Case: American Civil Liberties Union Foundation v. Department of Justice

3:19-cv-00290 | U.S. District Court for the Northern District of California

Filed Date: Jan. 17, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about transparency into government surveillance. The ACLU (the plaintiffs) sued various branches of the federal government (the defendants) including the Department of Justice, FBI, and Department of Homeland Security for failing to timely produce records related to social media surveillance. The ACLU filed suit in the U.S. District Court for the Northern District of California on January 17, 2019. The case was assigned to Judge Edward M. Chen. On May 24, 2018, the ACLU submitted…

This is a case about transparency into government surveillance. The ACLU (the plaintiffs) sued various branches of the federal government (the defendants) including the Department of Justice, FBI, and Department of Homeland Security for failing to timely produce records related to social media surveillance. The ACLU filed suit in the U.S. District Court for the Northern District of California on January 17, 2019. The case was assigned to Judge Edward M. Chen.

On May 24, 2018, the ACLU submitted a FOIA request to the defendants, seeking five types of records related to social media surveillance: (1) social media surveillance-related policies and guidance; (2) records concerning the purchase or acquisition of social media surveillance technologies; (3) communications to or from private businesses concerning social media surveillance products; (4) communications to or from social media platforms concerning surveillance of social media content; and (5) records concerning the use or incorporation of social media content within systems or programs that make use of algorithms, machine-learning processes, or predictive analytics applications.

The ACLU sought these records because it received information that the FBI, in conjunction with other federal agencies, had planned to acquire social media monitoring software that would give it full access to Twitter data, and had moreover secretly established a social media surveillance task force. In particular, the ACLU was concerned about the chilling effect such policies would have on First Amendment expression. With the records not produced seven months later, plaintiffs began this suit.

On September 6, 2019, the FBI filed a motion for partial summary judgment arguing that it should be exempt from the FOIA request because confirming or denying the agency’s existence of pertinent records would reveal too much about a law enforcement technique. Following a hearing, the court denied the defendant’s motion. Examining Exemption 7(E) of FOIA, which the FBI had invoked, the court stated that “exemptions to FOIA are to be narrowly construed” and the burden of proof rested with the government. The court found unconvincing the FBI’s argument that revealing an absence of records would suggest the agency’s lack of capability to surveil and trigger the “techniques and procedures” exemption of 7(E). Moreover, the court dismissed as insufficient the agency’s broad deterrence argument that revelation of its social media surveillance policies (particularly a lack thereof) would embolden criminal activity to exploit weaknesses.

Subsequently, the parties began discussions for the defendants to produce requested documents, subject to appropriate claims of government privilege. By January 28, 2021, the defendants had produced an initial set of documents. More followed June 10, 2021. However, as of April 8, 2022, the ACLU continues to seek more information with additional disclosures pending.

Summary Authors

Achutha Raman (4/8/2022)

Documents in the Clearinghouse

Document
1

3:19-cv-00290

Complaint for Injunctive Relief for Violation of the Freedom of Information Act

Jan. 17, 2019

Jan. 17, 2019

Complaint
31

3:19-cv-00290

Defendant's Notice and Motion for Partial Summary Judgment with Respect to FBI

American Civil Liberties Union Foundation v. United States Department of Justice

Sept. 6, 2019

Sept. 6, 2019

Pleading / Motion / Brief
150

3:19-cv-00290

Amended Order Granting in Part and Denying in Part Cross-Motions for Partial Summary Judgment

American Civil Liberties Union Foundation v. U.S. Department of Justice

2021 WL 4481784

Sept. 30, 2021

Sept. 30, 2021

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8508277/american-civil-liberties-union-foundation-v-department-of-justice/

Last updated July 23, 2022, 3:17 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive Relief for Violation of the Freedom of Information Act against Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, (Filing Fee: $400.00, receipt number 0971-13010965). Filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: #(1) Civil Cover Sheet)(Cagle, Matthew) (Filed on 1/17/2019) Modified on 1/18/2019 (tnS, COURT STAFF). (Entered: 01/17/2019)

1 Civil Cover Sheet

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Jan. 17, 2019

Jan. 17, 2019

Clearinghouse
2

Proposed Summons. (Cagle, Matthew) (Filed on 1/17/2019) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

RECAP
3

CERTIFICATE OF SERVICE filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation of Certification of Interested Entities or Persons (Cagle, Matthew) (Filed on 1/17/2019) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

