Case: 3:18-cv-4105 As of: 06/24/2020 05:13 PM PDT 1 of 8
ADRMOP,CONSENT,RELATE
U.S. District Court California Northern District (San Francisco) CIVIL DOCKET FOR CASE #: 3:18−cv−04105−LB

American Civil Liberties Union of Northern California v. U.S. Department of Homeland Security, Immigration and Customs Enforcement Assigned to: Magistrate Judge Laurel Beeler Relate Case Case: 3:19−cv−02757−LB Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 07/10/2018 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

American Civil Liberties Union of Northern California

represented by Andrea L. Scripa Goodwin Procter LLP 620 Eighth Avenue New York, NY 10018 617−570−1000 Email: AScripa@goodwinlaw.com TERMINATED: 02/06/2020 ATTORNEY TO BE NOTICED

Andrew Shichen Ong Goodwin Procter LLP 601 Marshall Street Redwood City, CA 94063 (650) 752−3100 Fax: (650) 752−1038 Email: aong@goodwinlaw.com ATTORNEY TO BE NOTICED

Hayes Phillips Hyde Goodwin Procter LLP Three Embarcadero Center San Francisco, CA 94111 415−733−6000 Fax: 415−677−9041 Email: hhyde@goodwinlaw.com ATTORNEY TO BE NOTICED

Hong−An Vu Goodwin Procter LLP 601 S. Figueroa St 41St Floor Los Angeles, CA 90017 213.426.2500 Fax: 213.623.1673 Email: hvu@goodwinlaw.com ATTORNEY TO BE NOTICED

Ian Chen Goodwin Procter LLP 601 Marshall Street Redwood City, CA 94063 650−752−3100 Email: IanChen@goodwinlaw.com ATTORNEY TO BE NOTICED

Jamie Lorraine Crook Center for Gender and Refugee Studies Center for Gender and Refugee Studies 200 McAllister Street San Francisco

Case: 3:18-cv-4105 As of: 06/24/2020 05:13 PM PDT 2 of 8
San Francisco, CA 94102 4155654877 Email: crookjamie@uchastings.edu TERMINATED: 05/18/2020
Julia Harumi Mass American Civil Liberties Union of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 415−621−2493 Fax: 415−255−8437 TERMINATED: 09/23/2019
Vasudha Talla ACLU Foundation of Northern California, Inc. 39 Drumm Street San Francisco, CA 94111 (415) 621−2493 Fax: (415) 255−8437 Email: vtalla@aclunc.org ATTORNEY TO BE NOTICED
William S. Freeman ACLU Foundation of Northern California 39 Drumm St. San Francisco, CA 94111 415 621−2493 Fax: 415 255−1478 Email: wfreeman@aclunc.org ATTORNEY TO BE NOTICED
Indra Neel Chatterjee Goodwin Procter LLP 601 Marshall Street Redwood City, CA 94063 (650) 752−3100 Fax: (650) 853−1038 Email: NChatterjee@goodwinlaw.com ATTORNEY TO BE NOTICED

V.
Defendant
U.S. Department of Homeland Security, Immigration and Customs Enforcement

represented by Kenneth Warren Brakebill U.S. Attorney's Office 450 Golden Gate Avenue Box 36055 San Francisco, CA 95102 415−436−7167 Email: kenneth.brakebill@usdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
Gioconda R. Molinari U.S. Attorney's Office, Civil Division 450 Golden Gate Avenue, 9th Floor Box 36055 San Francisco, CA 94102−3495 (415) 436−7220 Fax: (415) 436−6748 TERMINATED: 09/10/2019

Case: 3:18-cv-4105 As of: 06/24/2020 05:13 PM PDT 3 of 8

3rd party plaintiff Floricel Liborio Ramos
3rd party plaintiff Maria de Jesus Medina Ramirez
3rd party plaintiff Maria Valdovinos Diaz
3rd party plaintiff Yolanda Vallejo Medrano

represented by Andrew Shichen Ong (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Shichen Ong (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Shichen Ong (See above for address) ATTORNEY TO BE NOTICED
represented by Andrew Shichen Ong (See above for address) ATTORNEY TO BE NOTICED

V. 3rd party defendant G4S Secure Solutions (USA), Inc.

represented by A. Louis Dorny Gordon and Rees LLP 633 West Fifth Street, 52nd Floor Los Angeles, CA 90071 (213) 576−5000 Fax: (213) 576−5024 Email: ldorny@gordonrees.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed # Docket Text

07/10/2018

1 COMPLAINT for Declaratory and Injunctive Relief Under the Freedom of Information Act against U.S. Department of Homeland Security, Immigration and Customs Enforcement ( Filing fee $ 400, receipt number 0971−12497861.). Filed byAmerican Civil Liberties Union of Northern California. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Civil Cover Sheet)(Chatterjee, Indra) (Filed on 7/10/2018) Modified on 7/10/2018 (fabS, COURT STAFF). (Entered: 07/10/2018)

07/10/2018 2 Proposed Summons. (Chatterjee, Indra) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 3 NOTICE of Appearance by Andrew Shichen Ong (Ong, Andrew) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 4 NOTICE of Appearance by Hayes Phillips Hyde (Hyde, Hayes) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 5 NOTICE of Appearance by Hong−An Vu (Vu, Hong−An) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 6 NOTICE of Appearance by Ian Chen (Chen, Ian) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 7 Case assigned to Magistrate Judge Laurel Beeler.

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

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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 7/24/2018. (srnS, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 8 Initial Case Management Scheduling Order with ADR Deadlines: Case Management Statement due by 10/4/2018. Initial Case Management Conference set for 10/11/2018 11:00 AM in San Francisco, Courtroom C, 15th Floor. (fabS, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 9 Summons Issued as to U.S. Department of Homeland Security, Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (fabS, COURT STAFF) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 10 NOTICE of Appearance by Vasudha Talla (Talla, Vasudha) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/10/2018 11 NOTICE of Appearance by Julia Harumi Mass (Mass, Julia) (Filed on 7/10/2018) (Entered: 07/10/2018)

07/11/2018 12 MOTION for leave to appear in Pro Hac Vice ( Filing fee $ 310, receipt number 0971−12502511.) filed by American Civil Liberties Union of Northern California. (Els, Andrea) (Filed on 7/11/2018) (Entered: 07/11/2018)

07/11/2018 13 Order by Magistrate Judge Laurel Beeler granting 12 Motion for Pro Hac Vice. Attorney Andrea S. Els representing Plaintiffs. (ejkS, COURT STAFF) (Filed on 7/11/2018) (Entered: 07/12/2018)

07/16/2018 14 CERTIFICATE OF SERVICE by American Civil Liberties Union of Northern California re 3 Notice of Appearance, 1 Complaint, 9 Summons Issued as to USA, 6 Notice of Appearance, 4 Notice of Appearance, 5 Notice of Appearance (Chatterjee, Indra) (Filed on 7/16/2018) (Entered: 07/16/2018)

