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

3:18-cv-00247 | U.S. District Court for the District of Oregon

Filed Date: Feb. 7, 2018

Closed Date: July 14, 2020

Clearinghouse coding complete

Case Summary

On Feb. 7, 2018, the American Civil Liberties Union of Oregon filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA) (5 U.S.C. § 552). Represented by its own counsel and by a private law firm, the plaintiff filed this lawsuit in the U.S. District Court for the District of Oregon. The case was assigned to Magistrate Judge Paul Papak. According to the plaintiff, in Jan. …

On Feb. 7, 2018, the American Civil Liberties Union of Oregon filed this lawsuit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA) (5 U.S.C. § 552). Represented by its own counsel and by a private law firm, the plaintiff filed this lawsuit in the U.S. District Court for the District of Oregon. The case was assigned to Magistrate Judge Paul Papak.

According to the plaintiff, in Jan. 2017, ICE had confirmed to news media that its agents were arresting noncitizens at Oregon courthouses. The plaintiff sought information on ICE practices of monitoring, detaining, and arresting individuals on suspicion of immigration violations at and around state courthouses within Oregon, as well as surveillance of legal observers filming federal immigration agents or participating in rallies, protests and vigils in the vicinity of courthouses in Oregon.

The plaintiff stated that it had submitted a FOIA request to ICE on Oct. 10, 2017, seeking the following:

1) Records created or received in the ICE Seattle Field Office or any ICE Oregon offices since Jan. 20, 2017 regarding immigration enforcement actions in or near Oregon courthouses;

2) Records concerning the number of individuals who had been detained, arrested, or otherwise subject to questioning by ICE agents or any officials working in cooperation with ICE, in or near an Oregon courthouse, since Jan. 1, 2017;

3) Records concerning policies, guidelines, and standards of conduct for officers conducting enforcement actions at or near courthouses;

4) Records concerning policies, guidelines, and standards of conduct related to discrimination, race-based or otherwise, for officers conducting enforcement actions;

5) Records regarding compliance with 8 U.S.C. § 1229(e) (procedures for the government to initiate removal proceedings), including internal policies;

6) Communications since Jan. 1, 2017 between any public employees working in an Oregon county’s district attorney’s office and any ICE employees working in Oregon;

7) Communications since Jan. 1, 2017 between any public employees working in Oregon’s judicial branch and any ICE employees working in Oregon;

8) Communications since Jan. 1, 2017 between any public employees working for an Oregon law enforcement agency and any ICE employees working in Oregon;

9) Records concerning activities and enforcement action(s) of ICE agents or officials working in Hillsboro, OR on Sept. 18, 2017 (site of the arrest of two Latino U.S. citizens at a courthouse vigil, who alleged that ICE racially profiled and wrongly identified them as undocumented persons);

10) Records created by ICE agents or officials who were deployed to, worked in, or present in Hillsboro, OR on Sept. 18, 2017;

11) Communications with or records sent from any ICE official to any other federal government agency or official with information from, about, or related to events or persons at the Washington County courthouse(s) and/or in Hillsboro, OR on Sept. 18, 2017.

The complaint further alleged that, at the time the complaint was filed, the plaintiff had not received a substantive response from any of the defendant agencies, and that the plaintiff had constructively exhausted all required administrative remedies. The plaintiff sought a disclosure order under FOIA, legal fees, and expedited action.

On June 26, the court ordered the defendants to produce 2,500 pages of records per month for July and August. In August, the court ordered the defendants to produce in September all of the documents currently in ICE's possession relating to specific search terms provided by the plaintiffs, as well as 5,000 records per month in October and November.

The case was reassigned to Magistrate Judge Jolie A. Russo on Sept. 20.

In a November status report, the plaintiff reported that the defendants' production of responsive records remained incomplete and that they had been failing to comply with the court's production order for the previous two months. Consequently, the plaintiff requested additional court involvement in order to obtain the defendants' compliance. The defendants argued that they could not produce the court-ordered number of pages in the timeframes set forward due to lack of staff and overall FOIA workload.

In a November 28, 2018, telephonic proceeding, the court ordered the defendants to produce all outstanding documents by July 1, 2019 (with a production rate of at least 2,000 documents per month). This deadline was later changed to Aug. 1, 2019.

In an Aug. 2019 status report the parties reported that the defendants had completed initial production of all identified records responsive to the plaintiff's Oct. 2017 FOIA request. The parties requested additional time to confer and discuss issues the plaintiff had identified concerning the records produced. The defendants later agreed to some supplemental record production, but the parties continued to disagree over the scope of redactions and information withheld by the defendants.