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4

MOTION for Leave to Appear in Pro Hac Vice, (Filing Fee: $310.00, receipt number 0971-13010990) (Filing Fee Previously Paid on 1/17/2019) filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 1/17/2019) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

RECAP
5

Case assigned to Magistrate Judge Sallie Kim. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 1/31/2019. (srnS, COURT STAFF) (Filed on 1/17/2019) (Entered: 01/17/2019)

Jan. 17, 2019

Jan. 17, 2019

PACER
6

ORDER by Magistrate Judge Sallie Kim granting 4 Motion for Pro Hac Vice. (sklc2S, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

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7

Initial Case Management Scheduling Order with ADR Deadlines: Joint Case Management Statement due by 4/15/2019. Initial Case Management Conference set for 4/22/2019 at 1:30 PM in San Francisco, Courtroom C, 15th Floor. (tnS, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

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8

Summons Issued as to Defendants Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection & U.S. Immigration and Customs Enforcement. (tnS, COURT STAFF) (Filed on 1/18/2019) (Entered: 01/18/2019)

Jan. 18, 2019

Jan. 18, 2019

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9

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation.. (Handeyside, Hugh) (Filed on 1/30/2019) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

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10

SUMMONS Returned Executed (FOIA) by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. Department of Homeland Security served on 1/23/2019, answer due 2/22/2019; Department of Justice served on 1/23/2019, answer due 2/22/2019; Department of State served on 1/23/2019, answer due 2/22/2019; Federal Bureau of Investigation served on 1/23/2019, answer due 2/22/2019; U.S. Citizenship and Immigration Services served on 1/23/2019, answer due 2/22/2019; U.S. Customs and Border Protection served on 1/23/2019, answer due 2/22/2019; U.S. Immigration and Customs Enforcement served on 1/23/2019, answer due 2/22/2019. (Handeyside, Hugh) (Filed on 1/31/2019) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

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11

NOTICE of Appearance by Elizabeth Tulis (Tulis, Elizabeth) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

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12

STIPULATION to Extend Defendants' Time to Respond to the Complaint filed by Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection. (Tulis, Elizabeth) (Filed on 2/20/2019) (Entered: 02/20/2019)

Feb. 20, 2019

Feb. 20, 2019

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13

CLERK'S NOTICE Re: Consent or Declination: Defendants shall file a consent or declination to proceed before a magistrate judge by 3/8/2019. Note that any party is free to withhold consent to proceed before a magistrate judge without adverse substantive consequences. The forms are available at: http://cand.uscourts.gov/civilforms. (mklS, COURT STAFF) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

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14

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by Department of Homeland Security, Department of Justice, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.. (Tulis, Elizabeth) (Filed on 3/8/2019) (Entered: 03/08/2019)

March 8, 2019

March 8, 2019

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15

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. (mklS, COURT STAFF) (Filed on 3/11/2019) (Entered: 03/11/2019)

March 11, 2019

March 11, 2019

PACER

Clerk's Notice of Impending Reassignment - Text Only

March 11, 2019

March 11, 2019

PACER
16

ORDER REASSIGNING CASE. Case reassigned to Judge Edward M. Chen for all further proceedings. Magistrate Judge Sallie Kim no longer assigned to the case. This case is assigned to a judge who participates in the Cameras in the Courtroom Pilot Project. See General Order 65 and http://cand.uscourts.gov/cameras. Signed by the Clerk on 3/12/19. (Attachments: # 1 Notice of Eligibility for Video Recording)(srnS, COURT STAFF) (Filed on 3/12/2019) (Entered: 03/12/2019)

1 Notice of Eligibility for Video Recording

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March 12, 2019

March 12, 2019

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17

CASE MANAGEMENT ORDER IN REASSIGNED CASE: Initial Case Management Conference set for 5/2/2019 09:30 AM in San Francisco, Courtroom 05, 17th Floor. Joint Case Management Statement due by 4/25/2019. Signed by Judge Edward M. Chen on 3/13/2019. (afmS, COURT STAFF) (Filed on 3/13/2019) (Entered: 03/13/2019)

March 13, 2019

March 13, 2019

RECAP
18

ANSWER to Complaint byDepartment of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 3/25/2019) (Entered: 03/25/2019)

March 25, 2019

March 25, 2019

PACER
19

JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 4/25/2019) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