07/17/2018 15 NOTICE of Appearance by Gioconda R. Molinari (Molinari, Gioconda) (Filed on 7/17/2018) (Entered: 07/17/2018)

07/20/2018 16 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by U.S. Department of Homeland Security, Immigration and Customs Enforcement.. (Molinari, Gioconda) (Filed on 7/20/2018) (Entered: 07/20/2018)

07/20/2018 17 CONSENT/DECLINATION to Proceed Before a US Magistrate Judge by American Civil Liberties Union of Northern California.. (Chatterjee, Indra) (Filed on 7/20/2018) (Entered: 07/20/2018)

07/26/2018 18 STIPULATION to Respond to Complaint filed by U.S. Department of Homeland Security, Immigration and Customs Enforcement. (Molinari, Gioconda) (Filed on 7/26/2018) (Entered: 07/26/2018)

09/06/2018 19 ANSWER to Complaint byU.S. Department of Homeland Security, Immigration and Customs Enforcement. (Molinari, Gioconda) (Filed on 9/6/2018) (Entered: 09/06/2018)

09/21/2018 20 ADR Certification (ADR L.R. 3−5 b) of discussion of ADR options (Molinari, Gioconda) (Filed on 9/21/2018) (Entered: 09/21/2018)

09/21/2018 21 ADR Certification (ADR L.R. 3−5 b) of discussion of ADR options (By Parties And Counsel) (Chatterjee, Indra) (Filed on 9/21/2018) (Entered: 09/21/2018)

09/26/2018 22 Certificate of Interested Entities by American Civil Liberties Union of Northern California (Ong, Andrew) (Filed on 9/26/2018) (Entered: 09/26/2018)

09/29/2018

Set/Reset Hearing Initial Case Management Conference set for 11/1/2018 11:00 AM in San Francisco, Courtroom B, 15th Floor.

The court has a scheduling conflict with the initial CMC on 10/11/2018 and resets it to 11/1/2018 at 11:00 a.m.

(Beeler, Laurel) (Filed on 9/29/2018) (Entered: 09/29/2018)
10/25/2018 23 NOTICE of Appearance by Jamie Lorraine Crook (Crook, Jamie) (Filed on 10/25/2018) (Entered: 10/25/2018)
10/25/2018 24 CASE MANAGEMENT STATEMENT (Joint) filed by American Civil Liberties Union of Northern California. (Ong, Andrew) (Filed on 10/25/2018) (Entered: 10/25/2018)
11/01/2018 25 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Initial Case Management Conference held on 11/1/2018. Parties are to confer within two weeks and to include agency counsel in the conference to identify an approach to document production.

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Further Case Management Conference set for 1/17/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 1/10/2019.

Total Time in Court: 22 minutes. Not Reported.

Plaintiff's Attorneys: Vasudha Talla and Indra Chatterjee. Defendant's Attorney: Gioconda Molinari. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 11/1/2018) (Entered: 11/02/2018)
01/02/2019 26 STIPULATION WITH PROPOSED ORDER TO CONTINUE CASE MANAGEMENT CONFERENCE AND DEADLINE FOR CASE MANAGEMENT STATEMENT filed by U.S. Department of Homeland Security, Immigration and Customs Enforcement. (Molinari, Gioconda) (Filed on 1/2/2019) (Entered: 01/02/2019)
01/03/2019 27 Order by Magistrate Judge Laurel Beeler granting in part 26 Stipulation To Continue Case Management Conference and Deadline for Case Management Statement.

Further Case Management Conference previously set for 1/17/2019 is reset to 2/14/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 2/7/2019. (ejkS, COURT STAFF) (Filed on 1/3/2019) (Entered: 01/03/2019)
02/06/2019 28 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: The court advances the start time of the CMC set for 2/14/2019 from 11:00 to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/6/2019) (Entered: 02/06/2019)
02/07/2019 29 CASE MANAGEMENT STATEMENT (Joint) filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Attachment A)(Ong, Andrew) (Filed on 2/7/2019) (Entered: 02/07/2019)
02/14/2019 30 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 2/14/2019. The court asks agency counsel to file some representation in the form of a letter of the agency burden by 2/28/2019.

Further Case Management Conference Call set for 3/8/2019 at 10:00 AM in San Francisco, Courtroom B, 15th Floor. The court will circulate a call−in number separately.

Total Time in Court: 9 minutes. Not Reported.

Plaintiff's Attorneys: Andrew Ong, Vasudha Talla and Jamie Crook. Defendant's Attorney: Gioconda Molinari. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 2/14/2019) (Entered: 02/15/2019)

02/28/2019 31 RESPONSE re 29 Case Management Statement, 30 Case Management Conference − Further,,,, Set Deadlines/Hearings,,, Defendant's Declaration Regarding Burden by U.S. Department of Homeland Security, Immigration and Customs Enforcement. (Attachments: # 1 Declaration of ICE Deputy FOIA Officer Toni Fuentes)(Molinari, Gioconda) (Filed on 2/28/2019) (Entered: 02/28/2019)

03/01/2019 32 CASE MANAGEMENT STATEMENT (Joint) filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Plaintiff's Attachment A)(Ong, Andrew) (Filed on 3/1/2019) (Entered: 03/01/2019)

03/07/2019 33 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE CALL: Further Case Management Conference set for 3/8/2019 at 10:00 AM is reset to 11:00 AM. The call−in information remains the same. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/7/2019) (Entered: 03/07/2019)

03/08/2019 34

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 3/8/2019. The court held a case−management conference. The plaintiffs will give the defendants a narrowed version of their FOIA request (as specific as possible) within a week. The government will confer with the client and within a week of receipt, will update the plaintiffs about any proposed narrowing and the time period for collection of the records. After the time period for collection of the records has lapsed, the government will update the plaintiffs about the volume of records collected and propose a time period for producing that information. If

