Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Support the Civil Rights Litigation Clearinghouse?

The Civil Rights Litigation Clearinghouse is committed to making information about civil rights lawsuits public, accessible, and free. If you use our--recently revamped--website and the posted documents and information, would you consider a donation? Our small but mighty team relies principally on grant funding and donations. Can you help?

Thank you!

DONATE

Case: Nightingale v. U.S. Citizenship and Immigration Services

3:19-cv-03512 | U.S. District Court for the Northern District of California

Filed Date: June 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On June 16, 2019, plaintiffs – three immigration attorneys and two noncitizens who filed FOIA (FOIA) requests for individual immigration case files (known as A-Files) – filed this class-action suit in the United States District Court for the Northern District of California. The plaintiffs sued U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and U.S. Immigration and Customs Enforcement (ICE), alleging that the defendants had a nationwide pattern or p…

On June 16, 2019, plaintiffs – three immigration attorneys and two noncitizens who filed FOIA (FOIA) requests for individual immigration case files (known as A-Files) – filed this class-action suit in the United States District Court for the Northern District of California. The plaintiffs sued U.S. Citizenship and Immigration Services (USCIS), the Department of Homeland Security (DHS), and U.S. Immigration and Customs Enforcement (ICE), alleging that the defendants had a nationwide pattern or practice of failing to make determinations regarding A-File requests within the time period of 30 days as mandated by 5 U.S.C. § 552(a)(b), the FOIA statute. Plaintiffs, represented by the American Immigration Council and the Northwest Immigrant Rights Project, sought declaratory relief that defendants’ failure to make timely determinations on plaintiffs’ and proposed classes’ A-File FOIA requests violates FOIA, and a nationwide injunction requiring defendants to make timely determinations. The case was assigned to Magistrate Judge Laurel Beeler.

The plaintiffs argued that A-Files are crucial to determining a noncitizen's eligibility to apply for an immigration benefit and to change their existing immigration status. The only way that a noncitizen or her attorney can obtain an A-File is to submit an FOIA request. USCIS' FOIA backlog--which more than doubled between 2015 and 2017, despite no increase in requests--had resulted in average processing time for FOIA requests of 55-90 days, exceeding the 30-day deadline. The plaintiffs also asserted that USCIS exacerbated these delays by referring portions of requests to ICE, which also has a considerable backlog, resulting in further delay and incomplete record retrieval. The plaintiffs alleged that these backlogs and delays demonstrate a pattern or practice of unreasonable delay in responding to FOIA requests and that these delays caused "emotional and financial hardship for individuals left in legal limbo" while waiting to obtain these records.

On July 2, 2019, the case was reassigned to Judge William H. Orrick because the parties did not consent to the jurisdiction of a magistrate judge.

On August 8, 2019, the plaintiffs filed a Motion for Class Certification, seeking certification for two proposed classes. The first proposed class ("USCIS Class") consisted of "all individuals who filed, or will file, A-File FOIA requests with USCIS which have been pending, or will be pending, with USCIS for more than 30 business days without a determination." The second proposed class ("ICE Referral Class") consisted of "All individuals who filed, or will file, A-File FOIA requests with USCIS that USCIS has referred, or will refer, to ICE and which have been pending, or will be pending, for more than 30 business days from the date of the initial filing with USCIS without a determination."

On October 15, 2019, Judge Orrick granted the Motion for Class Certification, concluding that the plaintiffs met their burden for certification of both the "USCIS Class" and the "ICE Referral Class." 2019 WL 5191066. Discovery took place over the summer of 2020 and on September 30, 2020, the plaintiffs filed a motion of summary judgment. The defendants responded with a cross-motion for summary judgment on October 21.

On December 17, 2020, Judge Orrick issued an opinion and order granting the plaintiff's motion for summary judgment and denying the defendants' motion. Finding that the defendants systematically failed to meet statutory FOIA deadlines, Judge Orrick granted the plaintiffs' request for declaratory relief. Judge Orrick also enjoined the defendants from failing to meet FOIA deadlines, ordered them to make determinations on all backlogged FOIA requests within 60 days of his order, and ordered them to make quarterly reports on their compliance with the FOIA.

Defendants appealed the decision to the U.S. Court of Appeals for the Ninth Circuit on February 12, 2021. Meanwhile, defendants submitted their first court-ordered status report with the district court on March 17, 2021, noting that both USCIS and ICE had made “tremendous progress” on A-File request backlogs. Specifically, in the three months following the injunction, USCIS stated that it had reduced its A-File FOIA backlog by approximately 97%, while ICE stated it had reached its goal of eliminating its A-File referral backlog entirely, with the exception of 47 A-Files with technical issues. Defendants also hired additional staff in their FOIA offices and allocated additional funds for overtime. 

On June 15, 2021, defendants submitted an additional compliance report indicating they had continued to reduce the backlog and had timely processed almost every new request received. Given this level of compliance, defendants submitted an unopposed motion to dismiss their earlier appeal pursuant to Federal Rule of Appellate Procedure 42(b), which the Ninth Circuit granted without opinion on July 30, 2021. 2021 WL 3674656. 

Back in the District Court, plaintiffs filed a consent motion for $787,500 in attorney’s fees on January 24, 2022. The court granted this motion on February 2, 2022. The parties continue to submit status reports and attend case management conferences.

This case is ongoing. 

