ACCO,(JEMx),CLOSED,DISCOVERY,MANADR
UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA (Western Division − Los Angeles)
CIVIL DOCKET FOR CASE #: 2:18−cv−08917−JAK−JEM

ACLU of Southern California v. United States Department of Homeland Security Assigned to: Judge John A. Kronstadt Referred to: Magistrate Judge John E. McDermott Cause: 05:552 Freedom of Information Act
Plaintiff

Date Filed: 10/16/2018 Date Terminated: 02/04/2020 Jury Demand: None Nature of Suit: 895 Freedom of Information Act Jurisdiction: U.S. Government Defendant

ACLU of Southern California

represented by Matthew D Strugar Law Office of Matthew Strugar 3425 Wilshire Blvd Suite 2910 Los Angeles, CA 90010 323−696−2299 Email: matthew@matthewstrugar.com ATTORNEY TO BE NOTICED

V.
Defendant
United States Department of Homeland Security

represented by Matthew Jimenez Barragan AUSA − Office of US Attorney 300 North Los Angeles Street Suite 7516 Los Angeles, CA 90012 213−894−2444 Fax: 213−894−7819 Email: matthew.barragan@usdoj.gov ATTORNEY TO BE NOTICED

Date Filed 10/16/2018
10/16/2018 10/16/2018
10/16/2018 10/16/2018 10/16/2018 10/16/2018 10/16/2018

# Docket Text
1 COMPLAINT Receipt No: 0973−22583829 − Fee: $400, filed by plaintiff ACLU of Southern California. (Attachments: # 1 Exhibit FOIA Request) (Attorney Matthew D Strugar added to party ACLU of Southern California(pty:pla))(Strugar, Matthew) (Entered: 10/16/2018)
2 CIVIL COVER SHEET filed by Plaintiff ACLU of Southern California. (Strugar, Matthew) (Entered: 10/16/2018)
3 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff ACLU of Southern California. (Strugar, Matthew) (Entered: 10/16/2018)
4 NOTICE of Interested Parties filed by Plaintiff ACLU of Southern California, (Strugar, Matthew) (Entered: 10/16/2018)
5 CORPORATE DISCLOSURE STATEMENT filed by Plaintiff ACLU of Southern California (Strugar, Matthew) (Entered: 10/16/2018)
6 NOTICE OF ASSIGNMENT to District Judge John A. Kronstadt and Magistrate Judge Maria A. Audero. (esa) (Entered: 10/16/2018)
7 NOTICE TO PARTIES OF COURT−DIRECTED ADR PROGRAM filed. (esa) (Entered: 10/16/2018)
8 NOTICE OF DEFICIENCIES in Request to Issue Summons. The following error(s) was found: Please correct the name of the Clerk of the Court. The summons cannot be issued until this defect has been corrected. Please correct the defect and re−file your request. (esa) (Entered: 10/16/2018)

10/16/2018 10/16/2018 10/16/2018
10/17/2018 11/14/2018
12/17/2018 12/21/2018
12/27/2018 01/11/2019
02/01/2019 02/05/2019
03/26/2019

