document associated with this notice.) (sisS, COURT STAFF) (Filed on 6/6/2018) (Entered: 06/06/2018)

June 6, 2018

June 6, 2018

PACER
23

JOINT CASE MANAGEMENT STATEMENT filed by United States Department of Homeland Security and The Center for Investigative Reporting. (Pereda, David) (Filed on 7/10/2018) Modified on 7/11/2018 (jmlS, COURT STAFF). (Entered: 07/10/2018)

July 10, 2018

July 10, 2018

PACER
24

PDF with attached Audio File. Court Date & Time [ 7/17/2018 1:39:36 PM ]. File Size [ 8856 KB ]. Run Time [ 00:18:27 ]. (courtspeak). (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
25

Minute Entry for proceedings held before Magistrate Judge Kandis A. Westmore: Further Case Management Conference held on 7/17/2018. Last day to hear Motion for Summary Judgment set for 12/6/2018. Status Report due by 8/9/2018.FTR Time: 1:39-1:58. (sisS, COURT STAFF) (Date Filed: 7/17/2018) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

PACER
26

STATUS REPORT (JOINT) by United States Department of Homeland Security and The Center for Investigative Reporting. (Pereda, David) (Filed on 8/9/2018) Modified on 8/10/2018 (jmlS, COURT STAFF). (Entered: 08/09/2018)

Aug. 9, 2018

Aug. 9, 2018

PACER
27

STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by United States Department of Homeland Security and The Center for Investigative Reporting. (Pereda, David) (Filed on 11/2/2018) Modified on 11/5/2018 (jmlS, COURT STAFF). (Entered: 11/02/2018)

Nov. 2, 2018

Nov. 2, 2018

PACER
28

STIPULATION AND ORDER AS MOFIFIED re 27 . STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by The Center for Investigative Reporting, United States Department of Homeland Security. ***Deadlines terminated. 27 STIPULATION WITH PROPOSED ORDER Re Case Management Conference filed by The Center for Investigative Reporting, United States Department of Homeland Security. Case Management Statement due by 12/31/2018. Further Case Management Conference set for 1/22/2019 01:30 PM in Oakland, Courtroom 4, 3rd Floor. Signed by Magistrate Judge Kandis A. Westmore on 11/6/18. (sisS, COURT STAFF) (Filed on 11/6/2018) (Entered: 11/06/2018)

Nov. 6, 2018

Nov. 6, 2018

RECAP
29

NOTICE of Substitution of Counsel by Savith Iyengar (Iyengar, Savith) (Filed on 11/28/2018) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
30

STIPULATION WITH PROPOSED ORDER to Continue Further Case Management Conference filed by United States Department of Homeland Security and The Center for Investigative Reporting. (Attachments: # 1 Declaration of Savith Iyengar)(Iyengar, Savith) (Filed on 12/26/2018) Modified on 12/26/2018 (jmlS, COURT STAFF). (Entered: 12/26/2018)

1 Declaration of Savith Iyengar

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Dec. 26, 2018

Dec. 26, 2018

PACER
31

Order by Magistrate Judge Kandis A. Westmore granting 30 Stipulation to Continue Case Management Conference.(dtmS, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)

Jan. 3, 2019

Jan. 3, 2019

PACER
32

STIPULATION WITH PROPOSED ORDER of Settlement and Dismissal with Prejudice filed by United States Department of Homeland Security and the Center for Investigative Reporting. (Iyengar, Savith) (Filed on 3/29/2019) Modified on 4/1/2019 (jjbS, COURT STAFF). (Entered: 03/29/2019)

March 29, 2019

March 29, 2019

PACER
33

Order by Magistrate Judge Kandis A. Westmore granting 32 Stipulation of Settlement and Dismissal with Prejudice. (ivaS, COURTSTAFF) (Filed on 4/1/2019) (Entered: 04/02/2019)

April 1, 2019

April 1, 2019

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration FOIA cases

Multi-LexSum (in sample)

Key Dates

Filing Date: Jan. 3, 2018

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonprofit investigative journalism organization

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

Defendant Type(s):

Law-enforcement

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:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Voluntary Dismissal

Amount Defendant Pays: $5,000

Issues

General:

Funding

Loss or damage to property

Record-keeping

Records Disclosure

Immigration/Border:

Border police

Border wall