Case: Ohio State University Moritz College of Law Civil Clinic and Advocates for Basic Legal Equality v. U.S. Customs and Border Protection

3:15-cv-00833 | U.S. District Court for the Northern District of Ohio

Filed Date: Nov. 18, 2014

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On November 18, 2014, plaintiffs, the Ohio State University Moritz College of Law Civil Clinic, which provides no-cost civil legal services, and ABLE, a non-profit legal assistance firm, filed this lawsuit in the U.S. District Court for the Southern District of Ohio under the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, against U.S. Customs and Border Protection. Specifically, the plaintiffs allege that the defendant had failed to deliver records regarding the "Sandusky Bay Border Patrol…

On November 18, 2014, plaintiffs, the Ohio State University Moritz College of Law Civil Clinic, which provides no-cost civil legal services, and ABLE, a non-profit legal assistance firm, filed this lawsuit in the U.S. District Court for the Southern District of Ohio under the Freedom of Information Act ("FOIA"), 5 U.S.C. §552, against U.S. Customs and Border Protection. Specifically, the plaintiffs allege that the defendant had failed to deliver records regarding the "Sandusky Bay Border Patrol's practices and procedures related to racial profiling" within statutory deadlines imposed under FOIA.

On January 29, 2015, defendant moved to change venue to the U.S. District Court for the Northern District of Ohio on the grounds that defendant had been litigating the Muñiz-Muñiz case in the Northern District of Ohio, and information related to the plaintiff's FOIA request was filed under seal subject to a protective order for that case. Judge Gregory L. Frost found in favor of the defendant, and ordered the venue change on April 28, 2015. 2015 WL 1928736.

Over the following months, the parties discussed and outlined a plan for phased production of documents responsive to the plaintiffs' FOIA request. Judge Jack Zouhary ordered implementation of the plan on July 24, 2015. The plan narrowed the original request of the plaintiffs, separated document production into three phrases, and required that the government provide status reports to the Court at the end of each phase.

On February 24, 2016, the parties jointly moved to have the court determine whether the defendants were able to redact various information including dates, entry landmarks, arrest landmarks, and codes used to decipher landmarks under FOIA exemption 7(E), which exempts disclosure of techniques and procedures for law enforcement investigations. On June 1, 2016, the court ordered that the defendant was required to disclose date information but found the landmark information properly redacted.

Production was completed on July 22, 2016, and the parties jointly moved for dismissal with parties bearing their own costs on July 27, 2016. The case was dismissed on July 28, 2016.

Summary Authors

Cade Boland (2/10/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5708530/parties/the-ohio-state-university-moritz-college-of-law-civil-clinic-v-united/


Judge(s)

Frost, Gregory L. (Ohio)

Zouhary, Jack (Ohio)

Attorneys(s) for Plaintiff

Akbar, Amna A. (Ohio)

Cooke, Elizabeth Ilgen (Ohio)

Heller, Mark R. (Ohio)

Mollo, Eugenio Jr. (Ohio)

Attorneys(s) for Defendant

Dettelbach, Steven M (District of Columbia)

Johnson, Lisa Hammond (Ohio)

King, Jody L. (Ohio)

Rendon, Carole S. (Ohio)

Judge(s)

Frost, Gregory L. (Ohio)

Zouhary, Jack (Ohio)

Attorneys(s) for Plaintiff

Akbar, Amna A. (Ohio)

Cooke, Elizabeth Ilgen (Ohio)

Heller, Mark R. (Ohio)

Mollo, Eugenio Jr. (Ohio)

Attorneys(s) for Defendant

Dettelbach, Steven M (District of Columbia)

Johnson, Lisa Hammond (Ohio)

King, Jody L. (Ohio)

Rendon, Carole S. (Ohio)

Rojas, Guillermo J. (Ohio)

Stark, John J. (Ohio)

Documents in the Clearinghouse

Document

Docket

The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection

July 28, 2016 Docket
1

Complaint for Injunctive Relief

The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection

U.S. District Court for the Southern District of Ohio

Nov. 18, 2014 Complaint
20

Opinion and Order

The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection

U.S. District Court for the Southern District of Ohio

April 28, 2015 Order/Opinion
31

Order on Phased Production Plan

The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection

July 24, 2015 Order/Opinion
46

Status Report

The Ohio State University Moritz College of Law Civil Clinic v. United States Customs and Border Protection

June 20, 2016 Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5708530/the-ohio-state-university-moritz-college-of-law-civil-clinic-v-united/

Last updated May 20, 2022, 4:45 a.m.

