Case: Civil Rights Education and Enforcement Center v. U.S. Department of Homeland Security

1:18-cv-00302 | U.S. District Court for the District of Colorado

Filed Date: Feb. 7, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On Feb. 7, 2018, the Colorado-based nonprofit organization Civil Rights Education and Enforcement Center (CREEC) filed this suit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). The plaintiff was an organization "dedicated to protecting and defending the civil rights of individuals and educating the public concerning civil rights issues." Represented by its own counsel and by the …

On Feb. 7, 2018, the Colorado-based nonprofit organization Civil Rights Education and Enforcement Center (CREEC) filed this suit against the U.S. Department of Homeland Security (DHS) and its component U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). The plaintiff was an organization "dedicated to protecting and defending the civil rights of individuals and educating the public concerning civil rights issues." Represented by its own counsel and by the private law firm Ballard Spahr, the plaintiff filed this suit in the U.S. District Court for the District of Colorado.

According to the plaintiff, DHS operated many immigrant detention centers nationwide, including one in Adelanto, CA (the Adelanto Detention Facility [ADF]) in contract with the private-prison corporation GEO Group, and one in Gadsen, AL (the Etowah County Detention Center [ECDC]) in contract with the county sheriff's office. In both facilities, many detainees had alleged substandard conditions including inadequate medical care and mental health care, solitary confinement, and sexual assault. These conditions allegedly led to the death of detained individuals. The plaintiff sought information on conditions of confinement and the individuals detained at these facilities to inform public debate on the issue.

The plaintiff alleged that it had submitted several FOIA requests to ICE on Aug. 15 and Sept. 29, 2017, seeking records related to both the detention centers. The complaint further claimed that, to date, the plaintiff had not received a substantive response from any of the defendant agencies and that the plaintiff had constructively exhausted all required administrative remedies. The plaintiff sought a disclosure order under FOIA, legal fees, and expedited action.

On Feb. 7, 2018, this case was assigned to Judge Richard P. Matsch. The plaintiff filed an amended complaint on June 29. In the amended complaint, the plaintiff included additional facilities run by DHS whose agency records and data had not been made public despite plaintiffs’ FOIA requests. These facilities included the Denver Contract Detention Facility, located in Aurora, Colorado, which was operated by the defendants pursuant to a contract with GEO. Additionally, the Theo Lacy Facility, located in Orange County, California, was also added to the complaint. There, too, the defendants refused to make public agency records in response to the plaintiff's FOIA requests. The Theo Lacy Facility was operated by the defendants through a contract with the Orange County Sheriff’s Office. The plaintiff alleged that both facilities have been the subject of numerous complaints, investigations by nongovernmental civil rights organizations, and reports concerning substandard conditions of confinement.

The plaintiff also alleged noncompliance with a FOIA request seeking agency records as to the conditions of confinement at all facilities used by ICE for the detention of individuals during their immigration proceedings. The plaintiff claimed that the defendants exceeded the mandated statutory deadline as to all FOIA requests submitted as of the time of the filing of the first amended complaint. Accordingly, the plaintiff requested that the court declare the defendants' withholding of the requested records unlawful and enjoin any further noncompliance. Further, the plaintiff requested that the court order the defendants to make the records subject to the FOIA requests in controversy available and award the plaintiff costs and attorneys’ fees.

On May 30, 2019 this suit was reassigned to Judge John L. Kane. The plaintiff moved for leave to file second amended complaint on July 5, 2019. The defendants responded in opposition to the motion on Aug. 9, 2019.

On Sept. 16, 2019, the plaintiff and defendants filed a joint notice of potential partial settlement. While tentative, the proposal indicated that the plaintiff may withdraw its motion for sanctions and the discovery order to produce documents. It would also end the litigation surrounding the plaintiff’s opposed motion for leave to file a second amended complaint.

On January 16, 2020, Judge Kane ordered that the parties file a joint status report by February 3, 2020, indicating whether it remains necessary for the Court to rule on the plaintiff's pending motions. On February 3, 2020, the court ordered the plaintiff's motions for sanctions and order to produce documents to be withdrawn as moot. Additionally, the court stated that if an agreement could not be reached as to the documents in question the defendants should then move for summary judgment.

Before filing for summary judgment, the parties were able to reach a resolution on the plaintiff’s FOIA requests on May 6, 2020. However, the parties could not reach an agreement regarding plaintiff’s attorneys’ fees and cost. The plaintiff’s filed a motion for attorneys’ fees and costs on June 8, 2020. As of March 25, 2021, the court had yet to resolve the dispute about plaintiff's attorneys' fees and costs.

Summary Authors

Ava Morgenstern (2/17/2018)

Virginia Weeks (6/29/2018)

Mary Novakovic (11/13/2019)

Aaron Gurley (1/20/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6489176/parties/civil-rights-education-and-enforcement-center-v-united-states-department/


Judge(s)
Attorney for Plaintiff

Fox, Timothy Patrick (Colorado)

Gonzales, Amber Rose (Colorado)

Jimenez, Chad Phillip (Colorado)

Jordan, Elizabeth B. (Colorado)

Attorney for Defendant

Brenton, Kyle W. (Colorado)

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Documents in the Clearinghouse

Document

1:18-cv-00302

Docket [PACER]

Civil Rights Education and Enforcement Center v. United States Department of Homeland Security

Aug. 17, 2020

Aug. 17, 2020

Docket
1

1:18-cv-00302

Complaint

Civil Rights Education and Enforcement Center v. DHS

Feb. 7, 2018

Feb. 7, 2018

Complaint
19

1:18-cv-00302

First Amended Complaint

Civil Rights Education and Enforcement Center v. United States Department of Homeland Security

June 29, 2018

June 29, 2018

Complaint

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6489176/civil-rights-education-and-enforcement-center-v-united-states-department/

