Case: American Civil Liberties Union of Northern California v. U.S. Immigration and Customs Enforcement

3:18-cv-03050 | U.S. District Court for the Northern District of California

Filed Date: May 23, 2018

Closed Date: Feb. 26, 2019

Clearinghouse coding complete

Case Summary

On May 23, 2018 the American Civil Liberties Union of Northern California (ACLU-NC) filed this lawsuit against U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). The ACLU brought suit in the U.S. District Court for Northern California seeking declaratory and injunctive relief. ACLU-NC requested records relating to ICE’s purchase of two private databases of automated license plate reader (ALPR) data. The complaint stated that “[t]he potential use by ICE o…

On May 23, 2018 the American Civil Liberties Union of Northern California (ACLU-NC) filed this lawsuit against U.S. Immigration and Customs Enforcement (ICE) under the Freedom of Information Act (FOIA). The ACLU brought suit in the U.S. District Court for Northern California seeking declaratory and injunctive relief. ACLU-NC requested records relating to ICE’s purchase of two private databases of automated license plate reader (ALPR) data. The complaint stated that “[t]he potential use by ICE of data for civil immigration enforcement, an entirely different purpose for which it was originally collected by local police—local criminal investigations—has generated widespread media interest and public concern.” The complaint maintained that access to information about ICE’s use of ALPR databases was necessary to inform meaningful public debate over the scope of government conduct.”

According to the complaint, ACLU-NC submitted FOIA requests on March 19, 2018 and March 21, 2018. The requests sought records including impact assessments and communications between ICE and the vendor of ALPR data. ACLU-NC had yet to receive the requested information at the time of the complaint. ICE contended that, following the initial filing of the complaint, ACLU-NC had access to an interim release of records that occurred on July 13, 2018. In addition, ICE argued that further requested information may be exempt from public disclosure. As a result, ICE moved to dismiss the complaint all together.

The parties later agreed that the remainder of the requested documents would be released on a rolling basis. ACLU-NC received the documents by November 2018. On February 26, 2019, Chief Magistrate Judge Joseph C. Spero granted a stipulation and settlement reached by the parties. The agreement required ICE to pay ACLU-NC $8,597.68 in attorneys' fees and would dismiss the case with prejudice. Following Judge Spero's order granting the settlement, the case closed in February 2019.

Summary Authors

Jesse Schupack (9/23/2018)

Richa Bijlani (11/2/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6867826/parties/american-civil-liberties-union-of-northern-california-v-us-immigration/


Judge(s)

Spero, Joseph C. (California)

Attorney for Plaintiff

Lye, Linda (California)

Riordan, Sean Connor (California)

Attorney for Defendant

Anderson, David Lloyd (California)

Robinson, Kimberly Anne (California)

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Documents in the Clearinghouse

Document

3:18-cv-03050

Docket [PACER]

ACLU of Northern California v. U.S. Immigration and Customs Enforcement

Aug. 24, 2018

Aug. 24, 2018

Docket
1

3:18-cv-03050

Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. § 552 et Seq.

ACLU of Northern California v. U.S. Immigration and Customs Enforcement

May 23, 2018

May 23, 2018

Complaint
20

3:18-cv-03050

Joint Case Management Conference Statement

ACLU of Northern California v. U.S. Immigration and Customs Enforcement

Aug. 16, 2018

Aug. 16, 2018

Pleading / Motion / Brief
33

3:18-cv-03050

Stipulation and Order Re: Settlement and Dismissal with Prejudice

ACLU of Northern California v. U.S. Immigration and Customs Enforcement

Feb. 26, 2019

Feb. 26, 2019

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6867826/american-civil-liberties-union-of-northern-california-v-us-immigration/

Last updated Feb. 16, 2024, 3:01 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. ยง 552 ET SEQ. against U.S. Immigration and Customs Enforcement (Filing fee $ 400.00, receipt number 0971-12376593.). Filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet) (Talla, Vasudha) (Filed on 5/23/2018) Modified on 5/27/2018 (gbaS, COURT STAFF). (Entered: 05/23/2018)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Civil Cover Sheet

View on PACER

May 23, 2018

May 23, 2018

RECAP
2

Case assigned to Magistrate Judge Joseph C. Spero. Counsel for plaintiff or the removing party is responsible for serving the Complaint or Notice of Removal, Summons and the assigned judge's standing orders and all other new case documents upon the opposing parties. For information, visit E-Filing A New Civil Case at http://cand.uscourts.gov/ecf/caseopening.Standing orders can be downloaded from the court's web page at www.cand.uscourts.gov/judges. Upon receipt, the summons will be issued and returned electronically. Counsel is required to send chambers a copy of the initiating documents pursuant to L.R. 5-1(e)(7). A scheduling order will be sent by Notice of Electronic Filing (NEF) within two business days. Consent/Declination due by 6/6/2018. (as, COURT STAFF) (Filed on 5/23/2018) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