ECF Number Description Date Link
1

COMPLAINT for Injunctive Relief against All Defendants ( Filing fee $ 400 paid - receipt number: 0648-4816246), filed by The Ohio State University Moritz College of Law Civil Clinic, Advocates for Basic Legal Equality, Inc.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit FOIA Request) (Akbar, Amna) [Transferred from ohsd on 4/28/2015.] (Entered: 11/18/2014)

Nov. 18, 2014
20

ORDER granting 10 Defendant's Motion to Change Venue. Signed by Judge Gregory L. Frost on 4/28/15. (sem) [Transferred from ohsd on 4/28/2015.]

April 28, 2015 RECAP
2

ORDER REASSIGNING CASE. Case reassigned to Judge Gregory L. Frost for all further proceedings. Judge Edmund A Sargus no longer assigned to case. Signed by Judge Edmund A Sargus on 11/19/2014. (dh1) [Transferred from ohsd on 4/28/2015.] (Entered: 11/19/2014)

Nov. 19, 2014
3

Compliance forms regarding Local Rule 83.6 signed by Judge Gregory L. Frost on 11/21/14. (sem1) [Transferred from ohsd on 4/28/2015.] (Entered: 11/21/2014)

Nov. 21, 2014
4

NOTICE by Plaintiffs Advocates for Basic Legal Equality, Inc., The Ohio State University Moritz College of Law Civil Clinic Summons (Akbar, Amna) [Transferred from ohsd on 4/28/2015.] (Entered: 11/25/2014)

Nov. 25, 2014
5

Summons Issued as to United States Customs and Border Protection (kk2) [Transferred from ohsd on 4/28/2015.] (Entered: 11/26/2014)

Nov. 26, 2014
6

NOTICE of Appearance by Eugenio Mollo, Jr for Plaintiffs Advocates for Basic Legal Equality, Inc., The Ohio State University Moritz College of Law Civil Clinic (Mollo, Eugenio) [Transferred from ohsd on 4/28/2015.] (Entered: 12/03/2014)

Dec. 3, 2014
7

NOTICE of Appearance by Mark R Heller for Plaintiffs Advocates for Basic Legal Equality, Inc., The Ohio State University Moritz College of Law Civil Clinic (Heller, Mark) [Transferred from ohsd on 4/28/2015.] (Entered: 12/03/2014)

Dec. 3, 2014
8

Corporate Disclosure Statement by Plaintiff Advocates for Basic Legal Equality, Inc.. (Heller, Mark) [Transferred from ohsd on 4/28/2015.] (Entered: 12/03/2014)

Dec. 3, 2014
9

STIPULATION Stipulated Extension of Time for Defendant to Respond to Plaintiffs' Complaint by Defendant United States Customs and Border Protection. (Stark, John) [Transferred from ohsd on 4/28/2015.] (Entered: 01/07/2015)

Jan. 7, 2015

Reset Deadlines: Dft's answer due 1/29/2015. (sln1) [Transferred from ohsd on 4/28/2015.] (Entered: 01/08/2015)

Jan. 7, 2015
10

MOTION to Change Venue by Defendant United States Customs and Border Protection. (Attachments: # 1 Exhibit A, Muniz-Muniz Amended Complaint, # 2 Exhibit B, Muniz- Muniz Docket Sheet, # 3 Exhibit C, Muniz-Muniz Stipulated Protective Order) (Stark, John) [Transferred from ohsd on 4/28/2015.] (Entered: 01/29/2015)

Jan. 29, 2015

11 ORDER - re 10 Motion to Change Venue, filed by United States Customs and Border Protection, Non oral hearing on Motion set for 3/16/2015 08:00 AM before Judge Gregory L. Frost. Signed by Judge Gregory L. Frost on 1/30/15. (kn) [Transferred from ohsd on 4/28/2015.] (Entered: 01/30/2015)

12 MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Change Venue New date requested 2/26/2015. by Plaintiff The Ohio State University Moritz College of Law Civil Clinic. (Cooke, Elizabeth) [Transferred from ohsd on 4/28/2015.] (Entered: 02/18/2015)

NOTICE re 12 MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Change Venue : The document was filed without a certificate of service, which is required pursuant to S.D. Ohio Civ. R. 5.2. To correct the filing, use the "Certificate of Service" event found under Civil Events - Initial Pleadings and Service - Service of Process and link the event to the Motion for Extension of Time when prompted. (kk2) [Transferred from ohsd on 4/28/2015.] (Entered: 02/18/2015)

