Case: ACLU of Georgia v. U.S. Department of Homeland Security

1:17-cv-01309 | U.S. District Court for the Northern District of Georgia

Filed Date: April 12, 2017

Closed Date: July 31, 2019

Clearinghouse coding complete

Case Summary

On April 12, 2017, the ACLUs of Georgia, North Carolina, South Carolina, and West Virginia filed this suit under the Freedom of Information Act (FOIA). This was one of more than a dozen such suits; each aimed to access information on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen. Specifically, plaintiffs sought information "concerning C…

On April 12, 2017, the ACLUs of Georgia, North Carolina, South Carolina, and West Virginia filed this suit under the Freedom of Information Act (FOIA). This was one of more than a dozen such suits; each aimed to access information on how U.S. Customs and Border Protection implemented President Trump's Jan. 27 and Mar. 6 Executive Orders (EO) banning admission to the U.S. of nationals of Iraq, Iran, Libya, Somalia, Sudan, Syria and Yemen.

Specifically, plaintiffs sought information "concerning CBP’s local implementation of President Trump’s January 27, 2017 Executive Order...as well as any other judicial order or executive directive issued regarding Executive Order No. 1, including President Trump’s March 6, 2017 Executive Order." The request concerned implementation at international airports within the purview of CBP's College Park Field Office, including Hartsfield/Jackson International Airport, Charlotte Douglas International Airport, Charleston International Airport, and Yeager International Airport. The request also concerned the number of individuals who were detained or subjected to secondary screening, extended questioning, enforcement examination, or consideration for a waiver at the aforementioned airports pursuant to the EO. In the complaint, the plaintiffs argued that the requested records "would facilitate the public’s understanding of how Defendants implemented and enforced the Executive Orders" and that "[s]uch information is critical to the public’s ability to hold the government accountable."

The case was assigned to Judge Richard W. Story.

On May 8, the government filed a motion to treat all of these FOIA cases as "multidistrict litigation" effectively consolidating them before the U.S. District Court for the District of Columbia. For the transfer motion see this case. On May 12, the defendants filed a motion to stay the proceedings pending a decision on the motion to transfer, which the court granted on June 30.

On Aug. 2, the U.S. District Judicial Panel on Multidistrict Litigation denied the government's consolidation motion. 261 F. Supp. 3d 1348. In its order, the Panel found that, although the thirteen FOIA cases share "a limited number of factual issues," these issues "appear relatively straightforward and unlikely to entail extensive pretrial proceedings."

Later that week, Judge Story lifted the stay and litigation continued.

On Dec. 13, 2017, the court ordered the government to process at least 1,000 pages of potentially responsive records, and to produce responsive records from that batch, by Jan. 16, 2018. The court also ordered the government to repeat this process every month. Status report filed in June and September indicated that the government had completed its production and the parties were in the process of discussing it with the goal of avoiding further litigation.

On Oct. 30, 2018, the case was reassigned to Judge William M Ray, II.

Besides a brief stay in the production of documents late in 2018 (due to the government shutdown), the parties seemed to work in good faith with one another on document production. On July 30, 2019, the parties filed a stipulation of dismissal to end the case. The case is now closed.

The documents released by the government in all the ACLU cases are available through this case page. This case is closed.

Summary Authors

Virginia Weeks (4/18/2017)

Virginia Weeks (11/1/2018)

Jamie Kessler (8/7/2017)

Jack Hibbard (8/18/2020)

Related Cases

American Civil Liberties Union of Hawai'i v. U.S. Department of Homeland Security, Northern District of California (2017)

American Civil Liberties Union of San Diego v. U.S. Department of Homeland Security, Southern District of California (2017)

American Civil Liberties Union of Virginia v. U.S. Department of Homeland Security, Eastern District of Virginia (2017)

American Civil Liberties Union of Illinois v. U.S. Department of Homeland Security, Northern District of Illinois (2017)

American Civil Liberties Union of Maine v. U.S. Customs and Border Protection, District of Maine (2017)

ACLU Foundation of Texas v. U.S. Customs and Border Protection, Southern District of Texas (2017)

American Civil Liberties Union of Florida v. U.S. Department of Homeland Security, Southern District of Florida (2017)

ACLU of Southern California v. U.S. Department of Homeland Security, Central District of California (2017)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4684679/parties/american-civil-liberties-union-of-georgia-inc-v-us-department-of/


Judge(s)

Breyer, Charles R. (California)

Attorney for Plaintiff

Broussard, David Barret (Georgia)

Attorney for Defendant

Berns, Matthew (District of Columbia)

Cooper, Lisa D. (Georgia)