On April 7, 2020, the defendants filed a motion for summary judgment. The defendants argued that they had properly withheld information under various FOIA exemptions and privileges and that they had complied with their obligations under FOIA.

On July 14, 2020, plaintiffs filed a stipulation of dismissal with prejudice and Magistrate Judge Russo ordered the case dismissed on July 15, 2020 without costs awarded to either party. The court implied that the case had been settled in a previous order directing the parties to file their final papers, but we do not have access to the settlement. This case is now over.

Summary Authors

Ava Morgenstern (5/5/2018)

Virginia Weeks (9/21/2018)

Sam Kulhanek (5/14/2020)

Casey D'Alesandro (4/11/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6491128/parties/american-civil-liberties-union-of-oregon-v-us-department-of-homeland/


Judge(s)

Papak, Paul J. (Oregon)

Russo, Jolie A. (Oregon)

Attorneys(s) for Plaintiff

Baxter-Neal, Leland (Oregon)

dos Santos, Mathew W. (Oregon)

Dos Santos, Mathew William (California)

Green, Derek (Oregon)

LeDuc, Alicia Jo (Oregon)

Simon, Kelly K. (Oregon)

Attorneys(s) for Defendant

Danielson, Kevin C. (Oregon)

Williams, Billy J. (Oregon)

Judge(s)

Papak, Paul J. (Oregon)

Russo, Jolie A. (Oregon)

Attorneys(s) for Plaintiff

Baxter-Neal, Leland (Oregon)

dos Santos, Mathew W. (Oregon)

Dos Santos, Mathew William (California)

Green, Derek (Oregon)

LeDuc, Alicia Jo (Oregon)

Simon, Kelly K. (Oregon)

Attorneys(s) for Defendant

Danielson, Kevin C. (Oregon)

Williams, Billy J. (Oregon)

Documents in the Clearinghouse

Document

3:18-cv-00247

Docket [PACER]

American Civil Liberties Union of Oregon, Inc. v. U.S. Department of Homeland Security

July 15, 2020

July 15, 2020

Docket
1

3:18-cv-00247

Complaint

ACLU of Oregon v. DHS

Feb. 7, 2018

Feb. 7, 2018

Complaint
8

3:18-cv-00247

Joint Status Report

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

May 4, 2018

May 4, 2018

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6491128/american-civil-liberties-union-of-oregon-v-us-department-of-homeland/

Last updated Aug. 5, 2022, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

Complaint. Filing fee in the amount of $400 collected. Agency Tracking ID: 0979-5305126 Filer is subject to the requirements of Fed. R. Civ. P. 7.1. Jury Trial Requested: No. Filed by American Civil Liberties Union of Oregon, Inc. against U.S. Department of Homeland Security, and U.S. Immigration and Customs Enforcement (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Civil Cover Sheet Civil Cover Sheet, # 12 Proposed Summons USA DofO, USA DoJ, Dept of Homeland Security). (Green, Derek) Modified to correct parties in docket text on 2/7/2018 (sss). (Entered: 02/07/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Civil Cover Sheet Civil Cover Sheet

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12 Proposed Summons USA DofO, USA DoJ, Dept of Homeland Security

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Feb. 7, 2018

Feb. 7, 2018

RECAP
2

Corporate Disclosure Statement . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
3

Notice of Case Assignment to Magistrate Judge Paul Papak and Discovery and Pretrial Scheduling Order. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. Discovery is to be completed by 6/8/2018. Joint Alternate Dispute Resolution Report is due by 7/9/2018. Pretrial Order is due by 7/9/2018. Ordered by Magistrate Judge Paul Papak. (jtj) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
4

Summons Issued Electronically as to U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. NOTICE: Counsel shall print and serve the summonses and all documents issued by the Clerk at the time of filing upon all named parties in accordance with Local Rule 3-5. (jtj) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

PACER
5

Amended Corporate Disclosure Statement . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
6

Answer to 1 Complaint,, . Filed by U.S. Immigration and Customs Enforcement, U.S. Department of Homeland Security. (Danielson, Kevin) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
7