9 Request for Clerk to Issue Summons on Complaint (Attorney Civil Case Opening) 1 filed by plaintiff ACLU of Southern California. (Strugar, Matthew) (Entered: 10/16/2018)
10 30 DAY Summons issued re Complaint 1 as to defendant United States Department of Homeland Security. (esa) (Entered: 10/16/2018)
11 ORDER RETURNING CASE FOR REASSIGNMENT UPON RECUSAL by Magistrate Judge Maria A. Audero. ORDER case returned to the Clerk for random reassignment Discovery pursuant to General Order 05−07. Case randomly reassigned from Magistrate Judge Maria A. Audero to Magistrate Judge John E. McDermott for all further proceedings. The case number will now reflect the initials of the transferee Judge 2:18−cv−08917 JAK(JEMx). (rn) (Entered: 10/16/2018)
12 STANDING ORDERS FOR CIVIL CASES ASSIGNED TO JUDGE JOHN A. KRONSTADT . (SEE ORDER FOR SPECIFICS) (twdb) . (Entered: 10/17/2018)
13 STIPULATION Extending Time to Answer the complaint as to United States Department of Homeland Security answer now due 12/17/2018, re Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Department of Homeland Security.(Attorney Matthew Jimenez Barragan added to party United States Department of Homeland Security(pty:dft))(Barragan, Matthew) (Entered: 11/14/2018)
14 STIPULATION for Extension of Time to File Answer to 2/15/2019 re Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 12/17/2018)
15 ORDER RE STIPULATION TO EXTEND TIME FOR DEFENDANT TO RESPOND TO INITIAL COMPLAINT 14 by Judge John A. Kronstadt. IT IS HEREBY ORDERED that the Stipulation is GRANTED. Defendant United States Department of Homeland Security (DHS) shall have up to and including February 15, 2019, to answer, plead or otherwise respond to Plaintiff's Complaint. (lom) (Entered: 12/21/2018)
16 EX PARTE APPLICATION to Stay Case pending THE LAPSE OF APPROPRIATIONS ; Declaration of David M. Harris filed by Defendant United States Department of Homeland Security. (Attachments: # 1 Proposed Order) (Barragan, Matthew) (Entered: 12/27/2018)
17 ORDER RE DEFENDANTS' EX PARTE APPLICATION TO STAY THE ENTIRE CASE DUE TO THE LAPSE OF APPROPRIATIONS 16 by Judge John A. Kronstadt. Therefore, the Application is GRANTED IN PART. Due to the lapse in appropriations to the Department of Justice, the entire case is PARTIALLY STAYED until Department of Justice attorneys are permitted to resume their usual civil litigation functions. All dates and deadlines that have been set in this matter are VACATED. (lom) (Entered: 01/14/2019)
18 JOINT REPORT of REGARDING DATES AND DEADLINES IN THIS ACTION filed by Defendant United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 02/01/2019)
19 ORDER by Judge John A. Kronstadt re Joint Report to Lift Stay and Set Deadlines in this Action (DKT 18). The Court, having considered the parties Joint Report, and good cause appearing, hereby GRANTS the Stipulation as follows:1. That the stay of these proceedings is lifted; and 2. The dates in this action are reset as follows: The United States of America shall answer, plead or otherwise respond to the Complaint by March 29, 2019. In the event of a future lapse in federal appropriations that affects the Department of Justice, a new application and proposed order to stay this action may be filed. (shb) (Entered: 02/05/2019)
20 STIPULATION for Extension of Time to File Answer to June 27, 2019 re Complaint (Attorney Civil Case Opening) 1 filed by Defendants United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 03/26/2019)

04/02/2019 04/02/2019
06/26/2019 06/26/2019
08/15/2019 09/18/2019
02/03/2020 02/03/2020 02/04/2020 02/04/2020 02/26/2020 02/26/2020

