AOR,CLOSED,STAYED
U.S. District Court Southern District of Florida (Miami) CIVIL DOCKET FOR CASE #: 1:17-cv-21382-DPG

American Civil Liberties Union of Florida v. U.S. Department of Homeland Security et al Assigned to: Judge Darrin P. Gayles Cause: 05:0552 Freedom of Information Act

Date Filed: 04/12/2017 Date Terminated: 01/09/2018 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

Plaintiff
American Civil Liberties Union of Florida

represented by Amien Kacou American Civil Liberties Union of Florida 4023 N. Armenia Ave. Tampa, FL 33607 (813) 288-8390 Email: akacou@aclufl.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Andrea Flynn Mogensen The Law Office of Andrea Flynn Mogensen, P.A. 200 S. Washington Boulevard Suite 7 Sarasota, FL 34236 941-955-1066 Fax: 941-866-7323 Email: Andrea@sarasotacriminalattorney.com LEAD ATTORNEY ATTORNEY TO BE NOTICED

Brian Lee Tannebaum Bast Amron 1 SE 3rd Avenue Suite 1400 Miami Miami, FL 33131

V.
Defendant
U.S. Department of Homeland Security

305-374-7850 Fax: 374-0081 Email: btannebaum@tannebaum.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Nancy Gbana Abudu American Civil Liberties Union of Florida 4500 Biscayne Blvd Suite 340 Miami, FL 33137 786-363-2700 Email: nabudu@aclufl.org LEAD ATTORNEY ATTORNEY TO BE NOTICED
Benjamin James Stevenson ACLU Foundation of Florida, Inc. Suite 712 3 W. Garden St. Pensacola, FL 32502-5636 7863632738 Fax: 7863631985 Email: bstevenson@aclufl.org TERMINATED: 08/02/2017 ATTORNEY TO BE NOTICED
represented by Chetan A. Patil US Department of Justice 20 Massachusetts Avenue NW Room 7109 Washington, DC 20530 202-305-4968 Email: chetan.patil@usdoj.gov TERMINATED: 12/22/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen S. Bloom U.S. Department of Justice Civil Division P.O. Box 883

Defendant
U.S. Customs and Border Protection

Washington, DC 20044 Email: karen.s.bloom@usdoj.gov ATTORNEY TO BE NOTICED
Kari D'Ottavio United States Department of Justice Civil Division, Federal Programs Branch 1100 L Street NW, Room 12310 Washington, DC 20005 (202) 305-0568 Email: kari.e.d'ottavio@usdoj.gov ATTORNEY TO BE NOTICED
Matthew J. Berns US Department of Justice Civil Division, Fedeal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 202-616-8016 Email: matthew.j.berns@usdoj.gov TERMINATED: 12/22/2017 ATTORNEY TO BE NOTICED
represented by Chetan A. Patil (See above for address) TERMINATED: 12/22/2017 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Karen S. Bloom (See above for address) ATTORNEY TO BE NOTICED
Kari D'Ottavio (See above for address) ATTORNEY TO BE NOTICED
Matthew J. Berns (See above for address) TERMINATED: 12/22/2017 ATTORNEY TO BE NOTICED

Date Filed 04/12/2017
04/12/2017 04/13/2017 04/13/2017 04/13/2017 05/08/2017
05/08/2017
05/08/2017

# Docket Text

COMPLAINT for declaratory and injunctive relief for violation of the

1

Freedom of Information Act against U.S. Customs and Border

Protection, U.S. Department of Homeland Security. Filing fees $

400.00 receipt number 113C-9647763, filed by American Civil

Liberties Union of Florida, Inc.. (Attachments: # 1 Exhibit FOIA

Request (Miami), # 2 Exhibit FOIA Request (Tampa), # 3 Exhibit

U.S. Postal Service Priority Tracking, # 4 Exhibit Tracking Results

(Miamil), # 5 Exhibit Tracking Results (Tampa), # 6 Exhibit Tracking

Results (Headquarters), # 7 Exhibit Acknowledgement (Miami),

# 8 Exhibit Notice (Miami), # 9 Exhibit Acknowledgement (Tampa),

# 10 Exhibit Notice (Miami))(Stevenson, Benjamin) (Entered:

04/12/2017)

2 Judge Assignment to Judge Darrin P. Gayles (lrz1) (Entered: 04/13/2017)

3 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (lrz1) (Entered: 04/13/2017)

4 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (lrz1) (Entered: 04/13/2017)

5 NOTICE by American Civil Liberties Union of Florida re 4 Clerks Notice to Filer re: Electronic Case - Civil Coversheet (Stevenson, Benjamin) (Entered: 04/13/2017)

6 NOTICE of Attorney Appearance by Chetan A. Patil on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Chetan A. Patil added to party U.S. Customs and Border Protection(pty:dft), Attorney Chetan A. Patil added to party U.S. Department of Homeland Security(pty:dft). (Patil, Chetan) (Entered: 05/08/2017)

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

8 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 Exhibit 1 - Transfer Motion, # 3 Exhibit 2 - Supporting

05/10/2017 05/11/2017 05/12/2017
05/15/2017 05/15/2017 05/23/2017 05/23/2017 05/25/2017 05/26/2017

Memorandum, # 4 Exhibit 3 - Schedule of Action) (Patil, Chetan) (Entered: 05/08/2017)

NOTICE of Filing Proposed Summons(es) by American Civil 9
Liberties Union of Florida re 1 Complaint,, filed by American Civil Liberties Union of Florida (Abudu, Nancy) (Entered: 05/10/2017)

Summons Issued as to U.S. Customs and Border Protection, U.S.

10

Department of Homeland Security(asl) (Entered: 05/11/2017)

11 Courtesy Copy of Motion to Transfer of Actions Pursuant to 28 U.S.C. 1407 for Coordinated or Consolidated Pretrial Proceedings sent before The United States Judicial Panel on Multidistrict Litigation by U.S. Department of HOmeland Security and U.S. Customs and Border Protection (Attachments: # 1 Memorandum of Law in Support, # 2 Schedule of Actions)(gp) (Entered: 05/12/2017)

12 NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security re 6 Notice of Attorney Appearance, Corrected Certificate of Service (Attachments: # 1 Exhibit 1 - Corrected Certificate of Service) (Patil, Chetan) (Entered: 05/15/2017)

13 NOTICE of Attorney Appearance by Amien Kacou on behalf of American Civil Liberties Union of Florida. Attorney Amien Kacou added to party American Civil Liberties Union of Florida(pty:pla). (Kacou, Amien) (Entered: 05/15/2017)

14 SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. United States Attorney served on 5/19/2017, answer due 7/18/2017. (Kacou, Amien) Modified text on 5/24/2017 (jas). (Entered: 05/23/2017)

15 SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. U.S. Attorney General served on 5/22/2017, answer due 7/21/2017. (Kacou, Amien) Modified text on 5/24/2017 (jas). (Entered: 05/23/2017)

16 SUMMONS (Affidavit) Returned Executed by American Civil Liberties Union of Florida. U.S. Customs and Border Protection served on 5/25/2017, answer due 7/24/2017; U.S. Department of Homeland Security served on 5/25/2017, answer due 7/24/2017. (Kacou, Amien) (Entered: 05/25/2017)

17 Unopposed MOTION for Extension of Time to File

Response/Reply/Answer as to 1 Complaint,, by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Patil, Chetan) (Entered: 05/26/2017)

05/26/2017 05/30/2017 06/06/2017 06/07/2017 06/29/2017

18 ACKNOWLEDGMENT OF SERVICE as to 15 Summons Returned Executed as to USA Attorney General supplemental receipt filed by American Civil Liberties Union of Florida. (Kacou, Amien) (Entered: 05/26/2017)
19 ENDORSED ORDER granting 17 Defendants' Unopposed Motion for Enlargement of Time to File Response to Complaint. Defendants shall respond to the Complaint on or before August 3, 2017. Signed by Judge Darrin P. Gayles (hs01) (Entered: 05/30/2017)
20 NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Filing of JPML Reply Brief (Attachments: # 1 Exhibit JPML Reply Brief) (Patil, Chetan) (Entered: 06/06/2017)
21 NOTICE by American Civil Liberties Union of Florida of Filing of JPML Memorandum in Opposition (Attachments: # 1 Exhibit JPML Memorandum in Opposition) (Kacou, Amien) (Entered: 06/07/2017)
22 ENDORSED ORDER STAYING CASE pending a transfer decision by the Judicial Panel on Multidistrict Litigation. This case is administratively closed, for statistical purposes only, without prejudice to the substantive rights of any of the parties. Any party may move to reopen this case at the appropriate time. Signed by Judge Darrin P. Gayles (hs01)

08/02/2017
08/02/2017 08/02/2017
08/08/2017 08/22/2017

NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 06/29/2017)

23 Unopposed MOTION to Withdraw as Attorney (Stevenson) by Benjamin Stevenson. by American Civil Liberties Union of Florida. Responses due by 8/16/2017 (Stevenson, Benjamin) (Entered: 08/02/2017)

24 ENDORSED ORDER granting 23 Motion to Withdraw as Attorney. Attorney Benjamin James Stevenson terminated. Signed by Judge Darrin P. Gayles (hs01) (Entered: 08/02/2017)

25 ORDER DENYING TRANSFER IN RE: MDL 2786 - American Civil Liberties Union Freedom of Information Act (FOIA) Requests Regarding Executive Order 13769. (Signed by Sarah S. Vance, Chair of the Panel). (gp) (Entered: 08/02/2017)

