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Case TitleDetention Watch Network et al v. United States Immigration and Customs Enforcement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv00583
Date Filed2014-01-30
Date Closed2017-10-31
JudgeJudge Lorna G. Schofield
PlaintiffDetention Watch Network
PlaintiffCenter for Constitutional Rights
Case DescriptionDetention Watch Network submitted a request to Immigration and Customs Enforcement for records concerning a policy known as the Detention Bed Quota. Detention Watch Network requested expedited processing and a fee waiver. The agency indicated that it would need extra time to process the request, but would do so as expeditiously as possible. Another letter indicated that Detention Watch Network had not described the records it sought with enough specificity for the agency to conduct a search and that if DWN did not respond within 10 days its request would be administratively closed. DWN responded to ICE's query, which the agency characterized as an appeal. Although the agency later said the subsequent letter from DWN was not an appeal, DWN heard nothing further from the agency and filed suit.
Complaint issues: adequacy of search, expedited search, expedited processing, enjoin agency from assessing fees, disclosure of non-exempt records, attorney's fees

DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Department of Homeland Security
DefendantCorrections Corporation of America
DefendantADR Provider
The GEO Group, Inc.
AppealSecond Circuit 16-3141
AppealSecond Circuit 16-3362
AppealSecond Circuit 16-4091
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [123]
FOIA Project Annotation: A federal court in New York has ruled that bed-day rates and staffing plans for detention facilities run by private contractors on behalf of U.S. Immigration and Customs Enforcement are not protected by either Exemption 4 (confidential business information) or Exemption 7(E) (investigative methods and techniques) and must be disclosed in response to a request from the Detention Watch Network and the Center for Constitutional Rights. Since 2009, Congress has appropriated money to ICE conditioned on maintaining 34,000 detention beds per day. In response to Detention Watch Network's request, ICE withheld bed-day rates and staffing plans for private contractors under Exemption 4. The court found that under Second Circuit case law, the bed-day rates were not "obtained from a person" as required under Exemption 4. The court noted that "plaintiffs do not seek the initial bid documents, they seek documents that show the ultimate terms of the government contracts, including the contracts themselves, The terms of those contractors are not 'obtained from' the contractors." The court added that "even if the bed-day rates and unit prices were not negotiated but merely adopted. . .the contracts and their terms did not come into existence until each party to the contractâ€"the private party and the Governmentâ€"took 'executive action' to enter into the contract." The court found the bed-day rates were also not confidential. The court indicated that "merely showing that competition exists or that contractors may face greater competition is inadequate to show that the information is confidential." Dismissing the agency's claims of competition, the court noted that "the record shows a limited competitive market for detention services and does not show that prices, or more importantly, profit, could be derived with the specificity needed to meet Defendants' burden of showing competitive harm." The agency argued that competitors could reverse-engineer the pricing structure of companies with current contracts. The court found that unlikely because pricing structures would vary based on the geographic location of a detention center. The court pointed out that "while a detailed staffing plan may aid in estimating past labor costs at one facility, it is unclear how helpful that information would be in bidding on a future contract, possibly in a different geographical location, in the midst of an ever-changing labor market." The court indicated that there was a significant public interest in knowing the price paid by the government for services. The court observed that "at issue in this case is the disclosure of financial information underlying government policy regarding immigration detention and incarceration, a controversial area of public debate where the public has the right to be informed." The court rejected the agency's claim that the staffing plans were investigative records protected by Exemption 7(E). The court noted that "the Government does not even attempt to show what investigations or prosecutions are occurring within the detention centers or how a staffing plan constitutes a technique or procedure used for law enforcement investigations or prosecutions."