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20

Minute Entry for proceedings held before Judge Edward M. Chen: Initial Case Management Conference held on 5/2/2019. Joint Case Management Statement due by 6/5/2019. Further Case Management Conference set for 6/12/2019 10:30 AM in San Francisco, Courtroom 05, 17th Floor. See pdf image for further details.Total Time in Court: 5 Minutes. Court Reporter: Not Reported. Plaintiff Attorneys: High Handeyside, Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 5/2/2019) (Entered: 05/03/2019)

May 2, 2019

May 2, 2019

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21

JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Cagle, Matthew) (Filed on 6/5/2019) (Entered: 06/05/2019)

June 5, 2019

June 5, 2019

PACER
22

Minute Entry for proceedings held before Judge Edward M. Chen: Further Case Management Conference held on 6/12/2019. Joint letter to the Court due 6/14/2019. See pdf image for further details. Further Status Conference set for 9/5/2019 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Joint Status Report due by 8/29/2019. Total Time in Court: 26 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 6/12/2019) (Entered: 06/13/2019)

June 12, 2019

June 12, 2019

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23

AMENDED MINUTES to 22 Minutes re: Further Case Management Conference. (afmS, COURT STAFF) (Filed on 6/14/2019) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

PACER
24

Letter from Elizabeth Tulis re: Issue Raised at June 12, 2019, Status Conference. (Tulis, Elizabeth) (Filed on 6/14/2019) (Entered: 06/14/2019)

June 14, 2019

June 14, 2019

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25

STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 6/21/2019) (Entered: 06/21/2019)

June 21, 2019

June 21, 2019

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26

ORDER Re Partial Summary Judgment Briefing. Signed by Judge Edward M. Chen on 7/3/2019. (emcsec, COURT STAFF) (Filed on 7/3/2019) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

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27

STIPULATION WITH PROPOSED ORDER re 26 Order on Partial Summary Judgment Briefing filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 7/11/2019) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

RECAP

Set Motion and Deadlines/Hearings No NEF

July 11, 2019

July 11, 2019

PACER
28

Order by Judge Edward M. Chen granting 27 Stipulation Setting Briefing Schedule on Motion for Partial Summary Judgment. Motion for Partial Summary Judgment to be filed by 9/6/2019; opposition due 9/20/2019; reply due 9/27/2019; hearing to be set 10/17/2019 at 1:30 p.m.(afmS, COURT STAFF) (Filed on 7/11/2019) (Entered: 07/11/2019)

July 11, 2019

July 11, 2019

RECAP

Set/Reset Deadlines as to Responses due by 9/20/2019. Replies due by 9/27/2019. Motion Hearing set for 10/17/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 7/11/2019)

July 11, 2019

July 11, 2019

PACER
29

JOINT STATUS REPORT by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 8/29/2019) Modified on 8/30/2019 (slhS, COURT STAFF). (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
30

NOTICE of Appearance by Amy Powell (Powell, Amy) (Filed on 9/4/2019) (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
32

Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 9/5/2019. Joint Status Report due by 1/9/2020. Further Status Conference set for 1/16/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. See pdf image for further details.Total Time in Court: 14 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matthew Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 9/5/2019) (Entered: 09/06/2019)

Sept. 5, 2019

Sept. 5, 2019

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31

NOTICE AND MOTION for Partial Summary Judgment filed by Federal Bureau of Investigation. Motion Hearing set for 10/17/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Responses due by 9/20/2019. Replies due by 9/27/2019. (Attachments: # 1 Declaration of Michael G. Seidel, with exhibits, # 2 Proposed Order)(Powell, Amy) (Filed on 9/6/2019) (Entered: 09/06/2019)

1 Declaration of Michael G. Seidel, with exhibits

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2 Proposed Order

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Sept. 6, 2019

Sept. 6, 2019

Clearinghouse
33

OPPOSITION/RESPONSE (re 31 MOTION for Partial Summary Judgment ) Plaintiffs Opposition To Defendants Motion For Partial Summary Judgement filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 9/20/2019) (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

RECAP
34

Declaration of Hugh E. Handeyside in Support of 33 Opposition/Response to Motion, filed byAmerican Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P)(Related document(s) 33 ) (Handeyside, Hugh) (Filed on 9/20/2019) (Entered: 09/20/2019)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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Sept. 20, 2019