Agreed MOTION to Reopen Case by American Civil Liberties Union

26

of Florida. (Tannebaum, Brian) (Entered: 08/08/2017)

27 ENDORSED ORDER granting 26 Plaintiff's Agreed Motion to Reinstate Administratively Closed Case. The stay of this case pending a transfer decision by the Judicial Panel on Multidistrict Litigation 22

08/22/2017 08/30/2017
09/06/2017 10/24/2017
11/16/2017 11/16/2017 11/17/2017

is LIFTED. The Clerk of the Court shall REOPEN these proceedings. Defendants shall answer or otherwise respond to the Complaint by 9/6/17. Signed by Judge Darrin P. Gayles on 8/22/2017. (lh00) (Entered: 08/22/2017)
Set Answer Due Deadline per 27 Order: U.S. Customs and Border Protection response due 9/6/2017; U.S. Department of Homeland Security response due 9/6/2017. (asl) (Entered: 08/23/2017)
28 NOTICE of Attorney Appearance by Kari D'Ottavio on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Kari D'Ottavio added to party U.S. Customs and Border Protection(pty:dft), Attorney Kari D'Ottavio added to party U.S. Department of Homeland Security(pty:dft). (D'Ottavio, Kari) (Entered: 08/30/2017)
29 ANSWER to Complaint by U.S. Customs and Border Protection, U.S. Department of Homeland Security. (D'Ottavio, Kari) (Entered: 09/06/2017)
30 ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before 11/24/2017, the parties shall: (1) prepare and file a Joint Scheduling Report, Certificates of Interested Parties, and Corporate Disclosure Statements; (2) prepare and file a Joint Proposed Scheduling Order, adhering to the format and guidance of the attached form; and (3) complete and file the attached magistrate election forms. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/24/2017. (lh00) (Entered: 10/24/2017)
31 Joint SCHEDULING REPORT - Rule 16.1 by American Civil Liberties Union of Florida (Attachments: # 1 Text of Proposed Order)(Tannebaum, Brian) (Entered: 11/16/2017)
32 Certificate of Interested Parties/Corporate Disclosure Statement NONE disclosed by American Civil Liberties Union of Florida (Tannebaum, Brian) (Entered: 11/16/2017)
33 ENDORSED ORDER. Pursuant to the parties' 31 Joint Scheduling Report dated November 16, 2017, in which the parties agree that setting a civil trial date and pretrial schedule is premature at this time, and ultimately may not be necessary. Therefore, it is hereby ORDERED that the parties shall submit a Joint Status Report and Proposed Scheduling Order on or before December 15, 2017, to update the Court on the status of Defendants' progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in

11/17/2017 11/21/2017 12/15/2017 12/15/2017
12/22/2017 12/22/2017 01/08/2018 01/09/2018

dispute. Signed by Judge Darrin P. Gayles on 11/17/2017. (lh00) (Entered: 11/17/2017)

34 Clerks Notice to Filer re 32 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (kpe) (Entered: 11/17/2017)

35 Notice of Entry of Parties Listed (Tannebaum, Brian) (Entered: 11/21/2017)

36 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 12/15/2017)

37 ENDORSED ORDER. THIS CAUSE came before the Court on the parties' 36 Joint Status Report. Based thereon, the parties are ORDERED to submit a joint status report on or before January 8, 2018, to update the Court on the status of Defendants' progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in dispute. Signed by Judge Darrin P. Gayles on 12/15/2017. (lh00) (Entered: 12/15/2017)

38 Unopposed MOTION to Withdraw as Attorney by Matthew J. Berns & Chetan A. Patil. by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/5/2018 (Attachments: # 1 Text of Proposed Order)(Berns, Matthew) (Entered: 12/22/2017)

39 ENDORSED ORDER granting 38 Unopposed Motion to Withdraw as Attorney. Attorneys Matthew J. Berns and Chetan A. Patil terminated. Signed by Judge Darrin P. Gayles on 12/22/2017. (lh00) (Entered: 12/22/2017)

40 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 01/08/2018)

ORDER on 40 Joint Status Report. Signed by Judge Darrin P. Gayles

41

on 1/9/2018. (lh00)

03/07/2018

NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 01/09/2018)
42 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Attachments: # 1 Text of Proposed Order)(D'Ottavio, Kari) (Entered: 03/07/2018)

03/09/2018
05/07/2018 07/02/2018 08/31/2018 10/09/2018

43 SCHEDULING ORDER: THIS CAUSE is before the Court on the parties' 42 Joint Status Report dated March 7, 2018. Based thereon, it is hereby ORDERED AND ADJUDGED that:
(1) By April 30, 2018, Defendants will process 400 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records.
(2) By June 30, 2018, Defendants will process 800 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records.
(3) By September 30, 2018, Defendants will process at least 95 percent of all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, nonexempt records.
(4) By December 31, 2018, Defendants will complete processing all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records.
(5) Every sixty (60) days, the parties will file a joint status report advising the Court of the agency's progress in processing Plaintiff's requests, with the first such report to be filed by May 7, 2018. Signed by Judge Darrin P. Gayles on 3/9/2018. (lh00)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 03/09/2018)
44 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 05/07/2018)
45 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 07/02/2018)
46 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 08/31/2018)
47 NOTICE of Change of Address by Kari D'Ottavio (D'Ottavio, Kari) (Entered: 10/09/2018)

10/30/2018 12/26/2018 12/27/2018 01/28/2019 02/01/2019 02/11/2019 02/11/2019 02/19/2019
02/21/2019

48 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 10/30/2018)
49 MOTION to Stay Dec. 31, 2018 JSR deadline by U.S. Customs and Border Protection, U.S. Department of Homeland Security. Responses due by 1/9/2019 (D'Ottavio, Kari) (Entered: 12/26/2018)
50 PAPERLESS ORDER granting 49 MOTION FOR A STAY OF JOINT STATUS REPORT DEADLINE IN LIGHT OF LAPSE OF APPROPRIATIONS. The joint status report deadline shall be stayed. Either party may move to lift the stay when warranted. Signed by Judge Darrin P. Gayles (lfn) (Entered: 12/27/2018)
51 NOTICE by U.S. Customs and Border Protection, U.S. Department of Homeland Security of Restoration of Appropriations (D'Ottavio, Kari) (Entered: 01/28/2019)
52 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 02/01/2019)
53 STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Department of Homeland Security (D'Ottavio, Kari) (Entered: 02/11/2019)
54 PAPERLESS ORDER Setting Status Conference. The parties shall appear before the Court for a status conference on February 27, 2019 at 10:00 am. Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/11/2019)
55 PAPERLESS ORDER Setting Status Conference. The parties shall appear before the Court for a status conference on February 27, 2019 at 1:30 pm in Miami. Counsel residing outside of Miami-Dade county may appear telephonically. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference begins and wait until your case is called Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/19/2019)
56 PAPERLESS ORDER Setting Status Conference. Telephonic Status Conference set for February 27, 2019 at 03:30 PM in Miami Division before Judge Darrin P. Gayles. Please note the time change to 3:30pm. Counsel residing outside of Miami-Dade County may appear telephonically. Counsel shall enter their appearances telephonically using the following dial-in information: Dial-in Number 888-273-3658; Access Code 7032614; Security Code 5170. Please dial in at least ten minutes before the Status Conference

03/01/2019
03/01/2019 03/22/2019
03/22/2019 05/21/2019 07/22/2019 07/26/2019 07/27/2019

begins and wait until your case is called. Signed by Judge Darrin P. Gayles (lfn) (Entered: 02/21/2019)
57 PAPERLESS Minute Entry for proceedings held before Judge Darrin P. Gayles: Status Conference held on 3/1/2019. Counsel for all parties present. Total time in court: 10 minutes. Court Reporter: Patricia Diaz, 305-523-5178 / Patricia_Diaz@flsd.uscourts.gov. (lfn) (Entered: 03/01/2019)
58 PAPERLESS STATUS REPORT ORDER. The parties shall submit a Joint Status Report advising on the status of this case on or before March 22, 2019. Signed by Judge Darrin P. Gayles (lfn) (Entered: 03/01/2019)
59 NOTICE of Attorney Appearance by Karen S. Bloom on behalf of U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Karen S. Bloom added to party U.S. Customs and Border Protection(pty:dft), Attorney Karen S. Bloom added to party U.S. Department of Homeland Security(pty:dft). (Bloom, Karen) (Entered: 03/22/2019)
60 STATUS REPORT (JOINT) by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bloom, Karen) (Entered: 03/22/2019)
61 STATUS REPORT (Joint) by U.S. Customs and Border Protection, U.S. Department of Homeland Security (Bloom, Karen) (Entered: 05/21/2019)
62 STATUS REPORT (Joint) by American Civil Liberties Union of Florida (Kacou, Amien) (Entered: 07/22/2019)
63 STIPULATION of Dismissal with Prejudice by American Civil Liberties Union of Florida (Attachments: # 1 Text of Proposed Order)(Kacou, Amien) (Entered: 07/26/2019)
64 PAPERLESS ORDER DISMISSING CASE with prejudice pursuant to the Stipulation of Dismissal with Prejudice 63 . Signed by Judge Darrin P. Gayles (hs01) (Entered: 07/27/2019)

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 Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 1 of 13

IN THE UNITED STATES DISTRICT COURT 1
FOR THE SOUTHERN DISTRICT OF FLORIDA 2

3 AMERICAN CIVIL LIBERTIES UNION OF
4 FLORIDA,
5 Plaintiff,
6 v.
7 U.S. DEPARTMENT OF HOMELAND
8 SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
9 Defendants.
10

) Case No. ________ ) ) COMPLAINT FOR DECLARATORY ) AND INJUNCTIVE RELIEF FOR ) VIOLATION OF THE FREEDOM OF ) INFORMATION ACT, 5 U.S.C. § 552 ) et seq. ) ) ) ) ) )

11

INTRODUCTION

12

1. The American Civil Liberties Union of Florida (“Plaintiff” or “ACLU”) brings this

13 action under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552 et seq., as amended, to

14 obtain injunctive and other appropriate relief requiring Defendants U.S. Department of Homeland

15 Security (“DHS”) and U.S. Customs and Border Protection (“CBP”) (collectively, “Defendants”)

16 to respond to two FOIA requests sent by Plaintiff on February 2, 2017 (individually, “Request,”

17 and collectively, “Requests”) and to promptly disclose the requested records.