Issues: Exemption 4 - Competitive harm, Exemption 4 - Obtained from a person, Exemption 7(E) - Investigative methods or techniques
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-301COMPLAINT against United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Filing Fee $ 350.00, Receipt Number 465401086767)Document filed by Detention Watch Network, Center for Constitutional Rights.(js) (Additional attachment(s) added on 2/7/2014: # 1 Complaint Part 1, # 2 Complaint Part 2) (ca). (Entered: 01/31/2014)
2014-01-30SUMMONS ISSUED as to United States Department of Homeland Security, United States Immigration and Customs Enforcement. (js) (Entered: 01/31/2014)
2014-01-30CASE REFERRED TO Judge Shira A. Scheindlin as possibly similar to 10-cv-3488. (laq) (Entered: 02/07/2014)
2014-01-30Case Designated ECF. (laq) (Entered: 02/07/2014)
2014-01-304CIVIL COVER SHEET filed. (laq) (Entered: 02/07/2014)
2014-01-30***NOTICE TO ATTORNEY TO SUBMIT RELATED CASE STATEMENT. Notice to Attorney Ghita Schwarz, for noncompliance with Local Civil Rule 13 of the Rules for the Division of Business Among Judges. Attorney must submit Related Case Statement for filing. Send a hard copy of the Related Case Statement form to: Clerk's Office, Finance Unit, 500 Pearl Street, Room 120, New York, NY 10007 and send a PDF of the Related Case Statement form to caseopenings@nysd.uscourts.gov . (laq) (Entered: 02/07/2014)
2014-02-042NOTICE OF CHANGE OF ADDRESS by Ghita Schwarz on behalf of Center for Constitutional Rights, Detention Watch Network. New Address: Center for Constitutional Rights, 666 Broadway, Floor 7, New York, NY, United States 10012, 212-614-6445. (Schwarz, Ghita) (Entered: 02/04/2014)
2014-02-053AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Homeland Security served on 1/31/2014, answer due 2/21/2014; United States Immigration and Customs Enforcement served on 1/31/2014, answer due 2/21/2014. Service was accepted by Eddie Rosado, Clerk. Service was made by MAIL. Document filed by Detention Watch Network; Center for Constitutional Rights. (Schwarz, Ghita) (Entered: 02/05/2014)
2014-02-075NOTICE of Related Case Statement re: Notice to Attorney to Submit Related Case Statement,, 4 Civil Cover Sheet. Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 02/07/2014)
2014-02-07NOTICE OF CASE ASSIGNMENT to Judge Lorna G. Schofield. Judge Unassigned is no longer assigned to the case. (pgu) (Entered: 02/07/2014)
2014-02-07Magistrate Judge Ronald L. Ellis is so designated. (pgu) (Entered: 02/07/2014)
2014-02-116MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests . Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 02/11/2014)
2014-02-117MEMORANDUM OF LAW in Support re: 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 02/11/2014)
2014-02-118DECLARATION of Ghita Schwarz in Support re: 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Plaintiffs' FOIA Request, # 2 Letters from ICE, # 3 Plaintiffs' Letter to ICE, # 4 Letter from ICE, # 5 Letter from ICE, # 6 Affidavit Declaration of S. Shah, # 7 Affidavit Declaration of B. Libal, # 8 Washington Post News Article, # 9 Bloomberg News Article, # 10 Letter from 65 Legislators to President Obama, # 11 Associated Press News Article, # 12 Excerpt from Transcript of House Judiciary Committee Hearing, # 13 New York Daily News Op-Ed, # 14 New York Times Editorial, # 15 Letter from 131 NGOs to White House and Congress)(Schwarz, Ghita) (Entered: 02/11/2014)
2014-02-129NOTICE OF APPEARANCE by Natalie Nancy Kuehler on behalf of United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Kuehler, Natalie) (Entered: 02/12/2014)
2014-02-1210ORDER: WHEREAS on February 11, 2014, Plaintiffs filed a motion for a preliminary injunction compelling Defendants to produce records responsive to Plaintiffs' FOIA requests; it is hereby ORDERED that Defendants' opposition to this motion, if any, is to be filed by March 4, 2014, and Plaintiffs' reply, if any, is to be filed by March 14, 2014., ( Responses due by 3/4/2014., Replies due by 3/14/2014.) (Signed by Judge Lorna G. Schofield on 2/12/2014) (lmb) (Entered: 02/13/2014)
2014-03-0311FIRST LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests . addressed to Judge Lorna G. Schofield from AUSA Natalie N. Kuehler dated March 3, 2013., FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 1 Complaint, 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests . addressed to Judge Lorna G. Schofield from AUSA Natalie N. Kuehler dated March 3, 2013. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Kuehler, Natalie) (Entered: 03/03/2014)
