Case: House v. Napolitano

1:11-cv-10852 | U.S. District Court for the District of Massachusetts

Filed Date: May 13, 2011

Closed Date: 2013

Clearinghouse coding complete

Case Summary

On May 13, 2011, David House, a U.S. citizen, filed a lawsuit in the U.S. District Court for the District of Massachusetts under the First and Fourth Amendments to the U.S. Constitution against the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, and the U.S. Immigration and Customs Enforcement. House, represented by counsel from the American Civil Liberties Union, asked the court for declaratory and injunctive relief, claiming that federal agents' search of his ele…

On May 13, 2011, David House, a U.S. citizen, filed a lawsuit in the U.S. District Court for the District of Massachusetts under the First and Fourth Amendments to the U.S. Constitution against the U.S. Department of Homeland Security, the U.S. Customs and Border Protection, and the U.S. Immigration and Customs Enforcement. House, represented by counsel from the American Civil Liberties Union, asked the court for declaratory and injunctive relief, claiming that federal agents' search of his electronic devices at the border and prolonged seizure of the devices without reasonable suspicion violated the First and Fourth Amendments.

Specifically, House claimed that the government seized his electronic devices, including his laptop computer, at the border when he was coming home from vacation. The plaintiff claimed that the government targeted the plaintiff solely on the basis of his lawful association with the Bradley Manning Support Network, an organization created to raise funds and support for the legal defense of Pfc. Bradley Manning (now Chelsea Manning, after a name change), a soldier charged with leaking a video and documents relating to the wars in Iraq and Afghanistan to the WikiLeaks website. The government then kept the devices for forty-nine days, retained the information from them indefinitely, and disseminated the information to other government agencies and possibly foreign governments. In addition, the materials seized by the government contained confidential information identifying members and supporters of the Bradley Manning Support Network, and that the defendants' review, retention, and disclosure of that information intruded on the right of associational privacy protected by the First Amendment. According to an ACLU press release, the search and seizure of the plaintiff's laptop had a chilling effect on the activities of the Bradley Manning Support Network, by "silencing once-outspoken supports and causing donors to retreat."

On July 28, 2011, the defendants filed a motion to dismiss or in the alternative for summary judgment. The defendants argued that there was no basis for the Court to conclude that searches of electronic devices at the border should be subjected to a different standard than that for other closed containers. The defendants also argued that there was no basis for the Court to conclude that the plaintiff's First Amendment rights were violated by the routine search and detention of his devices at the border. Finally, the defendants argued that the plaintiff's "associational privacy" claims should be dismissed, because the government is not prohibited from examining any items at the border simply because they may be related to the work of an organization; nor, the government argued, were there any factual allegations showing how Plaintiff's organization has been targeted by the government, or that the routine search of Plaintiff's electronic devices disclosure may impede the future activities of the organization.

On March 28, 2012, Judge Denise J. Casper denied the U.S.'s motion to dismiss. The court ruled that even if the government does not need suspicion or a warrant to search a laptop at the border, that power is not unlimited and First Amendment rights remain intact. House v. Napolitano, 11-10852-DJC, 2012 WL 1038816 (D. Mass. Mar. 28, 2012).

On May 23, 2013, the matter settled. All of the parties stipulated to dismissal with prejudice with each party bearing his or her own costs, expenses, and attorneys' fees. The government agreed to destroy all copies of the plaintiff's devices and to turn over documents related to its investigation of him and his devices. The government also admitted that the plaintiff was on the Department of Homeland Security's "Lookout" list used by agents at border checkpoints, which is why he was stopped and searched in the first place. The government further agreed to release reports on DHS agents' questioning of House, which included inquiries about whether he knew anything about Manning giving classified information to WikiLeaks.

Summary Authors

Jessica Kincaid (6/21/2014)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4274263/parties/house-v-napolitano/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

Atkinson, Theodore W (Massachusetts)

Expert/Monitor/Master/Other

Amanat, Farzin Franklin (Massachusetts)

Anderson, Gary L. (Massachusetts)

Attorney, OIL-DCS Trial (Massachusetts)

AUSA, AUSA (Massachusetts)

Judge(s)

Casper, Denise Jefferson (Massachusetts)

Expert/Monitor/Master/Other

Amanat, Farzin Franklin (Massachusetts)

Anderson, Gary L. (Massachusetts)

Attorney, OIL-DCS Trial (Massachusetts)

AUSA, AUSA (Massachusetts)