18

2. The Requests seek records concerning CBP’s local implementation of President

19 Trump’s January 27, 2017 Executive Order titled “Protecting the Nation From Foreign Terrorist

20 Entry Into the United States,” Exec. Order No. 13769, 82 Fed. Reg. 8977 (Feb. 1, 2017)

21 (“Executive Order No. 1”), as well as any other judicial order or executive directive issued

22 regarding Executive Order No.1, including President Trump’s March 6, 2017 Executive Order,

23 identically titled, Exec. Order No. 13780, 82 Fed. Reg. 13209 (Mar. 6, 2017) (“Executive Order

24 No. 2”) (collectively, “Executive Orders”).

25

3. Specifically, the first Request seeks records concerning CBP’s local

26 implementation of the Executive Orders at sites within the purview of CBP’s Miami Field Office,

27 which includes the Miami International Airport and various ports of entry. A true and correct copy

28 of this Request is attached as Exhibit A.

1

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 2 of 13

1

4. The second Request seeks records concerning CBP’s local implementation of the

2 Executive Orders at sites within the purview of CBP’s Tampa Field Office, which includes the

3 Orlando International Airport and various ports of entry. A true and correct copy of this Request is

4 attached as Exhibit B.

5

5. Among other things, the Executive Orders purport to halt refugee admissions and

6 bar entrants from several predominantly Muslim countries from entering the United States.

7

6. Defendants’ implementation of the Executive Orders has been the subject of

8 significant public concern, as reflected by mass protests around the country, substantial news

9 coverage, and numerous lawsuits filed following the President’s signing of each Executive Order.

10

7. Over the weekend of January 27–29, 2017, at least five lawsuits resulted in

11 emergency court orders enjoining implementation of various sections of Executive Order No. 1.1

12 On March 15, 2017, a district court enjoined implementation of Sections 2 and 6 of Executive

13 Order No. 2.2

14

8. News reports described Defendants’ implementation of the Executive Orders as

15 “chaotic” and “total[ly] lack[ing] . . . clarity and direction.”3

16

9. Official DHS statements reflected this confusion. For example, DHS stated on

17 January 28 that Executive Order No. 1 would “bar green card holders.”4 The next day, however,

18 DHS Secretary John Kelly deemed “the entry of lawful permanent residents to be in the national

19 interest”5 and the government clarified that Executive Order No. 1 did not apply to green card

20 holders.6

21

22

1 Vayeghan v. Kelly, No. CV 17-0702, 2017 WL 396531 (C.D. Cal. Jan. 29, 2017); Tootkaboni v. Trump, No. 17-CV-10154, 2017 WL 386550 (D. Mass. Jan. 29, 2017); Doe v. Trump, No. C17-

23

126, 2017 WL 388532 (W.D. Wash. Jan. 28, 2017); Aziz v. Trump, No. 1:17-CV-116, 2017 WL 386549 (E.D. Va. Jan. 28, 2017); Darweesh v. Trump, No. 17 CIV. 480 (AMD), 2017 WL 388504

24

(E.D.N.Y. Jan. 28, 2017). 2 Hawai’i v. Trump, No. CV 17-00050 DKW-KSC, 2017 WL 1011673 (D. Haw. Mar. 15, 2017).

25

3 See, e.g., Ryan Devereaux et al., Homeland Security Inspector General Opens Investigation of Muslim Ban, Orders Document Preservation, THE INTERCEPT, Feb. 1, 2017, available at

26

https://theintercept.com/2017/02/01/homeland-security-inspector-general-opens-investigation-ofmuslim-ban-rollout-orders-document-preservation/.

27

4 See Max Greenwood, Immigration Ban Includes Green Card Holders: DHS, THE HILL, Jan. 28, 2017, available at http://thehill.com/policy/national-security/316670-trump-refugee-ban-bars-

28

green-card-holders-report. 5 Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The

United States, DEP’T OF HOMELAND SECURITY (Jan. 29, 2017), available at

2

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 3 of 13

1

10. Reportedly spurred by this chaos, on January 29, Senators Tammy Duckworth and

2 Dick Durbin called upon the Office of the Inspector General of the Department of Homeland 3 Security to investigate Defendants’ implementation of Executive Order No. 1.7 The Senators

4 specifically sought information regarding: any guidance Defendants provided to the White House

5 in developing the order; any directions that were provided to Defendants in implementing it;

6 whether CBP officers complied with the relevant court orders; and whether DHS and CBP officers

7 kept a list of individuals that they had detained at ports of entry under the order. In response, the

8 Inspector General directed Defendants’ personnel to preserve all records “that might reasonably

9 lead to the discovery of relevant information relating the implementation of” Executive Order 10 No. 1.8

11

11. The Miami Field Office oversees five ports of entry including Miami International

12 Airport. Miami International Airport ranks nationally as the second busiest airport for international

13 passengers (21.2 million in 2015), and tenth busiest airport for total passengers (44.4 million in 14 2015).9 Globally, it is the twenty-eighth busiest airport for total passengers, and twenty-ninth 15 busiest airport for international passengers.10

16

12. The Tampa Field Office oversees seventeen ports of entry including Orlando

17 International Airport. Orlando International Airport ranks nationally as the fourteenth busiest

18 airport both for total passengers (38.7 million in 2015) and for international passengers (5.5

19

20

21

22 https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-

23

residents-united-states. 6 See Robert Mackey, As Protests Escalate, Trump Retreats From Barring Green Card Holders,

24

THE INTERCEPT, Jan. 29, 2017, available at https://theintercept.com/2017/01/29/trumps-executiveorder-no-longer-bars-green-card-holders/.

25

7 See Ryan Devereaux et al., Homeland Security Inspector General Opens Investigation of Muslim Ban, Orders Document Preservation, THE INTERCEPT, Feb. 1, 2017, available at

26

https://theintercept.com/2017/02/01/homeland-security-inspector-general-opens-investigation-ofmuslim-ban-rollout-orders-document-preservation/.

27

8 Id. 9 Miami International Airport: U.S. and Worldwide Airport Rankings, MIAMI-DADE

28

AVIATION DEP’T (Sep. 29, 2016), available at http://www.miamiairport.com/pdfdoc/2015_Rankings-US_and_Worldwide_(Final).pdf.

10 Id.

3

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 4 of 13

1 million in 2015),11 with year-round direct flights to and from a large number of cities abroad,

2 including Dubai, in the United Arab Emirates.12

3

13. Disclosure of the records Plaintiff seeks through this action would facilitate the

4 public’s understanding of how Defendants implemented and enforced the Executive Orders in the

5 Miami Field Office, including at Miami International Airport in particular, and in the Tampa Field

6 Office, including at the Orlando International Airport in particular. Such information is critical to

7 the public’s ability to hold the government accountable.

8

14. This action is necessary because Defendants have failed to provide Plaintiff with a

9 determination as to whether they will comply with the Requests, although more than 20 business

10 days have elapsed since Defendants received the Requests.

11

JURISDICTION

12

15. This Court has subject-matter jurisdiction over this action and personal jurisdiction

13 over the parties under 5 U.S.C. § 552(a)(4)(B), 5 U.S.C. § 701–706, and 28 U.S.C. § 1331.

14

VENUE

15

16. Venue in the United States District Court for the Southern District of Florida is

16 proper under 5 U.S.C. § 552(a)(4)(B) as at least some of the requested agency records are, upon

17 information and belief, situated at CBP facilities within this district, and because Plaintiff ACLU

18 of Florida’s principal place of business is in the Southern District. For the same reasons, venue

19 also is proper under 28 U.S.C. § 1391(e).

20

PARTIES

21

17. Plaintiff is a non-profit, 501(c)(4) membership organization that educates the public

22 about the civil liberties implications of pending and proposed state and federal legislation,

23 provides analysis of pending and proposed legislation, directly lobbies legislators, and mobilizes

24 its members to lobby its legislators.

25

18. Defendant Department of Homeland Security is a department of the executive

26 branch of the U.S. government and is an agency within the meaning of 5 U.S.C. § 552(f)(1).

27

28

11 Id. 12 International Service, GREATER ORLANDO AVIATION AUTHORITY (April 10, 2017),

available at https://www.orlandoairports.net/flights/international-service/.

4

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 5 of 13

1

19. Defendant U.S. Customs and Border Protection is a component of DHS and is a

2 federal agency within the meaning of 5 U.S.C. § 552(f)(1).