Last updated March 11, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for declaratory and injunctive relief against United States Department of Homeland Security, United States Immigration and Customs Enforcement (Filing fee $ 400,Receipt Number 1082-5934785)Attorney Thomas B. Kelley added to party Civil Rights Education and Enforcement Center(pty:pla), filed by Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit 1 - FOIA Request, # 2 Exhibit 2 - Email, # 3 Exhibit 3 - Automatic Reply, # 4 Exhibit 4 - Email, # 5 Exhibit 5 - Automatic Reply, # 6 Exhibit 6 - Email, # 7 Exhibit 7 - Email, # 8 Exhibit 8 - FOIA Request, # 9 Exhibit 9 - Email, # 10 Exhibit 10 - Automatic Reply, # 11 Exhibit 11 - FOIA Request, # 12 Exhibit 12 - Email, # 13 Exhibit 13 - Automatic Reply, # 14 Exhibit 14 - FOIA Request, # 15 Exhibit 15 - Email, # 16 Exhibit 16 - Automatic Reply, # 17 Exhibit 17 - Email, # 18 Exhibit 18 - FOIA Tracker Screenshot, # 19 Exhibit 19 - Email, # 20 Exhibit 20 - Automatic Reply, # 21 Exhibit 21 - Email, # 22 Exhibit 22 - Email, # 23 Exhibit 23 - Automatic Reply, # 24 Exhibit 24 - Email, # 25 Exhibit 25 - ICE FOIA Screenshot, # 26 Exhibit 26 - ICE FOIA Screenshot, # 27 Exhibit 27 - ICE FOIA Request, # 28 Exhibit 28 - Email, # 29 Exhibit 29 - Automatic Reply, # 30 Exhibit 30 - Email, # 31 Exhibit 31 - Email, # 32 Exhibit 32 - Email Response, # 33 Exhibit 33 - Automatic Acknowledgement, # 34 Exhibit 34 - Email, # 35 Exhibit 35 - ICE FOIA Screenshot, # 36 Exhibit 36 - ICE FOIA Screenshot, # 37 Civil Cover Sheet)(Kelley, Thomas) (Entered: 02/07/2018)

1 Exhibit 1 - FOIA Request

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2 Exhibit 2 - Email

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3 Exhibit 3 - Automatic Reply

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4 Exhibit 4 - Email

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5 Exhibit 5 - Automatic Reply

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6 Exhibit 6 - Email

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7 Exhibit 7 - Email

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8 Exhibit 8 - FOIA Request

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9 Exhibit 9 - Email

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10 Exhibit 10 - Automatic Reply

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11 Exhibit 11 - FOIA Request

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12 Exhibit 12 - Email

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13 Exhibit 13 - Automatic Reply

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14 Exhibit 14 - FOIA Request

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15 Exhibit 15 - Email

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16 Exhibit 16 - Automatic Reply

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17 Exhibit 17 - Email

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18 Exhibit 18 - FOIA Tracker Screenshot

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19 Exhibit 19 - Email

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20 Exhibit 20 - Automatic Reply

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21 Exhibit 21 - Email

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22 Exhibit 22 - Email

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23 Exhibit 23 - Automatic Reply

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24 Exhibit 24 - Email

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25 Exhibit 25 - ICE FOIA Screenshot

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26 Exhibit 26 - ICE FOIA Screenshot

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27 Exhibit 27 - ICE FOIA Request

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28 Exhibit 28 - Email

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29 Exhibit 29 - Automatic Reply

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30 Exhibit 30 - Email

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31 Exhibit 31 - Email

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32 Exhibit 32 - Email Response

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33 Exhibit 33 - Automatic Acknowledgement

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34 Exhibit 34 - Email

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35 Exhibit 35 - ICE FOIA Screenshot

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36 Exhibit 36 - ICE FOIA Screenshot

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37 Civil Cover Sheet

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Feb. 7, 2018

Feb. 7, 2018

RECAP
2

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 1 Complaint filed by attorney Thomas B. Kelley. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (rvill, ) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
3

Case assigned to Judge Richard P. Matsch and drawn to Magistrate Judge Kristen L. Mix. Text Only Entry. (rvill, ) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
4

Magistrate Judge consent form issued pursuant to 28 U.S.C. 636(c). No Summons Issued. (rvill, ) (Entered: 02/07/2018)

Feb. 7, 2018

Feb. 7, 2018

PACER
5

NOTICE of Entry of Appearance by Amber Rose Gonzales on behalf of Civil Rights Education and Enforcement CenterAttorney Amber Rose Gonzales added to party Civil Rights Education and Enforcement Center(pty:pla) (Gonzales, Amber) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
6

SUMMONS REQUEST as to U.S. Department of Homeland Security by Plaintiff Civil Rights Education and Enforcement Center. (Gonzales, Amber) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
7

SUMMONS REQUEST as to U.S. Immigration and Customs Enforcement by Plaintiff Civil Rights Education and Enforcement Center. (Gonzales, Amber) (Entered: 02/09/2018)

Feb. 9, 2018

Feb. 9, 2018

PACER
8

SUMMONS issued by Clerk as to U.S. Immigration and Customs, (Attachments: # 1 Summons as to Department of Homeland Security) (evana, ) (Entered: 02/09/2018)

1 Summons as to Department of Homeland Security

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Feb. 9, 2018

Feb. 9, 2018

PACER
9

SUMMONS Returned Executed upon defendant(s) United States Department of Homeland Security served on 2/12/2018, answer due 4/13/2018. (Gonzales, Amber) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
10

SUMMONS Returned Executed upon defendant(s) United States Immigration and Customs Enforcement served on 2/12/2018, answer due 4/13/2018. (Gonzales, Amber) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

PACER
11

NOTICE of Entry of Appearance by Mark S. Pestal on behalf of All Defendants Attorney Mark S. Pestal added to party United States Department of Homeland Security(pty:dft), Attorney Mark S. Pestal added to party United States Immigration and Customs Enforcement(pty:dft) (Pestal, Mark) (Entered: 03/06/2018)