21 ORDER Re Stipulation to Extend Time for Defendant to Respond to initial Complaint 20 by Judge John A. Kronstadt that Defendant United States Department of Homeland Security shall have up to and including 6/27/2019, to answer, plead or otherwise respond to Plaintiff's Complaint. **NOTE CHANGES MADE BY COURT**. (jp) (Entered: 04/02/2019)
22 (IN CHAMBERS) ORDER RE NOTICE OF AMENDED STANDING ORDER by Judge John A. Kronstadt: Counsel are advised that on March 25, 2019, the Court amended its Consolidated Standing Order. Counsel shall refer to this Court's Procedures and Schedules found on the website for the United States District Court (http://www.cacd.uscourts.gov/honorable−john−kronstadt) to obtain a copy of the Order. The March 25, 2019 version of the Consolidated Standing Order is effective in this action immediately. THERE IS NO PDF DOCUMENT ASSOCIATED WITH THIS ENTRY. (rrey) TEXT ONLY ENTRY (Entered: 04/02/2019)
23 ANSWER to Complaint (Attorney Civil Case Opening) 1 filed by Defendant United States Department of Homeland Security.(Barragan, Matthew) (Entered: 06/26/2019)
24 ORDER SETTING RULE 16(b)/26(f) SCHEDULING CONFERENCE by Judge John A. Kronstadt. Hearing: No Hearing/Under Submission. Joint Report Due: August 16, 2019. This case has been assigned to Judge John A. Kronstadt. This Order applies to all parties in this action, whether or not they are represented by counsel. Counsel, as used in this Order, also refers to parties who are representing themselves. If plaintiff has not already served the complaint (or any amendment thereto) on each defendant, plaintiff shall promptly do so and file proofs of service within three (3) days thereafter. Defendant(s) also shall timely serve and file their responsive pleadings and file proofs of service within three (3) days thereafter. See order for details. (shb) (Entered: 06/27/2019)
25 JOINT REPORT Rule 26(f) Discovery Plan / Rule 16(b) ; estimated length of trial 0 days, filed by Defendant United States Department of Homeland Security.. (Attachments: # 1 Schedule A to Scheduling Order)(Barragan, Matthew) (Entered: 08/15/2019)
26 (IN CHAMBERS) SCHEDULING ORDER SETTING PRETRIAL DEADLINES (DKT. 24)by Judge John A. Kronstadt: The Court has reviewed the parties' August 15, 2019 Joint Report and sets the following deadlines: February 3, 2020: Deadline for Cross Motions for Summary Judgment; February 24, 2020: Simultaneous Responsive Briefs to Motions for Summary Judgment; March 9, 2020: Simultaneous Reply Briefs to Motions for Summary Judgment; March 30, 2020 at 8:30 a.m.: Hearing on Cross Motions for Summary Judgment. (bm) (Entered: 09/19/2019)
27 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Defendant United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 02/03/2020)
28 STIPULATION for Order Extending Plaintiff's Time to File Motion for Attorney's Fees and Costs filed by Defendant United States Department of Homeland Security. (Attachments: # 1 Proposed Order)(Barragan, Matthew) (Entered: 02/03/2020)
29 ORDER DISMISSING CASE WITH PREJUDICE by Judge John A. Kronstadt. The Stipulation to Dismiss Case 27 is approved and so ordered. Accordingly, all dates and deadlines are vacated. Case Terminated. Made JS−6. (cw) (Entered: 02/04/2020)
30 ORDER by Judge John A. Kronstadt. The Stipulation for Order Extending Plaintiff's Time to File Motion for Attorney's Fees and Costs 28 is approved and so ordered. The deadline is extended to March 3, 2020. (cw) (Entered: 02/04/2020)
31 NOTICE of Settlement filed by Defendant United States Department of Homeland Security. (Barragan, Matthew) (Entered: 02/26/2020)
32 STIPULATION to Dismiss Case pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) filed by Defendant United States Department of Homeland Security.(Barragan, Matthew) (Entered: 02/26/2020)

 
 Case 2:18-cv-08917-JAK-JEM Document 1 Filed 10/16/18 Page 1 of 4 Page ID #:1

1 Matthew Strugar (State Bar No. 232951) matthew@matthewstrugar.com
2 Law Office of Matthew Strugar

3 3435 Wilshire Blvd., Suite 2910

4

Los Angeles, CA 90010 323-696-2299

5

6 Attorney for Plaintiff

7

UNITED STATES DISTRICT COURT

8 CENTRAL DISTRICT OF CALIFORNIA — WESTERN DIVISION
9

10 ACLU OF SOUTHERN CALIFORNIA,

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Plaintiff,

12

13

v.

14 THE UNITED STATES DEPARTMENT OF 15 HOMELAND SECURITY,

Civ. No. 18-8917
Complaint for Declaratory and Injunctive Relief

16

Defendant.

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18

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1. This is an action under the Freedom of Information Act (FOIA), 5

20 U.S.C. § 552, seeking the release of records related to ICE agents’ practice of

21 misrepresenting or concealing their identity when conducting enforcement actions.

22 Jurisdiction and Venue

23

2. This Court has jurisdiction over the parties and subject matter pursuant

24 to 5 U.S.C. § 552(a)(4)(B) and 28 U.S.C. § 1331.

