American Civil Liberties Union Foundation et al v. Department of Justice et al
Filing
116
ORDER re 114 Status Report filed by Department of Homeland Security, 115 Status Report filed by American Civil Liberties Foundation of Northern California, American Civil Liberties Union Foundation. Signed by Judge Robert M. Illman on 04/26/2021. (rmilc2S, COURT STAFF) (Filed on 4/26/2021)
Case 3:19-cv-00290-EMC Document 116 Filed 04/26/21 Page 1 of 2
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UNITED STATES DISTRICT COURT
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NORTHERN DISTRICT OF CALIFORNIA
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EUREKA DIVISION
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AMERICAN CIVIL LIBERTIES UNION
FOUNDATION, et al.,
Plaintiffs,
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v.
United States District Court
Northern District of California
ORDER
Re: Dkt. Nos. 114, 115
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Case No. 19-cv-00290-EMC (RMI)
U.S. DEPARTMENT OF JUSTICE, et al.,
Defendants.
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On March 26, 2021, the court entered an order directing the Department of Homeland
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Security (“DHS”) to adhere to a certain schedule regarding the processing and production of
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documents in this Freedom of Information Act case. See Order of March 26, 2021 (dkt. 110). DHS
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was warned that the “deadlines are firm and no extensions or relief will be entertained by the
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undersigned absent extraordinary circumstances; and, any failures in compliance may result in
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sanctions.” Id. at 2. Instead of complying, DHS has filed a lengthy “status report” that does little
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more than to enumerate the details of its failure to comply with the schedule set by the court’s
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previous order. See Status Report (dkt. 114). The court is running out of patience, and DHS’s
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continued failure to abide by the provisions set forth below will most certainly result in sanctions.
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In light of Plaintiffs’ objections to DHS’s continued delays, the court now orders as
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follows:
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(1)
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specific, reliable estimates of the pages of records potentially responsive to parts 2, 3, and 5—
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including identifying the number of pages associated with particular components, de-duplication,
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page imaging, and/or accounting for the extent to which Excel files, embedded objects and
DHS is ORDERED to immediately complete all actions necessary to generate reasonably
Case 3:19-cv-00290-EMC Document 116 Filed 04/26/21 Page 2 of 2
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images, or other artifacts of the record search have artificially inflated the number of potentially
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responsive records.
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(2)
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of this Order, estimates of the volume of potentially responsive records attributable to specific
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document types, components, date ranges, and any other reasonably ascertainable categories of
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information that could aid the Parties in identifying ways to further adjust search parameters in
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order to reduce the volume of responsive records to a manageable amount.
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(3)
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court such that a sanctions hearing may be quickly set. If DHS does meet its 14-day deadline, the
DHS is FURTHER ORDERED to communicate to Plaintiffs, within 14 days of the date
If DHS fails to meet its 14-day deadline, Plaintiffs are directed to promptly inform the
Parties are ORDERED to submit a status report setting forth their respective positions as to the
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United States District Court
Northern District of California
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appropriate processing rate and schedule no later than 28 days of the date of this order.
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IT IS SO ORDERED.
Dated: April 26, 2021
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ROBERT M. ILLMAN
United States Magistrate Judge
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