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Case TitlePhillips v. Immigration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2003cv01721
Date Filed2003-03-12
Date Closed2005-02-17
JudgeJudge Richard J. Holwell
PlaintiffJoshua Phillips
DefendantImmigration and Customs Enforcement
formerly known as Immigration and Naturalization Service
Documents
Docket
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Docket Events (Hide)
Date FiledDoc #Docket Text

2003-03-121COMPLAINT filed. Summons issued and Notice pursuant to 28 U.S.C. 636(c). FILING FEE $ 150.00 RECEIPT # 467039. (jol) (Entered: 03/13/2003)
2003-03-12Magistrate Judge Gabriel W. Gorenstein is so designated. (jol) (Entered: 03/13/2003)
2003-04-032ORDER, Counsel are directed to appear in courtroom 23A on 4/25/03 at 11:00 a.m. for an initial case management conference . ( signed by Judge Sidney H. Stein ); Copies mailed by Chambers. (sb) (Entered: 04/04/2003)
2003-04-153Memo-Endorsement on letter addressed to Judge Stein from Michael R. Holden, dated 4/9/03: Grantingi the Government's request for extension of time to file an answer or motion in response to the complaint until 5/29/03 ; The pretrial conference is adjourned for 10:00 a.m. on 5/30/03 . ( signed by Judge Sidney H. Stein ). (tp) (Entered: 04/17/2003)
2003-05-295ANSWER to Complaint by Immigration (Attorney Michael Ross Holden). (moc) (Entered: 06/04/2003)
2003-06-024ORDER, Defendant's motion for summary judgment is due on or before 8/29/03, the opposition is due on or before 9/30/03 and the reply is due on or before 10/15/03. ( signed by Judge Sidney H. Stein ) (sb) (Entered: 06/03/2003)
2003-07-24CASHIER'S OFFICE REMARK on endorsed consent motion for David C. Vladeck appear pro hac vice in the amount of $25.00 paid on 7/24/03 Receipt # 480399. (sb) (Entered: 07/28/2003)
2003-07-286NOTICE of attorney appearance for Joshua Phillips by David C. Vladeck. (dle) (Entered: 07/31/2003)
2003-08-267Memo-Endorsement on letter addressed to Judge Stein from Michael R. Holden, dated 8/20/03. Defendant time to submit a motion for summary judgment is extended until 9/29/03; response by 10/31/03; and reply by 11/17/03 . ( signed by Judge Sidney H. Stein ); (kw) (Entered: 08/28/2003)
2003-09-258Memo-Endorsement on letter addressed to Judge Sein from Michael R. Holden, dated 09/24/03; reset scheduling order deadlines: Deadline for filing of summary judgment motions by 10/20/03; Plaintiff's Response to motion deadline 11/20/03; Defendant's Reply to response to motion deadline 12/3/03 ; ( signed by Judge Sidney H. Stein ); (djc) (Entered: 09/29/2003)
2003-10-239Memo-Endorsement on letter addressed to Judge Stein from Michael R. Holden, dated 10/14/03; reset dft's summary judgment motion by 11/3/03; plaintiff's response to motion deadline 12/3/03; dft's reply to response to motion deadline 12/17/03; no further adjournments of govt's time . ( signed by Judge Sidney H. Stein ); (pl) Modified on 10/29/2003 (Entered: 10/27/2003)
2003-11-0310Memo-Endorsement on letter addressed to Judge Stein from Michael R. Holden, dated 10/29/03; Re: dft. request the Court permission to submit a memorandum of law up to 60 pages in length in support of its motion for summary judgment; Gov't and responding memos may be up to 50 pages . ( signed by Judge Sidney H. Stein ); (pl) (Entered: 11/05/2003)
2003-12-0511ENDORSED LETTER addressed to Judge Sidney H. Stein from David C. Vladeck dated 12/1/03; Re: plaintiff's opposition papers on or before 1/9/04; the government's reply on or before 1/30/04. (Signed by Judge Sidney H. Stein on 12/4/03) (sac, ) (Entered: 12/20/2003)
2003-12-1812NOTICE OF CASE REASSIGNMENT to Judge Richard J. Holwell. Judge Sidney H. Stein no longer assigned to the case. (jjm, ) (Entered: 01/06/2004)
2004-01-06Mailed notice to the attorney(s) of record. (jjm, ) (Entered: 01/06/2004)