Bashyrov, Jacob Alexander (Massachusetts)

Bell, John C (Massachusetts)

Belsan, Timothy Michael (Massachusetts)

Bloom, Karen S. (Massachusetts)

Bole, Bradley M. (Massachusetts)

Bowen, Brigham J (Massachusetts)

Cargo, Shane Patrick (Massachusetts)

Cerutti, Stephen (Massachusetts)

Chen, Hans (Massachusetts)

Chilakamarri, Varu (Massachusetts)

Clopton, Zachary David (Massachusetts)

Connolly, Christopher Kendrick (Massachusetts)

Connolly, Kathleen Ann (Massachusetts)

Conrad, Mark R (Massachusetts)

Cowart, Brandon Herbert (Massachusetts)

Dawgert, Jessica (Massachusetts)

Defoe, Craig A (Massachusetts)

DeJute, David A (Massachusetts)

Dunn, Scott (Massachusetts)

Everitt, Jeslyn A. (Massachusetts)

Fabian, Sarah B (Massachusetts)

Farel, Lily Sara (Massachusetts)

Finneran, Richard E. (Massachusetts)

Foust, Joshua Thomas (Massachusetts)

Freeborne, Paul Gerald (Massachusetts)

Gilbert, Helen L (Massachusetts)

Girdharry, Glenn M (Massachusetts)

Goettel, Katherine Elizabeth (Massachusetts)

Goldman, Adam Laurence (Massachusetts)

Goldsmith, Aaron Steven (Massachusetts)

Guerra, David Louis (Massachusetts)

Heckenlively, Bryan H. (Massachusetts)

Hendry, Melanie Dyani (Massachusetts)

Hennes, Stefanie Notarino (Massachusetts)

Hildebrand, Regan (Massachusetts)

Ikari, Carolyn Aiko (Massachusetts)

Jones, Terrence M (Massachusetts)

Kennedy, Sam Delk (Massachusetts)

Kim, Dorothy (Massachusetts)

Kim, Elizabeth Ann (Massachusetts)

Kish, Ronald W. (Massachusetts)

Kisor, Colin Abbott (Massachusetts)

Kuhn, Craig W. (Massachusetts)

LaFevers, Kathryn Jean (Massachusetts)

Liu, Belinda Y. (Massachusetts)

McConaghy, Michelle Lynn (Massachusetts)

Merchant, Orelia E. (Massachusetts)

Morris, Brian D. (Massachusetts)

Nelson, Anna Emily (Massachusetts)

Oeltjen, Natasha (Massachusetts)

Orenstein, Karin K. (Massachusetts)

Osinoff, Joanne S (Massachusetts)

Oswald, Craig Arthur (Massachusetts)

Phillips, Bradley S. (Massachusetts)

Riedel, Durwood (Massachusetts)

Robinson, Charles Furlonge (Massachusetts)

Rocque, Amanda Adams (Massachusetts)

Roden, Michael L. (Massachusetts)

Romero, Jacqueline Christine (Massachusetts)

Scharf, James A. (Massachusetts)

Schwartz, Beth Patricia (Massachusetts)

Schweiner, Dianne (Massachusetts)

Shaitelman, Kenneth Lee (Massachusetts)

Sharp, J. Daniel (Massachusetts)

Silverman, Matthew (Massachusetts)

Silvis, William Charles (Massachusetts)

Sneed, Sekret T (Massachusetts)

Staub, Keith M (Massachusetts)

Steverson, Carolyn Williams (Massachusetts)

Taylor, Sara Nadine (Massachusetts)

Theis, John Kenneth (Massachusetts)

Ulrich, Tamara Lynn (Massachusetts)

Vahab, Lana Lunskaya (Massachusetts)

Voss, Ana H (Massachusetts)

Walker, Elizabeth Lee (Massachusetts)

West, Roger E (Massachusetts)

Wichers, Christine J. (Massachusetts)

Wildasin, Mark H. (Massachusetts)

Willenburg, Don (Massachusetts)

Wu, Margaret Louisa (Massachusetts)

Yates, Christopher R (Massachusetts)

show all people

Documents in the Clearinghouse

Document

1:11-cv-10852

Docket [PACER]