ORDER issued by Magistrate Judge Paul Papak: Rule 16 Conference set for 5/7/2018 at 1:30PM in Portland Chambers before Magistrate Judge Paul Papak. Local Rules 16-2(b) and 26-1 require that counsel confer prior to the conference. At the conference, counsel should be prepared to discuss the status of the case, relevant dates and deadlines, and any other significant issues. If consents are going to be filed, it is helpful if they are filed prior to the time of the conference, particularly if a firm trial date is desired. (gm) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
8

Joint Status Report . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
9

Fed. R. Civ. P. 26(a)(1) Agreement . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

PACER
10

MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Rule 16 Conference held 5/7/18. Order: All case deadlines are Stayed. Formal order to follow. Order: Setting a Telephonic Status Conference for 6/26/2018 at 10:00AM in Portland Chambers before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate e-mail) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. Derek Green present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
11

ORDER regarding discovery issues. Signed on 5/7/18 by Magistrate Judge Paul Papak. (gm) (Entered: 05/08/2018)

May 7, 2018

May 7, 2018

PACER
12

MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Status Conference held 6/26/18. Order: All case deadlines remain Stayed. Formal order to follow. Order: Setting a further Telephonic Status Conference for 8/31/2018 at 10:00AM in Portland Chambers before Magistrate Judge Paul Papak. The parties shall call into the court's conference line (phone number to be provided via separate e-mail) five minutes prior to the scheduled conference time. The court will join the conference call at or shortly after the appointed time. Derek Green; Alicia LeDuc; Kelly Simon present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 06/27/2018)

June 26, 2018

June 26, 2018

PACER
13

ORDER: Defendants are to produce 2,500 pages of records per month in July and in August 2018. Signed on 6/26/18 by Magistrate Judge Paul Papak. (gm) (Entered: 06/27/2018)

June 26, 2018

June 26, 2018

PACER
14

Status Report by American Civil Liberties Union of Oregon, Inc.. Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
16

MINUTES OF PROCEEDINGS before Magistrate Judge Paul Papak: Telephonic Status Conference held 8/31/18. Formal order to follow. Order: The parties shall file a formal Joint Status Report as specified at the conference by no later than 11/19/2018. Derek Green; Alicia LeDuc; Leland Baxter-Neal present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 09/05/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
15

Notice of Attorney Substitution:Attorney Leland Baxter-Neal is substituted as counsel of record in place of Attorney Kelly K. Simon Filed by American Civil Liberties Union of Oregon, Inc.. (Simon, Kelly) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
17

ORDER: I order Defendants to produce in the month of September 2018 all documents in their possession that are subject to the seventeen (17) search terms provided by Plaintiff and related to the September 2017 incident. I order Defendants to produce 5,000 pages of records per month in October and November 2018 and to make a good faith effort to avoid producing duplicates in that document production. I order that the parties submit a formal Joint Status Report on or before November 19, 2018. Signed on 9/4/18 by Magistrate Judge Paul Papak. (gm) (Entered: 09/05/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
18

Notice of Case Reassignment: This case has been reassigned from Magistrate Judge Paul Papak to Magistrate Judge Jolie A. Russo. (eo) (Entered: 09/20/2018)

Sept. 20, 2018

Sept. 20, 2018

PACER
19

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' unopposed E-mail Request dated 11/19/18 for a 2-day extension of time as follows: The parties shall file a formal Joint Status Report no later than 11/21/2018. (gm) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
20

Joint Status Report . Filed by American Civil Liberties Union of Oregon, Inc.. (Attachments: # 1 Attachment Declaration of ICE Deputy FOIA Officer Toni Fuentes) (Green, Derek) (Entered: 11/21/2018)

1 Attachment Declaration of ICE Deputy FOIA Officer Toni Fuentes

View on PACER

Nov. 21, 2018

Nov. 21, 2018

PACER
21

ORDER issued by Magistrate Judge Jolie A. Russo: Setting a Telephonic Scheduling Conference for 11/28/2018 at 3:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. (gm) (Entered: 11/27/2018)