March 6, 2018

March 6, 2018

PACER
12

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 1 Complaint,,,,,, by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Kellogg, Ian) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
13

ORDER Granting 12 unopposed motion for extension of time, to and including May 7, 2018, to response to complaint, by Judge Richard P. Matsch on 4/16/2018. (ktera) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
14

ANSWER to 1 Complaint, by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Kellogg, Ian) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

PACER
15

PROCEDURAL ORDER NUMBER ONE Counsel will meet and confer as required by Rule 26 (f)(2) within 30 days from the date of this order. Lead counsel shall attend the conference in person. The disclosures required by Rule 26(a)(1)(A) shall be made within 14 days after that conference. Counsel for the plaintiff will telephone chambers [303-844-4627] within 10 days after the disclosures to set a date and time for a Scheduling Conference pursuant to Rule 16. The instructions for preparation of the Scheduling Order and the form of that order are found at http://www.cod.uscourts.gov/judges/judges.aspx, by Judge Richard P. Matsch on 5/8/2018. (ktera) (Entered: 05/08/2018)

May 8, 2018

May 8, 2018

PACER
16

ORDER SETTING SCHEDULING CONFERENCE A scheduling conference will be held on August 15, 2018, at 10:00 a.m. in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado. The proposed order (original only) on paper, shall be submitted directly to chambers by 12:00 noon on August 6, 2018. The conference is conducted with lead counsel present in person. No parties or representatives of parties will be permitted to attend, by Judge Richard P. Matsch on 6/21/2018. (ktera) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

PACER
17

Unopposed MOTION to Amend/Correct/Modify 1 Complaint,,,,,, by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit First Amended Complaint, # 2 Exhibit 1 - Written Request, # 3 Exhibit 2 - Cover Email, # 4 Exhibit 3 - Automatic Reply, # 5 Exhibit 4 - CREEC Email, # 6 Exhibit 5 - Automatic Reply, # 7 Exhibit 6 - Email to Bittner, # 8 Exhibit 7 - ICE-FOIA Email, # 9 Exhibit 8 - FOIA Request, # 10 Exhibit 9 - Cover Email, # 11 Exhibit 10 - Automatic Reply, # 12 Exhibit 11 - FOIA Request, # 13 Exhibit 12 - Cover Email, # 14 Exhibit 13 - Automatic Reply, # 15 Exhibit 14 - FOIA Request, # 16 Exhibit 15 - Cover Email, # 17 Exhibit 16 - Automatic Reply, # 18 Exhibit 17 - ICE-FOIA Email, # 19 Exhibit 18 - Screenshot, # 20 Exhibit 19 - CREEC Email, # 21 Exhibit 20 - Automatic Reply, # 22 Exhibit 21 - Email to CREEC, # 23 Exhibit 22 - CREEC Email, # 24 Exhibit 23 - Automatic Reply, # 25 Exhibit 24 - Email to Bittner, # 26 Exhibit 25 - Screenshot, # 27 Exhibit 26 - Screenshot, # 28 Exhibit 27 - FOIA Request, # 29 Exhibit 28 - Cover Email, # 30 Exhibit 29 - Automatic Reply, # 31 Exhibit 30 - ICE-FOIA Email, # 32 Exhibit 31 - ICE-FOIA Email, # 33 Exhibit 32 - CREEC Response, # 34 Exhibit 33 - Automatic Acknowledgment, # 35 Exhibit 34 - Email to Bittner, # 36 Exhibit 35 - Screenshot, # 37 Exhibit 36 - Screenshot, # 38 Exhibit 37 - Report, # 39 Exhibit 38 - FOIA Request, # 40 Exhibit 39 - Cover Email, # 41 Exhibit 40 - Automatic Reply, # 42 Exhibit 41 - CREEC Email, # 43 Exhibit 42 - Automatic Reply, # 44 Exhibit 43 - Email to Bittner, # 45 Exhibit 44 - Automatic Reply, # 46 Exhibit 45 - FOIA Request, # 47 Exhibit 46 - ICE-FOIA Email, # 48 Exhibit 47 - Website, # 49 Exhibit 48 - Screenshot, # 50 Exhibit 49 - FOIA Request, # 51 Exhibit 50 - Cover Email, # 52 Exhibit 51 - ICE-FOIA Email, # 53 Exhibit 52 - Screenshot, # 54 Exhibit 53 - FOIA Request, # 55 Exhibit 54 - Cover Email, # 56 Exhibit 55 - ICE-FOIA Email, # 57 Exhibit 56 - Screenshot, # 58 Exhibit 57 - Screenshot, # 59 Exhibit 58 - FOIA Request, # 60 Exhibit 59 - Cover Email, # 61 Exhibit 60 - Email and Response, # 62 Exhibit 61 - ICE-FOIA Email, # 63 Exhibit 62 - Website)(Kelley, Thomas) (Entered: 06/28/2018)

1 Exhibit First Amended Complaint

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2 Exhibit 1 - Written Request

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3 Exhibit 2 - Cover Email

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4 Exhibit 3 - Automatic Reply

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5 Exhibit 4 - CREEC Email

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6 Exhibit 5 - Automatic Reply

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7 Exhibit 6 - Email to Bittner

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8 Exhibit 7 - ICE-FOIA Email

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9 Exhibit 8 - FOIA Request

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10 Exhibit 9 - Cover Email

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11 Exhibit 10 - Automatic Reply

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12 Exhibit 11 - FOIA Request

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13 Exhibit 12 - Cover Email

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14 Exhibit 13 - Automatic Reply

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15 Exhibit 14 - FOIA Request

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16 Exhibit 15 - Cover Email

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17 Exhibit 16 - Automatic Reply