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

26 Parties

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4. Plaintiff ACLU of Southern California is a non-profit organization

28 dedicated to defending and securing the rights granted by the U.S. Constitution and

1

Complaint for Declaratory and Injunctive Relief

Case 2:18-cv-08917-JAK-JEM Document 1 Filed 10/16/18 Page 2 of 4 Page ID #:2

1 Bill of Rights. ACLU SoCal’s work focuses on immigrants’ rights, the First

2 Amendment, equal protection, due process, privacy, and furthering civil rights for

3 disadvantaged groups. As part of its immigrants’ rights work, ACLU SoCal monitors

4 Immigration and Customs Enforcement’s practices.

5

5. Defendant Department of Homeland Security (DHS) is an agency of

6 the United States.

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6. Immigration and Customs Enforcement (ICE) is a component of DHS.

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7. ICE has possession, custody, and control of the records Plaintiff seeks.

9

Statement of Facts

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8. As a part of its immigrants’ rights work, Plaintiff requests public

11 records from local, state, and federal entities involved in law enforcement and

12 immigration enforcement activities. Plaintiff uses the documents disclosed through

13 public records requests to educate the public through reports, “know your rights”

14 trainings, and the media, and to advocate for reforms to immigration enforcement

15 policies and practices. This suit involves a FOIA request to ICE that remains

16 unresolved many months past FOIA’s statutory deadline.

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9. On February 12, 2018, Plaintiff sent a FOIA request to DHS’s Privacy

18 Office, ICE, and ICE’s Los Angeles Field Office by email and U.S. Mail seeking

19 information related to ICE agents’ practice of misrepresenting or concealing their

20 identity when conducting enforcement actions.

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10. Plaintiff requested a waiver of fees associated with processing its

22 request.

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11. Plaintiff’s request, including the exhibits to the request, are attached as

24 Exhibit 1 and incorporated here by reference.

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12. On February 16, 2018, the ICE FOIA Office sent Plaintiff an email

26 stating that ICE granted Plaintiff’s fee request and assigning the request reference

27 number 2018-ICFO-20417.

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2 Complaint for Declaratory and Injunctive Relief

Case 2:18-cv-08917-JAK-JEM Document 1 Filed 10/16/18 Page 3 of 4 Page ID #:3

1

13. On February 16, 2018, DHS’s Privacy Office sent Plaintiff a letter

2 stating that “[d]ue to the subject matter of [Plaintiff’s] request, [it was] transferring

3 this request to the FOIA Office at the Office of Inspector General (OIG).”

4

14. The February 16, 2018, letter from the DHS’s Privacy Office also

5 assigned the request a number: 2018-HQFO-00610.

6

15. On July 13, 2018, DHS OIG sent Plaintiff a letter stating that a search

7 of DHS-OIG Offices of Inspections, Audits and Special Reviews Group had revealed

8 no responsive records.

9

16. Plaintiff received no response to its request from ICE’s Los Angeles

10 Field Office.

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17. As of the filing of this Complaint, Plaintiff has not received a final

12 determination and response from ICE with regard to the request.

13

18. Pursuant to 5 U.S.C. § 552(a)(6)(C)(i), Plaintiff is deemed to have

14 exhausted its administrative remedies with regard to the request because the agency

15 has failed to comply with the statutory time limit.

16

Count I: Violation of FOIA

17

19. Plaintiff realleges and incorporates by reference the allegations in each

18 of the preceding paragraphs of this Complaint.

19

20. Defendant has violated FOIA by failing to produce the records

20 responsive to Plaintiff’s February 12, 2018 request.

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21. Plaintiff and the public have been and will continue to be irreparably

22 harmed until Defendant is ordered to comply with Plaintiff’s FOIA request.

23

Request for Relief

24 WHEREFORE, Plaintiff respectfully requests that this Court:

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(1)

Declare Defendant’s failure to comply with FOIA to be unlawful;

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(2)

Enjoin Defendant from continuing to withhold the public records

27 responsive to Plaintiff’s FOIA request and otherwise order Defendant to produce the

28 requested public records without further delay;

3 Complaint for Declaratory and Injunctive Relief

Case 2:18-cv-08917-JAK-JEM Document 1 Filed 10/16/18 Page 4 of 4 Page ID #:4

1

(3)

Grant Plaintiff an award of attorney fees and other litigation costs

2 reasonably incurred in this action, to the extent permitted by law; and

3

(4)

Grant Plaintiff such other and further relief which the Court deems

4 proper.