May 23, 2013

May 23, 2013

Docket
1

1:11-cv-10852

Complaint

May 13, 2011

May 13, 2011

Complaint
24

1:11-cv-10852

Memorandum and Order

March 28, 2012

March 28, 2012

Order/Opinion

2012 WL 2012

1:11-cv-10852

Settlement Agreement

May 20, 2013

May 20, 2013

Settlement Agreement
44

1:11-cv-10852

Stipulation of Dismissal

May 23, 2013

May 23, 2013

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4274263/house-v-napolitano/

Last updated March 14, 2024, 3:25 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Plaintiffs Filing fee: $ 350, receipt number 0101-3403625 (Fee Status: Filing Fee paid), filed by David House. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Category Sheet)(Reinstein, John) (Entered: 05/13/2011)

1 Civil Cover Sheet

View on RECAP

2 Civil Cover Sheet Category Sheet

View on RECAP

May 13, 2011

May 13, 2011

RECAP

ELECTRONIC NOTICE of Case Assignment. Judge Denise J. Casper assigned to case. If the trial Judge issues an Order of Reference of any matter in this case to a Magistrate Judge, the matter will be transmitted to Magistrate Judge Jennifer C. Boal. (Abaid, Kimberly)

May 13, 2011

May 13, 2011

PACER
2

Summons Issued as to Alan Bersin, John T. Morton, Janet Napolitano. Counsel receiving this notice electronically should download this summons, complete one for each defendant and serve it in accordance with Fed.R.Civ.P. 4 and LR 4.1. Summons will be mailed to plaintiff(s) not receiving notice electronically for completion of service. (Attachments: # 1 Notice of Summons) (York, Steve) (Entered: 05/13/2011)

1 Notice of Summons

View on PACER

May 13, 2011

May 13, 2011

PACER
3

MOTION for Leave to Appear Pro Hac Vice for admission of Catherine Crump Filing fee: $ 50, receipt number 0101-3404557 by David House. (Attachments: # 1 Affidavit of Catherine Crump)(Reinstein, John) (Entered: 05/13/2011)

1 Affidavit of Catherine Crump

View on PACER

May 13, 2011

May 13, 2011

PACER
4

AFFIDAVIT OF SERVICE Executed by David House. Janet Napolitano served on 5/13/2011, answer due 6/3/2011. Acknowledgement filed by David House. (De Vincentis, Alexia) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
5

AFFIDAVIT OF SERVICE Executed by David House. Alan Bersin served on 5/13/2011, answer due 6/3/2011. Acknowledgement filed by David House. (De Vincentis, Alexia) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER
6

AFFIDAVIT OF SERVICE Executed by David House. John T. Morton served on 5/13/2011, answer due 6/3/2011. Acknowledgement filed by David House. (De Vincentis, Alexia) (Entered: 05/19/2011)

May 19, 2011

May 19, 2011

PACER

Set/Reset Answer Deadlines for All Defendants. Answers due 7/13/2011. (Gaudet, Jennifer)

May 24, 2011

May 24, 2011

PACER

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 3 Motion for Leave to Appear Pro Hac Vice Added Catherine Crump. Attorneys admitted Pro Hac Vice must register for electronic filing. To register go to the Court website at www.mad.uscourts.gov. Select Case Information, then Electronic Filing (CM/ECF) and go to the CM/ECF Registration Form. (Gaudet, Jennifer)

June 1, 2011

June 1, 2011

PACER
7

NOTICE of Appearance by Barbara Healy Smith on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Healy Smith, Barbara) (Entered: 07/05/2011)

July 5, 2011

July 5, 2011

PACER
8

Joint MOTION to Enter Briefing Schedule by Alan Bersin, John T. Morton, Janet Napolitano. (Attachments: # 1 Text of Proposed Order)(Healy Smith, Barbara) (Entered: 07/05/2011)

1 Text of Proposed Order

View on PACER

July 5, 2011

July 5, 2011

PACER

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 8 Joint Motion to Enter Briefing Schedule by Alan Bersin, John T. Morton, Janet Napolitano. Defts.' motion in response to complaint due 7/28/2011; pltf.'s opp due 8/31/2011; defts.' reply brief due 9/14/2011 and defts.' sur-reply due 9/28/2011. (Gaudet, Jennifer)

July 6, 2011

July 6, 2011

PACER
9

NOTICE of Appearance by Diane Kelleher on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Kelleher, Diane) (Entered: 07/13/2011)

July 13, 2011

July 13, 2011

PACER
10

MOTION to Dismiss or in the Alternative for Summary Judgment by Alan Bersin, John T. Morton, Janet Napolitano.(Kelleher, Diane) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