3

20. Plaintiff is informed and therefore believes that Defendants have possession,

4 custody, or control of the requested records.

5

FACTS

6

21. On February 2, 2017, Plaintiff sent the Requests to CBP’s Miami Field Office and

7 Tampa Field Office, as well as to CBP’s FOIA Officer at CBP Headquarters, via United States

8 Postal Service Priority mail, with tracking numbers 9505 5122 3416 7033 0679 15, 9505 5122

9 3416 7033 0679 22, and 9505 5122 3416 7033 0679 08, respectively. See Exhibit C.

10

22. The Requests sought copies of CBP’s local interpretation and enforcement of the

11 Executive Order at: 1) certain airports specified in the Requests, including Miami International

12 Airport and Orlando International Airport (“Local International Airports”); and 2) certain Port of

13 Entry offices specified in the Requests, including the Port of Entry Office corresponding to Miami

14 International Airport and the Port of Entry Office corresponding to Orlando International Airport

15 (“Port of Entry Offices”). The Requests expressly did not seek information held in the records of

16 CBP Headquarters.

17

23. Specifically, each Request sought the following:

18

1. “Records created on or after January 27, 2017 concerning CBP’s interpretation,

19

enforcement, and implementation of the following at Local International Airport:

20

a. President Trump’s Executive Order, signed on January 27, 2017 and titled

21

‘Protecting the Nation From Foreign Terrorist Entry Into the United States’;

22

b. Any guidance ‘provided to DHS field personnel shortly’ after President

23

Trump signed the Executive Order, as referenced in CBP’s online FAQ;13

24

25
26 13 To assist CBP in responding, the Request included the following information in a footnote for reference: “Protecting the Nation from Foreign Terrorist Entry into the United States, U.S.
27 CUSTOMS AND BORDER PROTECTION (Jan. 31, 2017), available at https://www.cbp.gov/bordersecurity/protecting-nation-foreign-terrorist-entry-united-states (‘The Executive Order and the
28 instructions therein were effective at the time of the order’s signing. Guidance was provided to DHS field personnel shortly thereafter.’) (emphasis added).”

5

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 6 of 13

1

c. Associate Director of Field Operations for U.S. Citizenship and

2

Immigration Services Daniel M. Renaud’s email, sent at 11:12 A.M. on

3

January 27, 2017, instructing DHS employees that they could not adjudicate

4

any immigration claims from the seven targeted countries;14

5

d. Judge Donnelly’s Decision and Order granting an Emergency Motion for

6

Stay of Removal, issued in the Eastern District of New York on January 28,

7

2017, including records related to CBP’s efforts to comply with the court’s

8

oral order requiring prompt production of a list of all class members

9

detained by CBP;15

10

e. Judge Brinkema’s Temporary Restraining Order, issued in the Eastern

11

District of Virginia on January 28, 2017;16

12

f. Judge Zilly’s Order Granting Emergency Motion for Stay of Removal,

13

issued in the Western District of Washington on January 28, 2017;17

14

g. Judge Burroughs’ Temporary Restraining Order, issued in the District of

15

Massachusetts on January 29, 2017;18

16

h. Judge Gee’s Order granting an Amended Ex Parte Application for

17

Temporary Restraining Order, issued in the Central District of California on

18

January 29, 2017;19

19 14 The following footnote was included for reference: “See Alice Speri and Ryan Devereaux,
20 Turmoil at DHS and State Department—‘There Are People Literally Crying in the Office Here,’ THE INTERCEPT, Jan. 30, 2017, available at https://theintercept.com/2017/01/30/asylum-officials-
21 and-state-department-in-turmoil-there-are-people-literally-crying-in-the-office-here/.”

22

15 The following footnote was included for reference: “Decision and Order, Darweesh v. Trump, No. 17 Civ. 480 (AMD) (E.D.N.Y. Jan. 28, 2017), available at https://www.aclu.org/legal-

23 document/darweesh-v-trump-decision-and-order.” 16 The following footnote was included for reference: “Temporary Restraining Order, Aziz v.

24 Trump, No. 1:17-cv-116 (E.D. Va. Jan. 28, 2017), available at https://www.justice4all.org/wp-

content/uploads/2017/01/TRO-order-signed.pdf.”

25 17 The following footnote was included for reference: “Order Granting Emergency Motion for

26

Stay of Removal, Doe v. Trump, No. C17-126 (W.D. Wash. Jan. 28, 2017), available at https://www.justsecurity.org/wpcontent/uploads/2017/01/Seattle-Order.pdf.”

27 18 The following footnote was included for reference: “Temporary Restraining Order, Tootkaboni v. Trump, No. 17-cv-10154 (D. Mass. Jan. 29, 2017), available at https://aclum.org/wp-
28 content/uploads/2017/01/6-TRO-Jan-29-2017.pdf.”

19 The following footnote was included for reference: “Order, Vayeghan v. Trump, No. CV 17-

6

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 7 of 13

1

i. Assurances from the U.S. Attorney’s Office for the Eastern District of

2

Pennsylvania that all individuals detained at Philadelphia International

3

Airport under the Executive Order would be admitted to the United States

4

and released from custody on Sunday, January 29, 2017;

5

j. DHS’s ‘Response to Recent Litigation’ statement, issued on January 29,

6

2017;20

7

k. DHS Secretary John Kelly’s ‘Statement on the Entry of Lawful Permanent

8

Residents Into the United States,’ issued on January 29, 2017;21

9

l. DHS’s ‘Statement on Compliance with Court Orders and the President’s

10

Executive Order,’ issued on January 29, 2017;22 and

11

m. Any other judicial order or executive directive issued regarding the

12

Executive Order on or after January 27, 2017.

13

2. Records concerning the number of individuals who were detained or subjected to

14

secondary screening, extending questioning, an enforcement examination, or

15

consideration for a waiver at Local International Airport pursuant to the Executive

16

Order, including:

17

a. The total number of individuals who remain detained or subject to

18

secondary screening, extending questioning, an enforcement examination,

19

or consideration for a waiver at Local International Airport both as of the

20

21 0702 (C.D. Cal. Jan. 29, 2017), available at

https://www.aclusocal.org/sites/default/files/vayeghan_-_order_re_tro.pdf.”

22 20 The following footnote was included for reference: “Department of Homeland Security

23

Response to Recent Litigation, DEP’T OF HOMELAND SECURITY (Jan. 29, 2017), available at https://www.dhs.gov/news/2017/01/29/department-homeland-security-response-recent-litigation.”

24 21 Statement By Secretary John Kelly On The Entry Of Lawful Permanent Residents Into The

25

United States, DEP’T OF HOMELAND SECURITY (Jan. 29, 2017), available at https://www.dhs.gov/news/2017/01/29/statement-secretary-john-kelly-entry-lawful-permanent-

26 residents-united-states.

27 22 The following footnote was included for reference: “DHS Statement On Compliance With Court Orders And The President’s Executive Order, DEP’T OF HOMELAND SECURITY (Jan. 29, 2017),
28 available at https://www.dhs.gov/news/2017/01/29/dhs-statement-compliance-court-orders-andpresidents-executive-order.”

7

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 8 of 13

1

date of this request and as of the date on which this request is processed;

2

and

3

b. The total number of individuals who have been detained or subjected to

4

secondary screening, extending questioning, an enforcement examination,

5

or consideration for a waiver for any length of time at Local International

6

Airport since January 27, 2017, including the number of individuals who

7

have been

8

i. released,

9

ii. transferred into immigration detention, or

10

iii. removed from the United States;

11

3. Records concerning the number of individuals who have been removed from Local

12

International Airport from January 27, 2017 to date pursuant to the Executive

13

Order;

14

4. Records concerning the number of individuals who arrived at Local International

15

Airport from January 27, 2017 to date with valid visas or green cards who

16

subsequently agreed voluntarily to return; and

17

5. Records containing the ‘guidance’ that was ‘provided to DHS field personnel

18

shortly’ after President Trump signed the Executive Order.”23

19 Exh. A at 6-9; Exh. B at 6-9.

20

24. Each Request included an application for expedited processing, on the grounds that

21 there is a “compelling need” for these records under 5 U.S.C. § 552(a)(6)(E)(v)(II) because the

22 information requested is “urgen[tly]” needed by an organization primarily engaged in

23 disseminating information “to inform the public concerning actual or alleged Federal Government

24 activity.” Exh. A at 13; Exh. B at 13.

25

26 23 The following footnote was included for reference: “Protecting the Nation from Foreign
27 Terrorist Entry into the United States, U.S. CUSTOMS AND BORDER PROTECTION (Jan. 31, 2017), available at https://www.cbp.gov/border-security/protecting-nation-foreign-terrorist-entry-united-
28 states (‘The Executive Order and the instructions therein were effective at the time of the order’s signing. Guidance was provided to DHS field personnel shortly thereafter.’) (emphasis added).”

8

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 9 of 13

1

25. Each Request provided detail showing that the ACLU is primarily engaged in

2 disseminating information within the meaning of 5 U.S.C. § 552(a)(6)(E)(v), given that a critical

3 and substantial aspect of the ACLU’s mission is to obtain information about government activity,

4 analyze that information, and publish and disseminate that information widely to the press and

5 public. Exh. A at 11-13; Exh. B at 11-13.

6

26. Each Request described examples of the ACLU’s information-dissemination

7 function. Exh. A at 11-13; Exh. B at 11-13.