Nov. 27, 2018

Nov. 27, 2018

PACER
22

MINUTES of Proceedings: Telephone Status and Scheduling Conference held before Judge Russo. At the parties' request, the court held a telephone hearing to discuss plaintiff's FOIA Request and defendants' document production schedule. Defendants are ordered to produce all outstanding documents (approximately 18,000) by July 1, 2019. Defendants' production amount may fluctuate depending on agency resources each month. Production must be at a rate of at least 2,000 documents per month with a larger number as defendants' resources allow. Any issues regarding document redaction will be decided upon completion of the document production. Plaintiff's request for discovery into defendants' resource allocation is denied. Plaintiff may return to the court with any additional information that may controvert defendants' declaration regarding ICE FOIA Office Workload and Resources, at which point the Court will reconsider plaintiff's request to increase production or engage in limited discovery relating to ICE's resources, technologies, and prioritization practices. Finally, the parties are ordered to file a Joint Status Report as well as a proposed case schedule by July 15, 2019. Derek Green, Mathew dos Santos, Alicia LeDuc, Leland Baxter-Neal present as counsel for plaintiff. Kevin Danielson present as counsel for defendant. Magistrate Judge Jolie A. Russo presiding. (peg) Modified on 11/30/2018 to correct names of counsel present for Plaintiff. NEF regenerated to the parties. (gm) (Entered: 11/29/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
23

Unopposed Motion for Stay of Deadlines in Light of Lapse of Appropriations. Filed by All Defendants. (Danielson, Kevin) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER

Order on Motion for Stay

Dec. 27, 2018

Dec. 27, 2018

PACER
24

ORDER issued by Magistrate Judge Jolie A. Russo: Granting the Federal Defendants' Unopposed Motion for Stay of Deadlines in Light of Lapse of Appropriations 23 . The deadlines in this case are Stayed until Department of Justice attorneys are permitted to resume their usual civil litigation functions. Counsel shall notify the Court as soon as Congress has appropriated funds for the Department and move to extend deadlines accordingly. (gm) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
25

Notice re Order on motion for stay, 24 Filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Related document(s): Order on motion for stay, 24 .) (Danielson, Kevin) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
26

ORDER issued by Magistrate Judge Jolie A. Russo: Based on the Federal Defendants' Notice of Restoration 25, the Stay of this case due to appropriations issue is Lifted. This case shall proceed as directed in the court's earlier Order 22 . (gm) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
27

Unopposed Motion to Modify the Scheduling Order. Filed by All Defendants. (Danielson, Kevin) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
28

ORDER issued by Magistrate Judge Jolie A. Russo: Defendants' unopposed Motion to Modify the Scheduling Order 27 is Granted. By the end of February 2019, defendants shall produce a minimum of 2,000 pages of documents. Thereafter, defendants' production must be at a rate of at least 2,000 documents per month with a larger number as agency resources allow. All outstanding documents are due by August 1, 2019. The parties are ordered to file a Joint Status Report as well as a proposed case schedule by August 15, 2019. (gm) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

PACER
29

Joint Status Report . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER

1 - Scheduling

Aug. 13, 2019

Aug. 13, 2019

PACER
30

ORDER issued by Magistrate Judge Jolie A. Russo: Granting the parties' request as outlined in their Joint Status Report 29 for an extension of time to 9/16/2019 to submit their proposed case schedule. Counsel are also reminded to include the correct judge's initials 'JR' following the case number on all future pleadings. (gm) (Entered: 08/13/2019)

Aug. 13, 2019

Aug. 13, 2019

PACER
31

Joint Status Report . Filed by American Civil Liberties Union of Oregon, Inc.. (LeDuc, Alicia) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
32

ORDER issued by Magistrate Judge Jolie A. Russo: Upon review of the parties' Joint Status Report 31, the Court sets the following schedule: The parties are to submit a proposed case schedule by 10/25/2019. Order: Setting a Telephonic Status Conference for 11/4/2019 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. (gm) (Entered: 09/23/2019)

Sept. 23, 2019

Sept. 23, 2019

PACER

1 - Scheduling

Sept. 23, 2019

Sept. 23, 2019

PACER
33

Notice of Attorney Withdrawal: Mathew W. dos Santos Filed by American Civil Liberties Union of Oregon, Inc.. (dos Santos, Mathew) (Entered: 10/03/2019)

Oct. 3, 2019

Oct. 3, 2019

PACER
34

Proposed Joint Case Management Schedule . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 10/25/2019)

Oct. 25, 2019

Oct. 25, 2019

PACER
35

MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Status Conference held 11/4/19. Order: Setting a further Telephonic Status Conference re: case management/discovery issues for 11/13/2019 at 2:00PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Alicia LeDuc; Derek Green; Leland Baxter-Neal present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 11/04/2019)