Case: 3:18-cv-4105 As of: 06/24/2020 05:13 PM PDT 6 of 8
the request is sufficiently narrow, this may allow production to the plaintiffs by May. Thereafter, the parties will confer about a timeline for further narrowed requests or the production of a Vaughn index (and will discuss whether the agency might produce a rolling Vaughn index based on the plaintiffs' prioritization of certain productions). As a calendaring device, the court sets a further case−management conference for June 20, 2019 at 11:00 a.m. and directs the parties to file an updated case−management statement by June 13, 2019. The parties may adjust this case−management conference by stipulation (and may request an earlier conference if it would be helpful). (Not Reported).
Further Case Management Conference set for 6/20/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 6/13/2019.
Plaintiff's Attorneys: Vasudha Talla, Jaime Crook (Phone) and Andrew Ong (Phone). Defendant's Attorney: Gioconda Molinari. Also appearing by phone: Kristin Brudy−Everett and Kishore Khan. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 3/8/2019) (Entered: 03/08/2019)
06/13/2019 35 JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union of Northern California. (Attachments: # 1 Plaintiff's Attachment A)(Ong, Andrew) (Filed on 6/13/2019) (Entered: 06/13/2019)
06/20/2019 36 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 6/20/2019. Further Case Management Conference set for 9/26/2019 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 9/19/2019.
Total Time in Court: 13 minutes. Not Reported.
Plaintiff's Attorneys: Andrew Ong and Jaime Crook. Defendant's Attorney: Gioconda Molinari. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 6/20/2019) (Entered: 06/25/2019)
06/26/2019 37 NOTICE by G4S Secure Solutions (USA), Inc. Notice of Related Case Pursuant to Civil L.R. 3−12 to be filed in Case No 3:18−cv−04105; Administrative Motion to Consider Whether Cases Should be Related Pursuant to Civil L. R 7−11 (Dorny, A.) (Filed on 6/26/2019) (Entered: 06/26/2019)
06/28/2019 38 RESPONSE re 37 Notice (Other), (Plaintiffs' Response to Notice of Related Case and Administrative Motion to Consider Whether Cases Should Be Related) by Floricel Liborio Ramos, Maria de Jesus Medina Ramirez, Maria Valdovinos Diaz, Yolanda Vallejo Medrano. (Ong, Andrew) (Filed on 6/28/2019) (Entered: 06/28/2019)
06/28/2019 39 RESPONSE re 37 Notice (Other), (Plaintiff's Response to Notice of Related Case and Administrative Motion to Consider Whether Cases Should Be Related) by American Civil Liberties Union of Northern California. (Ong, Andrew) (Filed on 6/28/2019) (Entered: 06/28/2019)
06/28/2019 40 RESPONSE re 37 Notice (Other), FEDERAL DEFENDANT'S OPPOSITION TO ADMINISTRATIVE MOTION TO CONSIDER WHETHER CASES 18−4105−LB and 19−2757−JD SHOULD BE RELATED by U.S. Department of Homeland Security, Immigration and Customs Enforcement. (Molinari, Gioconda) (Filed on 6/28/2019) (Entered: 06/28/2019)
07/05/2019 41 REPLY IN SUPPORT OF MOTION FOR RELATED CASE by G4S Secure Solutions (USA), Inc. (Dorny, A.) (Filed on 7/5/2019) Modified on 7/8/2019 (fabS, COURT STAFF). (Entered: 07/05/2019)
07/08/2019 42 ORDER RELATING CASE. The Court finds that the cases are related: C18−4105 LB and C19−2757 JD. Signed by Judge Laurel Beeler on 07/08/2019. (ejkS, COURT STAFF) (Filed on 7/8/2019) (Entered: 07/08/2019)
09/10/2019 43 NOTICE of Substitution of Counsel by Kenneth Warren Brakebill (Brakebill, Kenneth) (Filed on 9/10/2019) (Entered: 09/10/2019)
09/19/2019 44 CASE MANAGEMENT STATEMENT (Joint) filed by American Civil Liberties Union of Northern California. (Ong, Andrew) (Filed on 9/19/2019) (Entered: 09/19/2019)

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09/23/2019 45 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 9/26/2019 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 9/23/2019) (Entered: 09/23/2019)

09/23/2019 46 NOTICE of Change In Counsel by Vasudha Talla (Talla, Vasudha) (Filed on 9/23/2019) (Entered: 09/23/2019)

09/27/2019 47

Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 9/26/2019. Court orders production increased to 750−pages per month to commence in October. Parties will confer and update the court in one week regarding Magistrate Judge preference for settlement conference. Scheduling order to issue in CV 19−2757. (Not Reported).

Plaintiffs' Attorneys: Indra Chatterjee, Vasudha Talla and Hayes Hyde. Defendants' Attorneys: Kenneth Brakebill (US Department of Homeland Security, Immigration and Customs Enforcement) and Louis Dorny (G4S Secure Solutions (USA), Inc.). (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 9/27/2019) (Entered: 09/27/2019)
01/09/2020 48 NOTICE of Appearance by William S. Freeman (Freeman, William) (Filed on 1/9/2020) (Entered: 01/09/2020)
01/23/2020 49 Minute Entry for proceedings held before Magistrate Judge Laurel Beeler: Further Case Management Conference held on 1/23/2020. Further Case Management Conference is continued along with related case 3:18−cv−04105−LB. (Not Reported).

Further Case Management Conference set for 3/19/2020 at 11:00 AM in San Francisco, Courtroom B, 15th Floor. Case Management Statement due by 3/12/2020.

Plaintiffs' Attorneys: Andrew Ong and William Freeman. Defendant's Attorney: A. Louis Dorny. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Date Filed: 1/23/2020) (Entered: 01/23/2020)

02/06/2020 50 NOTICE by American Civil Liberties Union of Northern California Notice of Withdrawal of Counsel Andrea L. Scripa (Ong, Andrew) (Filed on 2/6/2020) (Entered: 02/06/2020)

02/07/2020 51 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 3/19/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 2/7/2020) (Entered: 02/07/2020)

03/11/2020 52 UPDATED JOINT CASE MANAGEMENT STATEMENT filed by American Civil Liberties Union of Northern California. (Ong, Andrew) (Filed on 3/11/2020) Modified on 3/11/2020 (gbaS, COURT STAFF). (Entered: 03/11/2020)

03/16/2020 53

CLERK'S NOTICE RE: MARCH 19, 2020 HEARING: Through at least April 17, 2020, the court will not have any in−person civil case−management conferences or civil motions hearings and instead will have telephonic appearances. For motions hearings, the court is open to hearings by Skype for Business or Google Hangouts (because for now, the court cannot host conferences by Zoom). (This latter approach requires IT staff to provide the court with a web cam so there may be some delay.) Telephonic appearances generally are by CourtCall, but the court also circulates the following conference number, which can accommodate up to 200 people and allow the equivalent of a public hearing by telephone:

Dial In: 877−336−1839 Access Code: 8191201# Security Code: 200319#

(This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/16/2020) (Entered: 03/16/2020)

03/17/2020 54

CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Given the current productions seem on track, the court continues the CMC, previously set for 3/19/2020, to 5/14/2020 at 11:00 a.m. and directs a short update by 5/7/2020. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 3/17/2020) (Entered: 03/17/2020)