8

27. Each Request also included an application for a fee waiver or limitation under 5

9 U.S.C. § 552(a)(4)(A)(iii) on the grounds that disclosure of the requested records is in the public

10 interest and is “likely to contribute significantly to public understanding of the operations or

11 activities of the government and is not primarily in the commercial interest of the requester.” In

12 particular, the ACLU emphasized that the Requests would significantly contribute to public

13 understanding on a matter of profound public importance about which scant specific information

14 had been made public, i.e., how local CBP Field Offices had enforced, and continue to enforce, the

15 Executive Orders. Each Request also made clear that the ACLU plans to disseminate the

16 information disclosed as a result of the Request to the public at no cost. Exh. A at 14; Exh. B at

17 14.

18

28. Each Request also applied for a waiver of search fees under 5 U.S.C.

19 § 552(a)(4)(A)(ii)(II) on the grounds that Plaintiff qualifies as “representatives of the news media”

20 and the records are not sought for commercial use, given the ACLU’s non-profit mission and

21 substantial activities to publish information for dissemination to the public, as discussed in greater

22 detail in ¶ 25 above. Exh. A at 14-15; Exh. B at 14-15.

23

29. CBP’s Miami Field Office received the Request addressed to it On February 6,

24 2017. See Exhibit D.

25

30. CBP’s Tampa Field Office received the Request addressed to it on February 6,

26 2017. See Exhibit E.

27

31. CBP’s FOIA Officer at CBP Headquarters received the Request addressed to it on

28 February 6, 2017. See Exhibit F.

9

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 10 of 13

1

32. On February 10, 2017, CBP acknowledged via email its receipt of the Request

2 delivered to the Miami Field Office. A true and correct copy of CBP’s acknowledgement of

3 receipt is attached as Exhibit G.

4

33. In its acknowledgement of receipt, CBP indicated that the Request was assigned a

5 tracking number (CBP-2017-030015). However, CBP did not provide a determination as to

6 whether, or when, CBP would comply with the Request. See Exh. F.

7

34. On the same date (February 10, 2017), CBP notified Plaintiff that the Request

8 delivered to the Miami Field Office had its tracking number changed from CBP-2017-030015 to

9 CBP-OFO-2017-030015, which, the letter explained, “is normally due to the request being

10 transferred to another agency (for example, EPA to Dept. of Commerce) or to a sub-agency to

11 process it.” See Exhibit H.

12

35. On February 22, 2017, CBP acknowledged via email its receipt of the Request

13 delivered to the Tampa Field Office. A true and correct copy of CBP’s acknowledgement of

14 receipt is attached as Exhibit I.

15

36. In its acknowledgement of receipt, CBP indicated that the Request was assigned a

16 tracking number (CBP-2017-033092). However, CBP did not provide a determination as to

17 whether, or when, CBP would comply with the Request. See Exh. H.

18

37. On March 08, 2017, CBP notified Plaintiff that the Request delivered to the Miami

19 Field Office, whose tracking number had been changed from CBP-2017-030015 to CBP-OFO-

20 2017-030015, would be changed again back to CBP-2017-030015, once again explaining that this

21 “is normally due to the request being transferred to another agency (for example, EPA to Dept. of

22 Commerce) or to a sub-agency to process it.” See Exhibit J.

23

38. As of April 12, 2017 (the filing date of this Complaint), Plaintiff has not received

24 any notification of any change made to the tracking number for the Request delivered to the

25 Tampa Field Office.

26

39. As of the filing date of this Complaint, more than 20 days (excepting Saturdays,

27 Sundays, and legal public holidays) have elapsed since CBP received the Requests.

28

10

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 11 of 13

1

40. As of the filing date of this Complaint, Defendants have not notified Plaintiff of a

2 determination as to whether Defendants will comply with the Requests.

3

41. Because Defendants failed to comply with the 20-business-day time limit provision

4 of FOIA, 5 U.S.C. § 552(a)(6)(A)(i), Plaintiff is deemed to have exhausted their administrative

5 remedies with respect to the Requests under 5 U.S.C. § 552(a)(6)(C)(i).

6

Violation of FOIA for Failure

7

to Provide a Determination

Within 20 Business Days

8

42. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 41

9 above, inclusive.

10

43. Defendants have a legal duty under FOIA to determine whether to comply with a

11 request within 20 days (excepting Saturdays, Sundays, and legal public holidays) after receiving

12 the Requests, and also have a legal duty to immediately notify a requester of the agency’s

13 determination and the reasons therefor.

14

44. Defendants’ failure to determine whether to comply with the Requests within 20

15 business days after receiving them violates FOIA, 5 U.S.C. § 552(a)(6)(A)(i), and applicable

16 regulations promulgated thereunder.

17

Violation of FOIA for Failure

18

to Make Records Available

19

45. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 41

20 above, inclusive.

21

46. Plaintiff has a legal right under FOIA to obtain the specific agency records

22 requested on February 2, 2017, and there exists no legal basis for Defendants’ failure to promptly

23 make the requested records available to Plaintiff, its members, and the public.

24

47. Defendants’ failure to promptly make available the records sought by the Requests

25 violates FOIA, 5 U.S.C. § 552(a)(3)(A), and applicable regulations promulgated thereunder.

26

48. On information and belief, Defendants currently have possession, custody or

27 control of the requested records.

28

11

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 12 of 13

1

Violation of FOIA for Failure to Provide a Determination As To

2

Expedited Processing Within 10 Days

3

49. Plaintiff repeats and re-alleges the allegations contained in paragraphs 1 through 41

4 above, inclusive.

5

50. Defendants have a legal duty under FOIA to determine whether to provide

6 expedited processing, and to provide notice of that determination to Plaintiff, within 10 days after

7 the date of the Requests.

8

51. Defendants’ failure to determine whether to provide expedited processing and to

9 provide notice of that determination to Plaintiff within 10 days after the date of the Requests

10 violates FOIA, 5 U.S.C. § 552(a)(6)(E)(ii)(I), and applicable regulations promulgated thereunder.

11

52. Because Defendants have not provided a complete response to the Requests, this

12 Court has jurisdiction under FOIA, 5 U.S.C. § 552(a)(6)(E)(iv) to review Defendants’ failure to

13 make a determination concerning Plaintiff’s Requests for expedited processing.

14

WHEREFORE, Plaintiff requests that the Court award it the following relief:

15

1. Declare that Defendants violated FOIA by failing to determine whether to comply

16 with the Requests within 20 business days and by failing to immediately thereafter notify Plaintiff

17 of such determination and the reasons therefor;

18

2. Declare that Defendants violated FOIA by unlawfully withholding the requested

19 records;

20

3. Declare that Defendants violated FOIA by failing to determine whether to provide

21 expedited processing, and to provide notice of that determination to Plaintiff, within 10 days;

22

4. Order Defendants to immediately disclose the requested records to the public and

23 make copies immediately available to Plaintiff without charge for any search or duplication fees,

24 or, in the alternative, provide for expedited proceedings to adjudicate Plaintiff’s rights under

25 FOIA;

26

5. Award Plaintiff its reasonable costs and attorneys’ fees; and

27

28

12

Case 1:17-cv-21382-DPG Document 1 Entered on FLSD Docket 04/12/2017 Page 13 of 13

1

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

2 3 DATED this 12th day of April, 2017. 4

Respectfully submitted,

5

6

By: /s/ Andrea Flynn Mogensen_____________

7

ANDREA FLYNN MOGENSEN, Esq.

8

Law Office of Andrea Flynn Mogensen, P.A.

9

200 South Washington Boulevard, Suite 7 Sarasota FL 34236

10

Telephone: 941.955.1066

Fax: 941.955.1008

11

Florida Bar No. 0549681

amogensen@sunshinelitigation.com

12

mbarfield@sunshinelitigation.com

13

14

BRIAN LEE TANNEBAUM, Esq.

1 SE 3rd Avenue, Suite 1400

15

Miami, FL 33131-1708

Telephone: (305) 374-7850

16

Fax: (305) 374-0081

Florida Bar No. 47880

17

btannebaum@tannebaum.com

18

NANCY G. ABUDU, Esq.

19

Legal Director

ACLU of Florida, Inc.

20

4500 Biscayne Blvd.

Miami, FL 33137-3254

21

(786) 363-2700

Florida Bar No. 111881

22

nabudu@aclufl.org

23

Benjamin Stevenson

ACLU of Fla.

24

3 W. Garden St., Ste. 712

Pensacola, FL 32502

25

786.363.2738

bstevenson@aclufl.org

26

Attorneys for Plaintiff

27

AMERICAN CIVIL LIBERTIES UNION OF

28

FLORIDA, INC.

