Case: 2:18-cv-00182-JDL As of: 01/10/2019 05:02 AM EST 1 of 6 STANDARD U.S. District Court District of Maine (Portland) CIVIL DOCKET FOR CASE #: 2:18−cv−00182−JDL AMERICAN CIVIL LIBERTIES UNION OF MAINE Date Filed: 05/08/2018 FOUNDATION et al v. US DEPARTMENT OF HOMELAND Jury Demand: None SECURITY et al Nature of Suit: 895 Freedom of Assigned to: JUDGE JON D. LEVY Information Act Referred to: MAGISTRATE JUDGE JOHN H. RICH III Jurisdiction: U.S. Government Defendant related Case: 2:18−cv−00176−JDL Cause: 05:552 Freedom of Information Act Plaintiff AMERICAN CIVIL LIBERTIES represented by EMMA EATON BOND UNION OF MAINE FOUNDATION AMERICAN CIVIL LIBERTIES UNION OF MAINE 121 MIDDLE STREET SUITE 200 PORTLAND, ME 04101 207−619−8687 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED GILLES BISSONNETTE AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE 18 LOW AVENUE CONCORD, NH 03301 603−224−5591 Email: gilles@aclu−nh.org LEAD ATTORNEY ATTORNEY TO BE NOTICED LIA ERNST AMERICAN CIVIL LIBERTIES UNION OF VERMONT P.O. BOX 277 MONTPELIER, VT 05601 802−223−6034 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ZACHARY L. HEIDEN AMERICAN CIVIL LIBERTIES UNION OF MAINE 121 MIDDLE STREET SUITE 200 PORTLAND, ME 04101 207−774−5444 Fax: 207−774−1103 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff AMERICAN CIVIL LIBERTIES represented by EMMA EATON BOND UNION OF NEW HAMPSHIRE (See above for address) FOUNDATION LEAD ATTORNEY ATTORNEY TO BE NOTICED Case: 2:18-cv-00182-JDL As of: 01/10/2019 05:02 AM EST 2 of 6 GILLES BISSONNETTE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED LIA ERNST (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ZACHARY L. HEIDEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Plaintiff AMERICAN CIVIL LIBERTIES represented by EMMA EATON BOND UNION FOUNDATION OF (See above for address) VERMONT LEAD ATTORNEY ATTORNEY TO BE NOTICED GILLES BISSONNETTE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED LIA ERNST (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ZACHARY L. HEIDEN (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED V. Defendant US DEPARTMENT OF HOMELAND represented by JAMES D. CONCANNON SECURITY U.S. ATTORNEY'S OFFICE DISTRICT OF MAINE 100 MIDDLE STREET PLAZA PORTLAND, ME 04101 207−780−3257 Email: [email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED ANDREW K. LIZOTTE U.S. ATTORNEY'S OFFICE DISTRICT OF MAINE 100 MIDDLE STREET PLAZA PORTLAND, ME 04101 (207) 771−3246 Fax: (207) 780−3304 Email: [email protected] ATTORNEY TO BE NOTICED Defendant represented by Case: 2:18-cv-00182-JDL As of: 01/10/2019 05:02 AM EST 3 of 6 US CUSTOMS AND BORDER JAMES D. CONCANNON PROTECTION (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ANDREW K. LIZOTTE (See above for address) ATTORNEY TO BE NOTICED Defendant US IMMIGRATION AND CUSTOMS represented by JAMES D. CONCANNON ENFORCEMENT (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED ANDREW K. LIZOTTE (See above for address) ATTORNEY TO BE NOTICED Date Filed # Docket Text 05/08/2018 1 COMPLAINT against US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITYPAYMENT OF FILING FEE DUE WITHIN 48 HOURS. IF FILING FEE IS BEING PAID WITH A CREDIT CARD COUNSEL ARE INSTRUCTED TO LOGIN TO CMECF AND DOCKET Case Opening Filing Fee Paid FOUND IN THE Complaints and Other Initiating Documents CATEGORY. CHECK PAYMENTS DUE WITHIN 48 HOURS., filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. (Service of Process Deadline 8/6/2018) Fee due by 5/10/2018. (Attachments: # 1 Exhibit A 9/5/17 DHS FOIA request, # 2 Exhibit B acknowledgement, coditional grant, fee waiver, # 3 Exhibit C ICE FOIA request, # 4 Exhibit D 9/27/17 DHS release in full letter, # 5 Exhibit D1 9/27/17 DHS record production, # 6 Exhibit E 2/1/18 FOIA appeal, # 7 Exhibit F Acknowledgement, standard letter1)(bfa) (Entered: 05/08/2018) 05/08/2018 2 CIVIL COVER SHEET. (bfa) (Entered: 05/08/2018) 05/08/2018 Filing Fee Paid via Credit Card ( Filing fee $ 400 receipt number 0100−1837870.), filed by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT.(BOND, EMMA) (Entered: 05/08/2018) 05/08/2018 3 CERTIFICATION for Admission Pro Hac Vice of Gilles Bissonnette filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100−1837874.) (BOND, EMMA) (Entered: 05/08/2018) 05/08/2018 4 CERTIFICATION for Admission Pro Hac Vice of Lia Ernst filed by EMMA EATON BOND on behalf of AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (Total admission fee $ 100 receipt number 0100−1837882.) (BOND, EMMA) (Entered: 05/08/2018) 05/09/2018 Set Deadlines : Attorney Lia Ernst, Gilles Bissonnette shall register for the District of Maine's Electronic Case Filing (ECF) System by 5/16/2018. Registration Forms are available on the Court's website http://www.med.uscourts.gov/ecf−registration under the Electronic Case Files, ECF Registration Section. (bfa) (Entered: 05/09/2018) 05/15/2018 5 NOTICE of Appearance by JAMES D. CONCANNON on behalf of US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND Case: 2:18-cv-00182-JDL As of: 01/10/2019 05:02 AM EST 4 of 6 BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (CONCANNON, JAMES) (Entered: 05/15/2018) 05/16/2018 6 NOTICE of Appearance by ANDREW K. LIZOTTE on behalf of All Defendants (LIZOTTE, ANDREW) (Entered: 05/16/2018) 05/16/2018 7 Summons Issued as to US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. Counsel shall print the embossed summons and effect service in the manner in accordance with Fed.R.Civ.P.4. Note−If you are using Version 6 of Adobe Acrobat, be sure the PRINT WHAT field is set to DOCUMENTS AND COMMENTS (Click File, then Print to check this setting). (Attachments: # 1 Summons − CBP, # 2 Summons − ICE)(akr) (Entered: 05/16/2018) 05/21/2018 8 AFFIDAVIT of Service by AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT. All Defendants. (Attachments: # 1 Exhibit Return Receipt − Certified Mail)(BOND, EMMA) (Entered: 05/21/2018) 05/22/2018 Set Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 7/17/2018. (akr) (Entered: 05/22/2018) 05/22/2018 Reset Answer Deadline for US DEPARTMENT OF HOMELAND SECURITY, US CUSTOMS AND BORDER PROTECTION, and US IMMIGRATION AND CUSTOMS ENFORCEMENT : Answer due by 6/18/2018 pursuant to 5 U.S.C. § 552(a)(4)(C). (akr) (Entered: 05/22/2018) 06/18/2018 9 ANSWER to 1 Complaint,,,, by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY.(CONCANNON, JAMES) (Entered: 06/18/2018) 06/19/2018 10 SCHEDULING ORDER: Discovery due by 11/5/2018. Written Notice of Intent to File Summary Judgment Motion and Request for Pre−Filing Conference due by 11/13/2018. Motions due by 11/26/2018. Ready for Trial on 2/4/2019. By MAGISTRATE JUDGE JOHN H. RICH III. (mjlt) (Entered: 06/19/2018) 07/03/2018 11 Joint MOTION to Amend Scheduling Order and Joint Report of 26(f) Conference by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 7/24/2018. (CONCANNON, JAMES) (Entered: 07/03/2018) 07/05/2018 12 ORDER granting without objection 11 Motion to Amend Scheduling Order. Without objection, the parties are directed to file a written joint status report by August 17, 2018, addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 07/05/2018) 07/05/2018 Set Deadlines Pursuant to Order #12 entered on July 5, 2018: Status Report due by 8/17/2018−the parties are directed to file a written joint status report addressing the status of defendants' search for and production of records responsive to the FOIA request at issue herein, the status of any negotiation on the scope and timing of future productions, and the parties' proposed schedule for future proceedings herein. (mtm) (Entered: 07/06/2018) 08/17/2018 13 STATUS REPORT Submitted by Joint Agreement by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US Case: 2:18-cv-00182-JDL As of: 01/10/2019 05:02 AM EST 5 of 6 DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 08/17/2018) 08/17/2018 14 MOTION for Permission to File Second Joint Status Report (No PDF attached. See ECF #13) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 08/17/2018) 08/19/2018 15 ORDER granting without objection 14 Joint Motion for leave to file second joint status report. The parties shall file their second Joint Status Report, as requested, by October 12, 2018. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 08/19/2018) 08/19/2018 Set Deadlines : Status Report due by 10/12/2018. (akr) (Entered: 08/20/2018) 10/12/2018 16 STATUS REPORT and Joint Motion for Permission to File Third Joint Status Report by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY. (CONCANNON, JAMES) (Entered: 10/12/2018) 10/12/2018 17 MOTION for Permission to File Third Joint Status Report (No PDF attached. See ECF #16) by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY (akr) (Entered: 10/15/2018) 10/15/2018 18 ORDER granting without objection 17 Joint Motion for Leave to File Third Joint Status Report. The parties shall file their third Joint Status Report by November 16, 2018, addressing the parties' agreed−upon production schedule or, if the parties are unable to agree on a production schedule, each parties' position regarding a proposed production schedule. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 10/15/2018) 10/15/2018 Set Deadlines : Status Report due by 11/16/2018. (akr) (Entered: 10/15/2018) 10/16/2018 Set Deadlines : Per Local Rule 7.1 Notice of Interested Parties or Corporate Disclosure Statement due by 10/22/2018 as to AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION. (akr) (Entered: 10/16/2018) 10/22/2018 19 NOTICE of Interested Parties by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (BOND, EMMA) (Entered: 10/22/2018) 11/16/2018 20 STATUS REPORT (Joint) and Motion for the Court to Set Production Schedule by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION. (BOND, EMMA) (Entered: 11/16/2018) 11/16/2018 21 Joint MOTION for the Court to Set Production Schedule (No PDF attached − See ECF #20) by AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF VERMONT, AMERICAN CIVIL LIBERTIES UNION OF MAINE FOUNDATION, AMERICAN CIVIL LIBERTIES UNION OF NEW HAMPSHIRE FOUNDATION (akr) (Entered: 11/19/2018) 11/25/2018 22 ORDER granting 21 Joint Motion for the court to set production schedule. Upon careful consideration of the parties' Third Joint Status Report, the court sets the following production schedule for the release of records in the Defendants' possession: (1) without objection, by December 10, 2018, Defendants ICE and CBP will make a production of responsive, non−exempt records; by January 10, 2019, Defendants ICE and CBP will make an additional production of responsive, non−exempt records; and, by February 11, 2019 (February 10 being a Sunday), Defendants ICE and CBP will, respectively, complete processing the entirety of the priority search documents and produce to the Plaintiffs any responsive, non−exempt records identified pursuant to the priority search parameters; (2) regarding Defendant DHS, over objection and weighing the parties' competing interests set out in detail in the Third Joint Status Report, including Plaintiffs' contention that DHS should be subject to the same schedule as ICE and CBP and DHS's contention that it is only able to commit to reviewing 250 Case: 2:18-cv-00182-JDL As of: 01/10/2019 05:02 AM EST 6 of 6 pages of records per month beginning in January, I ORDER Defendant DHS to produce, beginning in January 2019, the 1,735 potentially responsive pages to the Plaintiffs at an average rate of 350 pages and a minimum rate of 250 pages per month, as follows: By January 10, 2019, Defendant DHS will make a production of at least 250 responsive, non−exempt records; by February 11, 2019, Defendant DHS will make an additional production of at least 250 responsive, non−exempt records; by March 11, 2019, Defendant DHS will make an additional production of at least 250 responsive, non−exempt records; by April 10, 2019, Defendant DHS will make an additional production of at least 250 responsive, non−exempt records; and by May 10, 2019, Defendant DHW will complete processing the entirety of the priority search documents and produce to the Plaintiffs any responsive, non−exempt records identified pursuant to the priority search parameters. By MAGISTRATE JUDGE JOHN H. RICH III. (RICH III, JOHN) (Entered: 11/25/2018) 01/09/2019 23 Consent MOTION to Amend Production Schedule by US IMMIGRATION AND CUSTOMS ENFORCEMENT, US CUSTOMS AND BORDER PROTECTION, US DEPARTMENT OF HOMELAND SECURITY Responses due by 1/30/2019. (CONCANNON, JAMES) (Entered: 01/09/2019)