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04/03/2020 55 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE TIME: Further Case Management Conference set for 5/14/2020 at 11:00 AM is reset to 9:30 AM in San Francisco, Courtroom B, 15th Floor. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/3/2020) (Entered: 04/03/2020)
04/29/2020 56 CLERK'S NOTICE RE: CALL−IN INFORMATION FOR CASE MANAGEMENT CONFERENCE: Below is the call−in information for the CMC set for 5/14/2020 at 9:30 AM.
Dial In: 877−336−1839 Access Code: 8191201
(This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 4/29/2020) (Entered: 04/29/2020)
05/07/2020 57 JOINT CASE MANAGEMENT STATEMENT Updated filed by American Civil Liberties Union of Northern California. (Ong, Andrew) (Filed on 5/7/2020) (Entered: 05/07/2020)
05/07/2020 58 CLERK'S NOTICE SETTING ZOOM WEBINAR CASE MANAGEMENT CONFERENCE ON 5/14/2020. ADVANCE REGISTRATION OF PARTICIPATING COUNSEL REQUIRED −− SEE BELOW.
The case management conference set in this case on 5/14/2020 at 9:30 AM will be held by Zoom Webinar.
Pre−registration by counsel with the clerk in advance of the hearing must be done by sending a list of names & emails of participating counsel to lbcrd@cand.uscourts.gov no later than noon on Wednesday, May 13, 2020.
Please click the link below to join the webinar: https://us02web.zoom.us/j/81927000591?pwd=Q2tVTmtLbElVa2ZOMmQ1Z3VaVmN0UT09Password: 813653
Or iPhone one−tap : US: +13462487799,,81927000591# or +16699006833,,81927000591# Or Telephone: Dial(for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or +1 929 205 6099 or +1 253 215 8782 or +1 301 715 8592 or +1 312 626 6799 Webinar ID: 819 2700 0591 Password: 813653 International numbers available: https://us02web.zoom.us/u/kicMGgohq
Or an H.323/SIP room system: H.323: 162.255.37.11 (US West) or 162.255.36.11 (US East) Meeting ID: 819 2700 0591 Password: 813653 SIP: 81927000591@zoomcrc.com Password: 813653
(This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/7/2020) (Entered: 05/07/2020)
05/08/2020 59 CLERK'S NOTICE RESETTING CASE MANAGEMENT CONFERENCE: Given the parties' update, the court continues the CMC to July 23, 2020 at 9:30 a.m. and directs a short update by July 15, 2020. (This is a text−only entry generated by the court. There is no document associated with this entry.) (ejkS, COURT STAFF) (Filed on 5/8/2020) (Entered: 05/08/2020)
05/18/2020 60 NOTICE by American Civil Liberties Union of Northern California Notice of Withdrawal of Counsel Jamie L. Crook (Freeman, William) (Filed on 5/18/2020) (Entered: 05/18/2020)

 
 Case 3:18-cv-04105-LB Document 1 Filed 07/10/18 Page 1 of 12

1 Neel Chatterjee (SBN 173985) nchatterjee@goodwinlaw.com
2 Andrew Ong (SBN 267889) aong@goodwinlaw.com
3 Ian Chen (SBN 287778) ianchen@goodwinlaw.com
4 GOODWIN PROCTER LLP 601 Marshall Street
5 Redwood City, CA 94063 Tel: +1 650 752 3100
6 Fax: +1 650 853 1038
7 Hong-An Vu (SBN 266268) hvu@goodwinlaw.com
8 GOODWIN PROCTER LLP 601 S. Figueroa Street, 41st Floor
9 Los Angeles, CA 90017 Tel: +1 213 426 2500
10 Fax: +1 213 623 1673

Vasudha Talla (SBN 316219) vtalla@aclunc.org Julia Harumi Mass (SBN 189649) jmass@aclunc.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, CA 94111 Tel: +1 415 621 2493 Fax: +1 415 255 8437
Andrea Scripa Els (pro hac vice forthcoming) aels@goodwinlaw.com GOODWIN PROCTER LLP 100 Northern Avenue Boston, MA 02210 Tel: +1 617 570 1000 Fax: +1 617 523 1231

11 Hayes Hyde (SBN 308031) hhyde@goodwinlaw.com
12 GOODWIN PROCTER LLP Three Embarcadero Center
13 San Francisco, CA 94111 Tel: +1 415 733 6000
14 Fax: +1 415 677 9041

15 Attorneys for Plaintiff

16

UNITED STATES DISTRICT COURT

17

NORTHERN DISTRICT OF CALIFORNIA

18

19 AMERICAN CIVIL LIBERTIES UNION OF NORTHERN CALIFORNIA,
20 Plaintiff,
21 v.
22 U.S. DEPARTMENT OF HOMELAND
23 SECURITY, IMMIGRATION AND CUSTOMS ENFORCEMENT,
24 Defendant.
25

Case No. 3:18-cv-04105
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF UNDER THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 et seq.

26

27

28

FOIA COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Case 3:18-cv-04105-LB Document 1 Filed 07/10/18 Page 2 of 12

1

INTRODUCTION

2

1. This is an action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552

3 et seq., to obtain information about the treatment of immigration detainees by the U.S. Department

4 of Homeland Security, Immigration and Customs Enforcement (“ICE”).

5

2. ICE’s activities, particularly with respect to its treatment of immigrant detainees, is

6 of great public interest and concern. In California, ICE regularly subjects detained immigrants to

7 burdensome and lengthy voyages fully shackled, with limited access to food, water, and toilets.

8 Plaintiff is aware of several particularly egregious instances, including one in which detained

9 immigrant women were subjected to a 24-hour journey that included traveling in a dark,

10 windowless van in suffocating heat for several hours, causing some of them to vomit or faint. The

11 women’s cries for help went unanswered, and several women thought they would die.

12

3. In many regions throughout the country, ICE subcontracts with G4S Secure

13 Solutions, Inc. (“G4S”) for the transportation of immigration detainees. G4S is a highly-

14 controversial private contractor that has been criticized internationally for its treatment of

15 detainees in detention centers and during the provision of transportation services. G4S receives

16 hundreds of complaints annually from immigration detainees, including complaints alleging acts 17 of assault and racism by its employees.1

18

4. People have died or been seriously injured as a result of G4S’s careless treatment

19 during transport. For example, in Australia, a coroner deemed the death of a detained immigrant

20 that resulted from extreme temperatures in the back of a G4S van to be “wholly unnecessary and 21 avoidable.”2 In another instance in 2014, just days before a transportee was beaten to death by

22

23

1 See Stephen Matthews, Scandal-hit security firm G4S receives ‘unprecedented levels’ of complaints after taking over a private ambulance service, Daily Mail (Oct. 23, 2017, 12:13PM),

24

http://www.dailymail.co.uk/health/article-5008247/Security-firm-G4S-unprecedented-levelscomplaints.html (noting that detention centers run by G4S received more than 700 complaints in

25

2010 and that nine staff members at an immigration detention center were suspended in 2017 after claims of abuse and assault); Lizzie Dearden, G4S Suspends Nine Staff for Alleged Abuse of

26

Migrants at Brook House Immigration Removal Centre, The Independent (Sept. 1, 2017, 9:30AM), https://www.independent.co.uk/news/business/news/g4s-migrants-absue-staff-

27 suspended-immigration-removal-centre-private-security-company-a7923731.html. 2 Melissa Fyfe, Uproar Over New Prison Contract, The Sydney Morning Herald (Oct. 4, 2009),

28 http://bit.ly/2u6nQ5I; Exhibit 3, infra, at 6.