Nov. 4, 2019

Nov. 4, 2019

PACER

Status Conference

Nov. 4, 2019

Nov. 4, 2019

PACER
36

MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Status Conference held 11/13/19. Order: Resetting the following deadlines: Defendants' Dispositive motion due by 1/15/2020. Plaintiff's Response to dispositive motion and cross-motion due by 2/21/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 3/20/2020. Plaintiff's Reply to cross-motion due by 4/17/2020. All other case management deadlines are Stayed at this time. Defendants shall submit a declaration within 30 days of the date of this order if they are unable to comply; the declaration must detail why the current 90 day production schedule is unfeasible and include a proposed compliance date. Order: Setting a further Telephonic Status Conference for 2/10/2020 at 1:30PM in Portland Chambers before Magistrate Judge Jolie A. Russo. Alicia LeDuc; Derek Green; Leland Baxter-Neal present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER

Scheduling Conference

Nov. 14, 2019

Nov. 14, 2019

PACER
37

Unopposed Motion to Modify the Scheduling Order. Filed by All Defendants. (Danielson, Kevin) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
38

Declaration of Toni Fuentes . Filed by All Defendants. (Related document(s): Motion - Miscellaneous 37 .) (Danielson, Kevin) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

PACER
39

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendants' Unopposed Motion to Modify the Scheduling Order (Motion for Extension of Time) 37 as follows: ICE will submit a detailed declaration explaining the reason it needs more time and ask until 3/27/2020, to provide the documents with the domain names unredacted. Consistent with the above, ICE will apply good faith efforts to make rolling monthly productions of documents with the domain names unredacted to ACLU of Oregon, with production of such records to be complete in all events by 3/27/2020. ICE will provide to Plaintiff a summary of its search by 1/10/2020, that will provide the categories of employees who conducted the search, the data bases that were searched, and the search terms. Plaintiff agrees to identify by 1/20/2020: (i) specific records by BATES number being challenged, (ii) an additional sample set of produced records challenged on exemption grounds, (iii) whether Plaintiff challenges the adequacy of the search, and (iv) any additional outstanding issues for summary judgment. Defendants' Dispositive motion due by 3/2/2020. Plaintiff's Response to dispositive motion and cross-motion due by 4/6/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 5/4/2020. Plaintiff's Reply to cross-motion due by 6/1/2020. (gm) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER

1 - Scheduling

Dec. 16, 2019

Dec. 16, 2019

PACER
40

ORDER issued by Magistrate Judge Jolie A. Russo: Resetting the Telephonic Status Conference from 2/10/2020 at 1:30PM to 3/30/2020 at 1:30PM in Portland Chambers before Magistrate Judge Jolie A. Russo. (gm) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
41

Unopposed Motion for Extension of Time . Filed by All Defendants. (Danielson, Kevin) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER

Order on Motion for Extension of Time

Feb. 28, 2020

Feb. 28, 2020

PACER
42

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Defendant's Unopposed Motion for Extension of Time 41 as follows: Defendants' Dispositive motion due by 3/6/2020. Plaintiff's Response to dispositive motion and cross-motion due by 4/13/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 5/11/2020. Plaintiff's Reply to cross-motion due by 6/8/2020. (gm) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

PACER
43

Motion for Extension of Time . Filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Danielson, Kevin) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
44

Response in Opposition to Motion for Extension of Time 43 . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 03/09/2020)

March 9, 2020

March 9, 2020

PACER
45

Reply in Support to Motion for Extension of Time 43 . Filed by All Defendants. (Danielson, Kevin) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER

Order on Motion for Extension of Time

March 12, 2020

March 12, 2020

PACER
46

ORDER issued by Magistrate Judge Jolie A. Russo: Defendant's Motion for Extension of Time 43 is Granted. Defendant represents both that the information contained in its pending motion came directly from ICE's counsel and there are no further details to add via a declaration, and that ICE is on track to produce the remaining domain-name documents prior to the current deadline. In addition, defendant represents that the erroneous Vaughn index is a draft document that was not finalized, but nonetheless a finalized and corrected version will be produced pursuant to defendant's motion for summary judgment. Finally, defendant has agreed to produce a complete set of documents as soon as the corrected Vaughn index is finished; until that time, the complete set of documents to be re-released cannot be determined. Accordingly, none of the conditions requested by plaintiff in regard to defendant's proposed extension, which they do not oppose, appear warranted. Any remaining issues regarding production or the Vaughn index can be raised at the Telephone Status Conference scheduled for 3/30/2020. The dispositive motion briefing schedule is extended as follows: Defendants' Dispositive motion due by 4/3/2020. Plaintiff's Response to dispositive motion and cross-motion due by 5/11/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 6/8/2020. Plaintiff's Reply to cross-motion due by 7/6/2020. (gm) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