Hunt, Joseph H. (District of Columbia)

Judge(s)

Breyer, Charles R. (California)

Huvelle, Ellen Segal (District of Columbia)

Kaplan, Lewis A. (New York)

Perry, Catherine D. (Missouri)

Proctor, R. David (Alabama)

Ray, William McCrary II (Georgia)

Story, Richard W. (Georgia)

Vance, Sarah S. (Louisiana)

show all people

Documents in the Clearinghouse

Document

1:17-cv-01309

Docket [PACER]

American Civil Liberties Union of Georgia v. U.S. Department of Homeland Security

July 31, 2020

July 31, 2020

Docket
1

1:17-cv-01309

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

April 12, 2017

April 12, 2017

Complaint
25

1:17-cv-01309

Order Denying Transfer

In re: American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769

Aug. 2, 2017

Aug. 2, 2017

Order/Opinion

261 F.Supp.3d 261

56

1:17-cv-01309

Stipulation of Dismissal with Prejudice

American Civil Liberties Union of Georgia v. U.S. Department of Homeland Security

July 30, 2019

July 30, 2019

Pleading / Motion / Brief

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4684679/american-civil-liberties-union-of-georgia-inc-v-us-department-of/

Last updated Jan. 23, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of West Virginia, Inc., American Civil Liberties Union of South Carolina, Inc. ( Filing fee $ 400 receipt number 113E-7084219.) (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B)(bnw) Please visit our website at http://www.gand.uscourts.gov/commonly-used-forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/12/2017)

1 Civil Cover Sheet

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2 Exhibit A

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3 Exhibit B

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April 12, 2017

April 12, 2017

PACER
2

Electronic Summons Issued as to U.S. Customs and Border Protection and U.S. Department of Homeland Security. (Attachments: # 1 Summons U.S. Department of Homeland Security)(bnw) (Entered: 04/12/2017)

1 Summons U.S. Department of Homeland Security

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April 12, 2017

April 12, 2017

PACER

Notification of Docket Correction: Judge Duffey entered on case in error, case assigned to Jude Story (aar)

April 13, 2017

April 13, 2017

PACER
3

Certificate of Interested Persons by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
4

Court Notice Of Filing: Standing Order Regarding Civil Litigation by Judge Richard W. Story. (sk) (Entered: 04/13/2017)

April 13, 2017

April 13, 2017

PACER
5

NOTICE of Appearance by Matthew J. Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Berns, Matthew) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER
6

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Motion filed with the JPML to Transfer Action Pursuant to 28 U.S.C. 1407 (Attachments: # 1 Index of Exhibits, # 2 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting Memorandum, # 4 Exhibit 3 - Schedule of Actions)(Berns, Matthew) (Entered: 05/08/2017)

1 Index of Exhibits

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2 Exhibit 1 - Transfer Motion

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3 Exhibit 2 - Supporting Memorandum

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4 Exhibit 3 - Schedule of Actions

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May 8, 2017

May 8, 2017

PACER
7

Unopposed MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint with Brief In Support by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 05/10/2017)

1 Text of Proposed Order

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May 10, 2017

May 10, 2017

PACER
8

ORDER granting 7 Motion for Extension of Time to Answer or Otherwise Respond to 1 Complaint. U.S. Customs and Border Protection Answer due 7/1/2017; U.S. Department of Homeland Security Answer due 7/1/2017. Signed by Judge Richard W. Story on 5/11/2017. (bdb) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
9

MOTION to Stay Proceedings Pending Decision on Motion to Transfer with Brief In Support by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Brief)(Berns, Matthew) (Entered: 05/12/2017)

1 Brief

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May 12, 2017

May 12, 2017

PACER
10

Consent MOTION for Extension of Time to Respond to Defendants' Motion to Stay Proceedings Pending Decision on Motion to Transfer re: 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER
11

ORDER granting 10 Consent Motion for Extension of Time for Plaintiffs to Respond to 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer to 6/9/2017. Signed by Judge Richard W. Story on 5/24/2017. (bdb) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
12

NOTICE Of Filing by U.S. Customs and Border Protection, U.S. Department of Homeland Security of JPML Reply Brief (Attachments: # 1 JPML Reply Brief)(Berns, Matthew) (Entered: 06/06/2017)

1 JPML Reply Brief

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June 6, 2017

June 6, 2017

PACER
13

RESPONSE in Opposition re 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 06/09/2017)

June 9, 2017

June 9, 2017

PACER
14

NOTICE Of Filing by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. of Memorandum in Opposition filed with the JPML (Attachments: # 1 Exhibit)(Podolsky, Gail) (Entered: 06/09/2017)