Summary Authors

Aaron Gurley (1/27/2020)

Jonah Hudson-Erdman (1/4/2021)

Zoe Goldstein (4/28/2022)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/15800245/parties/nightingale-v-us-citizenship-and-immigration-services/


Judge(s)

Orrick, William Horsley III (California)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Creighton, Emily J. (District of Columbia)

Kang, Leila (Washington)

Kenney, Mary (District of Columbia)

Lieu, Tiffany (Massachusetts)

Realmuto, Trina (Massachusetts)

Tolchin, Stacy Eva (California)

Valenzuela, Cynthia A. (District of Columbia)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

Judge(s)

Orrick, William Horsley III (California)

Attorneys(s) for Plaintiff

Adams, Matthew (Matt) Hyrum (Washington)

Creighton, Emily J. (District of Columbia)

Kang, Leila (Washington)

Kenney, Mary (District of Columbia)

Lieu, Tiffany (Massachusetts)

Realmuto, Trina (Massachusetts)

Tolchin, Stacy Eva (California)

Valenzuela, Cynthia A. (District of Columbia)

Attorneys(s) for Defendant

Edney, Marsha S. (District of Columbia)

Handley, Cristen Cori (District of Columbia)

Skurnik, Matthew (District of Columbia)

Documents in the Clearinghouse

Document

3:19-cv-03512

Docket [PACER]

Jan. 21, 2020

Jan. 21, 2020

Docket

3:19-cv-03512

Docket [PACER]

Nightingale v. U.S. Citizenship and Immigration

Dec. 21, 2020

Dec. 21, 2020

Docket
1

3:19-cv-03512

Complaint

June 19, 2019

June 19, 2019

Complaint
47

3:19-cv-03512

Order Granting Class Certification

Oct. 15, 2019

Oct. 15, 2019

Order/Opinion
89

3:19-cv-03512

Order Granting Summary Judgment in Favor of Plaintiffs for Declaratory and Injunctive Relief; Granting Motions to Seal

Dec. 17, 2020

Dec. 17, 2020

Order/Opinion
124

3:19-cv-03512

Order Granting Plaintiffs' Motion for a Payment of Attorneys' Fees and Costs

Feb. 2, 2022

Feb. 2, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15800245/nightingale-v-us-citizenship-and-immigration-services/

Last updated Nov. 2, 2022, 3:30 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400, receipt number 0971-13449903.). Filed byZachary Nightingale, Pao Lopa, Cheryl David, Courtney McDermed, Maribel Carandang. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

RECAP
2

Civil Cover Sheet by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale . (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
3

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
4

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
5

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
6

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
7

Proposed Summons. (Realmuto, Trina) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
8

NOTICE of Appearance by Stacy Eva Tolchin as co-counsel (Tolchin, Stacy) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER
9

Case assigned to Magistrate Judge Laurel Beeler. 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 7/3/2019. (ajsS, COURT STAFF) (Filed on 6/19/2019) (Entered: 06/19/2019)

June 19, 2019

June 19, 2019

PACER

~Util - Case Assigned by Intake

June 19, 2019

June 19, 2019

PACER
10

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 9/12/2019. Initial Case Management Conference set for 9/19/2019 11:00 AM in San Francisco, Courtroom B, 15th Floor. (fabS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)

June 20, 2019

June 20, 2019

PACER
11

Summons Issued as to U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons)(fabS, COURT STAFF) (Filed on 6/20/2019) (Entered: 06/20/2019)

1 Summons

View on PACER

2 Summons

View on PACER

3 Summons

View on PACER

4 Summons

View on PACER

June 20, 2019

June 20, 2019

PACER
12

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Initial Case Management Conference previously set for 9/19/2019 is reset to 10/10/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 10/3/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 6/28/2019) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER

Clerk's Notice

June 28, 2019

June 28, 2019

PACER
13

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale.. (Realmuto, Trina) (Filed on 7/1/2019) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER
14

CLERK'S NOTICE OF IMPENDING REASSIGNMENT TO A U.S. DISTRICT COURT JUDGE: The Clerk of this Court will now randomly reassign this case to a District Judge because either (1) a party has not consented to the jurisdiction of a Magistrate Judge, or (2) time is of the essence in deciding a pending judicial action for which the necessary consents to Magistrate Judge jurisdiction have not been secured. You will be informed by separate notice of the district judge to whom this case is reassigned. ALL HEARING DATES PRESENTLY SCHEDULED BEFORE THE CURRENT MAGISTRATE JUDGE ARE VACATED AND SHOULD BE RE-NOTICED FOR HEARING BEFORE THE JUDGE TO WHOM THIS CASE IS REASSIGNED. This is a text only docket entry; there is no document associated with this notice. (ejkS, COURT STAFF) (Filed on 7/1/2019) (Entered: 07/01/2019)

July 1, 2019

July 1, 2019

PACER

Clerk's Notice of Impending Reassignment - Text Only

July 1, 2019

July 1, 2019

PACER
15

CLERK'S NOTICE Re: Motion to Relate Cases (lrcS, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER
16

ORDER REASSIGNING CASE. Case reassigned using a proportionate, random, and blind system pursuant to General Order No. 44 to Judge William H. Orrick for all further proceedings. Magistrate Judge Laurel Beeler no longer assigned to case, Notice: The assigned judge participates in the Cameras in the Courtroom Pilot Project. See General Order No. 65 and http://cand.uscourts.gov/cameras.. Signed by Clerk on 7/2/19. (Attachments: # 1 Notice of Eligibility for Video Recording)(as, COURT STAFF) (Filed on 7/2/2019) (Entered: 07/02/2019)

1 Notice of Eligibility for Video Recording

View on PACER

July 2, 2019

July 2, 2019

PACER
17

AFFIDAVIT of Service for Summons, Complaint, and case initiating documents served on Defendants, Attorney General William Barr, and US Attorney's Office for the Northern District of California on June 25, 2019, filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 7/3/2019) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
18

CASE MANAGEMENT CONFERENCE ORDER - Case Management Conference set for 9/10/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 9/3/2019. Signed by Judge William H. Orrick on 07/08/2019. (jmdS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
19

CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale of Case Management Conference Order and Judge Orrick's Standing Order for Civil Cases (Realmuto, Trina) (Filed on 7/8/2019) (Entered: 07/08/2019)

July 8, 2019

July 8, 2019

PACER
20

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13543976.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Kang, Leila) (Filed on 7/23/2019) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
21

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13545417.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Adams, Matthew) (Filed on 7/23/2019) (Entered: 07/23/2019)

July 23, 2019

July 23, 2019

PACER
22

Order by Judge William H. Orrick granting 20 Motion for Pro Hac Vice by Leila Kang. (jmdS, COURT STAFF) (Filed on 7/29/2019) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
23

Order by Judge William H. Orrick granting 21 Motion for Pro Hac Vice by Matt Adams. (jmdS, COURT STAFF) (Filed on 7/29/2019) (Entered: 07/29/2019)

July 29, 2019

July 29, 2019

PACER
24

NOTICE of Appearance by Cristen Cori Handley (Handley, Cristen) (Filed on 7/30/2019) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER
25

ANSWER to Complaint by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Handley, Cristen) (Filed on 7/31/2019) Modified on 8/1/2019 (amgS, COURT STAFF). (Entered: 07/31/2019)

July 31, 2019

July 31, 2019

PACER
26

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13575738.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Kenney, Mary) (Filed on 8/2/2019) Modified on 8/6/2019 (aaa, COURT STAFF). (Entered: 08/02/2019)

Aug. 2, 2019

Aug. 2, 2019

PACER
27

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13581757.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Certificate of Good Standing)(Creighton, Emily) (Filed on 8/5/2019) Modified on 8/6/2019 (aaa, COURT STAFF). (Entered: 08/05/2019)

1 Certificate of Good Standing

View on PACER

Aug. 5, 2019

Aug. 5, 2019

PACER
28

MOTION to Certify Class filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. Motion Hearing set for 10/2/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 8/22/2019. Replies due by 8/29/2019. (Attachments: # 1 Index of Exhibits, # 2 Declaration First Realmuto Dec., # 3 Declaration Nightingale Dec. and attachment, # 4 Declaration David Dec., # 5 Declaration McDermed Dec., # 6 Declaration Abrutyn Dec., # 7 Declaration Cleveland Dec., # 8 Declaration Hall Dec., # 9 Declaration Asch Dec., # 10 Declaration Taurel Dec. and attachment, # 11 Declaration Ellison Dec., # 12 Declaration Hansen Dec., # 13 Declaration Lee Dec., # 14 Declaration Falgout Dec., # 15 Declaration Dobrin Dec. and attachments, # 16 Declaration Phelps Dec., # 17 Declaration Second Realmuto Dec., # 18 Declaration Kenney Dec., # 19 Declaration Adams Dec., # 20 Declaration Tolchin Dec., # 21 Exhibit Lopa FOIA Status Check, # 22 Exhibit Carandang FOIA Status Check, # 23 Proposed Order)(Realmuto, Trina) (Filed on 8/8/2019) (Entered: 08/08/2019)

1 Index of Exhibits

View on PACER

2 Declaration First Realmuto Dec.

View on PACER

3 Declaration Nightingale Dec. and attachment

View on PACER

4 Declaration David Dec.

View on PACER

5 Declaration McDermed Dec.

View on PACER

6 Declaration Abrutyn Dec.

View on PACER

7 Declaration Cleveland Dec.

View on PACER

8 Declaration Hall Dec.

View on PACER

9 Declaration Asch Dec.

View on PACER

10 Declaration Taurel Dec. and attachment

View on PACER

11 Declaration Ellison Dec.

View on PACER

12 Declaration Hansen Dec.

View on PACER

13 Declaration Lee Dec.

View on PACER

14 Declaration Falgout Dec.

View on PACER

15 Declaration Dobrin Dec. and attachments

View on PACER

16 Declaration Phelps Dec.

View on PACER

17 Declaration Second Realmuto Dec.

View on PACER

18 Declaration Kenney Dec.

View on PACER

19 Declaration Adams Dec.

View on PACER

20 Declaration Tolchin Dec.

View on PACER

21 Exhibit Lopa FOIA Status Check

View on PACER

22 Exhibit Carandang FOIA Status Check

View on PACER

23 Proposed Order

View on RECAP

Aug. 8, 2019

Aug. 8, 2019

PACER
29

MOTION & [PROPOSED] ORDER for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-13613235.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Certificate of Good Standing)(Valenzuela, Claudia) (Filed on 8/15/2019) Modified on 8/16/2019 (aaaS, COURT STAFF). (Entered: 08/15/2019)

1 Certificate of Good Standing

View on PACER

Aug. 15, 2019

Aug. 15, 2019

PACER
30

MOTION to Continue Defendants' Deadline to Respond to Plaintiffs' Motion for Class Certification filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Handley, Cristen) (Filed on 8/15/2019) (Entered: 08/15/2019)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

Aug. 15, 2019

Aug. 15, 2019

PACER
31

OPPOSITION/RESPONSE (re 30 MOTION to Continue Defendants' Deadline to Respond to Plaintiffs' Motion for Class Certification ) filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Declaration Third Realmuto Dec.)(Realmuto, Trina) (Filed on 8/19/2019) (Entered: 08/19/2019)

1 Declaration Third Realmuto Dec.

View on PACER

Aug. 19, 2019

Aug. 19, 2019

PACER
32

ORDER GRANTING 30 MOTION TO CONTINUE DEFENDANTS' DEADLINE TO RESPOND TO PLAINTIFFS' 28 MOTION FOR CLASS CERTIFICATION - Response due by 9/5/2019. Signed by Judge William H. Orrick on 08/22/2019. (jmdS, COURT STAFF) (Filed on 8/22/2019) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
33

