Case 2:17-cv-00094-RAJ Document 130 Filed 03/09/18 Page 1 of 5 1 The Honorable Richard A. Jones 2 3 4 5 6 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE 7 8 9 10 ABDIQAFAR WAGAFE, et al., Plaintiffs, 11 12 v. 13 DONALD TRUMP, President of the United States, et al., 14 No. 2:17-cv-00094-RAJ DEFENDANTS’ STATUS REPORT ON COURT’S ORDER ON LCR 37 SUBMISSION REGARDING REQUESTS FOR PRODUCTION NOS. 23 & 24 Defendants. 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Defendants, by and through undersigned counsel, submit this status report to update the Court on developments since the status report Defendants submitted on February 23, 2018, ECF No. 124. 1. Search and Collection Status. Department of Justice has uploaded into the review platform all documents potentially responsive to RFP Nos. 23 and 24 chronicled in the February 23, 2018 status report, ECF No. 124: (1) all Defendant U.S. Citizenship and Immigration Services (“USCIS”) potentially responsive documents maintained on unclassified systems; and, (2) Defendant Department of Homeland Security (“DHS”) potentially responsive documents maintained on unclassified systems, with the exception of two non-custodial sources and named custodian individual network drives and hard drives. Defendant DHS is completing the collection and search of one of the non-custodial sources and custodian individual network drives and hard drives and is determining the burden associated with searching the remaining non-custodial source. At present, for RFPs Nos. 23 and 24 and Plaintiffs’ Second RFPs, 452,165 DEFENDANTS’ STATUS REPORT - 1 (2:17-cv-00094-RAJ) UNITED STATES DEPARTMENT OF JUSTICE Civil Division, Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Washington, DC 20044 (202) 616-9131 Case 2:17-cv-00094-RAJ Document 130 Filed 03/09/18 Page 2 of 5 1 documents have been uploaded into the review platform that require resposiveness and privilege 2 review, and, through technology assisted review, Defendants, for the remainder of Plaintiffs First 3 RFPs, have identified 82,493 documents that require privilege review. See Declaration of Joseph 4 F. Carilli, Jr. (Mar. 9, 2018), ¶ 4 (attached hereto as Ex. 1). Because technology assisted review 5 is not complete, Defendants, for the remainder of Plaintiffs First RFPs, expect the number of 6 documents requiring privilege review to increase. See id. 7 2. Production Timeline. For the reasons mentioned in Defendants February 16, 8 2018 status report, Defendants remain unable to guarantee, in good faith, that they could comply 9 with the discovery schedule proposed by Plaintiffs, as Defendants do not believe it is possible to 10 meet those deadlines. Additionally, Defendants are unable at this time to propose an alternate 11 production schedule, but continue to expect, as they said in their February 16, 2018 status report, 12 that to complete the review and production of all currently outstanding discovery will take at 13 least six months. Defendants continue to explore various options, including seeking contract 14 support to expedite the review and production of documents in this case, and will do their utmost 15 to comply with any orders of this Court, to the best of their ability. Presently, Defendant USCIS 16 has dedicated 18 legal professionals to complete (a) the privilege review of the documents 17 responsive to Plaintiffs’ First Set of RFPs (minus RFPs Nos. 23 and 24) that were subjected to 18 technology assisted review, and (b) the responsiveness and privilege review of the documents 19 responsive to RFPs No. 23 and 24 and Plaintiffs’ Second Set of RFPs. Declaration of Stephen P. 20 Bell, Jr. (Mar. 9, 2018), ¶ 5 (attached hereto as Ex. 2). 21 3. Defendants reserve the right to raise any objections to discovery, or seek any 22 appropriate relief available, under the Federal Rules of Civil Procedure. Defendants also do not 23 waive their ability to seek further review of this Court’s discovery orders, or reconsideration 24 should circumstances change. 