13

 
 Case 1:17-cv-21382-DPG Document 17 Entered on FLSD Docket 05/26/2017 Page 1 of 5
UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:17-cv-21382-DPG
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA,
Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
Defendants.
DEFENDANTS’ UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO COMPLAINT
Pursuant to Federal Rule of Civil Procedure 6(b), Defendants, by and through counsel, respectfully move for a forty-five (45) day enlargement of time for their response to the Complaint, through and including August 3, 2017. Counsel for Plaintiff have advised that this request is not opposed by Plaintiff. In support of this motion, the undersigned counsel states as follows:
1. Plaintiff filed the Complaint in this action under the Freedom of Information Act (“FOIA”) on April 12, 2017. See ECF No. 1.
2. On April 10 and 12, 2017, twelve other groups of ACLU affiliates filed substantially similar Complaints in twelve other federal district courts across the country.
3. Plaintiff served the Complaint and Summons in this action upon the United States Attorney for the Southern District of Florida on May 19, 2017.
1

Case 1:17-cv-21382-DPG Document 17 Entered on FLSD Docket 05/26/2017 Page 2 of 5
4. Pursuant to 5 U.S.C. § 554(a)(4)(C), Defendants’ response to the Complaint is due by June 19, 2017, provided that service is perfected in accordance with Federal Rule of Civil Procedure 4(i).1
5. On May 8, 2017, Defendants filed a motion with the Judicial Panel on Multidistrict Litigation to transfer this action and the other twelve actions to the U.S. District Court for the District of Columbia pursuant to 28 U.S.C. § 1407. See ECF No. 8.
6. Defendants intend to file—and have already filed in eleven of the twelve other courts where the related actions are pending—motions for temporary stays of proceedings pending a decision by the Judicial Panel on Multidistrict Litigation. Defendants’ counsel have been advised that these motions will be opposed by the ACLU-affiliate plaintiffs in all of the related actions.
7. Defendants seek an extension of 45 days within which to respond to the Complaint in this action. This extension would provide the Court with time to consider Defendants’ forthcoming stay motion before Defendants are required to respond to the Complaint, and would provide Defendants with additional time to prepare their response in the event that their stay motion is denied.
8. Provided that service has been perfected by Plaintiff, the requested extension would result in Defendants’ response to the Complaint being due on or before August 3, 2017.
9. Counsel for Plaintiff has advised that Defendants’ request for this 45-day extension is not opposed by Plaintiff.
1 Rule 4(i) requires Plaintiff(s), in addition to serving the United States Attorney, to send a copy of the summons and complaint by registered or certified mail to the Attorney General of the United States at Washington, D.C., and to the defendant agencies, in order to perfect service. Defendants reserve the right to challenge any deficiencies in service, to the extent they exist, at the appropriate time.
2

Case 1:17-cv-21382-DPG Document 17 Entered on FLSD Docket 05/26/2017 Page 3 of 5

WHEREFORE, Defendants respectfully request that the Court grant this motion and

extend the deadline for their response to the Complaint until August 3, 2017.

Dated: May 26, 2017

Respectfully submitted,

CHAD A. READLER Acting Assistant Attorney General

BENJAMIN G. GREENBERG Acting United States Attorney

ELIZABETH J. SHAPIRO

 

Deputy Director, Federal Programs Branch

/s/ Chetan A. Patil MATTHEW J. BERNS CHETAN A. PATIL Trial Attorneys U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Tel.: (202) 305-4968 Fax: (202) 616-8470 Email: chetan.patil@usdoj.gov
/s/ Dexter A. Lee DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street Miami, Florida 33132 (305) 961-9320 Fax: (305) 530-7139 E-mail: dexter.lee@usdoj.gov
Attorneys for Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection

3

Case 1:17-cv-21382-DPG Document 17 Entered on FLSD Docket 05/26/2017 Page 4 of 5

CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing was served by CM/ECF on

May 26, 2017, on all counsel or parties of record on the Service List below.

Service List

/s/ Chetan A. Patil Chetan A. Patil

Amine Kacou AMERICAN CIVIL LIBERTIES UNION OF FLORIDA 4023 N. Armenia Ave. Tampa, FL 33607 Tel: (803) 288-8390 Email: akacou@aclufl.org

Brian Lee Tannenbaum BAST AMRON LLP 1 SE 3rd Avenue, Suite 1400 Miami, FL 33131 Tel: (305) 374-7850 Fax: (305) 374-0081 Email: btannenbaum@tannenbaum.com

Nancy Gbana Abudu AMERICAN CIVIL LIBERTIES UNION OF FLORIDA 4500 Biscayne Boulevard, Suite 340 Miami, FL 33137 Tel: (786) 363-2700 Email: nabudu@aclufl.org

Benjamin James Stevenson ACLU FOUNDATION OF FLORIDA, INC. 3 W. garden Street, Suite 712 Pensacola, FL 32502-5636 Tel: (786) 363-2738 Fax: (786) 363-1985 Email: bstevenson@aclufl.org

Attorneys for Plaintiff American Civil Liberties Union of Florida

I hereby certify that a true and correct copy of the foregoing was also served by first class

mail on May 26, 2017 on the following:

Case 1:17-cv-21382-DPG Document 17 Entered on FLSD Docket 05/26/2017 Page 5 of 5
Andrea Flynn Mogensen THE LAW OFFICE OF ANDREA FLYNN MOGENSEN 200 S. Washington Boulevard, Suite 7 Sarasota, FL 34236 Tel: (941) 955-1066 Fax: (941) 866-7323
Attorney for Plaintiff American Civil Liberties Union of Florida

Case 1:17-cv-21382-DPG Document 17-1 Entered on FLSD Docket 05/26/2017 Page 1 of 1

UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:17-cv-21382-DPG
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA,
Plaintiff,
v.
U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
Defendants.

ORDER GRANTING DEFENDANTS’ UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO COMPLAINT THIS MATTER is before the Court upon Defendants’ unopposed motion for enlargement of time to respond to the complaint. Having carefully considered the same, and finding good cause has been shown, it is ORDERED AND ADJUDGED that Defendants’ motion is GRANTED. Defendants shall have up to and including August 3, 2017 to file their answer or otherwise respond to the complaint. DONE AND ORDERED at Miami, Florida, this ____ day of ____________, 2017.

cc: All counsel of record

_______________________ Hon. Darrin P. Gayles United States District Judge

 
 Case 1:17-cv-21382-DPG Document 36 Entered on FLSD Docket 12/15/2017 Page 1 of 4
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:17-cv-21382-DPG
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA,
Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
Defendants.
JOINT STATUS REPORT Pursuant to the Court’s Endorsed Order dated November 17, 2017, ECF No. 33, Plaintiff American Civil Liberties Union of Florida (“Plaintiff”), and Defendants U.S. Department of Homeland Security (“DHS”) and U.S. Customs and Border Protection (“CBP”) (collectively, “Defendants”), submit the following Joint Status Report. 1. This matter involves Plaintiff’s requests under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, submitted to CBP, a component of DHS, on February 2, 2017. See ECF No. 1, Exs. A-B. Plaintiff seeks from CBP records related to the local implementation and enforcement of Executive Order No. 13,769, titled “Protecting the Nation from Foreign Terrorist Entry into the United States,” at what Plaintiff describes as sites within the purview of CBP’s Miami Field Office and CBP’s Tampa Field Office. The FOIA requests are attached to Plaintiff’s Complaint as Exhibits A and B, and speak for themselves.
1

Case 1:17-cv-21382-DPG Document 36 Entered on FLSD Docket 12/15/2017 Page 2 of 4

2. Plaintiff filed its Complaint on April 12, 2017, ECF No. 1, and Defendants filed their Answer on September 6, 2017, ECF No. 29. At the time Plaintiff filed its Complaint, CBP had not yet completed its processing of Plaintiff’s FOIA requests.
3. On July 14, July 26, September 21, and October 27, 2017, CBP made its first, second, third, and fourth releases, respectively, of non-exempt records deemed responsive by Defendants to Plaintiff’s and other ACLU affiliates’ requests. On November 17 and December 6, 2017, CBP made its fifth and sixth releases, respectively, of non-exempt records deemed responsive by Defendants to other ACLU affiliates’ requests. The agency is working to identify whether those records are also responsive to Plaintiff’s requests.
4. On November 28, 2017, counsel for Defendants informed counsel for Plaintiff that the agency’s estimated processing rate across all ACLU affiliate requests had increased from 3,575 pages of potentially responsive records per month to 6,500 pages of potentially responsive records per month. This updated processing capacity is set forth in the declaration of Patrick A. Howard, a Branch Chief within CBP’s FOIA division, filed on December 12, 2017 in a parallel case. See ECF No. 49-1, ACLU v. DHS, No. 1-17-cv-00441 (E.D. Va.).
5. Plaintiff is still reviewing the productions made thus far and wishes to monitor any progress made in light of the abovementioned increase in the agency’s estimated processing rate. The parties are continuing to confer about the status of CBP’s searches and about the adequacy of ongoing efforts the agency is making to satisfy Plaintiff’s requests. Therefore, the parties propose filing another joint status report by January 8, 2018. Plaintiff reserves the right, at that time, to ask the Court to set a schedule for Defendants to complete their search and produce records and a Vaughn index. A proposed order is attached.