RECAP
11

MEMORANDUM in Support re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Alan Bersin, John T. Morton, Janet Napolitano. (Kelleher, Diane) (Entered: 07/28/2011)

July 28, 2011

July 28, 2011

RECAP
12

STATEMENT of facts re 10 MOTION to Dismiss or in the Alternative for Summary Judgment. (Attachments: # 1 Exhibit Exhibits to Defendants' LR 56.1 Statement)(Kelleher, Diane) (Entered: 07/28/2011)

1 Exhibit Exhibits to Defendants' LR 56.1 Statement

View on PACER

July 28, 2011

July 28, 2011

RECAP
13

MOTION for Extension of Time to 09/14/11 to File Response/Reply as to 10 MOTION to Dismiss or in the Alternative for Summary Judgment by David House. (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 08/17/2011)

1 Text of Proposed Order

View on PACER

Aug. 17, 2011

Aug. 17, 2011

PACER

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 13 Unopposed Motion for Extension of Time to File Response/Reply re 10 MOTION to Dismiss or in the Alternative for Summary Judgment. Responses due by 9/14/2011. "Granted to this extent counsel must seek leave of Court to file reply and sur-reply." (Gaudet, Jennifer)

Aug. 24, 2011

Aug. 24, 2011

PACER
14

MOTION for Extension of Time to 09/21/2011 to File Response/Reply as to 10 MOTION to Dismiss or in the Alternative for Summary Judgment by David House. (Attachments: # 1 Text of Proposed Order)(Crump, Catherine) (Entered: 09/09/2011)

1 Text of Proposed Order

View on PACER

Sept. 9, 2011

Sept. 9, 2011

PACER

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 14 Unopposed Motion for Extension of Time to File Response/Reply re 10 MOTION to Dismiss or in the Alternative for Summary Judgment. Responses due by 9/21/2011. (Gaudet, Jennifer)

Sept. 12, 2011

Sept. 12, 2011

PACER
15

Opposition re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Crump, Catherine) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

RECAP
16

MEMORANDUM in Opposition re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Crump, Catherine) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

RECAP
17

Statement of Material Facts L.R. 56.1 re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Crump, Catherine) (Entered: 09/21/2011)

Sept. 21, 2011

Sept. 21, 2011

PACER
18

MOTION to Withdraw as Attorney by David House.(De Vincentis, Alexia) (Entered: 09/30/2011)

Sept. 30, 2011

Sept. 30, 2011

RECAP

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 18 Motion to Withdraw as Attorney. Attorney Alexia R. De Vincentis terminated. (Gaudet, Jennifer)

Oct. 3, 2011

Oct. 3, 2011

PACER

ELECTRONIC NOTICE Setting Hearing on Motion 10 MOTION to Dismiss or in the Alternative for Summary Judgment : Motion Hearing set for 12/20/2011 02:00 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)

Oct. 11, 2011

Oct. 11, 2011

PACER
19

MOTION for Leave to File Reply Brief in Response to Plaintiff's Opposition (Unopposed) by Alan Bersin, John T. Morton, Janet Napolitano. (Attachments: # 1 Exhibit Defendants' Reply Brief)(Kelleher, Diane) (Entered: 10/27/2011)

1 Exhibit Defendants' Reply Brief

View on PACER

Oct. 27, 2011

Oct. 27, 2011

PACER

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 19 Unopposed Motion for Leave to File a Reply Brief; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer)

Oct. 28, 2011

Oct. 28, 2011

PACER
20

REPLY to Response to 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Alan Bersin, John T. Morton, Janet Napolitano. (Kelleher, Diane) (Entered: 10/28/2011)

Oct. 28, 2011

Oct. 28, 2011

RECAP

ELECTRONIC NOTICE TO COUNSEL re: Cameras in the Courtroom Project. The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. (Re: motion to dismiss or in the alternative for summary judgment scheduled for 11/20/11) (Hourihan, Lisa)

Nov. 15, 2011

Nov. 15, 2011

PACER

CORRECTED ELECTRONIC NOTICE TO COUNSEL re: Cameras in the Courtroom Project. (TO REFLECT PROPER HEARING DATE) The parties in this case are hereby notified that this scheduled proceeding is eligible for video recording. Counsel are directed to the district court web site at http://www.mad.uscourts.gov/general/cameras.html to determine if they wish to consent to video recording. Responses are due seven days from the date of this notice. (Re: motion to dismiss or in the alternative for summary judgment scheduled for 12/20/11) (Hourihan, Lisa)