1 Exhibit

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June 9, 2017

June 9, 2017

PACER
15

NOTICE Of Filing by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. re 13 Response in Opposition to Motion, Exhibit A (Attachments: # 1 Exhibit)(Podolsky, Gail) (Entered: 06/12/2017)

1 Exhibit

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June 12, 2017

June 12, 2017

PACER
16

REPLY BRIEF re 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer filed by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Berns, Matthew) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER

Submission of 9 MOTION to Stay Proceedings Pending Decision on Motion to Transfer. Submitted to District Judge Richard W. Story. (bdb)

June 26, 2017

June 26, 2017

PACER
17

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Two Recent Decisions Granting Defendants' Stay Motions (Attachments: # 1 Eastern District of Virginia Opinion)(Berns, Matthew) (Entered: 06/26/2017)

1 Eastern District of Virginia Opinion

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June 26, 2017

June 26, 2017

PACER
18

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Recent Decision Granting Defendants' Stay Motion (Attachments: # 1 Northern District of Illinois Order)(Berns, Matthew) (Entered: 06/28/2017)

1 Northern District of Illinois Order

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June 28, 2017

June 28, 2017

PACER
19

DOCUMENT FILED IN ERRORNOTICE by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. of Decisions (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit)(Podolsky, Gail) Modified on 6/29/2017 per telephone call from counsel. Attorney will re-file. (fem). (Entered: 06/29/2017)

June 29, 2017

June 29, 2017

PACER
20

NOTICE by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. of Decisions (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Podolsky, Gail) (Entered: 06/29/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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June 29, 2017

June 29, 2017

PACER
21

NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Recent Decision in Related Case (Attachments: # 1 Southern District of Florida Order)(Berns, Matthew) (Entered: 06/29/2017)

1 Southern District of Florida Order

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June 29, 2017

June 29, 2017

PACER
22

Consent MOTION for Extension of Time to File Answer or Otherwise Respond to Complaint with Brief In Support by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 06/30/2017)

1 Text of Proposed Order

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June 30, 2017

June 30, 2017

PACER
23

ORDER granting 9 Motion to Stay and denying as moot 22 Motion for Extension of Time to Answer. Signed by Judge Richard W. Story on 06/30/2017. (sek) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
24

NOTICE of Appearance by Sean Young on behalf of American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. (Young, Sean) (Entered: 07/31/2017)

July 31, 2017

July 31, 2017

PACER
25

ORDER DENYING TRANSFER of MDL Panel (No. 2786) re: MOTION for Centralization of actions is denied. Signed by Multidistrict Litigation Chair, Sarah S. Vance. (bdb) (Entered: 08/03/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
26

ORDER LIFTING STAY. On August 2, 2017, the JPML issued an order denying transfer of this action. Defendants are ORDERED to file their response to the Complaint not later than August 22, 2017. Signed by Judge Richard W. Story on 08/07/2017. (rsg) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER

Set Answer Deadline: U.S. Customs and Border Protection and U.S. Department of Homeland Security answer due 8/22/2017. (rsg)

Aug. 7, 2017

Aug. 7, 2017

PACER
27

ANSWER to 1 COMPLAINT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Discovery ends on 1/19/2018.(Berns, Matthew) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
28

NOTICE of Appearance by Emily B. Nestler on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Nestler, Emily) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
29

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
30

SCHEDULING ORDER: The Court has reviewed the 29 Joint Preliminary Report filed by the parties. The parties are ORDERED submit a joint status report by October 27, 2017. Signed by Judge Richard W. Story on 10/04/2017. (rsg) (Entered: 10/05/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
31

Consent MOTION for Extension of Time file Joint Status Report by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Attachments: # 1 Text of Proposed Order)(Podolsky, Gail) (Entered: 10/27/2017)

1 Text of Proposed Order

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Oct. 27, 2017

Oct. 27, 2017

PACER
32

ORDER granting 31 Motion for Extension of Time. The parties shall have through and including October 31, 2017 to file the Joint Status Report. Signed by Judge Richard W. Story on 10/30/2017. (dgr) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
33

Consent MOTION for Extension of Time to file Joint Status Report by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 10/31/2017)

Oct. 31, 2017

Oct. 31, 2017

PACER
34

ORDER granting 33 Motion for Extension of Time. The Parties shall have through and including November 3, 2017, to file the Joint Status Report. Signed by Judge Richard W. Story on 11/01/2017. (dgr) (Entered: 11/01/2017)

Nov. 1, 2017

Nov. 1, 2017

PACER
35

STATUS REPORT Jointly Submitted by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Nestler, Emily) (Entered: 11/03/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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Nov. 3, 2017