PACER
3

Certificate of Interested Entities by American Civil Liberties Union of Northern California (Talla, Vasudha) (Filed on 5/25/2018) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

RECAP
4

Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 8/17/2018. Initial Case Management Conference set for 8/24/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. (gbaS, COURT STAFF) (Filed on 5/25/2018) (Entered: 05/27/2018)

May 25, 2018

May 25, 2018

PACER
5

Proposed Summons. (Talla, Vasudha) (Filed on 5/29/2018) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
6

Proposed Summons. (Talla, Vasudha) (Filed on 5/29/2018) (Entered: 05/29/2018)

May 29, 2018

May 29, 2018

PACER
7

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union of Northern California.. (Talla, Vasudha) (Filed on 5/30/2018) (Entered: 05/30/2018)

May 30, 2018

May 30, 2018

PACER
8

Summons Issued as to U.S. Immigration and Customs Enforcement. (Attachments: # 1 U.S Attorney's Office) (gbaS, COURT STAFF) (Filed on 5/31/2018) (Entered: 05/31/2018)

1 U.S Attorney's Office

View on PACER

May 31, 2018

May 31, 2018

PACER
9

***PLEASE DISREGARD, EFILED IN ERROR**** CERTIFICATE OF SERVICE by American Civil Liberties Union of Northern California (Talla, Vasudha) (Filed on 6/7/2018) Modified on 6/14/2018 (gbaS, COURT STAFF). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
10

CERTIFICATE OF SERVICE by American Civil Liberties Union of Northern California (Talla, Vasudha) (Filed on 6/7/2018) (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
11

RETURNED OF SERVICE EXECUTED as to U.S Attorney's Office by American Civil Liberties Union of Northern California (Talla, Vasudha) (Filed on 6/7/2018) Modified on 6/14/2018 (gbaS, COURT STAFF). (Entered: 06/07/2018)

June 7, 2018

June 7, 2018

PACER
12

SUMMONS Returned Executed by American Civil Liberties Union of Northern California. U.S. Immigration and Customs Enforcement served on 6/11/2018, answer due 7/2/2018. (Talla, Vasudha) (Filed on 6/11/2018) (Entered: 06/11/2018)

June 11, 2018

June 11, 2018

PACER
13

CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Immigration and Customs Enforcement.. (Wall, Robin) (Filed on 6/19/2018) (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
14

STIPULATION Joint Stipulation Extending Defendant's Time to Respond to Complaint filed by U.S. Immigration and Customs Enforcement and American Civil Liberties Union of Northern California. (Wall, Robin) (Filed on 6/19/2018) Modified on 6/20/2018 (ddkS, COURT STAFF). (Entered: 06/19/2018)

June 19, 2018

June 19, 2018

PACER
15

ORDER GRANTING re 14 Stipulation Extending Defendant's Time to Respond to Complaint filed by U.S. Immigration and Customs Enforcement, American Civil Liberties Union of Northern California. Signed by Chief Magistrate Judge Joseph C. Spero on 6/21/18. (klhS, COURT STAFF) (Filed on 6/21/2018) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

RECAP
16

ANSWER to Complaint byU.S. Immigration and Customs Enforcement. (Wall, Robin) (Filed on 7/20/2018) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
17

ADR Clerk's Notice re: Non-Compliance with Court Order (ewh, COURT STAFF) (Filed on 8/13/2018) (Entered: 08/13/2018)

Aug. 13, 2018

Aug. 13, 2018

PACER
18

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options (Talla, Vasudha) (Filed on 8/14/2018) (Entered: 08/14/2018)

Aug. 14, 2018

Aug. 14, 2018

PACER
19

ADR Certification (ADR L.R. 3-5 b) of discussion of ADR options ADR Certification by Parties and Counsel (Wall, Robin) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
20

JOINT CASE MANAGEMENT STATEMENT Joint Case Management Conference Statement filed by U.S. Immigration and Customs Enforcement. (Wall, Robin) (Filed on 8/16/2018) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
21

Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Initial Case Management Conference held on 8/24/2018. Dispositive Motion due by 12/14/2018. Cross- Motions due by 1/18/2019. Replies due by 3/1/2019. Responses/Opposition/Reply due by 2/15/2019. Further Case Management Conference set for 10/5/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor. Motion Hearing set for 4/5/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero.FTR Time: Not Reported. Plaintiff Attorney: Vasudha Talla. Defendant Attorney: Robin Wall. Attachment: Minute Order. (klhS, COURT STAFF) (Date Filed: 8/24/2018) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
22

NOTICE of Substitution of Counsel by Kimberly Anne Robinson (Robinson, Kimberly) (Filed on 10/4/2018) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
23