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1 another transportee during a transport conducted by G4S, sheriff’s deputies in Pinellas County,

2 Florida, publicly stated that they had informed G4S supervisors that their workers needed more

3 training, as G4S’s employees were unfamiliar with the Pinellas County roads, had trouble with 4 their vans, and had “awful” handcuffing techniques.3 The number and circumstances of deaths

5 linked to conduct by G4S employees in England have also come under scrutiny, including the 6 death of an immigrant in the custody of G4S employees on an airplane.4

7

5. In the United States, G4S holds a contract with ICE and another $234 million

8 contract with U.S. Customs and Border Protection for the transportation of immigrants.5 Little is

9 known about the contracting process through which ICE retains G4S. Serious questions exist as to

10 G4S’s fitness to be a detainee transportation provider for ICE. For example, in addition to the

11 incidents described above, G4S employed the man responsible for murdering 49 people in the

12 2016 Orlando Pulse nightclub shooting—and continued his employment even while he was under 13 FBI investigation as a terrorist suspect.6 Further, reports from individuals in ICE custody that

14 have been mistreated or hurt while being transported compel further inquiry into the instruction,

15 oversight, and control ICE exercises over G4S in its provision of transportation services.

16

6. The federal government’s concerted and ongoing efforts to detain individuals, to

17 transport them to detention centers throughout the country, and to increase the use of private

18
19 3 See infra Exhibit 3, at 6. 4 See infra Exhibit 3, at 6.
20 5 See U.S. Immigration and Customs Enforcement, Detention Officer (Transportation) Services,
21 Solicitation Number: HSCEDM-12-A-00002, Federal Business Opportunities (July 27, 2017), https://www.fbo.gov/index?s=opportunity&mode=form&id=7034138718ed7b79cb95ad2fb12ce30
22 9&tab=core&_cview=0; U.S. Customs & Border Protection, Southwest Border Transportation,
Medical Escort and Guard Services, Solicitation Number: HSBP1012R0020, Federal Business 23 Opportunities (Aug. 23, 2013), https://www.fbo.gov/index?s=opportunity&mode=form&id=
24 91edd01479626bfcaf64a03d99649c3a&tab=core&_cview=1. 6 Alex Emmons, Orlando Shooter Wasn’t the First Murderer Employed by Global Mercenary
25 Firm, The Intercept (June 14, 2016, 1:44 PM), https://theintercept.com/2016/06/14/orlandoshooter-wasnt-the-first-murderer-employed-by-global-mercenary-firm/. G4S also admitted that
26 the doctor listed as performing his psychological examination had not conducted an exam or even met the man. Rob Galbraith & Gin Armstrong, Buffalo Police Commissioner Hired by Security
27 Firm with a Checkered History and a City Hall Contract, LittleSis.org (Jan. 25, 2018), https://news.littlesis.org/2018/01/25/buffalo-police-commissioner-hired-by-security-firm-with-a-
28 checkered-history-and-a-city-hall-contract/.

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1 contractors create an urgent need to obtain information and records about existing relationships

2 with those contractors, the policies and procedures they are subject to, and the detention and

3 transport practices of ICE and its private contractors.

4

7. On December 18, 2017, Plaintiff American Civil Liberties Union of Northern

5 California (“ACLU-NC”), a non-profit civil rights organization, submitted a FOIA request to ICE

6 seeking its contracts with G4S and any other contractors providing transportation services for

7 immigration detainees in the San Francisco region (the “First FOIA Request”). On April 6, 2018,

8 ACLU-NC and East Bay Express (“EBE”), a local independent newspaper, submitted a FOIA

9 request to ICE seeking records about policies, procedures, and guidelines for detaining and

10 transporting immigration detainees in the state of California; recent complaints about the

11 transportation of immigration detainees; records related to the retention of private transportation

12 providers; and records related to the vehicles, officers, and other individuals involved in the

13 transportation process (the “Second FOIA Request”).

14

8. ICE has not produced a single document in response to either the First FOIA

15 Request or the Second FOIA Request (collectively, the “FOIA Requests”).

16

9. ACLU-NC now brings this action to require production of the information

17 requested. ICE cannot simply ignore legitimate FOIA requests.

18

PARTIES

19

10. Plaintiff American Civil Liberties Union of Northern California is an affiliate of the

20 American Civil Liberties Union, a national, non-profit, non-partisan organization with the mission

21 of protecting civil liberties from government incursions, safeguarding basic constitutional rights,

22 and advocating for open government. ACLU-NC is established under the laws of the State of

23 California and is headquartered in San Francisco, California. ACLU-NC has over 169,000

24 members. In support of its mission, ACLU-NC uses its communications department to

25 disseminate information relating to its mission to the public, through its website, newsletters, in-

26 depth reports, and other publications.

27

11. ICE is an agency within the meaning of 5 U.S.C. § 552(f)(1). ICE has its

28 headquarters in Washington, D.C., and field offices all over the country, including in San

3
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1 Francisco, California.

2

JURISDICTION

3

12. This Court has subject matter jurisdiction and personal jurisdiction over the parties

4 pursuant to 5 U.S.C. §§ 552(a)(4)(B) and 552(a)(6)(C)(i). This Court also has subject matter

5 jurisdiction over this action pursuant to 28 U.S.C. §§ 1331 and 1346.

6

VENUE AND INTRADISTRICT ASSIGNMENT

7

13. Venue is proper in this district pursuant to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C.

8 §§ 1391(e) and 1402. Plaintiff has its principal place of business in this district.

9

14. Pursuant to Local Rule 3-2(c) and (d), assignment to the San Francisco division is

10 proper. Plaintiff ACLU-NC, which is a requestor for each of the FOIA requests at issue in this

11 case, is headquartered in San Francisco. ICE also has a field office located in San Francisco.

12

FACTUAL ALLEGATIONS

13 The Detention and Transportation of Immigration Detainees and the Use of Private Security Contractors Are Matters of Significant Public Interest
14

15

15. The detention and transportation of immigration detainees has been a longstanding

16 issue of public interest. Media reports frequently scrutinize the government’s handling of

17 detainees, often finding it deficient in its treatment of those in its care. Exposure to hazardous 18 conditions, deprivation of proper medical care, and abusive treatment are widely reported7 and

19 raise troubling questions about the operation and oversight of immigrant detention and

20 transportation. These issues continue to plague our nation and affect public confidence in

21 government operations. The federal government’s ongoing plans to expand immigration 22 detention8 has accelerated the already-urgent need to better understand issues of immigration

23 detention and ensure those who administer detention meet appropriate detention standards.

24

16. ACLU-NC has received reports demonstrating that the government has not

25 managed to meet appropriate standards in its administration of detention programs. For example,

26 in a series of interviews over the past year, a group of women related a particularly brutal transport

27 7 See infra Exhibit 3, at 5. 28 8 See infra Exhibit 3, at 5–6.