Nov. 3, 2017

PACER
36

ORDER: The Court will permit Defendants to proceed with the review and production as they propose. The parties should communicate in good faith to address concerns raised by Plaintiffs. Also, the Court will be willing to revisit Plaintiffs objections should the production be inadequate. Defendants shall submit a proposed schedule within 14 days, and Plaintiffs may file a response within 14 days thereafter. Signed by Judge Richard W. Story on 11/07/2017. (dgr) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
37

PROPOSED ORDER Defendants' Proposed Production Schedule re: 36 Order,. (Attachments: # 1 Exhibit A, Declaration of Patrick Howard)(Nestler, Emily) (Entered: 11/21/2017)

1 Exhibit A, Declaration of Patrick Howard

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Nov. 21, 2017

Nov. 21, 2017

PACER
38

RESPONSE re 37 Proposed Order in Opposition to Defendants' Proposed Production Schedule filed by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(Podolsky, Gail) (Entered: 12/05/2017)

1 Exhibit

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2 Exhibit

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3 Exhibit

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Dec. 5, 2017

Dec. 5, 2017

PACER
39

ORDER: The Court, therefore, finds Defendants Proposed Production Schedule 37 inadequate. Instead, the Court ORDERS the following: 1. By no later than January 16, 2018, Defendants shall process no less than 1,000 pages of the records identified as potentially responsive to Plaintiffs FOIA request and (i) produce to Plaintiff all responsive, non-exemptrecords identified in this review and (ii) identify any asserted exemptions. 2. Each month thereafter, Defendants shall repeat this process, processing no less than 1,000 pages of the records identified as potentially responsive to Plaintiffs FOIA request and, by the 16th of each month, (i)produce to Plaintiff all responsive, non-exempt records identified in this review and (ii) identify any asserted exemptions. 3. By no later than June 17, 2018, Defendants shall have fully responded to Plaintiffs request, having reviewed all records identified as potentially responsive to Plaintiffs FOIA request and (i) produced to Plaintiffall responsive, non-exempt records identified and (ii) identified any asserted exemptions. 4. By June 17, 2018, the Parties shall submit a joint status report and proposed case schedule to the Court, addressing: (i) the status of Defendants response to Plaintiffs FOIA request; and (ii) a proposed briefing schedule for dispositive motions, if appropriate. Signed by Judge Richard W. Story on 12/13/2017. (rsg) (Entered: 12/13/2017)

Dec. 13, 2017

Dec. 13, 2017

PACER
40

CERTIFICATE of Counsel Certificate of Consent to Withdraw as Counsel by Matthew J. Berns on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Berns, Matthew) (Entered: 12/26/2017)

Dec. 26, 2017

Dec. 26, 2017

PACER
41

Unopposed MOTION for Extension of Time for February Record Release by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Nestler, Emily) (Entered: 02/12/2018)

1 Text of Proposed Order

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Feb. 12, 2018

Feb. 12, 2018

PACER
42

ORDER granting 41 Motion for Extension of Time for February Record Release. Defendants' February record release shall be enlarged through and including February 27, 2018. Signed by Judge Richard W. Story on 02/13/2018. (rsg) (Entered: 02/13/2018)

Feb. 13, 2018

Feb. 13, 2018

PACER
43

NOTICE of Appearance by Rachael Westmoreland on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Westmoreland, Rachael) (Entered: 04/04/2018)

April 4, 2018

April 4, 2018

PACER
44

CERTIFICATE of Counsel Consent to Emily Nestler's Withdrawal by Rachael Westmoreland on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security (Westmoreland, Rachael) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
45

STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Westmoreland, Rachael) (Entered: 06/15/2018)

June 15, 2018

June 15, 2018

PACER
46

ORDER: The parties propose that they be permitted to follow this course and submit another joint status report in 90 days. The parties request is granted. They shall submit another status report in 90 days, setting forth a briefing schedule should motions be required. Signed by Judge Richard W. Story on 06/18/2018. (dgr) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER
47

STATUS REPORT by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
48

ORDER: On September 14, 2018, the parties submitted their Joint Status Report 47 to the Court. After reviewing the Report, the Court enters the following Order. The parties are making good faith efforts to discuss Defendants' production and to resolve the case without motions practice. The parties propose that they be permitted to follow this course and submit another joint status report in 60 days. The parties' request is granted. They shall submit another status report in 60 days, setting forth a briefing schedule should motions be required. Signed by Judge Richard W. Story on 09/17/2018. (dgr) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER

Case Reassigned to Judge William M Ray, II. Judge Richard W. Story no longer assigned to case. NOTICE TO ALL COUNSEL OF RECORD: The Judge designation in the civil action number assigned to this case has been changed to 1:17-cv-01309-WMR. Please make note of this change in order to facilitate the docketing of pleadings in this case. (dgr)

Oct. 30, 2018

Oct. 30, 2018

PACER
49

JOINT STATUS REPORT by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Westmoreland, Rachael) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER

NOTICE of Hearing: Status Conference set for 1/31/2019 at 1:00 PM in ATLA Courtroom 1705 before Judge William M Ray II re 49 JOINT STATUS REPORT. (jkl)

Dec. 4, 2018

Dec. 4, 2018

PACER
50

Administrative Order Staying Civil Proceedings in Light of Lapse Appropriations. Signed by Chief Judge Thomas W. Thrash, Jr. on 12/26/18.(aaq) (Entered: 12/27/2018)

Dec. 26, 2018

Dec. 26, 2018

PACER

NOTICE OF CANCELLATION of Hearing re: NOTICE of Hearing: Status Conference set for 1/31/2019 at 1:00 PM in ATLA Courtroom 1705 before Judge William M Ray II re 49 JOINT STATUS REPORT. A new date will be set. (jkl) (jkl)

Jan. 28, 2019

Jan. 28, 2019

PACER

NOTICE of Hearing: Status Conference RESET for 2/13/2019 at 12:00 PM in ATLA Courtroom 1705 before Judge William M Ray II. (jkl)

Jan. 28, 2019

Jan. 28, 2019

PACER
51

NOTICE of Appearance by David Barret Broussard on behalf of American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc. (Broussard, David) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
52

ORDER that this case shall be terminated and all claims dismissed on June 1, 2019, unless either the Plaintiffs or Defendants notify the Court prior to that time that they object to the dismissal and that there remain other matters for resolution. Signed by Judge William M Ray, II on 2/13/19. (jpa) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
53

Minute Entry for proceedings held before Judge William M Ray, II: Status Conference held on 2/13/2019. Parties updated the Court as to the status of document production and the thirteen parallel cases across the country. Both parties agreed there were no substantive issues requiring summary judgment briefing. The Court ordered that if no motions are filed by either party by June 1, 2019, the case would be dismissed, absent prior notice from the parties requesting an extension. Defendant anticipates if settlement is reached, it would be well in advance of that date. A written order will follow. (Court Reporter Wynette Blathers)(rlb) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
54

Joint MOTION for Extension of Time to Extend Date of Dismissal by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 05/29/2019)

May 29, 2019

May 29, 2019

PACER
55

ORDER granting 54 Joint Motion to Extend Date of Dismissal. Parties shall have until Tuesday, July 30, 2019, to notify the Court of any outstanding issues, and delay any dismissal of this case to Wednesday, July 31, 2019 at the earliest. Signed by Judge William M Ray, II on 6/4/19. (rlb) (Entered: 06/04/2019)

June 4, 2019

June 4, 2019

PACER
56

STIPULATION of Dismissal with Prejudice by American Civil Liberties Union of Georgia, Inc., American Civil Liberties Union of North Carolina, Inc., American Civil Liberties Union of South Carolina, Inc., American Civil Liberties Union of West Virginia, Inc.. (Podolsky, Gail) (Entered: 07/30/2019)

July 30, 2019

July 30, 2019

PACER

Clerk's Entry of Dismissal APPROVING 56 Stipulation of Dismissal, pursuant to Fed.R.Civ.P.41(a)(1)(A)(ii) (rlb)

July 31, 2019

July 31, 2019

PACER

Civil Case Terminated. (rlb)

July 31, 2019

July 31, 2019

PACER

Case Details

State / Territory: Georgia

Case Type(s):

National Security

Special Collection(s):

Trump Administration FOIA cases

Multi-LexSum (in sample)

Key Dates

Filing Date: April 12, 2017

Closing Date: July 31, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Civil Liberties Union of Georgia

Plaintiff Type(s):

Non-profit NON-religious organization

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. Department of Homeland Security, Federal

U.S. Customs and Border Protection, Federal

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

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

Special Case Type(s):

Multi-District Litigation (MDL)

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Issues

General:

Record-keeping

Records Disclosure

Terrorism/Post 9-11 issues

Watchlist

Discrimination-basis:

National origin discrimination

Type of Facility:

Government-run

Immigration/Border:

Admission - criteria

Admission - procedure

Asylum - criteria

Asylum - procedure

Refugees

Visas - criteria

Visas - procedures

National Origin/Ethnicity:

Arab/Afgani/Middle Eastern