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18 Exhibit 17 - ICE-FOIA Email

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19 Exhibit 18 - Screenshot

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20 Exhibit 19 - CREEC Email

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21 Exhibit 20 - Automatic Reply

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22 Exhibit 21 - Email to CREEC

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23 Exhibit 22 - CREEC Email

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24 Exhibit 23 - Automatic Reply

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25 Exhibit 24 - Email to Bittner

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26 Exhibit 25 - Screenshot

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27 Exhibit 26 - Screenshot

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28 Exhibit 27 - FOIA Request

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29 Exhibit 28 - Cover Email

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30 Exhibit 29 - Automatic Reply

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31 Exhibit 30 - ICE-FOIA Email

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32 Exhibit 31 - ICE-FOIA Email

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33 Exhibit 32 - CREEC Response

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34 Exhibit 33 - Automatic Acknowledgment

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35 Exhibit 34 - Email to Bittner

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36 Exhibit 35 - Screenshot

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37 Exhibit 36 - Screenshot

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38 Exhibit 37 - Report

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39 Exhibit 38 - FOIA Request

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40 Exhibit 39 - Cover Email

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41 Exhibit 40 - Automatic Reply

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42 Exhibit 41 - CREEC Email

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43 Exhibit 42 - Automatic Reply

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44 Exhibit 43 - Email to Bittner

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45 Exhibit 44 - Automatic Reply

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46 Exhibit 45 - FOIA Request

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47 Exhibit 46 - ICE-FOIA Email

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48 Exhibit 47 - Website

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49 Exhibit 48 - Screenshot

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50 Exhibit 49 - FOIA Request

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51 Exhibit 50 - Cover Email

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52 Exhibit 51 - ICE-FOIA Email

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53 Exhibit 52 - Screenshot

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54 Exhibit 53 - FOIA Request

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55 Exhibit 54 - Cover Email

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56 Exhibit 55 - ICE-FOIA Email

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57 Exhibit 56 - Screenshot

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58 Exhibit 57 - Screenshot

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59 Exhibit 58 - FOIA Request

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60 Exhibit 59 - Cover Email

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61 Exhibit 60 - Email and Response

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62 Exhibit 61 - ICE-FOIA Email

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63 Exhibit 62 - Website

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June 28, 2018

June 28, 2018

PACER
18

ORDER Granting 17 Plaintiff's Unopposed Motion for Leave to File First Amended Complaint. The First Amended Complaint attached thereto is accepted for filing, by Judge Richard P. Matsch on 6/29/2018. (ktera) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
19

FIRST AMENDED COMPLAINT filed by Civil Rights Education and Enforcement Center. (ktera) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
20

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond re 19 Amended Complaint by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pestal, Mark) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
21

ORDER Granting 20 Defendants' motion for extension of time, to and including July 31, 2018, to respond to the amended complaint, by Judge Richard P. Matsch on 7/12/2018. (ktera) (Entered: 07/12/2018)

July 12, 2018

July 12, 2018

PACER
22

NOTICE of Entry of Appearance by Timothy Patrick Fox on behalf of Civil Rights Education and Enforcement CenterAttorney Timothy Patrick Fox added to party Civil Rights Education and Enforcement Center(pty:pla) (Fox, Timothy) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
23

NOTICE of Entry of Appearance by Elizabeth B. Jordan on behalf of Civil Rights Education and Enforcement CenterAttorney Elizabeth B. Jordan added to party Civil Rights Education and Enforcement Center(pty:pla) (Jordan, Elizabeth) (Entered: 07/30/2018)

July 30, 2018

July 30, 2018

PACER
24

ANSWER to 19 Amended Complaint by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Pestal, Mark) (Entered: 07/31/2018)

July 31, 2018

July 31, 2018

PACER
25

DECLARATION of Catrina Pavlik-Keenan by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pestal, Mark) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

RECAP
26

COURTROOM MINUTES for Scheduling Conference held before Senior Judge Richard P. Matsch on 8/15/2018. ORDERED: This matter is set for continued Scheduling Conference on September 25, 2018, at 10:00 a.m. FTR: Kathy Terasaki. (lrobe) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
27

ORDER SETTING FURTHER SCHEDULING CONFERENCE Pursuant to the August 15, 2018 scheduling conference, a further scheduling conference is scheduled for September 25, 2018 at 10:00 a.m. in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 8/15/2018. (ktera) (Entered: 08/15/2018)

Aug. 15, 2018

Aug. 15, 2018

RECAP
28

Utility Confirming Setting Hearings: Scheduling Conference set for 9/25/2018 10:00 AM before Judge Richard P. Matsch. Text Only Entry (evana, ) (Entered: 08/20/2018)

Aug. 15, 2018

Aug. 15, 2018

PACER
29

MOTION for Leave to File Response to Defendants' 25 Declaration by Plaintiff Civil Rights Education and Enforcement Center. (Gonzales, Amber) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

RECAP
30

RESPONSE to 25 Declaration Re ICE FOIA Office Workload and Resources by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gonzales, Amber) (Entered: 09/17/2018)

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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Sept. 17, 2018

Sept. 17, 2018

RECAP
32

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 29 MOTION for Leave to File Response to Defendants' 25 Declaration filed by attorney Thomas B. Kelley. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, ) (Entered: 09/18/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
33

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES: re: 30 Response filed by attorney Thomas B. Kelley. The s/signature did not match the filers name on the account for which the login and password are registered. DO NOT REFILE THE DOCUMENT. Action to take - future documents must be filed pursuant to D.C.COLO.LCivR 5.1(a) and 4.3(c) of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, ) (Entered: 09/18/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
31

ORDER Granting 29 Plaintiff's Motion for Leave to File Response to Defendants' Declaration Regarding ICE FOIA Office Workload and Resources. Plaintiff's Response Doc. 30 is accepted for filing, by Judge Richard P. Matsch on 9/18/2018. (ktera) (Entered: 09/18/2018)