Sept. 20, 2019

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35

CLERK'S NOTICE: Motion Hearing as to 31 MOTION for Partial Summary Judgment set for 10/17/2019 is vacated and rescheduled to be heard 10/24/2019 01:30 PM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. Briefing remains unchanged. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/24/2019) (Entered: 09/24/2019)

Sept. 24, 2019

Sept. 24, 2019

PACER

~Util - Set Motion and Deadlines/Hearings

Sept. 24, 2019

Sept. 24, 2019

PACER

Clerk's Notice

Sept. 24, 2019

Sept. 24, 2019

PACER
36

REPLY in Further Support (re 31 MOTION for Partial Summary Judgment) filed by Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 9/27/2019) Modified on 9/30/2019 (slhS, COURT STAFF). (Entered: 09/27/2019)

Sept. 27, 2019

Sept. 27, 2019

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37

CLERK'S NOTICE: Due to unavailability of the Court, Motion Hearing re: 31 MOTION for Partial Summary Judgment set for 10/24/2019 is vacated and specially reset for 10/23/2019 10:00 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 10/2/2019) (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER

~Util - Set Motion and Deadlines/Hearings

Oct. 3, 2019

Oct. 3, 2019

PACER

Clerk's Notice

Oct. 3, 2019

Oct. 3, 2019

PACER
38

Minute Entry for proceedings held before Judge Edward M. Chen: Motion Hearing held on 10/23/2019; taking under submission 31 Motion for Partial Summary Judgment. Total Time in Court: 36 Minutes. Court Reporter: Ruth Ekhaus. Plaintiff Attorneys: Matthew Cagle, Hugh Handeyside. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 10/23/2019) (Entered: 10/24/2019)

Oct. 23, 2019

Oct. 23, 2019

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39

ORDER by Judge Edward M. Chen Denying 31 Defendant's Motion for Partial Summary Judgment. (emcsec, COURT STAFF) (Filed on 11/18/2019) (Entered: 11/18/2019)

Nov. 18, 2019

Nov. 18, 2019

RECAP
40

JOINT STATUS REPORT by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 1/9/2020) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

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41

Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 1/16/2020, CASE REFERRED to Magistrate Judge for Discovery. Joint Status Report due by 4/9/2020. Further Status Conference set for 4/16/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen.Total Time in Court: 26 Minutes. Court Reporter: Not Reported. Plaintiff Attorney: Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 1/16/2020) (Entered: 01/17/2020)

Jan. 16, 2020

Jan. 16, 2020

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Case Referred to Magistrate Judge for Discovery

Jan. 17, 2020

Jan. 17, 2020

PACER

CASE REFERRED to Magistrate Judge Robert M. Illman for Discovery (ahm, COURT STAFF) (Filed on 1/17/2020)

Jan. 17, 2020

Jan. 17, 2020

PACER
42

CLERK'S NOTICE Discovery Hearing (Dkt. 41) set for 2/5/2020 10:00 AM in McKinleyville before Magistrate Judge Robert M. Illman. Parties may appear by phone by dialing 888-684-8852/Access Code 1868782. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Filed on 1/31/2020) (Entered: 01/31/2020)

Jan. 31, 2020

Jan. 31, 2020

PACER

Clerk's Notice

Jan. 31, 2020

Jan. 31, 2020

PACER
43

PDF with attached Audio File. Court Date & Time [ 2/5/2020 10:04:05 AM ]. File Size [ 7824 KB ]. Run Time [ 00:16:18 ]. (courtspeak). (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER

Discovery Hearing

Feb. 5, 2020

Feb. 5, 2020

PACER
44

Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 2/5/2020. Parties shall meet and confer and file individual letter briefs. Briefs due no later than two weeks from this date. FTR Time: 10:04-10:20. Plaintiff Attorney: Hugh Handeyside by phone. Defendant Attorney: Elizabeth Tulis by phone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 2/5/2020) (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

PACER
45

Letter from Elizabeth Tulis Letter Brief re: Plaintiffs' Demand for Production Deadline. (Attachments: # 1 Exhibit - FOIA Request, # 2 Exhibit - Declaration of David M. Hardy, # 3 Exhibit - Declaration of Vanessa R. Brinkmann, # 4 Exhibit - Declaration of Eric F. Stein, # 5 Exhibit - Declaration of Melissa Smislova, # 6 Exhibit - Declaration of James V.M.L. Holzer)(Tulis, Elizabeth) (Filed on 2/19/2020) (Entered: 02/19/2020)