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Realmuto, Trina) (Filed on 8/29/2019) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
34

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Handley, Cristen) (Filed on 8/29/2019) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
35

JOINT CASE MANAGEMENT STATEMENT & [PROPOSED] ORDER ; filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 9/3/2019) Modified on 9/4/2019 (aaaS, COURT STAFF). (Entered: 09/03/2019)

Sept. 3, 2019

Sept. 3, 2019

PACER
36

OPPOSITION/RESPONSE (re 28 MOTION to Certify Class ) filed byU.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Jill A. Eggleston, # 2 Declaration of Toni Fuentes)(Handley, Cristen) (Filed on 9/5/2019) (Entered: 09/05/2019)

1 Declaration of Jill A. Eggleston

View on PACER

2 Declaration of Toni Fuentes

View on PACER

Sept. 5, 2019

Sept. 5, 2019

PACER
37

CLERK'S NOTICE - Case Management Conference continued to 10/2/2019 02:00 PM in San Francisco, Courtroom 02, 17th Floor (to coincide with motion hearing). (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 9/6/2019) (Entered: 09/06/2019)

Sept. 6, 2019

Sept. 6, 2019

PACER

Clerk's Notice

Sept. 6, 2019

Sept. 6, 2019

PACER
38

Order by Judge William H. Orrick granting 27 Motion for Pro Hac Vice by Emily J. Creighton. (jmdS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
39

Order by Judge William H. Orrick granting 29 Motion for Pro Hac Vice by Claudia Valenzuela. (jmdS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
40

Order by Judge William H. Orrick granting 26 Motion for Pro Hac Vice by Mary Kenney. (jmdS, COURT STAFF) (Filed on 9/9/2019) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
41

CLERK'S NOTICE ADVANCING HEARING - Hearing as to 28 MOTION to Certify Class and Initial Case Management Conference reset for 10/1/2019 03:00 PM in San Francisco, Courtroom 02, 17th Floor. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 9/11/2019) (Entered: 09/11/2019)

Sept. 11, 2019

Sept. 11, 2019

PACER
42

REPLY (re 28 MOTION to Certify Class ) filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 9/12/2019) (Entered: 09/12/2019)

Sept. 12, 2019

Sept. 12, 2019

PACER

Clerk's Notice

Sept. 12, 2019

Sept. 12, 2019

PACER

~Util - Set Motion and Deadlines/Hearings

Sept. 12, 2019

Sept. 12, 2019

PACER
43

Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 10/1/2019 re 28 MOTION to Certify Class. Motion taken under submission; written order to follow. Further Case Management Conference set for 1/21/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor. Case Management Statement due by 1/14/2020. Total Time in Court: 36 minutes. Court Reporter: Ruth Levine Ekhaus. (jmdS, COURT STAFF) (Date Filed: 10/1/2019) (Entered: 10/03/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
44

TRANSCRIPT ORDER for proceedings held on 10/1/2019 before Judge William H. Orrick by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale, for Court Reporter Ruth Ekhaus. (Kang, Leila) (Filed on 10/7/2019) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER
45

TRANSCRIPT ORDER for proceedings held on 10/01/2019 before Judge William H. Orrick by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, for Court Reporter Ruth Ekhaus. (Handley, Cristen) (Filed on 10/9/2019) (Entered: 10/09/2019)

Oct. 9, 2019

Oct. 9, 2019

PACER
46

Transcript of Proceedings held on 10/01/19, before Judge William H. Orrick. Court Reporter Ruth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 45 Transcript Order, ) Release of Transcript Restriction set for 1/9/2020. (Related documents(s) 45 ) (rreS, COURT STAFF) (Filed on 10/11/2019) (Entered: 10/11/2019)

Oct. 11, 2019

Oct. 11, 2019

PACER
47

ORDER GRANTING CLASS CERTIFICATION by Judge William H. Orrick granting 28 Motion to Certify Class. (jmdS, COURT STAFF) (Filed on 10/15/2019) (Entered: 10/15/2019)

Oct. 15, 2019

Oct. 15, 2019

RECAP
48

CORRECTED Transcript of Proceedings held on 10/1/19, before Judge William H. Orrick. Court Reporter Ruth Levine Ekhaus, RDR, FCRR, CSR No. 12219, telephone number (415)336-5223/ruth_ekhaus@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 45 Transcript Order, 44 Transcript Order ) Release of Transcript Restriction set for 1/15/2020. (Related documents(s) 45, 44 ) (rreS, COURT STAFF) (Filed on 10/17/2019) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
49

MOTION to Withdraw as Attorney for Plaintiffs filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. Motion Hearing set for 1/21/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 12/24/2019. Replies due by 12/31/2019. (Attachments: # 1 Proposed Order)(Kang, Leila) (Filed on 12/10/2019) (Entered: 12/10/2019)

1 Proposed Order

View on PACER

Dec. 10, 2019

Dec. 10, 2019

PACER
50

Order by Judge William H. Orrick granting 49 Motion to Withdraw as Attorney by Leila Kang. (jmdS, COURT STAFF) (Filed on 1/13/2020) (Entered: 01/13/2020)

Jan. 13, 2020

Jan. 13, 2020

PACER
51

CASE MANAGEMENT STATEMENT (Joint) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Exhibit Defs' Response to Pls First Set of ROGs, # 2 Exhibit Defs' Response to Pls First Set of RFPs)(Realmuto, Trina) (Filed on 1/14/2020) (Entered: 01/14/2020)