Sept. 18, 2018

Sept. 18, 2018

RECAP
34

MINUTE ENTRY for Scheduling Conference proceedings held before Judge Richard P. Matsch on 9/25/2018. Scheduling Order APPROVED and SIGNED with changes and interlineations. Status Conference set for 10/26/2018 10:00 AM in Courtroom A before Judge Richard P. Matsch. FTR: K. Terasaki. (babia) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
35

SCHEDULING ORDER approved and signed with changes and interlineations by Judge Richard P. Matsch on 9/25/2018. (babia) (Entered: 09/25/2018)

Sept. 25, 2018

Sept. 25, 2018

PACER
36

MINUTE ENTRY for proceedings held before Senior Judge Richard P. Matsch: Status Conference held on 10/26/2018. Status Conference set for 12/7/2018, at 10:00 AM, in Courtroom A before Senior Judge Richard P. Matsch. FTR: K. Terasaki. (rkeec) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

RECAP
37

MINUTE ENTRY for Status Conference proceedings held before Judge Richard P. Matsch on 12/7/2018. ORDERED:Counsel shall meet and confer to draft and submit a proposed order requiring the agency to set out what their priority schedule is on production of documents in each category, on or before December 20, 2018. Status Conference set for 1/18/2019 10:00 AM in Courtroom A before Judge Richard P. Matsch. FTR: K. Terasaki. (babia) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
38

Unopposed MOTION to Clarify re 37 Status Conference,, Terminate Hearings,, Set/Reset Hearings, by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit 1 - proposed Order Regarding Production Schedule)(Kelley, Thomas) (Entered: 12/12/2018)

1 Exhibit 1 - proposed Order Regarding Production Schedule

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Dec. 12, 2018

Dec. 12, 2018

PACER
39

Unopposed MOTION for Extension of Time to Submit Proposed Production Schedule by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pestal, Mark) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
40

ORDER Granting 39 Defendants' unopposed motion for extension of time, to and including January 9, 2019, to submit a proposed production schedule. By Judge Richard P. Matsch on 12/21/2018. (ktera) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

PACER
41

ORDER on 38 Motion for Clarification. By Judge Richard P. Matsch on 12/21/2018. (ktera) (Entered: 12/21/2018)

Dec. 21, 2018

Dec. 21, 2018

RECAP
42

NOTICE of Entry of Appearance by Steven David Zansberg on behalf of All Plaintiffs Attorney Steven David Zansberg added to party Civil Rights Education and Enforcement Center(pty:pla) (Zansberg, Steven) (Entered: 01/02/2019)

Jan. 2, 2019

Jan. 2, 2019

PACER
43

Unopposed MOTION for Extension of Time to File Proposed Production Schedule and to Vacate and Reset Status Conference by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pestal, Mark) (Entered: 01/07/2019)

Jan. 7, 2019

Jan. 7, 2019

PACER
44

ORDER Upon review of Defendants' unopposed motion for an extension of time, to and including February 8, 2019, to submit a proposed production schedule and rescheduling the January 18, 2019, status conference to February 15, 2019, at 10:00 a.m., it is ORDERED that the motion is granted, by Judge Richard P. Matsch on 1/8/2019. (evana, ) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
45

NOTICE of Change of Address/Contact Information and Firm Affiliation by Thomas B. Kelley (Kelley, Thomas) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
46

Joint STATUS REPORT AND PROPOSED PRODUCTION SCHEDULE by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pestal, Mark) (Entered: 02/08/2019)

Feb. 8, 2019

Feb. 8, 2019

RECAP
47

COURTROOM MINUTES for Status Conference held before Judge Richard P. Matsch on 2/15/2019. Defendants shall produce the three categories of documents in 60 days or explain why they are unable to do so. Status Conference set for 4/26/2019 10:00 AM in Conference Room before Judge Richard P. Matsch. FTR: K. Terasaki. (ebuch) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

RECAP
48

NOTICE of Entry of Appearance by Kyle W. Brenton on behalf of United States Department of Homeland Security, United States Immigration and Customs EnforcementAttorney Kyle W. Brenton added to party United States Department of Homeland Security(pty:dft), Attorney Kyle W. Brenton added to party United States Immigration and Customs Enforcement(pty:dft) (Brenton, Kyle) (Entered: 04/25/2019)

April 25, 2019

April 25, 2019

PACER
49

MINUTE ORDER Due to a conflict with the Court's calendar, the 47 status conference set for April 26, 2019, is rescheduled for May 1, 2019, at 10:00 a.m. in the Conference Room, Second Floor, the Byron White United States Courthouse, 1823 Stout Street, Denver, Colorado, by Judge Richard P. Matsch on 4/26/2019. (ktera) (Entered: 04/26/2019)

April 26, 2019

April 26, 2019

PACER
50

MINUTE ORDER Due to a conflict with the Court's calendar, the 49 May 1, 2019, status conference is vacated. The conference will be rescheduled at a later date, by Judge Richard P. Matsch on 4/30/2019. (ktera) Modified on 4/29/2019 to enter the correct date of status conference (ktera). (Entered: 04/29/2019)

April 29, 2019

April 29, 2019

PACER
51

WITHDRAWN MOTION for Sanctions and Order to Produce Documents by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit 1 - Email, # 2 Exhibit 2 - Email, # 3 Exhibit 3 - Email, # 4 Exhibit 4 - Email, # 5 Exhibit 5 - FOIA Letter, # 6 Exhibit 6 - Complaint, # 7 Exhibit 7 - Declaration)(Kelley, Thomas) (Modified on 2/3/2020 Withdrawn pursuant to the 74 Order)(evana, ). (Entered: 05/23/2019)