1 Exhibit - FOIA Request

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2 Exhibit - Declaration of David M. Hardy

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3 Exhibit - Declaration of Vanessa R. Brinkmann

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4 Exhibit - Declaration of Eric F. Stein

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5 Exhibit - Declaration of Melissa Smislova

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6 Exhibit - Declaration of James V.M.L. Holzer

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Feb. 19, 2020

Feb. 19, 2020

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46

Letter from Matthew Cagle Letter Brief re: Plaintiffs' Demand for Production Deadline . (Cagle, Matthew) (Filed on 2/19/2020) (Entered: 02/19/2020)

Feb. 19, 2020

Feb. 19, 2020

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47

CLERK'S NOTICE Discovery Hearing (dkts. 45 & 46) set for 4/14/2020 at 11:00 AM in McKinleyville before Magistrate Judge Robert M. Illman. Parties shall submit a Joint Status Update 3 days prior to the hearing. Parties shall appear by phone by dialing 888-684-8852/Access Code 1868782. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1s, COURT STAFF) (Filed on 3/18/2020) (Entered: 03/18/2020)

March 18, 2020

March 18, 2020

PACER

Clerk's Notice Setting Telephone Conference

March 18, 2020

March 18, 2020

PACER
48

CLERK'S NOTICE CONVERTING STATUS CONFERENCE SET FOR APRIL 16, 2020 TO TELEPHONIC. Telephonic Status Conference set 4/16/2020 at 10:30 a.m. Parties to make arrangements to appear through Court Call by calling: 1-888-882-6878. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 3/25/2020) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

PACER

Clerk's Notice

March 25, 2020

March 25, 2020

PACER
49

Joint Status Report filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 4/9/2020) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

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50

Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 4/14/2020.Parties will submit an update within 21 days. AT&T Conference Time: 11:02-11:25. Plaintiff Attorneys: Matthew Cagle and Hugh Handeyside both by phone. Defendant Attorney: Elizabeth Tulis by phone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 4/14/2020) (Entered: 04/14/2020)

April 14, 2020

April 14, 2020

PACER

Discovery Hearing

April 14, 2020

April 14, 2020

PACER
51

CLERK'S NOTICE RE IMPORTANT CALL-IN INFORMATION FOR TELEPHONIC CONFERENCE SET 4/16/2020 at 10:30 AM: Parties are to call 1-888-684-8852/access code: 6662706 to join the conference. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 4/15/2020) (Entered: 04/15/2020)

April 15, 2020

April 15, 2020

PACER

Clerk's Notice

April 15, 2020

April 15, 2020

PACER
52

Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 4/16/2020. See pdf image for further details. Joint Status Report due by 6/11/2020. Further Status Conference set for 6/18/2020 10:30 AM in San Francisco, Courtroom 05, 17th Floor before Judge Edward M. Chen.Total Time in Court: 20 Minutes. Court Reporter: Katherine Sullivan. Plaintiff Attorney: Hugh Handiside. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 4/16/2020) (Entered: 04/17/2020)

April 16, 2020

April 16, 2020

RECAP
53

STATUS REPORT Joint Status Report by Department of Homeland Security, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 5/5/2020) (Entered: 05/05/2020)

May 5, 2020

May 5, 2020

RECAP
54

ORDER. The parties shall submit a further joint status update by June 5, 2020. Signed by Judge Robert M. Illman on 05/07/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1s, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Order

May 7, 2020

May 7, 2020

PACER
55

STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 6/5/2020) (Entered: 06/05/2020)

June 5, 2020

June 5, 2020

RECAP
56

ORDER. The parties shall submit a further joint status update by July 6, 2020. Signed by Judge Robert M. Illman on 06/10/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 6/10/2020) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER

Order

June 10, 2020

June 10, 2020

PACER
57

Joint Status Report by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 6/11/2020) (Entered: 06/11/2020)