25 26 27 28 DEFENDANTS’ STATUS REPORT - 2 (2:17-cv-00094-RAJ) UNITED STATES DEPARTMENT OF JUSTICE Civil Division, Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Washington, DC 20044 (202) 616-9131 Case 2:17-cv-00094-RAJ Document 130 Filed 03/09/18 Page 3 of 5 1 2 3 4 5 6 7 8 Dated: March 9, 2018 Respectfully submitted, CHAD A. READLER Acting Assistant Attorney General /s/ Edward S. White EDWARD S. WHITE Senior Litigation Counsel, National Security & Affirmative Litigation Unit District Court Section Office of Immigration Litigation U.S. Department of Justice P.O. Box 868, Ben Franklin Station Washington, D.C. 20044-0868 Tel: (202) 616-9131 Fax: (202) 305-7000 Email: edward.s.white@usdoj.gov WILLIAM C. PEACHEY Director, District Court Section Office of Immigration Litigation TIMOTHY M. BELSAN Deputy Chief, National Security & Affirmative Litigation Unit 9 10 AARON R. PETTY Trial Attorney, National Security & Affirmative Litigation Unit 11 12 13 JOSEPH F. CARILLI, JR. Trial Attorney, National Security & Affirmative Litigation Unit Counsel for Defendants 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 DEFENDANTS’ STATUS REPORT - 3 (2:17-cv-00094-RAJ) UNITED STATES DEPARTMENT OF JUSTICE Civil Division, Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Washington, DC 20044 (202) 616-9131 Case 2:17-cv-00094-RAJ Document 130 Filed 03/09/18 Page 4 of 5 1 2 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on March 9, 2018, I electronically filed the foregoing with the 3 Clerk of the Court using the CM/ECF system, which will send notification of such filing to the 4 following CM/ECF participants: 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 Harry H. Schneider, Jr., Esq. Nicholas P. Gellert, Esq. David A. Perez, Esq. Laura Hennessey, Esq. Perkins Coie L.L.P. 1201 Third Ave., Ste. 4800 Seattle, WA 98101-3099 PH: 359-8000 FX: 359-9000 Email: HSchneider@perkinscoie.com Email: NGellert@perkinscoie.com Email: DPerez@perkinscoie.com Email: KReddy@perkinscoie.com Matt Adams, Esq. Glenda M. Aldana Madrid, Esq. Northwest Immigrant Rights Project 615 Second Ave., Ste. 400 Seattle, WA 98104 PH: 957-8611 FX: 587-4025 E-mail: matt@nwirp.org E-mail: glenda@nwirp.org Emily Chiang, Esq. ACLU of Washington Foundation 901 Fifth Avenue, Suite 630 Seattle, WA 98164 Telephone: (206) 624-2184 E-mail: Echiang@aclu-wa.org Jennifer Pasquarella, Esq. ACLU Foundation of Southern California 1313 W. 8th Street Los Angeles, CA 90017 Telephone: (213) 977-5211 Facsimile: (213) 997-5297 E-mail: jpasquarella@aclusocal.org 28 DEFENDANTS’ STATUS REPORT - 4 (2:17-cv-00094-RAJ) UNITED STATES DEPARTMENT OF JUSTICE Civil Division, Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Washington, DC 20044 (202) 616-9131 Case 2:17-cv-00094-RAJ Document 130 Filed 03/09/18 Page 5 of 5 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 Stacy Tolchin, Esq. Law Offices of Stacy Tolchin 634 S. Spring St. Suite 500A Los Angeles, CA 90014 Telephone: (213) 622-7450 Facsimile: (213) 622-7233 E-mail: Stacy@tolchinimmigration.com Trina Realmuto, Esq. Kristin Macleod-Ball, Esq. American Immigration Council 100 summer Street, 23rd Floor Boston, MA 02110 Telephone: (857) 305-3600 E-mail: trealmuto@immcouncil.org E-mail: Kmacleod@immcouncil.org Hugh Handeyside, Esq. Lee Gelernt, Esq. Hina Shamsi, Esq. American Civil Liberties Union Foundation 125 Broad Street New York, NY 10004 Telephone: (212) 549-2616 Facsimile: (212) 549-2654 E-mail: lgelernt@aclu.org E-mail: hhandeyside@aclu.org E-mail: hshamsi@aclu.org 18 /s/ Edward S. White EDWARD S. WHITE Senior Litigation Counsel, National Security & Affirmative Litigation Unit 19 20 21 22 23 24 25 26 27 28 DEFENDANTS’ STATUS REPORT - 5 (2:17-cv-00094-RAJ) UNITED STATES DEPARTMENT OF JUSTICE Civil Division, Office of Immigration Litigation District Court Section Ben Franklin Station, P.O. Box 868 Washington, DC 20044 (202) 616-9131 Case Document 130-1 Filed 03/09/18 Page 1 of 3 Eh?tl Case Document 130-1 Filed 03/09/18 Page 2 of 3 The Honorable Richard A. Jones UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ABDIQAFAR WAGAFE, et al., Plaintiffs, NO. DECLARATION OF JOSEPH F. DONALD TRUMP. President of the JR- United States, et a1., Defendants. 