13 CERTIFICATE OF SERVICE by Plaintiff The Ohio State University Moritz College of Law Civil Clinic re 12 MOTION for Extension of Time to File Response/Reply (Cooke, Elizabeth) Modified on 2/19/2015 to correct text & document link (kk2) [Transferred from ohsd on 4/28/2015.] (Entered: 02/18/2015)

14 ORDER granting 12 Motion for Extension of Time to File Response/Reply re 10 MOTION to Change Venue Responses due by 2/26/2015. Non oral hearing remains unchanged. Signed by Judge Gregory L. Frost on 2/19/15. (kn) [Transferred from ohsd on 4/28/2015.] (Entered: 02/19/2015)

15 RESPONSE in Opposition re 10 MOTION to Change Venue Plaintiffs' Opposition to Defendant's Motion to Transfer Venue filed by Plaintiff The Ohio State University Moritz College of Law Civil Clinic. (Attachments: # 1 Exhibit Exhibits A-E) (Cooke, Elizabeth) Modified on 2/27/2015 to correct text (kk2) [Transferred from ohsd on 4/28/2015.] (Entered: 02/26/2015)

16 NOTICE of Hearing: Preliminary Pretrial Conference set for 4/8/2015 11:45 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (sln1) [Transferred from ohsd on 4/28/2015.] (Entered: 03/11/2015)

17 REPLY to Response to Motion re 10 MOTION to Change Venue filed by Defendant United States Customs and Border Protection. (Attachments: # 1 Exhibit A, Plaintiffs' First Set of Discovery Requests, # 2 Exhibit B, Federal Defendants' Responses to Second Set of Discovery Requests) (Stark, John) [Transferred from ohsd on 4/28/2015.] (Entered: 03/11/2015)

18 RULE 26(f) REPORT of the Parties by Defendant United States Customs and Border Protection. (Stark, John) [Transferred from ohsd on 4/28/2015.] (Entered: 04/01/2015)

NOTICE OF CHANGE IN HEARING: Preliminary Pretrial Conference reset to 4/14/2015 11:30 AM in Chambers before Magistrate Judge Elizabeth Preston Deavers. (Previously set for 4/8/2015.) (sln1) [Transferred from ohsd on 4/28/2015.] (Entered: 04/07/2015)

19 NOTICE OF CHANGE IN HEARING: Preliminary Pretrial Conference set for 4/15/2015 11:00 AM in Teleconference before Magistrate Judge Elizabeth Preston Deavers. (Previously set for 4/14/2015.) (sln1) [Transferred from ohsd on 4/28/2015.] (Entered: 04/08/2015)

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?184571730370157-L_1_0-1 4/8 20 ORDER granting 10 Defendant's Motion to Change Venue. Signed by Judge Gregory L. Frost on 4/28/15. (sem) [Transferred from ohsd on 4/28/2015.] (Entered: 04/28/2015)

21

CASE TRANSFERRED IN from District of Ohio Southern. Case number 2:14-cv-02329. Electronic file, transfer order, and docket sheet received. (Entered: 04/28/2015)

April 28, 2015

Judge Jeffrey J. Helmick assigned to case. (H,JD) (Entered: 04/28/2015)

April 28, 2015

Random Assignment of Magistrate Judge pursuant to Local Rule 3.1. In the event of a referral, case will be assigned to Magistrate Judge James R. Knepp II. (H,JD) (Entered: 04/28/2015)

April 28, 2015

Copy of docket sheet mailed to attorneys Elizabeth Ilgen Cooke and Amna Amber Akbar. (H,JD) (Entered: 04/29/2015)

April 29, 2015

Notice to Attorney Amna Amber Akbar. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. (P,G) (Entered: 04/29/2015)

April 29, 2015

Notice to Attorney Elizabeth Ilgen Cooke. The Court finds no record of your being admitted to practice in the Northern District of Ohio. Pursuant to LR 83.5, an Application for Admission to Practice or a Motion to be Admitted Pro Hac Vice in this case must be filed within 10 business days. The local rules and the attorney admission application are available on the court's web site at: www.ohnd.uscourts.gov. If you are not the attorney of record in this case, a Motion to Withdraw as Attorney pursuant to LR 83.9 must be filed within 10 business days. Related document 21 . (P,G) (Entered: 04/29/2015)

April 29, 2015
22

Attorney Appearance by Guillermo J. Rojas filed by on behalf of United States Customs and Border Protection. (Rojas, Guillermo) (Entered: 04/29/2015)