1 Exhibit Defs' Response to Pls First Set of ROGs

View on PACER

2 Exhibit Defs' Response to Pls First Set of RFPs

View on PACER

Jan. 14, 2020

Jan. 14, 2020

PACER
52

NOTICE of Appearance by Marsha S. Edney (Edney, Marsha) (Filed on 1/15/2020) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

PACER
53

Minute Entry for proceedings held before Judge William H. Orrick: Case Management Conference held on 1/21/2020. Motion Hearing set for 12/9/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. FTR Time: 2:15-2:22. (jmdS, COURT STAFF) (Date Filed: 1/21/2020) Modified on 5/15/2020: Matter transcribed by Marla Knox. (rjdS, COURT STAFF). (Entered: 01/21/2020)

Jan. 21, 2020

Jan. 21, 2020

PACER
54

Joint MOTION for Protective Order filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 3/5/2020. Replies due by 3/12/2020. (Attachments: # 1 Proposed Agreed Protective Order)(Handley, Cristen) (Filed on 2/20/2020) (Entered: 02/20/2020)

1 Proposed Agreed Protective Order

View on PACER

Feb. 20, 2020

Feb. 20, 2020

PACER
55

ORDER RE: CHANGES TO 54 AGREED PROTECTIVE ORDER. Signed by Judge William H. Orrick on 03/06/2020. (Attachments: # 1 Exhibit A) (jmdS, COURT STAFF) (Filed on 3/6/2020) (Entered: 03/06/2020)

1 Exhibit A

View on PACER

March 6, 2020

March 6, 2020

RECAP
56

PROTECTIVE ORDER by Judge William H. Orrick granting 54 Motion for Protective Order. (jmdS, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER
57

Consent MOTION for Extension of Time to Complete Discovery filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration, # 2 Proposed Order)(Handley, Cristen) (Filed on 4/30/2020) (Entered: 04/30/2020)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

April 30, 2020

April 30, 2020

PACER
58

Order by Judge William H. Orrick granting 57 Motion for Extension of Time to Complete Discovery. (jmdS, COURT STAFF) (Filed on 5/5/2020) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
59

NOTICE of Change of Address by Trina Ann Realmuto (Realmuto, Trina) (Filed on 5/5/2020) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

PACER
60

TRANSCRIPT ORDER for proceedings held on 1/21/2020 before Judge William H. Orrick by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, for Court Reporter FTR - San Francisco. (Handley, Cristen) (Filed on 5/15/2020) (Entered: 05/15/2020)

May 15, 2020

May 15, 2020

PACER
61

Transcript of Electronic Proceedings held on January 21, 2020, before Judge William H. Orrick. Court Reporter, Marla F. Knox, RPR, CRR, RMR, telephone number (602) 391-6990. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 60 Transcript Order, ) Release of Transcript Restriction set for 8/20/2020. (Related documents(s) 60 ) (mfk, COURT STAFF) (Filed on 5/22/2020) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER
62

NOTICE of Change of Address by Mary A Kenney (Kenney, Mary) (Filed on 6/2/2020) (Entered: 06/02/2020)

June 2, 2020

June 2, 2020

PACER
63

STIPULATION WITH PROPOSED ORDER for Entry of Stipulated Deposition Protocol filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 8/7/2020) (Entered: 08/07/2020)

Aug. 7, 2020

Aug. 7, 2020

PACER
64

Order for Entry of Stipulated Deposition Protocol by Judge William H. Orrick re: 63 Stipulation. (jmdS, COURT STAFF) (Filed on 8/10/2020) (Entered: 08/10/2020)

Aug. 10, 2020

Aug. 10, 2020

PACER
65

NOTICE of Substitution of Counsel by Matthew Charles Skurnik (Skurnik, Matthew) (Filed on 8/18/2020) (Entered: 08/18/2020)

Aug. 18, 2020

Aug. 18, 2020

PACER
66

MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971-14958153.) filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Certificate of Good Standing - WA State, # 2 Certificate of Admission to U.S. District Court, S.D. Texas)(Lieu, Tiffany) (Filed on 9/18/2020) (Entered: 09/18/2020)

1 Certificate of Good Standing - WA State

View on PACER

2 Certificate of Admission to U.S. District Court, S.D. Texas

View on PACER

Sept. 18, 2020

Sept. 18, 2020

PACER
67

Order by Judge William H. Orrick granting 66 Motion for Pro Hac Vice by Tiffany Lieu. (jmdS, COURT STAFF) (Filed on 9/27/2020) (Entered: 09/27/2020)

Sept. 27, 2020

Sept. 27, 2020

PACER
68

Administrative Motion to File Under Seal filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Unredacted Version of Administrative Motion to Seal, # 2 Declaration, # 3 Proposed Order (Redacted), # 4 Proposed Order (Unredacted), # 5 Redacted Version of Plaintiffs' Motion for Summary Judgment, # 6 Unredacted Version of Plaintiffs' Motion for Summary Judgment, # 7 Redacted Version of Index of Exhibits in Support of Plaintiffs' Motion for Summary Judgment, # 8 Unredacted Version of Index of Exhibits in Support of Plaintiffs' Motion for Summary Judgment)(Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