Nov. 15, 2011

Nov. 15, 2011

PACER
21

MOTION for Leave to File Surreply by David House. (Attachments: # 1 Exhibit Proposed Surreply, # 2 Affidavit Declaration of Alexander Stamos)(Crump, Catherine) (Entered: 12/05/2011)

1 Exhibit Proposed Surreply

View on PACER

2 Affidavit Declaration of Alexander Stamos

View on PACER

Dec. 5, 2011

Dec. 5, 2011

RECAP

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 21 Motion for Leave to File Surreply in Opposition to Motion to Dismiss; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Gaudet, Jennifer)

Dec. 6, 2011

Dec. 6, 2011

PACER
22

SUR-REPLY to Motion re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by David House. (Attachments: # 1 Affidavit Declaration of Alexander Stamos)(Crump, Catherine) (Entered: 12/06/2011)

1 Affidavit Declaration of Alexander Stamos

View on RECAP

Dec. 6, 2011

Dec. 6, 2011

RECAP

ELECTRONIC NOTICE of Hearing. Telephone Conference set for 12/9/2011 10:00 AM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa)

Dec. 9, 2011

Dec. 9, 2011

PACER

ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Telephone Conference held on 12/9/2011. Discussion on cameras in the courtroom pilot project and the procedures. (Court Reporter: Lee Marzilli at leemarz@aol.com.)(Attorneys present: Catherine Crump and John Reinstein for theplaintiff. Diane Kelliher and Rosemary Connelly for the Government.) (Hourihan, Lisa)

Dec. 9, 2011

Dec. 9, 2011

PACER

ELECTRONIC NOTICE Resetting Hearing on Motion 10 MOTION to Dismiss or in the Alternative for Summary Judgment : Motion Hearing set for 12/20/2011 02:00 PM in Courtroom 2 before Judge Denise J. Casper. (NOTE: change in courtroom only)(Hourihan, Lisa)

Dec. 9, 2011

Dec. 9, 2011

PACER

ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Motion Hearing held on 12/20/2011 re 10 MOTION to Dismiss or in the Alternative for Summary Judgment filed by Alan Bersin, John T. Morton, Janet Napolitano. Arguments. Court takes under advisement 10 Motion to Dismiss; (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Catherine Crimp and John Reinstein for the plaintiff. Diane Kelleher, Sandra Schraibman and Paul McClusky for the defendants.) (Hourihan, Lisa)

Dec. 20, 2011

Dec. 20, 2011

PACER
23

NOTICE by Alan Bersin, John T. Morton, Janet Napolitano (Attachments: # 1 Exhibit Cotterman En Banc Order)(Kelleher, Diane) (Entered: 03/26/2012)

1 Exhibit Cotterman En Banc Order

View on RECAP

March 26, 2012

March 26, 2012

RECAP
24

Judge Denise J. Casper: ORDER entered. MEMORANDUM AND ORDER - denying Defendants' motion to dismiss. (Maynard, Timothy) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

RECAP
25

NOTICE of Scheduling Conference Scheduling Conference set for 5/7/2012 02:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

RECAP
26

Judge Denise J. Casper: ORDER entered. Standing Order Re: Courtroom Opportunities for Relatively Inexperienced Attorneys(Hourihan, Lisa) (Entered: 03/28/2012)

March 28, 2012

March 28, 2012

RECAP
27

MOTION for Extension of Time to Answer the Complaint, MOTION for Extension of Time to File Answer ( Responses due by 4/16/2012) by Alan Bersin, John T. Morton, Janet Napolitano.(Kelleher, Diane) (Entered: 04/02/2012)

April 2, 2012

April 2, 2012

RECAP

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 27 Motion for Extension of Time; granting 27 Motion for Extension of Time to Answer re 1 Complaint Alan Bersin answer due 4/27/2012; John T. Morton answer due 4/27/2012; Janet Napolitano answer due 4/27/2012. (Maynard, Timothy)

April 3, 2012

April 3, 2012

PACER
28

Joint MOTION for Extension of Time to Reschedule Scheduling Conference to June 18, 2012 by Alan Bersin, David House, John T. Morton, Janet Napolitano.(Kelleher, Diane) (Entered: 04/10/2012)

April 10, 2012

April 10, 2012

RECAP

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 28 Motion for Extension of Time Scheduling Conference set for 6/18/2012 03:00 PM in Courtroom 11 before Judge Denise J. Casper. (Maynard, Timothy)