PACER
47

MINUTES OF PROCEEDINGS before Magistrate Judge Jolie A. Russo: Telephonic Status Conference held 3/30/20. Order: ICE to produce the renumbered and corrected domain-name documents to plaintiffs by 4/6/2020. The dispositive motion briefing schedule is extended as follows: Defendants' Dispositive motion due by 4/7/2020. Plaintiff's Response to dispositive motion and cross-motion due by 5/15/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 6/12/2020. Plaintiff's Reply to cross-motion due by 7/10/2020. Alicia LeDuc; Leland Baxter-Neal present as counsel for plaintiff(s). Kevin Danielson present as counsel for defendant(s). Court Reporter: (None). (gm) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Scheduling Conference

March 30, 2020

March 30, 2020

PACER
48

Motion for Summary Judgment . Filed by All Defendants. (Danielson, Kevin) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER

1 - Scheduling

April 7, 2020

April 7, 2020

PACER
49

Declaration of Fernando Pineiro . Filed by All Defendants. (Related document(s): Motion for Summary Judgment 48 .) (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (Danielson, Kevin) (Entered: 04/07/2020)

1 Exhibit 1

View on RECAP

2 Exhibit 2

View on PACER

April 7, 2020

April 7, 2020

PACER
50

ORDER issued by Magistrate Judge Jolie A. Russo: Setting Defendants' Motion for Summary Judgment 48 on the under advisement calendar of 7/13/2020. (gm) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

PACER
51

Unopposed Motion for Extension of Time to File a Response/Reply Plaintiff's Motion to Modify Scheduling Order to Motion for Summary Judgment 48 . Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER
52

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Motion for Extension of Time 51 as follows: Plaintiff's Response to dispositive motion and cross-motion due by 6/15/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 7/13/2020. Plaintiff's Reply to cross-motion due by 8/10/2020. Order: Resetting Defendants' Motion for Summary Judgment 48 from 7/13/2020 to the under advisement calendar of 8/17/2020. (gm) (Entered: 05/12/2020)

May 12, 2020

May 12, 2020

PACER

Order on Motion for Extension of Time to File Response/Reply to Motion

May 13, 2020

May 13, 2020

PACER
53

Unopposed Motion for Extension of Time Unopposed Motion to Modify Scheduling Order. Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

PACER
54

ORDER issued by Magistrate Judge Jolie A. Russo: Granting Plaintiff's Unopposed Second Motion for Extension of Time 53 as follows: Plaintiff's Response to dispositive motion and cross-motion due by 7/15/2020. Defendants' Reply to response to dispositive motion and response to cross-motion due by 8/12/2020. Plaintiff's Reply to cross-motion due by 9/9/2020. Order: Resetting Defendants' Motion for Summary Judgment 48 from 8/17/2020 to the under advisement calendar of 9/14/2020. (gm) (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER

Order on Motion for Extension of Time

June 15, 2020

June 15, 2020

PACER
55

ORDER issued by Magistrate Judge Jolie A. Russo: As this case is reported tentatively settled, the parties shall submit Final Papers on or before 7/24/2020. All pending motions are Denied as Moot with leave to revisit if the settlement is not consummated. (gm) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

PACER
56

Stipulation of Dismissal with Prejudice by American Civil Liberties Union of Oregon, Inc.. Filed by American Civil Liberties Union of Oregon, Inc.. (Green, Derek) (Entered: 07/14/2020)

July 14, 2020

July 14, 2020

RECAP

1 - Scheduling

July 14, 2020

July 14, 2020

PACER
57

ORDER OF DISMISSAL: Based on the parties' Stipulation of Dismissal 56, it is Ordered that this action is Dismissed with prejudice and without an award of costs or fees to any party. Pending motions, if any, are Denied as Moot. Signed on 7/15/20 by Magistrate Judge Jolie A. Russo. (gm) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

RECAP

Case Details

State / Territory: Oregon

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 7, 2018

Closing Date: July 14, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

ACLU of Oregon

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, 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:

Document/information produced

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Access to lawyers or judicial system

Access to public accommodations - governmental

False arrest

Government Services

Racial profiling

Record-keeping

Records Disclosure

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Criminal prosecution

ICE/DHS/INS raid

Immigration lawyers

Undocumented immigrants - rights and duties

National Origin/Ethnicity:

Hispanic