1 Exhibit 1 - Email

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2 Exhibit 2 - Email

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3 Exhibit 3 - Email

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4 Exhibit 4 - Email

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5 Exhibit 5 - FOIA Letter

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6 Exhibit 6 - Complaint

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7 Exhibit 7 - Declaration

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May 23, 2019

May 23, 2019

RECAP
52

NOTICE of Entry of Appearance by Chad Phillip Jimenez on behalf of Civil Rights Education and Enforcement CenterAttorney Chad Phillip Jimenez added to party Civil Rights Education and Enforcement Center(pty:pla) (Jimenez, Chad) (Entered: 05/24/2019)

May 24, 2019

May 24, 2019

PACER
53

Upon the passing of Judge Richard P. Matsch, and pursuant to D.C.COLO.LCivR 40.1(a), this case has been reassigned to Judge John L. Kane effective this date. All future pleadings should be designated as 18-cv-00302-JLK. (Text Only Entry). (sphil, ) (Entered: 05/30/2019)

May 30, 2019

May 30, 2019

PACER
54

RESPONSE to 51 MOTION for Sanctions and Order to Produce Documents filed by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Pestal, Mark) (Entered: 06/13/2019)

1 Exhibit A

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2 Exhibit B

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June 13, 2019

June 13, 2019

PACER
55

Unopposed MOTION for Extension of Time to File Response/Reply as to 51 MOTION for Sanctions and Order to Produce Documents by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Proposed Order (PDF Only))(Kelley, Thomas) (Entered: 06/25/2019)

1 Proposed Order (PDF Only)

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June 25, 2019

June 25, 2019

PACER
56

ORDER granting 55 Unopposed Motion for Extension of Time to File Reply Brief in Support of Motion for Sanctions and Order to Produce Documents. ORDERED by Judge John L. Kane on 6/25/2019.(cthom, ) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

RECAP
57

WITHDRAWN MOTION to Amended Complaint Second Amended Complaint against United States Department of Homeland Security, United States Immigration and Customs Enforcement, Ginger Wentz, filed by Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Proposed Order (PDF Only))(Kelley, Thomas) Modified to add motion event on 7/9/2019 (cthom, ). (Modified on 2/3/2020 Withdrawn pursuant to the 74 Order)(evana, ). (Entered: 07/05/2019)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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9 Proposed Order (PDF Only)

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July 5, 2019

July 5, 2019

RECAP
58

REPLY to Response to 51 MOTION for Sanctions and Order to Produce Documents filed by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit 8 - Email from M Pestal 9-10-18, # 2 Exhibit 9 - Email from T Kelley 9-14-18, # 3 Exhibit 10 - Email from M Pestal 10-26-18, # 4 Exhibit 11 - Email from A Rose 12-3-18, # 5 Exhibit 12 - Memorandum Opinion)(Kelley, Thomas) (Entered: 07/05/2019)

1 Exhibit 8 - Email from M Pestal 9-10-18

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2 Exhibit 9 - Email from T Kelley 9-14-18

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3 Exhibit 10 - Email from M Pestal 10-26-18

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4 Exhibit 11 - Email from A Rose 12-3-18

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5 Exhibit 12 - Memorandum Opinion

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July 5, 2019

July 5, 2019

PACER
59

MOTION for Extension of Time to Respond to Motion to Amend Complaint by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

RECAP
60

SUPPLEMENT/AMENDMENT to Response to Motion for Sanctions by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
61

Exhibits in Support of 60 Supplement/Amendment by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER
62

ORDER THE COURT, having reviewed Defendants' Unopposed Motion for Extension of Time to respond to Plaintiff's Motion to Amend Complaint, and being sufficiently advised of the premises, hereby GRANTS the Motion (ECF No. 59 ). Defendants' response to Plaintiff's Motion to Amend Complaint is due on or before August 9, 2019, by Judge John L. Kane on 7/12/2019.(evana, ) (Entered: 07/15/2019)

July 12, 2019

July 12, 2019

PACER
63

Unopposed MOTION to Withdraw as Attorney by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Pestal, Mark) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER

Order on Motion to Withdraw as Attorney

July 22, 2019

July 22, 2019

PACER
64

MINUTE ORDER GRANTING 63 Unopposed Motion to Withdraw as Counsel of Record. Given that representation of Defendants will continue through Mr. Kellogg and Mr. Brenton of the U.S. Attorney's Office, Attorney Mark S. Pestal is authorized to WITHDRAW as counsel. Mr. Pestal SHALL be REMOVED from future electronic notifications in this case. ORDERED by Judge John L. Kane on 7/22/2019.(cthom, ) (Entered: 07/22/2019)

July 22, 2019

July 22, 2019

PACER
65

RESPONSE to 57 MOTION to Amend/Correct/Modify Complaint filed by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 08/09/2019)

Aug. 9, 2019

Aug. 9, 2019

PACER
66

Unopposed MOTION for Extension of Time to File Response/Reply as to 57 MOTION to Amend/Correct/Modify Complaint by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Proposed Order (PDF Only))(Kelley, Thomas) (Entered: 08/22/2019)

1 Proposed Order (PDF Only)

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Aug. 22, 2019

Aug. 22, 2019

PACER

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

Aug. 22, 2019

Aug. 22, 2019

PACER
67

ORDER granting 66 Plaintiff's Unopposed Motion for Extension of Time to File Reply in Support of Motion to File Second Amended Complaint. The Reply is due on or before September 3, 2019. Ordered by Judge John L. Kane on 8/22/2019. Text Only Entry(jlksec) (Entered: 08/22/2019)

Aug. 22, 2019

Aug. 22, 2019

PACER
68

REPLY to Response to 57 MOTION to Amend/Correct/Modify filed by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit 1 - March 1, 2019 Request, # 2 Exhibit 2 - April 19, 2019 Request, # 3 Exhibit 3 - Related Documents)(Kelley, Thomas) (Entered: 09/03/2019)