April 29, 2015
23

Order of Reassignment. This case is returned to the Clerk for reassignment to Judge Jack Zouhary for all further proceedings as related to 3:09cv2865. Judge Jeffrey J. Helmick on 5/12/2015. (S,AL) (Entered: 05/12/2015)

May 12, 2015

Judge Jack Zouhary assigned to case. Judge Jeffrey J. Helmick terminated. (H,JD) (Entered: 05/12/2015)

May 12, 2015
24

Notice of Substitution of Counsel removing attorney Elizabeth I. Cooke and adding attorney Amna A. Akbar and adding attorney Mark R. Heller filed by on behalf of All Plaintiffs. (Heller, Mark) (Entered: 05/12/2015)

May 12, 2015

NOTICE [non-document] of Phone Status set for 5/19/15 at 9:30 AM before Judge Jack Zouhary. At that time, counsel are instructed to call the District Court conference line. (S,Na) (Entered: 05/15/2015)

May 15, 2015
25

ORDER. Phone Status held on 5/19/15. Counsel will discuss phased production of documents responsive to Plaintiffs FOIA request. Further Phone Status set for 6/22/15 at 9:30 AM before Judge Jack Zouhary. Counsel to use District Court conference line. At that time, counsel shall report on agreed plan and time frame, and be prepared to set further case dates. (15 min) Judge Jack Zouhary on 5/19/15. (S,Na) (Entered: 05/19/2015)

May 19, 2015
26

ORDER. Phone Status held on 6/22/15. Counsel continue to discuss phased production of documents responsive to Plaintiffs' FOIA request. Joint status report outlining agreed plan and time frame for document production, noting any disputes due by 7/20/15. Further phone status set for 7/21/15 at 2:00 PM before Judge Jack Zouhary. Counsel to use same District Court conference line. (15 min) Judge Jack Zouhary on 6/22/15. (S,Na) (Entered: 06/22/2015)

June 22, 2015

27 Joint Status Report filed by All Defendants. (Rojas, Guillermo) (Entered: 07/21/2015)

28 ORDER. Phone Status held on 7/21/15. Case will proceed on the Standard Track with trial (if necessary) no later than APRIL 2016 . By 7/23/15, counsel shall file Proposed Scheduling Order, to include specific deadlines for phased collection, review, and production of documents responsive to Plaintiffs' FOIA request. Further Phone Status set for 11/23/15 at 11:30 AM before Judge Jack Zouhary. Court will provide counsel with the conference line number prior to the phone status. (15 min) Judge Jack Zouhary on 7/22/15. (S,Na) (Entered: 07/22/2015)

29 ORDER. Phone conference held on 7/23/15 to discuss who bears responsibility for paying FOIA processing fees and whether Plaintiffs are entitled to a waiver or reduction of fees. Counsel are prepared to submit document production schedule. Production should proceed as agreed; to the extent there is disagreement about payment, that matter can proceed on a parallel track and should not delay production of documents. If counsel continue to have a disagreement on fees, they may submit a proposed briefing schedule for Court's review and approval. Government should not delay production of documents just because payment of FOIA processing fee remains unresolved. (15 min) Judge Jack Zouhary on 7/23/15. (S,Na) (Entered: 07/23/2015)

30 Proposed Order on Phased Production Plan filed by United States Customs and Border Protection. (Rojas, Guillermo) (Entered: 07/23/2015)

31 Stipulation & Order approving 30 Proposed Order on Phased Production Plan filed by United States Customs and Border Protection. Judge Jack Zouhary on 7/24/2015. (D,L) (Entered: 07/24/2015)

32 Status Report for Phase I filed by United States Customs and Border Protection. (Rojas, Guillermo) (Entered: 11/10/2015)

33 Order re 32 Status Report. Further Status Report due by 1/15/2016. Judge Jack Zouhary on 11/13/2015. (D,L) (Entered: 11/13/2015)

NOTICE [non-document]. At the request of counsel, the Phone Status set for 11/23/15 is vacated and reset for 11/24/15 at 3:00 PM before Judge Jack Zouhary. This Court will initiate the call. (S,Na) (Entered: 11/17/2015)

34 ORDER. Phone Status held on 11/24/15. Court discussed with counsel the status of Phases 2 and 3 of the document production 30 . Further Phone Status set for 12/2/15 at 3:00 PM before Judge Jack Zouhary. Counsel should confer with each other before the Phone Status and bring to Court's attention any issues which need Court guidance. Counsel shall use the same District Court conference line. (25 min) Judge Jack Zouhary on 11/25/15. (S,Na) (Entered: 11/25/2015)