June 11, 2020

June 11, 2020

RECAP
58

CLERKS NOTICE CONVERTING STATUS CONFERENCE TO ZOOM HEARING. Status Conference set for 6/18/2020 10:30 AM in San Francisco before Judge Edward M. Chen. For Zoom connection, see: https://apps.cand.uscourts.gov/telhrg/This proceeding will be a Zoom video conferencing webinar. PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III.All participating counsel shall enter the proceeding as Attendees and then promoted to the virtual well of the Court after raising hand.All counsel, members of the public and press please click the link or use the information below to join the webinar: https://cand-uscourts.zoomgov.com/j/1609601324?pwd=NE9adStxcFN5d1F4L0lZSE8yVEc0UT09Meeting ID: 160 960 1324Password: 756729Dial by your location+1 929 205 6099 US (New York)+1 253 215 8782 US+1 301 715 8592 US+1 312 626 6799 US (Chicago)+1 346 248 7799 US (Houston)+1 669 900 6833 US (San Jose)Find your local number: https://zoom.us/u/ac4JkPfcjoFor important information and guidance on technical preparation, please see https://www.cand.uscourts.gov/zoom/. Status Conference set for 6/18/2020 10:30 AM in San F rancisco before Judge Edward M. Chen. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 6/17/2020) (Entered: 06/17/2020)

June 17, 2020

June 17, 2020

PACER

Clerk's Notice Setting Zoom Hearing

June 17, 2020

June 17, 2020

PACER
59

Minute Entry for proceedings held before Judge Edward M. Chen: Status Conference held on 6/18/2020. Joint Case Management Statement due by 9/10/2020. Further Case Management Conference set for 9/17/2020 10:30 AM in San Francisco. Court also requested proposed briefing schedule for Motion for Summary Judgment. Proposed briefing schedule due 8/31/2020. See pdf image for further details.Total Time in Court: 18 Minutes. Court Reporter: Ana Dub. Plaintiff Attorneys: Hugh Handeyside, Matt Cagle. Defendant Attorney: Elizabeth Tulis. Attachment: Minute Order. (afmS, COURT STAFF) (Date Filed: 6/18/2020) (Entered: 06/23/2020)

June 18, 2020

June 18, 2020

RECAP
60

Joint MOTION for Extension of Time to File Joint Status Report filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 7/2/2020) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

RECAP
61

Order by Magistrate Judge Robert M. Illman granting 60 Motion for Extension of Time to File.(glmS, COURT STAFF) (Filed on 7/6/2020) (Entered: 07/06/2020)

July 6, 2020

July 6, 2020

RECAP
62

Joint MOTION for Extension of Time to File Joint Status Report filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

RECAP
63

Order by Magistrate Judge Robert M. Illman granting 62 Motion for Extension of Time to File. Pursuant to the parties stipulation, the deadline to file their joint status update is hereby extended to July 17, 2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 7/13/2020) (Entered: 07/13/2020)

July 13, 2020

July 13, 2020

PACER

Order on Motion for Extension of Time to File

July 13, 2020

July 13, 2020

PACER
64

STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 7/17/2020) (Entered: 07/17/2020)

July 17, 2020

July 17, 2020

RECAP
65

STATUS REPORT Joint Status Report with Corrected Signature Block by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 7/23/2020) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

RECAP
66

ORDER. The parties shall submit a further joint status update by 8/24/2020. Signed by Judge Robert M. Illman on 07/23/2020. (This is a text-only entry generated by the court. There is no document associated with this entry.) (rmilc1, COURT STAFF) (Filed on 7/23/2020) (Entered: 07/23/2020)

July 23, 2020

July 23, 2020

PACER

~Util - Set Deadlines AND Order

July 23, 2020

July 23, 2020

PACER
67

STATUS REPORT Joint Status Report by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 8/24/2020) (Entered: 08/24/2020)

Aug. 24, 2020

Aug. 24, 2020

RECAP
68

CLERKS NOTICE SETTING TELEPHONIC HEARING. Discovery Hearing set for 9/2/2020 before Magistrate Judge Robert M. Illman. This proceeding will be held by AT&T Conference Line. The court circulates the following conference number to allow the equivalent of a public hearing by telephone.For conference line information, see: https://apps.cand.uscourts.gov/telhrg/ All counsel, members of the public and press please use the following dial-in information below to access the conference line: Dial In: 888-684-8852Access Code: 1868782The Court may be in session with proceedings in progress when you connect to the conference line. Therefore, mute your phone if possible and wait for the Court to address you before speaking on the line. For call clarity, parties shall NOT use speaker phone or earpieces for these calls, and where at all possible, parties shall use landlines.PLEASE NOTE: Persons granted access to court proceedings held by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited. See General Order 58 at Paragraph III. (Related documents(s) 67 ) (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Filed on 8/25/2020) (Entered: 08/25/2020)