April 11, 2012

April 11, 2012

PACER
29

NOTICE of Appearance by Amy E. Powell on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Powell, Amy) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
30

ANSWER to 1 Complaint by Alan Bersin, John T. Morton, Janet Napolitano.(Powell, Amy) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

RECAP
31

JOINT STATEMENT of counsel Pursuant to Local Rule 16.1(D). (Kelleher, Diane) (Entered: 06/11/2012)

June 11, 2012

June 11, 2012

RECAP
32

CERTIFICATION pursuant to Local Rule 16.1 (d)(3). (Kelleher, Diane) (Entered: 06/12/2012)

June 12, 2012

June 12, 2012

RECAP
33

CERTIFICATION pursuant to Local Rule 16.1 . (Reinstein, John) (Entered: 06/13/2012)

June 13, 2012

June 13, 2012

RECAP
34

ELECTRONIC NOTICE OF RESCHEDULING Scheduling Conference set for 6/18/2012 04:00 PM in Courtroom 11 before Judge Denise J. Casper. (Maynard, Timothy) (Entered: 06/18/2012)

June 18, 2012

June 18, 2012

PACER
35

ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Scheduling Conference held on 6/18/2012, Initial disclosures due by 6/29/12. Amended Pleadings due by 8/29/2012. Fact discovery due by 3/15/13. Plaintiff's expert disclosure due by 4/15/13. Defendants' expert disclosure due by 5/15/13. Expert discovery to be completed by 6/14/2013. Summary Judgment Motions due by 7/15/2013. Opposition and/or cross motion for summary judgment due by 8/15/13. Status Conference set for 3/18/2013 02:00 PM in Courtroom 11 before Judge Denise J. Casper(Court Reporter: Catherine Handel at 617-261-0555.)(Attorneys present: Catherine Crump and John Reinstein for the plaintiff. Diane Kelliher for the defendants.) (Hourihan, Lisa) (Entered: 06/19/2012)

June 18, 2012

June 18, 2012

PACER
36

Judge Denise J. Casper: ORDER entered. SCHEDULING ORDER.(Hourihan, Lisa) (Entered: 06/19/2012)

June 19, 2012

June 19, 2012

PACER
37

NOTICE of Appearance by Jennifer A. Serafyn on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Serafyn, Jennifer) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

RECAP
38

NOTICE of Withdrawal of Appearance by Barbara Healy Smith (Healy Smith, Barbara) (Entered: 01/11/2013)

Jan. 11, 2013

Jan. 11, 2013

PACER
39

NOTICE of Appearance by Marsha S. Edney on behalf of Alan Bersin, John T. Morton, Janet Napolitano (Edney, Marsha) (Entered: 03/05/2013)

March 5, 2013

March 5, 2013

RECAP
40

Joint MOTION to Continue status conference to April 2013 by Alan Bersin, John T. Morton, Janet Napolitano.(Edney, Marsha) (Entered: 03/13/2013)

March 13, 2013

March 13, 2013

RECAP
41

Judge Denise J. Casper: ELECTRONIC ORDER entered granting 40 Motion to Continue Status Conference set for 4/23/2013 03:15 PM in Courtroom 11 before Judge Denise J. Casper. (Hourihan, Lisa) (Entered: 03/15/2013)

March 15, 2013

March 15, 2013

PACER
42

ELECTRONIC Clerk's Notes for proceedings held before Judge Denise J. Casper: Status Conference held on 4/23/2013. Counsel report they are close to settlement. Counsel request a 30 day stay of the case. Stipulation of dismissal to be filed by 5/23/13. (Court Reporter: Debra Joyce at joycedebra@gmail.com.)(Attorneys present: Catherine Crump for the plaintiff. Marsha Edney for the defendants. (By phone)) (Hourihan, Lisa) (Entered: 04/24/2013)

April 23, 2013

April 23, 2013

PACER
44

STIPULATION of Dismissal by David House. (Crump, Catherine) (Entered: 05/23/2013)

May 23, 2013

May 23, 2013

RECAP

Case Details

State / Territory: Massachusetts

Case Type(s):

National Security

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: May 13, 2011

Closing Date: 2013

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Private individual

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Customs and Border Protection, Federal

Department of Homeland Security, Federal

U.S. Immigration and Customs Enforcement, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Unreasonable search and seizure

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General:

Confidentiality

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