American Civil Liberties Union of Washington et al v. U.S. Department of Homeland Security et al

Filing 36

ORDER re Status Conference on 10/17/17; By January 31, 2018, the parties shall submit a joint status report and proposed case schedule to the Court (See Order for more details), signed by Judge Marsha J. Pechman. (SWT)

The Honorable Marsha J. Pechman

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UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WASHINGTON
AT SEATTLE

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AMERICAN CIVIL LIBERTIES UNION OF
WASHINGTON, et al.,

No. C17-00562-MJP

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Plaintiffs,

ORDER

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v.
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UNITED STATES DEPARTMENT OF
HOMELAND SECURITY, et al.,

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Defendants.

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This matter came before the Court for a Status Conference on October 17, 2017. Plaintiffs
were represented by Eric M. Stahl and Defendants were represented by Jason Lee.

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The Court orders as follows:

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1.

By no later than October 25, 2017, Plaintiffs shall provide Defendants with

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their suggested search terms to assist Defendants in identifying records responsive to Plaintiffs’

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FOIA request from the approximately 4,700 email records Defendants have identified to date

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from the four custodians in the U.S. Customs and Border Protection Seattle Field Office (the

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“Records”).

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2.

By no later than November 18, 2017, Defendants shall have (i) reviewed for

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responsiveness and for information exempt from disclosure under the FOIA the first 1,000

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pages of the Records identified as potentially responsive to Plaintiffs’ FOIA request, located
ORDER
(C17-00562-MJP) - 1

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through Defendants’ search of email records from custodians in the Customs and Border

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Protection (“CBP”) Seattle Field Office, and (ii) produced to Plaintiffs responsive, non-exempt

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records identified in this review and identified any asserted exemptions.

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3.

By no later than December 18, 2017, Defendants shall have (i) reviewed for

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responsiveness and for information exempt from disclosure under the FOIA the next 1,000

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pages of the Records identified as potentially responsive to Plaintiffs’ FOIA request, located

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through Defendants’ search of email records from custodians in the CBP Seattle Field Office,

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and (ii) produced to Plaintiffs responsive, non-exempt records identified in this review and

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identified any asserted exemptions.

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4.

By no later than January 16, 2018, Defendants shall have (i) reviewed for

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responsiveness and for information exempt from disclosure under the FOIA any remaining

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pages of the Records identified as potentially responsive to Plaintiffs’ FOIA request, located

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through Defendants’ search of email records from custodians in the CBP Seattle Field Office,

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and (ii) produced to Plaintiffs responsive, non-exempt records identified in this review and

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identified any asserted exemptions..

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5.

By January 31, 2018, the parties shall submit a joint status report and proposed

case schedule to the Court, addressing (without limitation):

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a.

The status of Defendants’ response to Plaintiffs’ FOIA request, and

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b.

A proposed briefing schedule for dispositive motions, if appropriate.

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Dated this 20th day of October 2017.

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A

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Marsha J. Pechman
United States District Judge

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ORDER
(C17-00562-MJP) - 2

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Presented by:
Davis Wright Tremaine LLP

United States Department of Justice

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By /s/Eric M. Stahl
Eric M. Stahl, WSBA #27619
1201 Third Avenue, Suite 2200
Seattle, WA 98101-3045
Telephone: [phone]
Fax: [phone]
E-mail: [e-mail]
Emily Chiang, WSBA #50517
American Civil Liberties Union of
Washington Foundation
901 Fourth Avenue, #630
Seattle, WA 98164
Email: [e-mail]
Attorneys for Plaintiffs
American Civil Liberties Union of
Washington, American Civil Liberties
Union of Montana, and American Civil
Liberties Union of North Dakota

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ORDER
(C17-00562-MJP) - 3

By /s/Jason Lee____________
Jason Lee
United States Department of Justice
Civil Division, Federal Programs Branch
20 Massachusetts Avenue NW
Washington, DC 20530
Tel.: [phone]
Fax: [phone]
Email: [e-mail]
CHAD A. READLER
Acting Assistant Attorney General
ELIZABETH J. SHAPIRO
Deputy Director, Federal Programs Branch
Attorney for Defendants
U.S. Department of Homeland Security and U.S.
Customs and Border Protection

CERTIFICATE OF ELECTRONIC SERVICE
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I hereby certify that on October 19th, 2017, I electronically filed the foregoing

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document with the Clerk of the Court using the CM/ECF system, which will send notification

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of such filing to the attorneys of record registered on the CM/ECF system. All other parties (if

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any) shall be served in accordance with the Federal Rules of Civil Procedure.

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DATED this 19th day of October, 2017.

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/s/Eric M. Stahl
Eric M. Stahl, WSBA #27619

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ORDER
(C17-00562-MJP) - 4