2004-01-0913MOTION for Summary Judgment. Document filed by Joshua Phillips. (sac, ) (Entered: 01/13/2004)
2004-01-0914MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment ; and, in opposition to Defendant's Motion for Summary Judgment. Document filed by Joshua Phillips. (sac, ) (Entered: 01/13/2004)
2004-01-0915RULE 56.1 STATEMENT. Document filed by Joshua Phillips. (sac, ) (Entered: 01/13/2004)
2004-01-1216ENDORSED LETTER addressed to Judge Sidney Stein from David C. Vladeck dated 1/7/04 re: granting counsel for plaintiff's request to submit a memorandum of law up to 45 pages in length. (Signed by Judge Sidney H. Stein on 1/8/04) (dle, ) (Entered: 01/22/2004)
2004-02-2017CERTIFICATE OF SERVICE of Memo-Endoresed Letter dated 2/18/04 served on Joshua Phillips on 2/19/04. Service was made by facsimile. Document filed by Joshua Phillips. (yv, ) (Entered: 02/24/2004)
2004-02-2018ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael R. Holden dated 2/18/04 re: Counsel writes to request an expansion of the Court's page limit up to 30 pages for its brief. Application Granted. So Ordered. (Signed by Judge Richard J. Holwell on 2/19/04) (jco, ) (Entered: 02/24/2004)
2004-02-2319MOTION for Summary Judgment in favor of deft. (NDB). Document filed by Immigration and Customs Enforcement. (pa, ) (Entered: 02/25/2004)
2004-02-2320RESPONSE to pltffs Rule 56.1 Statement..(NDB) Document filed by Immigration and Customs Enforcement. (pa, ) (Entered: 02/25/2004)
2004-02-2321DECLARATION of Ave M. Sloane to describe the search for records conducted by the INS and its successors within the DHS, including ICE,in response to certain requests....(NDB). Document filed by Immigration and Customs Enforcement. (pa, ) (Entered: 02/25/2004)
2004-02-2322SUPPLEMENTAL DECLARATION of Ave M. Sloane to further explain the basis for the agency's decision to withhold certain records sought by pltff...(NDB). Document filed by Immigration and Customs Enforcement. (pa, ) (Entered: 02/25/2004)
2004-02-2323MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment and in opposition to pltffs cross-motion for summ. judgt. (NDB).. Document filed by Immigration and Customs Enforcement. (pa, ) (Entered: 02/25/2004)
2004-02-2324MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment. (NDB). Document filed by Immigration and Customs Enforcement. (pa, ) (Entered: 02/25/2004)
2004-03-1025ENDORSED LETTER addressed to Judge Holwell from David C. Vladeck dated 3/4/04 re: Granting plaintiff's request for extension of time until 3/19/04 to submit his reply papers to the motion for summary judgment. (Signed by Judge Richard J. Holwell on 3/8/04) (tp, ) (Entered: 03/16/2004)
2004-03-1926PLAINTIFF'S REPLY MEMORANDUM OF LAW in Support re: 13 MOTION for Summary Judgment. Document filed by Joshua Phillips. (rw, ) (Entered: 03/23/2004)
2004-05-1827SCHEDULING ORDER: Telephone Conference set for 5/18/2004 11:00 AM before Richard J. Holwell. (Signed by Judge Richard J. Holwell on 5/17/2004) (jsa, ) (Entered: 05/19/2004)
2004-05-18Minute Entry for proceedings held before Judge Richard J. Holwell : Status/Tele Conference held on 5/18/2004, Telephone Conference held on 5/18/2004. (djc, ) (Entered: 05/19/2004)
2004-05-1928ORDER: a telephonic conference was held in this matter on Tuesday, 5/18/04 at 11:00 A.M., during the Court, in the interest of judicial efficiency, directed defendant promptly to produce copies of the documents presently at issue in the case to the Court for in camera review. (Signed by Judge Richard J. Holwell on 5/19/04) (sac, ) (Entered: 05/21/2004)