35 Attorney Appearance Co-Counsel by Lisa Hammond Johnson filed by on behalf of United States Customs and Border Protection. (Johnson, Lisa) (Entered: 12/01/2015)

36 ORDER. Phone Status held on 12/2/15. Counsel report parties have made good progress in agreeing on plan for meeting phased production schedule. Further Phone Status set for 1/4/16 at 4:00 PM before Judge Jack Zouhary. Counsel should confer before the next Phone Status and bring to Court's attention by 12/31/15 at noon any issues which need Court guidance. Counsel shall use the same District Court conference line. (15 min) Judge Jack Zouhary on 12/3/15. (S,Na) (Entered: 12/03/2015)

https://ecf.ohnd.uscourts.gov/cgi-bin/DktRpt.pl?184571730370157-L_1_0-1 37 FILING ERROR: Filed prematurely. To be refiled once postal green card is received. Filer notified. Return of Service by Certified/Registered Mail executed upon United States Customs and Border Protection on 12/7/2015 filed on behalf of The Ohio State University Moritz College of Law Civil Clinic Related document(s) 1 . (Akbar, Amna) Modified on 12/8/2015 (M,L). (Entered: 12/07/2015)

38

Joint Motion to continue Status Conference filed by Defendant United States Customs and Border Protection. (Johnson, Lisa) (Entered: 12/23/2015)

Dec. 23, 2015
39

ORDER granting Joint Motion to Continue Status Conference 38 . For good cause shown, the 1/4/16 Phone Status is vacated and reset for 1/19/16 at 2:00 PM before Judge Jack Zouhary. Counsel shall use the same District Court conference line. Judge Jack Zouhary on 12/30/15.(S,Na) (Entered: 12/30/2015)

Dec. 30, 2015
40

Joint Motion for Scheduling Order filed by Defendant United States Customs and Border Protection. Related document(s) 31 . (Attachments: # 1 Proposed Order)(Johnson, Lisa) (Entered: 02/02/2016)

Feb. 2, 2016
41

Order granting in part and denying in part 40 Joint Motion for Scheduling Order. See Order for deadlines. This Court will hold a hearing on Monday, July 11, 2016 at 10:00 AM in Courtroom 209 before Judge Jack Zouhary. Counsel shall be present in person. Counsel shall work this case as necessary to allow this case to be closed no later than July 27, 2016. Per the prior Scheduling Order, Defendant will file a Status Report with this Court with each phase of production. Judge Jack Zouhary on 2/5/2016. (D,L) (Entered: 02/05/2016)

Feb. 5, 2016
42

Joint Brief filed by Advocates for Basic Legal Equality, Inc. (Attachments: # 1 Declaration of Robert Lewandowski) (Akbar, Amna) Modified text on 2/25/2016 (M,L). (Entered: 02/24/2016)

Feb. 24, 2016
43

Status Report filed by United States Customs and Border Protection. (Johnson, Lisa) (Entered: 03/02/2016)

March 2, 2016
44

Attorney Appearance by Jody L. King filed by on behalf of United States Customs and Border Protection. (King, Jody) (Entered: 03/02/2016)

March 2, 2016
45

Order re 42 Joint Letter Brief. Plaintiffs challenge CBP's redactions and request this Court order CBP to produce the documents without redaction. Plaintiff's request is granted in part. CBP is ordered to re-produce the documents in Categories 1 and 3 without redactions. Judge Jack Zouhary on 6/1/2016. (D,L) (Entered: 06/01/2016)

June 1, 2016
46

Status Report filed by United States Customs and Border Protection. Related document(s) 41 .(Johnson, Lisa) (Entered: 06/20/2016)

June 20, 2016
47

ORDER. Court reviewed Joint Status Report 46 . With agreement of counsel, hearing set for 7/11/16 is vacated. New dates for document production are approved, and counsel shall file a Dismissal by 7/27/16. Judge Jack Zouhary on 6/24/16. (S,Na) (Entered: 06/24/2016)

June 24, 2016
48

Stipulated Notice of Dismissal Under FRCP 41(a)(1) filed by United States Customs and Border Protection. (Johnson, Lisa) (Entered: 07/27/2016)

July 27, 2016
49

Order of Case Dismissal approving 48 Stipulated Notice of Dismissal Under FRCP 41(a) (1). Judge Jack Zouhary on 7/28/2016. (D,L) (Entered: 07/28/2016)

July 28, 2016

State / Territory: Ohio

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Nov. 18, 2014

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two non-profit legal assistance programs.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Customs and Border Protection, 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)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Required disclosure

Issues

General:

Racial profiling

Records Disclosure