1 Unredacted Version of Administrative Motion to Seal

View on PACER

2 Declaration

View on PACER

3 Proposed Order (Redacted)

View on PACER

4 Proposed Order (Unredacted)

View on PACER

5 Redacted Version of Plaintiffs' Motion for Summary Judgment

View on PACER

6 Unredacted Version of Plaintiffs' Motion for Summary Judgment

View on PACER

7 Redacted Version of Index of Exhibits in Support of Plaintiffs' Motion for

View on PACER

8 Unredacted Version of Index of Exhibits in Support of Plaintiffs' Motion f

View on PACER

Sept. 30, 2020

Sept. 30, 2020

PACER
69

EXHIBITS re 68 Administrative Motion to File Under Seal filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Exhibit D, # 2 Exhibit L, # 3 Exhibit M, # 4 Exhibit O, # 5 Exhibit Q, # 6 Exhibit R, # 7 Exhibit S, # 8 Exhibit V, # 9 Exhibit W, # 10 Exhibit X, # 11 Exhibit AA, # 12 Exhibit BB, # 13 Exhibit FF, # 14 Exhibit GG)(Related document(s) 68 ) (Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

2

View on RECAP

4

View on RECAP

11

View on RECAP

Sept. 30, 2020

Sept. 30, 2020

RECAP
70

MOTION for Summary Judgment filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. Motion Hearing set for 12/9/2020 02:00 PM in San Francisco, Courtroom 02, 17th Floor before Judge William H. Orrick. Responses due by 10/21/2020. Replies due by 11/4/2020. (Attachments: # 1 Redacted Index of Exhibits in Support of Plaintiffs' Motion for Summary Judgment, # 2 Proposed Order)(Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

1 Redacted Index of Exhibits in Support of Plaintiffs' Motion for Summary Ju

View on PACER

2 Proposed Order

View on PACER

Sept. 30, 2020

Sept. 30, 2020

PACER
71

Declaration of Trina Realmuto in Support of 70 MOTION for Summary Judgment, 69 Exhibits to an Administrative Motion to File Under Seal, filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Declaration Zachary Nightingale (Supplemental), # 2 Declaration Matthew Hoppock, # 3 Declaration Laura St. John, # 4 Declaration Andrea Saenz, # 5 Declaration Sabrina Damast, # 6 Declaration Hans Meyer, # 7 Exhibit B - OGIS Compliance Review, # 8 Exhibit C - Ltr. from Semo, # 9 Exhibit D (filed under seal), # 10 Exhibit E - DHS Backlog Reduction Plan 2020-23, # 11 Exhibit F - Holzer Deposition Excerpts, # 12 Exhibit G - Keenan Deposition Excerpts, # 13 Exhibit H - Meckley Deposition Excerpts, # 14 Exhibit I1 - FOIA Report FY2012, # 15 Exhibit I2 - FOIA Report FY2013, # 16 Exhibit I3 - FOIA Report FY2014, # 17 Exhibit I4 - FOIA Report FY2015, # 18 Exhibit I5 - FOIA Report FY2016, # 19 Exhibit I6 - FOIA Report FY2017, # 20 Exhibit I7 - FOIA Report FY2018, # 21 Exhibit I8 - FOIA Report FY2019, # 22 Exhibit J - Defs.' Resp. to ROG 16, # 23 Exhibit K - Defs.' Resp. to ROGs 21-24, # 24 Exhibit L (filed under seal), # 25 Exhibit M (filed under seal), # 26 Exhibit N - Defs.' Resp. to RFA 11, # 27 Exhibit O (filed under seal), # 28 Exhibit P - USCIS FOIA Backlog Reduction Plan (July 2020), # 29 Exhibit Q (filed under seal), # 30 Exhibit R (filed under seal), # 31 Exhibit S (filed under seal), # 32 Exhibit T - OGIS Compliance Review of ICE, # 33 Exhibit U - Defs.' Resp. to ROGs 4-5, # 34 Exhibit V (filed under seal), # 35 Exhibit W (filed under seal), # 36 Exhibit X (filed under seal), # 37 Exhibit Y - Stmt. of Holzer before Subcommittee, # 38 Exhibit Z - Talking Points (June 2019), # 39 Exhibit AA (filed under seal), # 40 Exhibit BB (filed under seal), # 41 Exhibit CC - USCIS FOIA Backlog Reduction Project (Apr. 2020), # 42 Exhibit DD - USCIS FOIA Backlog Reduction Project (Feb. 2020), # 43 Exhibit EE - USCIS FOIA Backlog Reduction Project (July 2020), # 44 Exhibit FF (filed under seal), # 45 Exhibit GG (filed under seal))(Related document(s) 70, 69 ) (Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

RECAP
72

CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale re 69 Exhibits to an Administrative Motion to File Under Seal, 68 Administrative Motion to File Under Seal (Realmuto, Trina) (Filed on 9/30/2020) (Entered: 09/30/2020)

Sept. 30, 2020

Sept. 30, 2020

PACER
73

Application for Refund, Receipt Number 0971-14957916 by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Lieu, Tiffany) (Filed on 10/13/2020) (Entered: 10/13/2020)

Oct. 13, 2020

Oct. 13, 2020

PACER
74

Refund Status re 73 Application for Refund Approved. (rghS, COURT STAFF) (Filed on 10/16/2020) (Entered: 10/16/2020)

Oct. 16, 2020

Oct. 16, 2020

PACER
75

Cross MOTION for Summary Judgment and Opposition to 70 Plaintiffs' Motion for Summary Judgment filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Motion Hearing set for 12/9/2020 02:00 PM in To Be Determined before Judge William H. Orrick. Responses due by 11/4/2020. Replies due by 11/18/2020. (Attachments: # 1 Declaration of Cristen C. Handley, # 2 Exhibit Ex. 1 - Declaration of Tammy Meckley, # 3 Exhibit 2 - DHS Deposition Excerpts, # 4 Exhibit 3 - USCIS Deposition Excerpts, # 5 Exhibit 4 - Declaration of Fernando Pineiro, # 6 Exhibit 5 - ICE Deposition Excerpt, # 7 Exhibit 6 - Expert Declaration of Lindsay Steel, # 8 Exhibit 7 - Declaration of James Holzer, # 9 Proposed Order )(Handley, Cristen) (Filed on 10/21/2020) Modified on 10/22/2020 (mclS, COURT STAFF). (Entered: 10/21/2020)