Aug. 25, 2020

Aug. 25, 2020

PACER

~Util - Telephonic Hearing (AT&T) AND Clerk's Notice Setting Telephonic Hearing (AT&T)

Aug. 25, 2020

Aug. 25, 2020

PACER
69

STIPULATION WITH PROPOSED ORDER To Continue Status Conference filed by Department of Homeland Security, Department of State, Federal Bureau of Investigation, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Justice. (Tulis, Elizabeth) (Filed on 8/27/2020) (Entered: 08/27/2020)

Aug. 27, 2020

Aug. 27, 2020

RECAP
70

Order by Magistrate Judge Robert M. Illman granting 69 Stipulation. Discovery Hearing reset for 9/8/2020 before Magistrate Judge Robert M. Illman. Appearance instructions remain the same. (glmS, COURT STAFF) (Filed on 8/28/2020) (Entered: 08/28/2020)

Aug. 28, 2020

Aug. 28, 2020

PACER
71

STATUS REPORT Joint Status Report with Proposed Briefing Schedule by Department of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Tulis, Elizabeth) (Filed on 8/31/2020) Modified on 9/2/2020 (afmS, COURT STAFF). (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER
72

Order by Judge Edward M. Chen granting 71 Status Report. Briefing schedule for cross-motions for motion for summary judgment: defendant's opening brief due 11/9/2020; plaintiff's cross-motion and opposition due 12/4/2020; defendant's reply and opposition due 1/20/2021; hearing on cross-motion due 2/4/2021 at 1:30 PM before Judge Edward M. Chen.(afmS, COURT STAFF) (Filed on 9/2/2020) (Entered: 09/02/2020)

Sept. 2, 2020

Sept. 2, 2020

RECAP

Set Motion and Deadlines/Hearings No NEF

Sept. 2, 2020

Sept. 2, 2020

PACER

Set/Reset Deadlines as to Responses due by 11/9/2020. Replies due by 12/4/2020. Motion Hearing set for 2/4/2021 01:30 PM in San Francisco before Judge Edward M. Chen. (afmS, COURT STAFF) (Filed on 9/2/2020)

Sept. 2, 2020

Sept. 2, 2020

PACER
73

Minute Entry for proceedings held before Magistrate Judge Robert M. Illman: Discovery Hearing held on 9/8/2020.Plaintiff to prepare proposed order, allow for defense counsel review, and submit/file by September 14, 2020. Next update due in no more than 30 days. FTR Time: 10:10-10:35 AT&T Teleconference Recording. Plaintiff Attorneys: Matthew Cagle and Hugh Handeyside. Defendant Attorney: Elizabeth Tulis. (This is a text-only entry generated by the court. There is no document associated with this entry.) (glmS, COURT STAFF) (Date Filed: 9/8/2020) (Entered: 09/08/2020)

Sept. 8, 2020

Sept. 8, 2020

PACER

Discovery Hearing

Sept. 8, 2020

Sept. 8, 2020

PACER
74

STATUS REPORT Joint Status Report by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Handeyside, Hugh) (Filed on 9/10/2020) (Entered: 09/10/2020)

Sept. 10, 2020

Sept. 10, 2020

RECAP
75

Proposed Order by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. (Cagle, Matthew) (Filed on 9/14/2020) Modified on 9/15/2020 (wsnS, COURT STAFF). (Entered: 09/14/2020)

Sept. 14, 2020

Sept. 14, 2020

RECAP
76

CLERKS NOTICE CONVERTING FURTHER CASE MANAGEMENT CONFERENCE TO ZOOM HEARING. Further Case Management Conference set for 9/17/2020 10:30 AM in San Francisco. This proceeding will be held via a Zoom webinar.Webinar Access: All counsel, members of the public, and media may access the webinar information at https://www.cand.uscourts.gov/emcGeneral Order 58. Persons granted access to court proceedings he ld by telephone or videoconference are reminded that photographing, recording, and rebroadcasting of court proceedings, including screenshots or other visual copying of a hearing, is absolutely prohibited.Zoom Guidance and Setup: https://www.cand.uscourts.gov/zoom/. Further Case Management Conference set for 9/17/2020 10:30 AM in San Francisco. (This is a text-only entry generated by the court. There is no document associated with this entry.) (afmS, COURT STAFF) (Filed on 9/15/2020) (Entered: 09/15/2020)

Sept. 15, 2020

Sept. 15, 2020

PACER