1, Joseph F. Carilli, Jr., counsel for Respondents hereby declare and state the following: 1. I am a member of the State Bar of New Hampshire. I am employed as a Trial Attorney at US. Department of Justice, Civil Division, Office of Immigration Litigation, District Court Section. I have personal knowledge of the events described therein, and could testify to them if called to do so. 2. I represent Defendants in the above captioned case. 3. I am responsible for overseeing the production of documents in the above captioned case, to include overseeing the upload of documents into the review platform, and the completion Of technology assisted review I have reviewed the contents of the review database. 4. 1,561.818 documents have been uploaded into the database. DECLARATION OF JOSEPH F. JR. 1 Case Document 130-1 Filed 03/09/18 Page 3 of 3 Dated: March 9, 2018 452,165 documents have been uploaded pursuant to Plaintiffs? Requests for Production No. 23 and 24 and Plaintiffs? Second Requests for Production to Defendants. 1,109,653 documents have been uploaded pursuant to Plaintiffs? First Requests for Production (minus RFP No. 23 and 24). Of these 1,109,653 documents, Defendants have subjected or will subject 1,094,799 documents to TAR to determine responsiveness. Although the TAR has not been completed, thus far, using TAR, Defendants have identi?ed 82,493 documents as responsive. Defendants have completed or will complete a linear responsiveness and privilege review of the remaining 14,854 documents that were not subjected to TAR. N.H. Bar Identi?cation No. 15311 Trial Attorney United States Department of Justice Civil Division Of?ce of Immigration Litigation District Court Section PO. Box 868, Ben Franklin Station Washington, DC. 20044 Telephone: (202) 616-4848 DECLARATION OF JOSEPH F. JR. - 2 (2: Case Document 130-2 Filed 03/09/18 Page 1 of 3 13111112 ?sumCase Document 130-2 Filed 03/09/18 Page 2 of 3 The Honorable Richard A. Jones UNITED STATES DISTRICT COURT WESTERN DISTRICT OF WASHINGTON AT SEATTLE ABDIQAFAR WAGAFE, et a1., Plaintiffs, V. TRUMP, et al., Defendants. N0. 2: l7-cv-00094-RAJ DECLARATION OF STEPHEN P. BELL, JR. 1, Stephen P. Bell, Jr. do hereby declare and say: 1. I am the Chief of Staff of the Of?ce of the Chief Counsel United States Citizenship and Immigration Services Department of Homeland Security UNITED STATES OF JUSTICE DECLARATION OF STEPHEN P. BELL 1 (2: 3&2868 DC 200:: (202)532-4542 . Case Document 130-2 Filed 03/09/18 Page 3 of 3 2. As the Chief of Staff, I am responsible for overseeing staf?ng and personnel allocations Within USCIS OC C. 3. After consideration of information available to me in my capacity as USCIS Chief of Staff, the matters contained in this declaration are based upon my understanding of the case of Wagafe, et al., v. Trump, et al., Case No. in the United States District Court for the Western District of Washington. 4. USCIS OCC continues to explore various options, including seeking contract support, to expedite the document review and production of documents in this case, and will do its utmost to comply with any orders of this Court, to the best of their ability. 5. USCIS OCC has currently assigned 18 legal professionals to assist with document review in this litigation. Of these individuals, eleven are currently dedicating 10-40 hours a week on average to document review. The other seven will dedicate a similar number of hours to document review after obtaining access to review platfomi and receiving appropriate training, which will be completed . 612% . Executed this day of March, 2018 at Washington, DC. Ware Stephen?P Bell, Jr Chief of Staff, Of?ce of the Chief Counsel US. Citizenship and Immigration Service Washington, DC. i UNITED STATES 0F DECLARATION OF STEPHEN ELL 2 Divislmt. Of?ce Llugaucu'l Distn'cl Com: Section BmFm?klin 5mm. ashington. DC 20044 (202: 532?1542