1 Declaration Declaration of Cristen C. Handley

View on PACER

2 Exhibit Ex. 1 - Declaration of Tammy Meckley

View on PACER

3 Exhibit Ex. 2 - DHS Deposition Excerpts

View on PACER

4 Exhibit Ex. 3 - USCIS Deposition Excerpts

View on PACER

5 Exhibit Ex. 4 - Declaration of Fernando Pineiro

View on RECAP

6 Exhibit Ex. 5 - ICE Deposition Excerpt

View on PACER

7 Exhibit Ex. 6 - Expert Declaration of Lindsay Steel

View on PACER

8 Exhibit Ex. 7 - Declaration of James Holzer

View on PACER

9 Proposed Order Proposed Order

View on PACER

Oct. 21, 2020

Oct. 21, 2020

RECAP
76

Consent MOTION for Leave to File Declarations in Support of Plaintiffs' Administrative Motion to Seal filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Cristen C. Handley, # 2 Exhibit 1 - Declaration of Fernando Pineiro, # 3 Exhibit 2 - Redacted Version of Pls.' Ex. M, # 4 Exhibit 3 - Redacted Version of Pls.' Ex. Q, # 5 Exhibit 4 - Redacted Version of Pls.' Ex. R, # 6 Exhibit 5 - Redacted Version of Pls. Ex. S, # 7 Exhibit 6 - Redacted Version of Pls.' Ex. V, # 8 Exhibit 7 - Redacted Version of Pls.' Ex. W, # 9 Exhibit 8 - Redacted Version of Pls.' Ex. X, # 10 Exhibit 9 - Redacted Version of Pls.' Ex. BB, # 11 Exhibit 10 - Redacted Version of Pls.' Ex. FF, # 12 Exhibit 11 - Redacted Version of Pls.' Ex. GG, # 13 Proposed Order)(Handley, Cristen) (Filed on 10/27/2020) Modified on 10/28/2020 (slhS, COURT STAFF). (Entered: 10/27/2020)

1 Declaration of Cristen C. Handley

View on PACER

2 Exhibit 1 - Declaration of Fernando Pineiro

View on PACER

3 Exhibit 2 - Redacted Version of Pls.' Ex. M

View on PACER

4 Exhibit 3 - Redacted Version of Pls.' Ex. Q

View on PACER

5 Exhibit 4 - Redacted Version of Pls.' Ex. R

View on PACER

6 Exhibit 5 - Redacted Version of Pls. Ex. S

View on PACER

7 Exhibit 6 - Redacted Version of Pls.' Ex. V

View on PACER

8 Exhibit 7 - Redacted Version of Pls.' Ex. W

View on PACER

9 Exhibit 8 - Redacted Version of Pls.' Ex. X

View on PACER

10 Exhibit 9 - Redacted Version of Pls.' Ex. BB

View on PACER

11 Exhibit 10 - Redacted Version of Pls.' Ex. FF

View on PACER

12 Exhibit 11 - Redacted Version of Pls.' Ex. GG

View on PACER

13 Proposed Order

View on PACER

Oct. 27, 2020

Oct. 27, 2020

PACER
77

ORDER GRANTING UNOPPOSED 76 MOTION FOR LEAVE TO FILE DECLARATIONS IN SUPPORT OF PLAINTIFFS' ADMINISTRATIVE MOTION TO SEAL by Judge William H. Orrick. (jmdS, COURT STAFF) (Filed on 10/28/2020) (Entered: 10/28/2020)

Oct. 28, 2020

Oct. 28, 2020

PACER
78

Second Administrative Motion to File Under Seal filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Attachments: # 1 Declaration, # 2 Proposed Order, # 3 Plaintiffs' Opposition and Reply - Redacted, # 4 Plaintiffs' Opposition and Reply - Unredacted)(Realmuto, Trina) (Filed on 11/4/2020) (Entered: 11/04/2020)

1 Declaration

View on PACER

2 Proposed Order

View on PACER

3 Plaintiffs' Opposition and Reply - Redacted

View on PACER

4 Plaintiffs' Opposition and Reply - Unredacted

View on PACER

Nov. 4, 2020

Nov. 4, 2020

PACER
79

OPPOSITION/RESPONSE (re 70 MOTION for Summary Judgment, 75 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment ) and Reply in Support of Plaintiffs' Motion for Summary Judgment filed byMaribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 11/4/2020) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
80

CERTIFICATE OF SERVICE by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale re 79 Opposition/Response to Motion, 78 Second Administrative Motion to File Under Seal (Realmuto, Trina) (Filed on 11/4/2020) (Entered: 11/04/2020)

Nov. 4, 2020

Nov. 4, 2020

PACER
81

OPPOSITION/RESPONSE (re 78 Second Administrative Motion to File Under Seal ) filed byU.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Handley, Cristen) (Filed on 11/9/2020) (Entered: 11/09/2020)

Nov. 9, 2020

Nov. 9, 2020

PACER
82

REPLY in Support (re 75 Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment ) filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration Declaration of Cristen C. Handley, # 2 Declaration Ex. 8 - Second Declaration of Fernando Pineiro, # 3 Declaration Ex. 9 - Second Declaration of Tammy Meckley, # 4 Exhibit Ex. 10 - ICE 30(b)(6) Deposition Excerpts, # 5 Exhibit Ex. 11 - USCIS 30(b)(6) Deposition Excerpt)(Handley, Cristen) (Filed on 11/18/2020) (Entered: 11/18/2020)