Dated: December 15, 2017

Respectfully submitted, 2

Case 1:17-cv-21382-DPG Document 36 Entered on FLSD Docket 12/15/2017 Page 3 of 4
CHAD A. READLER Acting Assistant Attorney General
BENJAMIN G. GREENBERG Acting United States Attorney
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Kari E. D’Ottavio KARI E. D’OTTAVIO (A5502365) Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Tel: (202) 305-0568 Fax: (202) 616-8470 kari.e.d’ottavio@usdoj.gov
DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street Miami, FL 33132 Tel: (305) 961-9320 Fax: (305) 530-7139 dexter.lee@usdoj.gov
Attorneys for Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection
/s/ Brian Lee Tannenbaum BRIAN LEE TANNEBAUM, Esq. 1 SE 3rd Avenue, Suite 1400 Miami, FL 33131-1708 Telephone: (305) 374-7850 Fax: (305) 374-0081 Florida Bar No. 47880 btannebaum@tannebaum.com
ANDREA FLYNN MOGENSEN, Esq. Law Office of Andrea Flynn Mogensen, P.A. 200 South Washington Boulevard, Suite 7
3

Case 1:17-cv-21382-DPG Document 36 Entered on FLSD Docket 12/15/2017 Page 4 of 4
Sarasota FL 34236 Telephone: 941.955.1066 Fax: 941.955.1008 Florida Bar No. 0549681 amogensen@sunshinelitigation.com mbarfield@sunshinelitigation.com NANCY G. ABUDU, Esq. Legal Director ACLU of Florida, Inc. 4500 Biscayne Blvd. Miami, FL 33137-3254 (786) 363-2700 Florida Bar No. 111881 nabudu@aclufl.org AMIEN KACOU, Esq. ACLU Foundation of Florida, Inc. 4023 N. Armenia Avenue, Suite 450 Tampa, FL 33607 (813) 288-8390 (phone) akacou@aclufl.org Attorneys for Plaintiff AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC.
4

 
 Case 1:17-cv-21382-DPG Document 40 Entered on FLSD Docket 01/08/2018 Page 1 of 6
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:17-cv-21382-DPG
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA,
Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
Defendants.
JOINT STATUS REPORT Pursuant to the Court’s Endorsed Order dated December 15, 2017, ECF No. 37, Plaintiff American Civil Liberties Union of Florida (“Plaintiff”), and Defendants U.S. Department of Homeland Security (“DHS”) and U.S. Customs and Border Protection (“CBP”) (collectively, “Defendants”), submit the following Joint Status Report. 1. This matter involves Plaintiff’s requests under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, submitted to CBP, a component of DHS, on February 2, 2017. See ECF No. 1, Exs. A-B. Plaintiff seeks from CBP records related to the local implementation and enforcement of Executive Order No. 13,769, titled “Protecting the Nation from Foreign Terrorist Entry into the United States,” at what Plaintiff describes as sites within the purview of CBP’s Miami Field Office and CBP’s Tampa Field Office. The FOIA requests are attached to Plaintiff’s Complaint as Exhibits A and B, and speak for themselves.
1

Case 1:17-cv-21382-DPG Document 40 Entered on FLSD Docket 01/08/2018 Page 2 of 6
2. Plaintiff filed its Complaint on April 12, 2017, ECF No. 1, and Defendants filed their Answer on September 6, 2017, ECF No. 29. The parties filed a Joint Scheduling Report on November 16, 2017, ECF No. 31, and a Joint Status Report on December 15, 2017, ECF No. 36.
3. Plaintiff is one of 18 ACLU affiliates that submitted FOIA requests seeking similar categories of records from CBP Field Offices around the country. Fifteen of those requests are now in litigation in 13 cases filed in 13 district courts throughout the country. See Defs.’ Mem. in Support of Mot. for Transfer, Ex. 2 (ECF No. 11-2). According to Defendants, as of January 3, 2018, CBP has processed over 20,000 pages of potentially responsive records and made nine releases of responsive, non-exempt records, totaling over 7,900 pages, to the ACLU affiliates. See Declaration of Patrick Howard, ACLU of Arizona v. DHS, No. 2-17-cv-01083 (D. Ariz. Jan. 3, 2018) (ECF No. 42-1) ¶ 37. These releases included 329 pages of non-exempt records specifically responsive to Plaintiff’s requests, including 53 pages released on January 2, 2018.
4. As of December 12, 2017, CBP had estimated that it could process, on average, approximately 6,500 pages of potentially responsive records per month across all of the 18 ACLU affiliate field office requests, of which Plaintiff’s are two. See Declaration of Patrick Howard, ACLU of Virginia v. DHS, No. 1-17-cv-00441 (E.D. Va. Dec. 12, 2017) (ECF No. 49-1) ¶ 37. The agency expected that, each month, the processed pages would likely include records from each field office, so some fraction (which would vary from month to month) would contain records collected from custodians in the Miami and Tampa Field Offices. Id. This estimated processing rate for the ACLU affiliate cases was nearly double the rate that Defendants initially presented in the parties’ November 16, 2017 Joint Scheduling Report (ECF No. 31) (estimating a processing rate of 3,575 pages per month).
2

Case 1:17-cv-21382-DPG Document 40 Entered on FLSD Docket 01/08/2018 Page 3 of 6
5. On December 13, 2017, two of the 12 other district courts in which other ACLU affiliates filed suit entered orders imposing case-specific processing requirements on Defendants. See Order, ACLU of S. Cal. v. DHS, No. 2:17-cv-2778 (C.D. Cal. Dec. 13, 2017) (ECF No. 61) (ordering processing of all remaining potentially responsive documents, which exceed 7,800 pages, by February 28, 2018); Order, ACLU of Georgia v. DHS, No. 1:17-cv-1309 (N.D. Ga. Dec. 13, 2017) (ECF No. 39) (ordering processing of 1,000 pages per month, with production of all responsive documents by June 17, 2018). These orders are in addition to those previously entered by five other district courts in which other ACLU affiliates filed suit. See Order, ACLU of Washington v. DHS, No. C17-00562-MJP (W.D. Wash. Oct. 20, 2017) (ECF No. 36) (ordering processing of 1,000 pages in each of the following two months, and remaining approximately 4,100 pages by January 16, 2018); Order, ACLU of Michigan v. DHS, No. 17-cv-11149 (E.D. Mich. Oct. 26, 2017) (ECF No. 42) (ordering processing of 820 pages per month and productions on rolling basis until complete); Order, ACLU of San Diego v. DHS, No. 3:17-cv-00733 (S.D. Cal. Nov. 6, 2017) (ECF No. 53) (ordering processing of 1,000 pages per month until complete); Order, ACLU of Oregon v. DHS, 3:17-cv-00575 (D. Or. Nov. 13, 2017) (ECF No. 31) (ordering production of all responsive documents, which exceed 5,200 pages, by May 31, 2018, with a “significant amount” of these documents processed by March 1, 2018); Order, ACLU of Illinois v. DHS, 1:17-cv-02768 (N.D. Ill. Nov. 21, 2017) (ECF No. 73) (ordering processing of 950 pages per month until complete). Collectively, these seven court orders require the agency to process over 9,000 pages of potentially responsive records in January 2018, and over 8,000 pages of potentially responsive records in February 2018, thereby imposing processing obligations on the agency that exceed its previous estimate that it could process 6,500 pages per month across all of the 18 ACLU affiliate field office requests.
3

Case 1:17-cv-21382-DPG Document 40 Entered on FLSD Docket 01/08/2018 Page 4 of 6

6. Given this context, CBP currently estimates that it can commit to processing 300 pages of potentially responsive records for Plaintiff’s requests by February 28, 2018. After February 28, 2018, the agency anticipates a significant increase in its processing capabilities because, by March 2018, it will have satisfied the court orders in the Western District of Washington and the Central District of California cases. Assuming no prohibitive burden emerges before March 2018, CBP should then be able to increase its processing rate in the instant case in a manner that will be specified in a subsequent joint status report.
7. Based on the foregoing, the parties propose the following: (1) CBP will process 300 pages of records identified as potentially responsive to Plaintiff’s requests, and produce to Plaintiff those records deemed responsive and non-exempt, by February 28, 2018; (2) the parties will submit a joint status report by March 7, 2018, to update the Court on the status of Defendants’ progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in dispute. A proposed order is attached.

Dated: January 8, 2018

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
BENJAMIN G. GREENBERG Acting United States Attorney
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Kari E. D’Ottavio KARI E. D’OTTAVIO (A5502365) Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Tel: (202) 305-0568
4

Case 1:17-cv-21382-DPG Document 40 Entered on FLSD Docket 01/08/2018 Page 5 of 6
Fax: (202) 616-8470 kari.e.d’ottavio@usdoj.gov
DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street Miami, FL 33132 Tel: (305) 961-9320 Fax: (305) 530-7139 dexter.lee@usdoj.gov
Attorneys for Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection
/s/ Brian Lee Tannebaum BRIAN LEE TANNEBAUM, Esq. 1 SE 3rd Avenue, Suite 1400 Miami, FL 33131-1708 Telephone: (305) 374-7850 Fax: (305) 374-0081 Florida Bar No. 47880 btannebaum@tannebaum.com
ANDREA FLYNN MOGENSEN, Esq. Law Office of Andrea Flynn Mogensen, P.A. 200 South Washington Boulevard, Suite 7 Sarasota FL 34236 Telephone: 941.955.1066 Fax: 941.955.1008 Florida Bar No. 0549681 amogensen@sunshinelitigation.com mbarfield@sunshinelitigation.com
NANCY G. ABUDU, Esq. Legal Director ACLU of Florida, Inc. 4500 Biscayne Blvd. Miami, FL 33137-3254 (786) 363-2700 Florida Bar No. 111881 nabudu@aclufl.org
AMIEN KACOU, Esq. ACLU Foundation of Florida, Inc. 4023 N. Armenia Avenue, Suite 450 Tampa, FL 33607
5

Case 1:17-cv-21382-DPG Document 40 Entered on FLSD Docket 01/08/2018 Page 6 of 6 (813) 288-8390 (phone) akacou@aclufl.org Attorneys for Plaintiff AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC.
6

