University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
view search results
page permalink
Case Name Currier v. Department of Homeland Security NS-CA-0023
Docket / Court 3:17-cv-01799 ( N.D. Cal. )
State/Territory California
Case Type(s) National Security
Special Collection Trump Administration FOIA cases
Case Summary
On Mar. 31, 2017, plaintiff Cora Currier sued the defendant agencies under the Freedom of Information Act ("FOIA"). Cora Currier is an employee of First Look Media Works, Inc. and a staff reporter for The Intercept, an online news and journalism platform.

Currier's complaint sought ... read more >
On Mar. 31, 2017, plaintiff Cora Currier sued the defendant agencies under the Freedom of Information Act ("FOIA"). Cora Currier is an employee of First Look Media Works, Inc. and a staff reporter for The Intercept, an online news and journalism platform.

Currier's complaint sought disclosure of agency records by the Department of Homeland Security ("DHS"), Department of State ("DOS"), and Department of Justice ("DOJ") (along with the DOJ's component Offices of the Attorney General, Deputy Attorney General, Legal Counsel, Legislative Affairs, and U.S. Marshals Service). Specifically, Currier sought the disclosure of records concerning the development and execution of travel restrictions barring nationals of several Muslim-majority countries from entering the United States pursuant to President Trump's Jan. 27 Executive Order 13769.

The complaint alleged that on Feb. 1, 2017, Currier submitted a FOIA request to the defendant federal agencies seeking copies of records concerning the analysis and implementation of the Executive Order. Currier requested expedited processing on all requests.

The complaint further alleged that, as of the date of filing, Currier had not received a substantive response from any of the defendant agencies and had exhausted all applicable administrative remedies. Additionally, the complaint alleged that not only had DHS, DOS, and DOJ failed to expedite the processing of Currier's requests, the agencies had also exceeded the generally-applicable 20-day statutory deadline for the processing of any FOIA request. Currier sought an order requiring DHS, DOS, and DOJ to produce the requested records in their entirety, to provide for expeditious proceedings in the action, and to award Currier costs and attorneys fees.

On Mar. 31, the case was assigned to Magistrate Judge Jacqueline Scott Curley.

(On Mar. 6, 2017, the President rescinded the Jan. 27 Executive Order and replaced it with a narrower one, Executive Order 13780.)

On May 19, the plaintiffs filed an amended complaint. The amended complaint alleged that on April 3, 2017, Currier submitted a FOIA request to the defendant federal agencies (including the Department of Defense ("DOD"), which the amended complaint added to the suit as a defendant) seeking copies of records concerning the analysis and implementation of the second Executive Order. The complaint further alleged that, as with the first round of FOIA requests, the defendant federal agencies had not yet responded. Currier sought an order requiring DHS, DOS, DOD, and DOJ to produce the requested records in their entirety, to provide for expeditious proceedings in the action, and to award Currier costs and attorneys fees.

On July 20, Currier filed a motion for a preliminary injunction, requesting that the Court order the defendant agencies to complete the expedited processing of her FOIA request by no later than Sep. 5. The government filed its opposition/response on Aug. 10, and Currier replied on Aug. 17.

On Aug. 24, Magistrate Judge Jacqueline Scott Corley heard oral argument on the PI motion. That day, the court ordered the parties to meet and confer regarding the government's rolling document productions. The parties filed a joint status report on Sept. 6 and appeared for a status conference on Sep. 7. The parties continue to confer about document production. On Sept. 27, the parties filed an additional joint status report and met for another status conference on Sept. 28. On Oct. 26, the parties met for a telephonic conference before Magistrate Judge Jacqueline Scott Corley. On Dec. 7, the defendants filed a status report.

This case is ongoing.

Julie Aust - 12/11/2017


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Content of Injunction
Required disclosure
Defendant-type
Jurisdiction-wide
Discrimination-basis
Immigration status
National origin discrimination
Religion discrimination
General
Confidentiality
Record-keeping
Records Disclosure
Terrorism/Post 9-11 issues
Immigration/Border
Admission - criteria
Admission - procedure
Asylum - criteria
Asylum - procedure
Status/Classification
Visas - criteria
Visas - procedures
National Origin/Ethnicity
Arab/Afgani/Middle Eastern
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action Freedom of Information Act (FOIA), 5 U.S.C. ยง 552
Defendant(s) Various Federal Agencies
Plaintiff Description Cora Currier is an employee of First Look Media Works, Inc. and a staff reporter for The Intercept, an online news and journalism platform.
Class action status sought No
Class action status granted No
Prevailing Party None Yet / None
Public Int. Lawyer No
Nature of Relief None yet
Source of Relief None yet
Case Ongoing Yes
Docket(s)
3:17-cv-1799 (N.D. Cal.)
NS-CA-0023-9000.pdf | Detail
Date: 09/07/2017
Source: PACER [Public Access to Court Electronic Records]
General Documents
Complaint for Injunctive Relief [ECF# 1]
NS-CA-0023-0001.pdf | Detail
Date: 03/31/2017
Source: PACER [Public Access to Court Electronic Records]
First Amended Complaint for Injunctive Relief [ECF# 14]
NS-CA-0023-0002.pdf | Detail
Date: 05/19/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff Cora Currier's Notice of Motion and Motion for Preliminary Injunction; Memorandum in Support of Motion for Preliminary Injunction [ECF# 20]
NS-CA-0023-0003.pdf | Detail
Date: 07/20/2017
Source: PACER [Public Access to Court Electronic Records]
Defendants' Opposition to Plaintiff's Motion For Preliminary Injunction [ECF# 25]
NS-CA-0023-0005.pdf | Detail
Date: 08/10/2017
Source: PACER [Public Access to Court Electronic Records]
Plaintiff Cora Currier's Reply in Support of Motion For Preliminary Injunction [ECF# 27]
NS-CA-0023-0004.pdf | Detail
Date: 08/17/2017
Source: PACER [Public Access to Court Electronic Records]
Judges Corley, Jacqueline Scott (N.D. Cal.) [Magistrate]
NS-CA-0023-9000
Plaintiff's Lawyers Albert, Kendra K. (California)
NS-CA-0023-0003 | NS-CA-0023-9000
Hofmann, Marcia (California)
NS-CA-0023-0001 | NS-CA-0023-0002 | NS-CA-0023-0003 | NS-CA-0023-0004 | NS-CA-0023-9000
Defendant's Lawyers Berns, Matthew (District of Columbia)
NS-CA-0023-0005 | NS-CA-0023-9000
D'Ottavio, Kari E. (District of Columbia)
NS-CA-0023-0005 | NS-CA-0023-9000
Drezner, Michael Leon (District of Columbia)
NS-CA-0023-0005
Readler, Chad A. (District of Columbia)
NS-CA-0023-0005
Shapiro, Elizabeth J. (District of Columbia)
NS-CA-0023-0005
Stretch, Brian (District of Columbia)
NS-CA-0023-0005

- click to show/hide ALL -

new search
view search results
page permalink

- top of page -