1 Declaration Declaration of Cristen C. Handley

View on PACER

2 Declaration Ex. 8 - Second Declaration of Fernando Pineiro

View on PACER

3 Declaration Ex. 9 - Second Declaration of Tammy Meckley

View on PACER

4 Exhibit Ex. 10 - ICE 30(b)(6) Deposition Excerpts

View on PACER

5 Exhibit Ex. 11 - USCIS 30(b)(6) Deposition Excerpt

View on PACER

Nov. 18, 2020

Nov. 18, 2020

PACER
83

Consent ADMINISTRATIVE MOTION to Divide Time Between DOJ Counsel During MSJ Hearing filed by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 12/7/2020. (Attachments: # 1 Declaration Declaration of Cristen C. Handley, # 2 Proposed Order Proposed Order)(Handley, Cristen) (Filed on 12/3/2020) (Entered: 12/03/2020)

1 Declaration Declaration of Cristen C. Handley

View on PACER

2 Proposed Order Proposed Order

View on PACER

Dec. 3, 2020

Dec. 3, 2020

PACER
84

ORDER ON DEFENDANTS UNOPPOSED MOTION REGARDING HEARING ON CROSS-MOTIONS FOR SUMMARY JUDGMENT by Judge William H. Orrick granting 83 Administrative Motion. (jmdS, COURT STAFF) (Filed on 12/3/2020) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
85

CLERKS NOTICE SETTING ZOOM HEARING. Today's Motion Hearing set for 02:00 PM will be held via Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/who General Order 58. Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcast ing 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/. (This is a text-only entry generated by the court. There is no document associated with this entry.) (jmdS, COURT STAFF) (Filed on 12/9/2020) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER
86

Minute Entry for proceedings held before Judge William H. Orrick: Motion Hearing held on 12/9/2020. Motions taken under submission; written order to follow. Total Time in Court: 1 hour, 5 minutes. Court Reporter: Ana Dub. (jmdS, COURT STAFF) (Date Filed: 12/9/2020) (Entered: 12/09/2020)

Dec. 9, 2020

Dec. 9, 2020

PACER

Clerk's Notice Setting Zoom Hearing

Dec. 9, 2020

Dec. 9, 2020

PACER
87

TRANSCRIPT ORDER for proceedings held on 12/9/2020 before Judge William H. Orrick by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, for Court Reporter Ana Dub. (Skurnik, Matthew) (Filed on 12/11/2020) (Entered: 12/11/2020)

Dec. 11, 2020

Dec. 11, 2020

PACER
88

TRANSCRIPT ORDER for proceedings held on 12/09/2020 before Judge William H. Orrick by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale, for Court Reporter Ana Dub. (Adams, Matthew) (Filed on 12/14/2020) (Entered: 12/14/2020)

Dec. 14, 2020

Dec. 14, 2020

PACER
89

ORDER GRANTING SUMMARY JUDGMENT IN FAVOR OF PLAINTIFFS FOR DECLARATORY AND INJUNCTIVE RELIEF; GRANTING MOTIONS TO SEAL by Judge William H. Orrick. Case Management Statement due by 3/30/2021. Further Case Management Conference set for 4/6/2021 02:00 PM in San Francisco, Courtroom 02, 17th Floor. (jmdS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

RECAP
90

JUDGMENT. Signed by Judge William H. Orrick on 12/17/2020. (jmdS, COURT STAFF) (Filed on 12/17/2020) (Entered: 12/17/2020)

Dec. 17, 2020

Dec. 17, 2020

PACER
91

STIPULATION WITH PROPOSED ORDER to Extend the Deadline Under Rule 54(d) for Plaintiffs' Submission of Attorneys' Fees Motion filed by Maribel Carandang, Cheryl David, Pao Lopa, Courtney McDermed, Zachary Nightingale. (Realmuto, Trina) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

PACER
92

Order to Extend the Deadline by Judge William H. Orrick granting 91 Stipulation. (jmdS, COURT STAFF) (Filed on 12/21/2020) (Entered: 12/21/2020)

Dec. 21, 2020

Dec. 21, 2020

RECAP
93

Transcript of Remote Zoom Video Conference Proceedings held on 12/9/2020, before Judge William H. Orrick, III. Court Reporter Ana M. Dub, CSR 7445, RDR, CRR, telephone number 415-290-1651; ana_dub@cand.uscourts.gov. Per General Order No. 59 and Judicial Conference policy, this transcript may be viewed only at the Clerk's Office public terminal or may be purchased through the Court Reporter until the deadline for the Release of Transcript Restriction. After that date, it may be obtained through PACER. Any Notice of Intent to Request Redaction, if required, is due no later than 5 business days from date of this filing. (Re 87 Transcript Order, ) Release of Transcript Restriction set for 3/22/2021. (Related documents(s) 87 ) (rjdS, COURT STAFF) (Filed on 12/21/2020) (Entered: 01/08/2021)

Dec. 21, 2020

Dec. 21, 2020

PACER

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: June 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

USCIS Class: "all individuals who filed, or will file, A-File FOIA requests with USCIS which have been pending, or will be pending, with USCIS for more than 30 business days without a determination." ICE Referral Class: "All individuals who filed, or will file, A-File FOIA requests with USCIS that USCIS has referred, or will refer, to ICE and which have been pending, or will be pending, for more than 30 business days from the date of the initial filing with USCIS without a determination."

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

Northwest Immigrant Rights Project (NWIRP)

American Immigration Council's Legal Action Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

U.S. Citizenship and Immigration Services, Federal

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Amount Defendant Pays: 787500

Issues

General:

Pattern or Practice

Records Disclosure

Immigration/Border:

Admission - procedure

Immigration lawyers

Status/Classification

Visas - procedures

Work authorization - procedures