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1 that they survived in the summer of 2017. While being transported from one detention facility to

2 another in Northern California, these women were subjected to an unnecessarily long journey in

3 hazardous conditions that caused physical injury, medical complications, and severe psychological

4 trauma. The transport between the two facilities, which are less than 5 hours’ driving distance

5 apart, took more than 24 hours and involved several stops and vehicle changes. The women were

6 deprived of adequate food and water. One of the women, in particular, was denied access to

7 critical diabetes medication. The women wore shackles throughout the lengthy journey, and the

8 shackles were not even removed during transfers between vehicles. This resulted in one woman

9 injuring her ankle as she stepped off one of the vehicles; the transporting officers ignored her

10 requests for help, and her injury was not addressed by a doctor. During one leg of the journey, the

11 women were shut into the back of a dark, windowless, and airless van that was so hot that some of

12 the women vomited and fainted. The driver ignored their cries of distress and was texting while

13 driving, twice veering off the road. All of the women reported feeling as though they were

14 suffocating and believing that they were going to die. As a result of this episode, the women

15 experienced—and continue to experience—anxiety, fear, and difficulty sleeping in the dark.

16

17. The federal government’s retention of private contractors involved in the

17 transportation of immigration detainees and other detained populations—and the subsequent

18 conduct of those contractors—are also issues of significant public interest. Recent news stories 19 emphasize widespread failures of private contractors to ensure detainees’ physical safety.9 This,

20 in turn, casts doubt on the adequacy of the government’s oversight of these private contractors.

21 Many stories also emphasize the role profit motive plays in the conduct of private contractors,

22 who are often hired by government agencies to save money. For example, an April 2018 article

23 detailed one transportee’s harrowing 18-day journey through the southeastern United States caged 24 in the back of a transport van.10 During what should have been a 20-hour drive, the man was

25 9 See infra Exhibit 3, at 6.
26 10 Tracy Jan, “Privately run prisoner transport company kept detainee shackled for 18 days in human waste, lawsuit alleges,” Washington Post (Apr. 24, 2018),
27 https://www.washingtonpost.com/news/wonk/wp/2018/04/24/privately-run-prisoner-transportcompany-kept-detainee-shackled-for-18-days-in-human-waste-lawsuit-
28 alleges/?noredirect=on&utm_term=.38b6b43d830a.

5
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1 denied necessary medical attention; deprived of adequate food, water, and sleep; and packed into a

2 sweltering metal cargo van with as many as 14 other people for days on end. Throughout the

3 journey, the transportees were forced to sit in their own waste and filth, as drivers did not stop to 4 provide bathroom breaks or clean up messes. The article and a related lawsuit11 allege that abuse

5 and neglect suffered by transportees is a direct result of private contractors skirting their 6 obligations to those in their custody in order to maximize profit.12 While the Justice Department is

7 already investigating abuse allegations against the transportation provider from this case, other

8 private contractors have escaped meaningful scrutiny.

9

18. In particular, a great deal of controversy surrounds private contractor G4S, which

10 was under contract to transport the group of women described in paragraph 16. G4S is the world’s 11 largest private military and security company.13 It has been repeatedly accused of creating

12 hazardous conditions for the populations it is charged with protecting and for failing to address

13 acts of misconduct and brutality committed by its employees. For instance, in addition to the

14 incidents referenced above in paragraphs 3–5, undercover footage from the UK showed G4S

15 officers “mocking, abusing, and assaulting” people at an immigration and asylum center following 16 reports of “widespread self-harm,” “drug use,” and “attempted suicide” there.14 The facilities

17 were found to be unsanitary and “fundamentally unsafe,” and failed asylum seekers were roomed

18 with dangerous foreign national criminals who could not be safely housed at less secure 19 facilities.15 G4S is also infamous for its handling of a contract to provide security for the 2012

20 Olympics in London, in which it fell short on its commitment by thousands of personnel, and

21 11 While the detainee involved in the 18-day journey was a U.S. citizen wanted on criminal
22 charges, immigration detainees are often more vulnerable to abuse and bereft of legal remedies due to language and resource barriers.
23 12 Id.; Complaint, Kovari v. Brevard Extraditions, LLC, No. 5:18-cv-00070, D.I. 1 (W.D. Va., 24 Apr. 24, 2018).
13 See William Langewiesche, The Chaos Company, Vanity Fair (Apr. 2014), 25 https://www.vanityfair.com/news/business/2014/04/g4s-global-security-company.

26

14 See Neal Baker, Migrant ‘Abuse:’ G4S Suspends Nine Workers at Brook House Immigration Centre, The Sun (Sept. 1, 2017, 8:08AM), https://www.thesun.co.uk/news/4368715/g4s-suspends-

27

immigration-staff-brook-house-abuse/; Detainees ‘mocked and abused’ at immigration centre, BBC News (Sept. 1, 2017), https://www.bbc.com/news/uk-41121692.

28 15 Id.

6
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1 whistleblowers made reports of hired guards that had not passed vetting or been trained.16

2

19. In addition to its contracts with ICE and U.S. Customs and Border Protection, G4S

3 has been a provider for “90 percent of U.S. nuclear facilities,” where guards have repeatedly been 4 found sleeping on the job;17 operated 27 for-profit juvenile detention facilities in the U.S., where

5 investigations have revealed physical, verbal, and sexual abuse against minors by G4S 6 employees;18 and held hundreds of millions of dollars’ worth of private prison and security 7 contracts with state and local governments.19

8

20. ICE has published Performance-Based National Detention Standards (“PBNDS”)

9 that outline how immigration detainee transportation and transfers should occur, covering issues

10 such as shackling during transport; access to meals, water, and medication during transport; and

11 proper inspection and maintenance of vehicles used to transport individuals. There is little

12 information regarding how diligently private contractors operating detention facilities have

13 complied with the PBNDS; whether companies contracted to provide transportation services, such

14 as G4S, are required to comply with the PBNDS (or any other similar standard) at all; or whether

15 ICE monitors such compliance.

16

21. The information sought in Plaintiffs’ FOIA requests would reveal ICE’s procedures

17 for retaining and overseeing private transportation contractors, the standards governing private

18 contractors in their transportation of immigration detainees, and whether private contractors

19 actually comply with such standards when transporting immigration detainees. The public debate

20 regarding the treatment of immigration detainees and the role of for-profit contractors in the

21 immigration detention pipeline remains active; more information is needed to further this debate,

22

23

16 See Robert Booth & Nick Hopkins, Olympic security chaos: depth of G4S security crisis revealed, The Guardian (July 13, 2012), https://www.theguardian.com/sport/2012/jul/12/london-

24 2012-g4s-security-crisis. 17 Eric Schlosser, The Security Firm That Employed the Orlando Shooter Protects American

25 Nuclear Facilities, New Yorker (June 27, 2016), https://www.newyorker.com/news/news-

desk/the-security-firm-that-employed-the-orlando-shooter-protects-american-nuclear-facilities.

26 18 See Youth Detention: US, G4S Facts, http://g4sfacts.org/youth-detention-us/.

27 19 See, e.g., id.; Galbraith & Armstrong, supra note 6; Alex Reed-Brown, Private Prisons and Immigrant Detention, Sustainalytics, at 4 (Mar. 2014), http://afrikanblackcoalition.org/wp-
28 content/uploads/2015/11/Sustainalytics-briefing.pdf.