5 Date: October 16, 2018
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Respectfully submitted,

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8

____/s/ Matthew Strugar_____________ Matthew Strugar (State Bar No. 232951)

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matthew@matthewstrugar.com

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Law Office of Matthew Strugar

3435 Wilshire Blvd., Suite 2910

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Los Angeles, CA 90010

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323-696-2299

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4 Complaint for Declaratory and Injunctive Relief

 
 Case 2:18-cv-08917-JAK-JEM Document 27 Filed 02/03/20 Page 1 of 3 Page ID #:201

1 Matthew Strugar (State Bar No. 232951)

matthew@matthewstrugar.com

2 Law Office of Matthew Strugar

3435 Wilshire Blvd., Suite 2910

3 Los Angeles, CA 90010

323-696-2299

4

Attorneys for Plaintiff

5

NICOLA T. HANNA

6 United States Attorney

DAVID M. HARRIS

7 Assistant United States Attorney

Chief, Civil Division

8 JOANNE S. OSINOFF

Assistant United States Attorney

9 Chief, General Civil Section

MATTHEW J. BARRAGAN (Cal. Bar No. 283883)

10 Assistant United States Attorney

Federal Building, Suite 7516

11

300 North Los Angeles Street

Los Angeles, California 90012

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Telephone: (213) 894-8827/2444

Facsimile: (213) 894-7819

13

E-mail: Matthew.Barragan@usdoj.gov

14 Attorneys for Defendant

15 UNITED STATES DISTRICT COURT
16 FOR THE CENTRAL DISTRICT OF CALIFORNIA
17 WESTERN DIVISION
18

19 ACLU OF SOUTHERN CALIFORNIA, No. CV 18-08917 JAK (JEMx)

20

Plaintiff,

STIPULATION OF DISMISSAL

21

v.

Honorable John A. Kronstadt

22 UNITED STATES DEPARTMENT OF HOMELAND SECURITY,
23 Defendant.
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Case 2:18-cv-08917-JAK-JEM Document 27 Filed 02/03/20 Page 2 of 3 Page ID #:202

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Plaintiff ACLU of Southern California (“Plaintiff”) and Defendant United States

2 Department of Homeland Security (“Defendant” or “DHS”) hereby submit the following

3 Stipulation to Dismiss.

4

WHEREAS, Plaintiff submitted a Freedom of Information Act (“FOIA”) request

5 to Defendant on February 12, 2018.

6

WHEREAS, on October 16, 2018, Plaintiff filed a complaint pursuant to 5 U.S.C.

7 § 552(a)(4)(B), alleging unlawful withholding of FOIA documents and requesting the

8 Court order Defendant to produce the requested agency records.

9

WHEREAS, Plaintiff is now satisfied with the production Defendant made in

10 response to the FOIA request.

11

WHEREAS, Plaintiff and Defendant agree that dismissal of this action is in the

12 best interest of the parties and judicial efficiency.

13

IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiff and

14 Defendant, through their respective counsel, that this action be dismissed with prejudice

15 pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). Plaintiff reserves the right

16 to seek an award of attorney’s fees and costs in the time provided by Local Rules 54-2

17 and 54-7, and Defendant reserves its right to oppose any such request.

18

19 Dated: February 3, 2020

LAW OFFICE OF MATTHEW STRUGAR

20

21

/s/ Matthew Strugar

MATTHEW STRUGAR

22

Attorneys for Plaintiff

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ACLU of Southern California

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1

Case 2:18-cv-08917-JAK-JEM Document 27 Filed 02/03/20 Page 3 of 3 Page ID #:203

1 Dated: February 3, 2020 2 3 4 5

NICOLA T. HANNA United States Attorney DAVID M. HARRIS Assistant United States Attorney Chief, Civil Division JOANNE S. OSINOFF Assistant United States Attorney Chief, General Civil Section

6

/s/ Matthew J. Barragan

7

MATTHEW J. BARRAGAN*

Assistant United States Attorney

8

Attorneys for Defendant

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U.S. Department of Homeland Security

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*Pursuant to Local Rule 5-4.3.4(2), the filer attests that all signatories listed, and

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on whose behalf the filing is submitted, concur in the filing’s content and have authorized the filing.

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