1 Exhibit 1 - March 1, 2019 Request

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2 Exhibit 2 - April 19, 2019 Request

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3 Exhibit 3 - Related Documents

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Sept. 3, 2019

Sept. 3, 2019

PACER
69

NOTICE Joint Notice of Potential Partial Settlement by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement (Brenton, Kyle) (Entered: 09/16/2019)

Sept. 16, 2019

Sept. 16, 2019

PACER
70

NOTICE of Change of Address/Contact Information for Timothy P. Fox and Elizabeth B. Jordan by Timothy Patrick Fox (Fox, Timothy) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
71

ADVISORY NOTICE OF NONCOMPLIANCE WITH COURT RULES/PROCEDURES:re: 70 Notice of Change of Address/Contact Information filed by attorneyTimothy P. Fox. DO NOT REFILE THE DOCUMENT. Action to take - counsel must submit a change of contact request through the Attorney Services Portal Account pursuant to D.C.COLO.LAttyR 5(c) and 3.5 of the Electronic Case Filing Procedures (Civil cases).(Text Only Entry) (evana, ) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER
72

MINUTE ORDER. On September 16, 2019, the parties notified the Court that they reached a preliminary agreement to resolve several outstanding issues, and that the agreement could negate the need for the Court to rule on the motions currently pending in this case. The parties are ORDERED to file a joint status report on or before February 3, 2020, indicating whether it remains necessary for the Court to rule on Plaintiff's Motion for Sanctions and Order to Produce Documents 51, or Plaintiff's Opposed Motion for Leave to File Second Amended Complaint 57 . Ordered by Judge John L. Kane on 1/16/2020. Text Only Entry (jlksec) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

PACER

Minute Order

Jan. 16, 2020

Jan. 16, 2020

PACER
73

STIPULATION Regarding Conclusion of Matter and Procedure for Determination of Remaining Issues and Plaintiff's Claim for Attorney Fees by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 1 - FOIA Documents Chart)(Kelley, Thomas) (Entered: 01/31/2020)

1 1 - FOIA Documents Chart

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Jan. 31, 2020

Jan. 31, 2020

PACER
74

ORDER Pursuant to the parties' Stipulation Regarding Conclusion of Matter and Procedure for Determination of Remaining Issues and Plaintiff's Claim for Attorney Fees (ECF No. 73 ), IT IS HEREBY ORDERED that Plaintiff's Motion for Sanctions and Order to Produce Documents (ECF No. 51 ) and Plaintiff's Motion for Leave to File Second Amended Complaint (ECF No. 57 ) are WITHDRAWN AS MOOT. that if the parties cannot reach an agreement regarding the documents referenced in the Stipulation, they will so inform the Court via a notice filed on or before February 25, 2020. If no agreement is reached, Defendants shall file a motion for summary judgment on or before March 30, 2020, addressing the propriety of the claimed exemptions and redactions. That Plaintiff's motion for award of attorney fees and costs, including affidavits and documents supporting the amount of attorney fees claimed, shall be filed within 20 days of the date of this Court's order resolving all issues raised by the Defendants' motion for summary judgment, OR, if no motion for summary judgment is filed, by March 21, 2020. by Judge John L. Kane on 2/3/2020.(evana, ) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

PACER
75

NOTICE re 74 Order on Motion for Sanctions,,,,, Order on Motion to Amend/Correct/Modify,,,, Regarding Motion for Summary Judgment by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement (Brenton, Kyle) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
76

Unopposed MOTION for Extension of Time to File Motion for Summary Judgment by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER

Order on Motion for Extension of Time to File

March 30, 2020

March 30, 2020

PACER
77

ORDER granting 76 Unopposed Motion for Extension of Time to File Motion for Summary Judgment. The deadline for Defendants to file a motion for summary judgment is extended to on or before May 6, 2020. Ordered by Judge John L. Kane on 3/30/2020. Text Only Entry(jlksec) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

PACER
78

STIPULATION REGARDING RESOLUTION OF THE MERITS OF PLAINTIFFS FOIA CLAIM AND SETTING BRIEFING SCHEDULE ON PLAINTIFFS MOTION FOR AWARD OF ATTORNEY FEES AND COSTS by Plaintiff Civil Rights Education and Enforcement Center. (Kelley, Thomas) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER

Minute Order

May 6, 2020

May 6, 2020

PACER
79

MINUTE ORDER: Pursuant to the parties' Stipulation 78, it is ordered that in the event the parties are unable to resolve the attorney fee issue between themselves, Plaintiff will file its Motion for Award of Attorney Fees and Costs on or before June 8, 2020. Defendant's response is due on or before July 17, 2020. Plaintiff's reply is due on or before August 11, 2020. Ordered by Judge John L. Kane on 05/06/2020. Text Only Entry (jlksec) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
80

MOTION for Attorney Fees and Costs by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Declaration of Thomas B Kelley in Support of Motion for Award of Attorney Fees and Costs, # 2 Exhibit 1 - Recording of 12/7/2018 status conference, manually submitted, # 3 Exhibit 2 - Letter of 1/31/2018 by Catrina M. Pavlik Keenen of ICE to Robin Urevich of Muck Rock, # 4 Exhibit 3 - Report of investigation of Death of Vicente Caceres Maradiaga, # 5 Exhibit 4 - Complaint in ACLU v. U.S. Immigration and Customs Enforcement, # 6 Exhibit 5 - First page of Detainee Death Review for Kamyar Samimi, # 7 Exhibit 6 - Email of 12/10/2019, # 8 Exhibit 7 - Email of 12/19/2019, # 9 Exhibit 8 - Email of 3/8/2020, # 10 Exhibit A - Invoice of Ballard Spahr, # 11 Exhibit B - Invoice of Killmer Lane & Newman, # 12 Exhibit C - Invoice of Armstrong Teasdale, # 13 Delcaration of Timothy Fox, # 14 Exhibit 1 to Declaration of Fox, CREEC Invoice, # 15 Declaration of Michael McCarthy)(Kelley, Thomas) (Entered: 06/08/2020)