7
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1 particularly as the federal government seeks to expand the scope of its immigration detention

2 program and its use of private contractors.

3

ICE Has Failed to Produce Any Records in

Response to the First FOIA Request 4

5

22. On December 18, 2017, ACLU-NC submitted the First FOIA request to ICE

6 seeking the contract awarded to G4S and any other private contractors for the transportation of

7 individuals within the ICE San Francisco Area of Responsibility (“AOR”), which extends from

8 the Bakersfield area north to the Oregon border and includes 49 counties. A copy of the First

9 FOIA Request is attached as Exhibit 1.

10

23. ICE acknowledged receipt of the First FOIA Request by letter dated January 3,

11 2018 and assigned it reference number 2018-ICFO-13572. ICE determined that it would not be

12 able to complete processing of the First FOIA Request within the typical 20 working day period

13 due to “the increasing number of FOIA requests received by this office” and because “[the]

14 request seeks numerous documents that will necessitate a thorough and wide-ranging search.” As

15 a result, ICE invoked a 10-day extension for processing the First FOIA Request. A copy of this

16 letter is attached as Exhibit 2.

17

24. As of the date of the filing of this Complaint, ACLU-NC has not received a

18 determination from ICE as to whether ICE will comply with the First FOIA Request. ACLU-NC

19 has not received any further information about the status of the First FOIA Request despite ICE

20 having exceeded the 30-day deadline it invoked.

21

25. As of the date of the filing of this Complaint, ACLU-NC has not received any

22 documents from ICE that are responsive to the First FOIA Request or any correspondence

23 indicating when ICE might provide any documents.

24

26. Under 5 U.S.C. § 552(a)(6)(C)(i), ICE has constructively denied the First FOIA

25 Request by failing to produce the requested records within 30 working days.

26

ICE Has Failed to Produce Any Records in

Response to the Second FOIA Request 27

28

27. On April 6, 2018, ACLU-NC and EBE submitted the Second FOIA Request to ICE

8
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1 seeking information about the transportation of individuals within the ICE San Francisco AOR

2 and about records related to contracts between ICE and G4S. In particular, the Second FOIA

3 Request seeks records regarding the policies, procedures, and guidelines for detaining and

4 transporting immigration detainees in the state of California; recent complaints about the

5 transportation of immigration detainees; records related to the retention of private transportation

6 providers; and records related to the vehicles, officers, and other individuals involved in the

7 transportation process. A copy of the Second FOIA Request is attached as Exhibit 3.

8

28. USPS tracking indicates that the Second FOIA Request was delivered to the ICE

9 FOIA Office in Washington, D.C. on April 12, 2018.

10

29. On April 25, 2018, ICE provided an electronic acknowledgment of receipt of the

11 Second FOIA Request and assigned it reference number 2018-ICFO-31309. The acknowledgment

12 asserted that the Second FOIA Request had been sent on April 13, 2018 and received by the ICE

13 Freedom of Information Act Office (“FOIA Office”) on April 25, 2018. ICE determined that it

14 would not be able to complete processing of the request within the typical 20 working day period

15 due to “the increasing number of FOIA requests received by this office” and because “[the]

16 request seeks numerous documents that will necessitate a thorough and wide-ranging search.” As

17 a result, ICE invoked a 10-day extension for processing the Request. A copy of this

18 acknowledgment is attached as Exhibit 4.

19

30. As of the date of the filing of this Complaint, Plaintiff has not received a

20 determination from ICE as to whether ICE will comply with the Plaintiff’s Second FOIA Request.

21 The acknowledgment states that the FOIA Office has “queried the appropriate program offices

22 within ICE for responsive records” and that queried records “will be reviewed for determination of

23 reliability” after they are located. Nevertheless, Plaintiff has not received any further information

24 about the status of the Second FOIA Request despite ICE having exceeded its 30-day deadline.

25

31. As of the date of the filing of this Complaint, Plaintiff has not received any

26 documents from ICE that are responsive to the Second FOIA Request or any correspondence

27 indicating when ICE might provide any documents.

28

32. Under 5 U.S.C. § 552(a)(6)(C)(i), ICE has constructively denied the Second FOIA

9
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1 Request by failing to produce the requested records within 30 working days.

2

FIRST CLAIM FOR RELIEF

3

Violation of the Freedom of Information Act for

Wrongful Withholding of Agency Records 4

5

33. Plaintiff incorporates by reference the above paragraphs as if fully set forth herein.

6

34. The FOIA Requests are legitimate requests for records relating to matters of great

7 public concern. Defendant ICE has wrongfully withheld agency records requested by Plaintiff

8 under FOIA in the FOIA Requests.

9

35. Plaintiff has exhausted the applicable administrative remedies with respect to ICE’s

10 wrongful withholding of the requested records.

11

36. Plaintiff has suffered irreparable injury from, and will continue to suffer irreparable

12 injury from, ICE’s illegal withholding of government documents pertaining to the subject of

13 Plaintiff’s FOIA Requests.

14

37. Plaintiff is entitled to declaratory relief because an actual controversy exists

15 regarding ICE’s failure to meet its obligations under FOIA.

16

38. Plaintiff has no adequate remedy at law other than injunctive and declaratory relief.

17

39. Accordingly, Plaintiff has a right under FOIA to injunctive and declaratory relief

18 against ICE for its unlawful withholding of the requested records. 5 U.S.C. § 552(a)(4)(B); see

19 also, e.g., Oregon Natural Desert Ass’n v. Locke, 572 F.3d 610, 612–14 (9th Cir. 2009).

20

PRAYER FOR RELIEF

21

WHEREFORE, Plaintiff prays that this Court:

22

A. Order Defendant ICE to promptly process and release all responsive records to the

23 FOIA Requests, including, but not limited to, the contracts with G4S and other private contractors

24 for the transport of detainees in the San Francisco AOR; the policies, procedures, and guidelines

25 for detaining and transporting immigration detainees in the state of California; recent complaints

26 about the transportation of immigration detainees; records related to the retention of private

27 transportation providers; and records related to the vehicles, officers, and other individuals

28 involved in the transportation process, as described more fully in Exhibits 1 and 3;

10
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1

B. Declare that Defendant ICE’s failure to disclose the records requested by Plaintiff

2 is unlawful;

3

C. Award Plaintiff its litigation costs and reasonable attorneys’ fees incurred in this

4 action, as provided in 5 U.S.C. § 552(a)(4)(E) or any other law; and

5

D. Grant such other relief as the Court may deem just and proper.

6

7 Dated: July 10, 2018

Respectfully submitted,

8

By: /s/ Neel Chatterjee

9

Neel Chatterjee

Andrew Ong

10

Ian Chen

Hong-An Vu

11

Hayes Hyde

Andrea Scripa Els (pro hac vice forthcoming)