NOTICE of Substitution of Counsel by Kimberly Anne Robinson Amended (Robinson, Kimberly) (Filed on 10/4/2018) (Entered: 10/04/2018)

Oct. 4, 2018

Oct. 4, 2018

PACER
24

Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 10/5/2018. Defendant shall complete the responses to the FOIA requests by 10/31/18. The parties shall meet and confer in November to narrow the issues. Case Management Statement due by 11/14/2018. Further Case Management Conference set for 11/16/2018 02:00 PM in San Francisco, Courtroom G, 15th Floor.FTR Time: Not Reported. Plaintiff Attorney: Vasudha Talla. Defendant Attorney: Robin Wall, Kim Robinson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Date Filed: 10/5/2018) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
25

NOTICE of Substitution of Counsel by Sean Connor Riordan (Riordan, Sean) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
26

JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union of Northern California. (Talla, Vasudha) (Filed on 11/14/2018) (Entered: 11/14/2018)

Nov. 14, 2018

Nov. 14, 2018

PACER
27

Minute Entry for proceedings held before Chief Magistrate Judge Joseph C. Spero: Further Case Management Conference held on 11/16/2018. Case Management Statement due by 1/4/2019. Except as modified the court adopted the dates in the joint case management conference statement for summary judgment 26 . Further Case Management Conference set for 1/11/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor.FTR Time: Not Reported. Plaintiff Attorney: Vasudha Talla. Defendant Attorney: Kimberly Robinson. (This is a text-only entry generated by the court. There is no document associated with this entry.) (klhS, COURT STAFF) (Date Filed: 11/20/2018) Modified on 11/20/2018 (klhS, COURT STAFF). (Entered: 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER

Set Deadlines/Hearings: Cross Motions due by 2/13/2019. Dispositive Motion due by 1/16/2019. Replies due by 3/27/2019. Responses due by 3/13/2019. Motion Hearing set for 4/26/2019 09:30 AM in San Francisco, Courtroom G, 15th Floor before Magistrate Judge Joseph C. Spero. (klhS, COURT STAFF) (Filed on 11/20/2018)

Nov. 20, 2018

Nov. 20, 2018

PACER
28

CASE MANAGEMENT STATEMENT filed by U.S. Immigration and Customs Enforcement. (Robinson, Kimberly) (Filed on 12/19/2018) (Entered: 12/19/2018)

Dec. 19, 2018

Dec. 19, 2018

PACER
29

CLERK'S NOTICE. Pursuant to the joint request of the parties in their joint case management conference statement, the Further Case Management Conference is re-set for 2/22/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. Case Management Statement due by 2/15/2019. (This is a text-only entry generated by the court. There is no document associated with this entry.)(klhS, COURT STAFF) (Filed on 12/27/2018) (Entered: 12/27/2018)

Dec. 27, 2018

Dec. 27, 2018

PACER
30

CASE MANAGEMENT STATEMENT Joint filed by U.S. Immigration and Customs Enforcement. (Robinson, Kimberly) (Filed on 2/15/2019) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER
31

ORDER re 30 Case Management Statement filed by U.S. Immigration and Customs Enforcement. Court will vacate all dates and deadlines. Case management conference continued to 3/22/19 at 2:00 PM. Signed as modified, by Chief Magistrate Judge Joseph C. Spero on 2/19/19. (klhS, COURT STAFF) (Filed on 2/19/2019) (Entered: 02/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER

Set Deadlines/Hearings: Further Case Management Conference set for 3/22/2019 02:00 PM in San Francisco, Courtroom G, 15th Floor. (klhS, COURT STAFF) (Filed on 2/19/2019)

Feb. 19, 2019

Feb. 19, 2019

PACER
32

STIPULATION WITH PROPOSED ORDER Re: Settlement and Dismissal filed by U.S. Immigration and Customs Enforcement. (Robinson, Kimberly) (Filed on 2/22/2019) (Entered: 02/22/2019)

Feb. 22, 2019

Feb. 22, 2019

PACER
33

Order, signed 2/26/19, by Chief Magistrate Judge Joseph C. Spero granting 32 Stipulation Re: Settlement and Dismissal with Prejudice.(klhS, COURT STAFF) (Filed on 2/26/2019) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

RECAP

Case Details

State / Territory: California

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration FOIA cases

Multi-LexSum (in sample)

Key Dates

Filing Date: May 23, 2018

Closing Date: Feb. 26, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

American Civil Liberties Union of Northern California

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

ACLU of Northern California

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Immigration and Customs Enforcement (San Francisco), Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

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

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $8,597.68

Content of Injunction:

Required disclosure

Issues

General:

Record-keeping

Records Disclosure

Search policies

Immigration/Border:

Constitutional rights