1 Declaration of Thomas B Kelley in Support of Motion for Award of Attorney Fees

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2 Exhibit 1 - Recording of 12/7/2018 status conference, manually submitted

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3 Exhibit 2 - Letter of 1/31/2018 by Catrina M. Pavlik Keenen of ICE to Robin Urev

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4 Exhibit 3 - Report of investigation of Death of Vicente Caceres Maradiaga

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5 Exhibit 4 - Complaint in ACLU v. U.S. Immigration and Customs Enforcement

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6 Exhibit 5 - First page of Detainee Death Review for Kamyar Samimi

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7 Exhibit 6 - Email of 12/10/2019

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8 Exhibit 7 - Email of 12/19/2019

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9 Exhibit 8 - Email of 3/8/2020

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10 Exhibit A - Invoice of Ballard Spahr

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11 Exhibit B - Invoice of Killmer Lane & Newman

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12 Exhibit C - Invoice of Armstrong Teasdale

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13 Delcaration of Timothy Fox

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14 Exhibit 1 to Declaration of Fox, CREEC Invoice

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15 Declaration of Michael McCarthy

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June 8, 2020

June 8, 2020

PACER
81

NOTICE of Filing Conventionally Submitted Exhibit to ECF 80 by Plaintiff Civil Rights Education and Enforcement Center (Kelley, Thomas) (Entered: 06/08/2020)

June 8, 2020

June 8, 2020

PACER
82

Conventionally Submitted Material : EXHIBIT 1 to [80-1], Declaration of Thomas B. Kelley. 1 CD Disc of Audio Recording. by Plaintiff Civil Rights Education and Enforcement Center. Filed in the Clerk's Office. Text Only Entry (evana, ) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
83

Unopposed MOTION for Extension of Time to File Response/Reply as to 80 MOTION for Attorney Fees and Costs by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
84

ORDER granting 83 Unopposed Motion for Extension of Time to File Response/Reply. Defendants' response is due on or before July 24, 2020. Plaintiff's reply is due on or before August 18, 2020. Ordered by Judge John L. Kane on 07/20/2020. Text Only Entry(jlksec) (Entered: 07/20/2020)

July 20, 2020

July 20, 2020

PACER

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

July 20, 2020

July 20, 2020

PACER
85

RESPONSE to 80 MOTION for Attorney Fees and Costs filed by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Brenton, Kyle) (Entered: 07/24/2020)

July 24, 2020

July 24, 2020

PACER
86

Conventionally Submitted Material : 1 CD - Native Excel Versions of Exhibits 1 and 3 to 85 Response to 80 Motion for Attorney Fees and Costs, by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. Text Only Entry (athom, ) (Entered: 07/31/2020)

July 31, 2020

July 31, 2020

PACER
87

REPLY to Response to 80 MOTION for Attorney Fees and Costs filed by Plaintiff Civil Rights Education and Enforcement Center. (Attachments: # 1 Exhibit 9 - GEO Letter, # 2 Exhibit 10 - Email chain, # 3 Exhibit 11 - ICE FOIA Website, # 4 Exhibit 12 - O'Neal v Fremont County Order on Fees, # 5 Exhibit 13 - O'Neal Supp Order on Fees, # 6 Exhibit 14 - BKP Order on Fees)(Kelley, Thomas) (Entered: 08/17/2020)

1 Exhibit 9 - GEO Letter

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2 Exhibit 10 - Email chain

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3 Exhibit 11 - ICE FOIA Website

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4 Exhibit 12 - O'Neal v Fremont County Order on Fees

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5 Exhibit 13 - O'Neal Supp Order on Fees

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6 Exhibit 14 - BKP Order on Fees

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Aug. 17, 2020

Aug. 17, 2020

PACER
88

ORDER Granting 80 Plaintiff's Motion for Award of Attorney Fees and Costs. Plaintiff is awarded its reasonably incurred attorney fees in the amount of $201,088.75 and its other litigation costs of $475. The parties are DIRECTED to file a joint statement or other document on or before September 17, 2021, regarding how the Plaintiff's claims in this case are to be resolved (e.g., dismissal) so that the case may be closed, by Judge John L. Kane on 9/7/2021.(evana, ) (Entered: 09/07/2021)

Sept. 7, 2021

Sept. 7, 2021

PACER
89

Joint STATUS REPORT Regarding Payment of Award of Attorney Fees and Costs and Dismissal by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER
90

MINUTE ORDER. The parties are directed to file Dismissal Paperwork or a Joint Status Report on or before November 1, 2021. Ordered by Judge John L. Kane on 9/17/2021. Text Only Entry (jlksec) (Entered: 09/17/2021)

Sept. 17, 2021

Sept. 17, 2021

PACER

Minute Order

Sept. 17, 2021

Sept. 17, 2021

PACER
91

STIPULATION of Dismissal of Case by Defendants United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Brenton, Kyle) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER
92

Civil Case Terminated pursuant to the 91 Stipulation to dismiss with prejudice filed in this case on 10/20/2021, by Judge John L. Kane. Text Only Entry (evana, ) (Entered: 10/20/2021)

Oct. 20, 2021

Oct. 20, 2021

PACER

Case Details

State / Territory: Colorado

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 7, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A civil rights education organization

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Civil Rights Education and Enforcement Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Document/information produced

Source of Relief:

Litigation

Issues

General:

Conditions of confinement

Record-keeping

Records Disclosure

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Placement in detention facilities

Solitary confinement/Supermax (conditions or process)

Medical/Mental Health:

Mental health care, general

Type of Facility:

Government-run

Immigration/Border:

Detention - conditions

Undocumented immigrants - rights and duties