2005-02-1429MEMORANDUM AND OPINION # 91227 that for the reasons set forth in this opinion plaintiff's motion for summary judgment is granted in part and denied in part and dft's cross motion for summary judgment is granted in part and denied in part. The clerk of the court is directed to enter judgment in accordance with this opinion and to close this case. (Signed by Judge Richard J. Holwell on 2/10/05) (dle, ) (Entered: 02/14/2005)
2005-02-14Transmission to Judgments and Orders Clerk. Transmitted re: 29 Memorandum & Opinion,, to the Judgments and Orders Clerk for preparation of Judgment. (dle, ) (Entered: 02/14/2005)
2005-02-1730CLERK'S JUDGMENT That for the reasons stated in the Court's Memorandum Opinion (91227) and Order dated February 10, 2005, plaintiff?s motion for summary judgment is granted in part and denied in part and defendant?s cross-motion for summary judgment is granted in part and denied in part; accordingly, the case is closed. (Signed by J. Michael McMahon, clerk on 2/17/05) (ml, ) (Entered: 02/17/2005)
2005-03-0131MOTION for an order, awarding plaintiff his Attorney Fees and costs pursuant to the Freedom of Information Act, 5 U.S.C. 552(a)(4)(E). Document filed by Joshua Phillips. (sac, ) (Entered: 03/08/2005)
2005-03-0132MEMORANDUM OF LAW in Support re: 31 MOTION for Attorney Fees. Document filed by Joshua Phillips. (sac, ) (Entered: 03/08/2005)
2005-03-02Mailed notice of Right to Appeal re: 30 Clerk's Judgment, and to Attorney(s) of Record: Michael Ross Holden, Debra L. Raskin, David C. Vladeck. (lma, ) (Entered: 03/07/2005)
2005-03-2433STIPULATION AND ORDERWhereas, on 2/17/2005, this Court entered judgment in the above-captioned Freedom of Information action in accordance with a Memorandum Opinion and Order filed on 2/14/2005, providing for the disclosure by the defendant of certain records or portions thereof( "disclosure obligation"); Now, therefore, it is hereby stipulated and agreed, by and between the parties, that the defendant's disclosure obligation is hereby stayed pending consideration by the Government of whether an appeal is warranted, and, further, that such stay shall remain in effect duding the pendency of any appeal from the above referenced judgment, provided that the defendant files a notice of appeal on or before 4/18/2005. (Signed by Judge Richard J. Holwell on 3/21/2005) copy faxed to counsel for plaintiff by chambers.(jsa, ) (Entered: 03/25/2005)
2005-08-0434ENDORSED LETTER addressed to Judge Holwell from David Vladeck dated 7/12/05: granting request that the plntf file his full motion for atty's fees on or before 8/24; govt opposition by 9/7; plntf reply by 9/21/05. (Signed by Judge Richard J. Holwell on 7/24/05) copies sent by chambers.(cd, ) (Entered: 08/09/2005)
2005-08-2435MEMORANDUM OF LAW in Support re: 31 MOTION for Attorney Fees.. Document filed by Joshua Phillips. (jma, ) (Entered: 08/29/2005)
2005-08-2436DECLARATION of Award of Attorney's Fees and Litigation Costs in Support re: 31 MOTION for Attorney Fees.. Document filed by Joshua Phillips. (jma, ) (Entered: 08/29/2005)
2005-09-1237ENDORSED LETTER addressed to Judge Richard J. Holwell from Michael R. Holden dated 9/2/2005 re: defendant's counsel is requesting that the time to submit the Government's opposition papers be extended 10 days to 9/19/2005 and that the time for plaintiff to file his reply be extended commensurately, to 10/3/. ENDORSEMENT: Application granted in part. Opposition papers to be filed by 9/19/2005; Reply papers to be filed on 9/26/2005. If the matter is not settled, a conference shall be held on September 28 at 2:30 p.m. (Signed by Judge Richard J. Holwell on 9/8/2005) Copies Faxed By Chambers.(lb, ) (Entered: 09/13/2005)
2005-09-2938STIPULATION AND ORDER REGARDING COSTS, FEES AND DISMISSAL with prejudice and without costs; the US will pay the Institute #10,000.... (Signed by Judge Richard J. Holwell on 9/27/05) (jf, ) (Entered: 09/30/2005)
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by FOIA Project Staff