 
 Case 1:17-cv-21382-DPG Document 41 Entered on FLSD Docket 01/09/2018 Page 1 of 2
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
Case No. 17-cv-21382-GAYLES AMERICAN CIVIL LIBERTIES UNION OF FLORIDA,
Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
Defendants. /
ORDER THIS CAUSE comes before the Court on the parties Joint Status Report [ECF No. 40]. The Court has reviewed the Joint Status Report, the record, and is otherwise fully advised. Accordingly, it is ORDERED AND ADJUDGED that: 1. Defendants shall process 300 pages of records identified as potentially responsive to
Plaintiff’s requests, and produce to Plaintiff those records deemed responsive and non-
exempt, by February 28, 2018. 2. The parties shall submit a joint status report by March 7, 2018, to update the Court on the
status of Defendants’ progress towards completion of responsive, non-exempt records and any discussions between the parties regarding a potential narrowing of the issues in
dispute.
1

Case 1:17-cv-21382-DPG Document 41 Entered on FLSD Docket 01/09/2018 Page 2 of 2 3. This case shall be CLOSED for administrative purposes only. The parties may file motions in this case if warranted. DONE AND ORDERED in Chambers at Miami, Florida, this 9th day of January, 2018. ________________________________ DARRIN P. GAYLES UNITED STATES DISTRICT JUDGE
2

 
 Case 1:17-cv-21382-DPG Document 42 Entered on FLSD Docket 03/07/2018 Page 1 of 5
UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:17-cv-21382-DPG
AMERICAN CIVIL LIBERTIES UNION OF FLORIDA,
Plaintiff, v. U.S. DEPARTMENT OF HOMELAND SECURITY and U.S. CUSTOMS AND BORDER PROTECTION,
Defendants.
JOINT STATUS REPORT Pursuant to the Court’s Order dated January 9, 2018, ECF No. 41, Plaintiff American Civil Liberties Union of Florida (“Plaintiff”), and Defendants U.S. Department of Homeland Security (“DHS”) and U.S. Customs and Border Protection (“CBP”) (collectively, “Defendants”), submit the following Joint Status Report. 1. This matter involves Plaintiff’s requests under the Freedom of Information Act (“FOIA”), 5 U.S.C. § 552, submitted to CBP, a component of DHS, on February 2, 2017. See ECF No. 1, Exs. A-B. Plaintiff seeks from CBP records related to the local implementation and enforcement of Executive Order No. 13,769, titled “Protecting the Nation from Foreign Terrorist Entry into the United States,” at what Plaintiff describes as sites within the purview of CBP’s Miami Field Office and CBP’s Tampa Field Office. The FOIA requests are attached to Plaintiff’s Complaint as Exhibits A and B, and speak for themselves. 2. Plaintiff filed its Complaint on April 12, 2017, ECF No. 1, and Defendants filed their Answer on September 6, 2017, ECF No. 29. The parties filed a Joint Scheduling Report on
1

Case 1:17-cv-21382-DPG Document 42 Entered on FLSD Docket 03/07/2018 Page 2 of 5
November 16, 2017, ECF No. 31; a Joint Status Report on December 15, 2017, ECF No. 36; and a Joint Status Report on January 8, 2018, ECF No. 40. Since the parties’ last Joint Status Report, Defendants have made five more releases of non-exempt records they deem responsive (for a total of 14 releases), which included approximately 771 pages of non-exempt records they deem specifically responsive to Plaintiff’s requests.
3. The parties have come to an agreement on a production schedule going forward. Accordingly, the parties jointly request that the Court enter an order providing for the processing and release of the identified potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office according to the schedule described in paragraph 4 below.
4. The parties propose the following schedule: a. By April 30, 2018, Defendants will process 400 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. b. By June 30, 2018, Defendants will process 800 pages of potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. This total of 800 pages would include the 400 pages to be processed by April 30, 2018. c. By September 30, 2018, Defendants will process at least 95 percent of potentially responsive email messages and attachments from the files of
2

Case 1:17-cv-21382-DPG Document 42 Entered on FLSD Docket 03/07/2018 Page 3 of 5

custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. d. By December 31, 2018, Defendants will complete processing all potentially responsive email messages and attachments from the files of custodians in the Miami Field Office and the Tampa Field Office, and produce to Plaintiff any responsive, non-exempt records. e. Every sixty (60) days, Defendants will file a joint status report advising the Court of the agency’s progress in processing Plaintiff’s requests, with the first such report to be filed by May 7, 2018. 5. Plaintiff reserves the right to later challenge via motion the adequacy of Defendants’ search and production, to request a Vaughn index, and to request records other than email messages and attachments. A proposed order is attached.

Dated: March 7, 2018

Respectfully submitted,
CHAD A. READLER Acting Assistant Attorney General
BENJAMIN G. GREENBERG Acting United States Attorney
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Kari E. D’Ottavio KARI E. D’OTTAVIO (A5502365) Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Avenue NW Washington, DC 20530 Tel: (202) 305-0568
3

Case 1:17-cv-21382-DPG Document 42 Entered on FLSD Docket 03/07/2018 Page 4 of 5
Fax: (202) 616-8470 kari.e.d’ottavio@usdoj.gov
DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street Miami, FL 33132 Tel: (305) 961-9320 Fax: (305) 530-7139 dexter.lee@usdoj.gov
Attorneys for Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection
/s/ Brian Lee Tannebaum BRIAN LEE TANNEBAUM, Esq. 1 SE 3rd Avenue, Suite 1400 Miami, FL 33131-1708 Telephone: (305) 374-7850 Fax: (305) 374-0081 Florida Bar No. 47880 btannebaum@tannebaum.com
ANDREA FLYNN MOGENSEN, Esq. Law Office of Andrea Flynn Mogensen, P.A. 200 South Washington Boulevard, Suite 7 Sarasota FL 34236 Telephone: 941.955.1066 Fax: 941.955.1008 Florida Bar No. 0549681 amogensen@sunshinelitigation.com mbarfield@sunshinelitigation.com
NANCY G. ABUDU, Esq. Legal Director ACLU of Florida, Inc. 4500 Biscayne Blvd. Miami, FL 33137-3254 (786) 363-2700 Florida Bar No. 111881 nabudu@aclufl.org
AMIEN KACOU, Esq. ACLU Foundation of Florida, Inc. 4023 N. Armenia Avenue, Suite 450 Tampa, FL 33607
4

Case 1:17-cv-21382-DPG Document 42 Entered on FLSD Docket 03/07/2018 Page 5 of 5 (813) 288-8390 (phone) akacou@aclufl.org Attorneys for Plaintiff AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC.
5

 
 Case 1:17-cv-21382-DPG Document 63 Entered on FLSD Docket 07/26/2019 Page 1 of 3

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
CASE NO. 1:17-cv-21382-DPG

AMERICAN CIVIL LIBERTIES UNION OF

FLORIDA,

) )

)

Plaintiff,

)

)

v.

)

)

)

U.S. DEPARTMENT OF HOMELAND

)

SECURITY and U.S. CUSTOMS AND

)

BORDER PROTECTION,

)

)

Defendants.

) )

)

)

STIPULATION OF DISMISSAL WITH PREJUDICE

The parties, by and through their undersigned counsel, having executed a settlement

agreement, hereby stipulate to the dismissal of this action with prejudice pursuant to Fed. R. Civ.

P. 41(a).

Dated: July 26, 2019

Respectfully submitted,
JOSEPH H. HUNT Assistant Attorney General
ARIANA FAJARDO ORSHAN United States Attorney
ELIZABETH J. SHAPIRO Deputy Director, Federal Programs Branch
/s/ Karen S. Bloom KAREN BLOOM (DC # 499425) Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 1100 L Street, NW, Room 11518
1

Case 1:17-cv-21382-DPG Document 63 Entered on FLSD Docket 07/26/2019 Page 2 of 3
Washington, DC 20005 Phone: (202) 514-4964 Fax: (202) 616-8470 karen.s.bloom@ usdoj. gov
DEXTER A. LEE Assistant U.S. Attorney Fla. Bar No. 0936693 99 N.E. 4th Street Miami, FL 33132 Tel: (305) 961-9320 Fax: (305) 530-7139 dexter.lee@usdoj.gov
Attorneys for Defendants U.S. Department of Homeland Security and U.S. Customs and Border Protection
BRIAN LEE TANNEBAUM, Esq. 1 SE 3rd Avenue, Suite 1400 Miami, FL 33131-1708 Telephone: (305) 374-7850 Fax: (305) 374-0081 Florida Bar No. 47880 btannebaum@tannebaum.com
ANDREA FLYNN MOGENSEN, Esq. Law Office of Andrea Flynn Mogensen, P.A. 200 South Washington Boulevard, Suite 7 Sarasota FL 34236 Telephone: 941.955.1066 Fax: 941.955.1008 Florida Bar No. 0549681 amogensen@sunshinelitigation.com mbarfield@sunshinelitigation.com
/s/ Amien Kacou AMIEN KACOU, Esq. ACLU Foundation of Florida, Inc. 4023 N. Armenia Avenue, Suite 450 Tampa, FL 33607 (813) 288-8390 (phone) akacou@aclufl.org
2

Case 1:17-cv-21382-DPG Document 63 Entered on FLSD Docket 07/26/2019 Page 3 of 3 Attorneys for Plaintiff AMERICAN CIVIL LIBERTIES UNION OF FLORIDA, INC.
CERTIFICATE OF SERVICE I hereby certify that, on July 26, 2019, I electronically served a true and correct copy of the foregoing on counsel for Defendant via transmission of a Notice of Electronic Filing generated by the CM/ECF system of the U.S. District Court of the Southern District of Florida. Dated: July 26, 2019 .
/s/ Amien Kacou AMIEN KACOU, Esq.
3