12

GOODWIN PROCTER LLP

13

Vasudha Talla

Julia Harumi Mass

14

AMERICAN CIVIL LIBERTIES UNION

FOUNDATION OF NORTHERN

15

CALIFORNIA

16

Attorneys for Plaintiff

17

18

19

20

21

22

23

24

25

26

27

28

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1 Neel Chatterjee (SBN 173985) nchatterjee@goodwinlaw.com
2 Andrew Ong (SBN 267889) aong@goodwinlaw.com
3 GOODWIN PROCTER LLP 601 Marshall Street
4 Redwood City, CA 94063 Tel: +1 650 752 3100
5 Fax: +1 650 853 1038

William S. Freeman (SBN 82002) wfreeman@aclunc.org AMERICAN CIVIL LIBERTIES UNION FOUNDATION OF NORTHERN CALIFORNIA 39 Drumm Street San Francisco, CA 94111 Tel: +1 415 621 2493 Fax: +1 415 255 8437

6 Hayes P. Hyde (SBN 308031) hhyde@goodwinlaw.com
7 GOODWIN PROCTER LLP Three Embarcadero Center
8 San Francisco, CA 94111 Tel: +1 415 733 6000
9 Fax: +1 415 677 9041

10 Attorneys for Plaintiff

11

UNITED STATES DISTRICT COURT

12

NORTHERN DISTRICT OF CALIFORNIA

13

SAN FRANCISCO DIVISION

14

15 AMERICAN CIVIL LIBERTIES UNION OF Case No. 3:18-cv-4105-LB

16 NORTHERN CALIFORNIA,

UPDATED JOINT CASE MANAGEMENT

Plaintiff,

STATEMENT

17

v.
18

19

U.S. DEPARTMENT OF HOMELAND SECURITY, IMMIGRATION AND

20 CUSTOMS ENFORCEMENT,

Date: Time: Courtroom: Judge:

May 14, 2020 9:30 a.m. Courtroom B, 15th Floor Hon. Laurel Beeler

Defendant.
21

22

23

24

25

26

27

28

JOINT CASE MANAGEMENT STATEMENT—MAY 2020 CASE NO. 3:18-CV-4105-LB

Case 3:18-cv-04105-LB Document 57 Filed 05/07/20 Page 2 of 5

1

JOINT CASE MANAGEMENT STATEMENT

2

The parties submit this joint case management statement in advance of the upcoming May

3 14, 2020 case management conference. The parties have included only sections that have changed

4 since their Joint Case Management Statement of September 19, 2019 (Dkt. No. 44), and incorporate

5 by reference all remaining sections from their previous statement.

6

Factual Background

7

By letters dated December 18, 2017 and April 6, 2018, Plaintiff American Civil Liberties

8 Union of Northern California (“ACLU-NC” or “Plaintiff”) submitted two Freedom of Information

9 Act (“FOIA”) requests to the U.S. Department of Homeland Security, Immigration and Customs

10 Enforcement (“ICE” or “Defendant”) seeking records about ICE’s transport of individuals in

11 immigration custody in ICE’s San Francisco Area of Responsibility. A description of the records

12 requested in the December 18, 2017 and April 6, 2018 FOIA requests was included as Plaintiff’s

13 attachments to prior joint CMC statements. See Dkt. Nos. 29-1 & 32-1. Given the large corpus of

14 potentially-responsive documents, Defendant agreed to conduct searches for documents responsive

15 to a Targeted List of FOIA Requests provided by Plaintiff in order to streamline the document

16 search, review, and production process.

17

Plaintiff’s Statement on Status of FOIA Production

18

In the last case management conference on September 26, 2019, the Court ordered an

19 increase in the size of ICE’s productions from 500 pages per month to 750 pages per month. Since

20 then, Defendant has not raised any further issues relating to the scope of Plaintiff’s requests or its

21 ability to meet the increased production requirement. Based on Plaintiff’s records, it last received a

22 FOIA production from Defendant in February 2020. However, Defendant recently provided letters

23 associated with productions for March and April 2020. Plaintiff is working with Defendant to get

24 access to these productions and to avoid any potential issues moving forward. Plaintiff has no

25 further updates at this time.

26

Defendant’s Statement on Status of FOIA Production

27

Defendants have continued to review and produce documents at the rate ordered by the Court

28 on September 26, 2019. Since that time, Defendants have made eight monthly productions (October
1
JOINT CASE MANAGEMENT STATEMENT—MAY 2020 CASE NO. 3:18-CV-4105-LB

Case 3:18-cv-04105-LB Document 57 Filed 05/07/20 Page 3 of 5

1 1, 2019; October 29, 2019; November 26, 2019; December 30, 2019; January 24, 2020; February 11,

2 2020; March 30, 2020; and April 29, 2020). These are Defendants’ tenth through seventeenth

3 productions to Plaintiff in this matter. Plaintiff recently indicated that it had not received a FOIA

4 production since February, upon which counsel for Defendants forwarded the cover letters

5 associated with the March and April 2020 productions, which were provided in the same manner as

6 prior productions. Defendant agrees to work with Plaintiff to provide access to these productions

7 and develop any further protocol that are necessary and possible during Shelter-in-Place restrictions

8 with the ongoing pandemic.

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Dated: May 7, 2020
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Respectfully submitted,

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By: /s/ Andrew Ong

Neel Chatterjee

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nchatterjee@goodwinlaw.com

Andrew Ong

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aong@goodwinlaw.com

Hayes P. Hyde

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hhyde@goodwinlaw.com

GOODWIN PROCTER LLP
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William S. Freeman

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wfreeman@aclunc.org

AMERICAN CIVIL LIBERTIES

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UNION FOUNDATION OF

NORTHERN CALIFORNIA

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Attorneys for Plaintiff

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21 DATED: May 7, 2020
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DAVID ANDERSON United States Attorney

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By: /s/ Kenneth Brakebill

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KENNETH BRAKEBILL

Assistant United States Attorney

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Case 3:18-cv-04105-LB Document 57 Filed 05/07/20 Page 4 of 5

1

ATTORNEY ATTESTATION

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I hereby attest, pursuant to Local Rule 5-1(i)(3), that I obtained the concurrence in the filing

3 of this document from the signatories indicated by the conformed signature (/s/).

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/s/ Andrew Ong

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Andrew Ong

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Case 3:18-cv-04105-LB Document 57 Filed 05/07/20 Page 5 of 5

1

CERTIFICATE OF SERVICE

2

I hereby certify that I electronically filed the foregoing with the Clerk of the Court for the

3 United States District Court for the Northern District of California by using the CM/ECF system on

4 May 7, 2020. I further certify that all participants in the case are registered CM/ECF users and that

5 service will be accomplished by the CM/ECF system.

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I certify under penalty of perjury that the foregoing is true and correct. Executed on May 7,

7 2020, in San Francisco, California.

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/s/ Andrew Ong

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Andrew Ong

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JOINT CASE MANAGEMENT STATEMENT—MAY 2020 CASE NO. 3:18-CV-4105-LB