2014-03-0512ORDER granting 11 Letter Motion for Extension of Time to Answer & granting 11 Letter Motion for Extension of Time to File Response/Reply re 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests : APPLICATION GRANTED. The Government's deadline for filing its opposition to the motion for a preliminary injunction is hereby extended to March 5, 2014. The Government's deadline for responding to the Complaint is hereby extended to March 5, 2014. (United States Department of Homeland Security answer due 3/5/2014; United States Immigration and Customs Enforcement answer due 3/5/2014; Responses due by 3/5/2014) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 03/05/2014)
2014-03-0513MOTION to Dismiss the Complaint for lack of subject matter jurisdiction or, on the alternative, for failure to state a claim . Document filed by United States Department of Homeland Security. Responses due by 3/19/2014(Kuehler, Natalie) (Entered: 03/05/2014)
2014-03-0514MEMORANDUM OF LAW in Support re: 13 MOTION to Dismiss the Complaint for lack of subject matter jurisdiction or, on the alternative, for failure to state a claim .. Document filed by United States Department of Homeland Security. (Kuehler, Natalie) (Entered: 03/05/2014)
2014-03-0515DECLARATION of James V.M.L. Holzer in Support re: 13 MOTION to Dismiss the Complaint for lack of subject matter jurisdiction or, on the alternative, for failure to state a claim .. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A - Plaintiffs' FOIA request to DHS, # 2 Exhibit B - DHS letter to Plaintiffs dated December 6, 2013, advising that Plaintiffs' FOIA request is defective)(Kuehler, Natalie) (Entered: 03/05/2014)
2014-03-0516ANSWER to 1 Complaint,. Document filed by United States Immigration and Customs Enforcement.(Kuehler, Natalie) (Entered: 03/05/2014)
2014-03-0517MEMORANDUM OF LAW in Opposition re: 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests .. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Kuehler, Natalie) (Entered: 03/05/2014)
2014-03-0518DECLARATION of Natalie N. Kuehler in Opposition re: 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests .. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - Part 1 - Declaration of Catrina Pavlik-Keenan and Exhibits 1-2, # 2 Exhibit A - Part 2 - Exhibits 3-7 to the Declaration of Catrina Pavlik-Keenan, # 3 Exhibit B - Declaration of James V.M.L. Holzer and Exhibits 1 and 2, # 4 Exhibit C - Joint Statement by DHS, ICE and TSA to the U.S. House of Representatives, # 5 Exhibit D - Written Testimony by DHS, ICE and TSA to the U.S. House of Representatives, # 6 Exhibit E - February 18, 2014, letter from AUSA Natalie Kuehler to Ghita Schwarz, # 7 Exhibit F - February 21, 2013, letter from Ghita Schwarz to AUSA Natalie Kuehler)(Kuehler, Natalie) (Entered: 03/05/2014)
2014-03-1119ORDER: WHEREAS on March 5, 2014, Defendant United States Department of Homeland Security filed a motion to dismiss the Complaint; it is hereby ORDERED that Plaintiffs' opposition to this motion, if any, is to be filed by March 26, 2014, and Defendants reply, if any, is to be filed by April 2, 2014. Responses due by 3/26/2014. Replies due by 4/2/2014. (Signed by Judge Lorna G. Schofield on 3/11/2014) (ft) (Entered: 03/12/2014)
2014-03-1420LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated March 14, 2014 re: Enlargement of Page Limit. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 03/14/2014)
2014-03-1421MEMO ENDORSEMENT on re: 20 Letter filed by Detention Watch Network, Center for Constitutional Rights. ENDORSEMENT: APPLICATION GRANTED. Plaintiffs are hereby permitted to file a 12 page reply memorandum of law. (Signed by Judge Lorna G. Schofield on 3/14/2014) (tn) (Entered: 03/14/2014)
2014-03-1422REPLY MEMORANDUM OF LAW in Support re: 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 03/14/2014)
2014-03-1423REPLY AFFIRMATION of Ghita Schwarz in Support re: 6 MOTION for Preliminary Injunction Compelling Defendants to Produce Records Responsive to Plaintiffs' FOIA Requests .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit, # 2 Affidavit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Schwarz, Ghita) (Entered: 03/14/2014)
2014-03-1424LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated March 14, 2014 re: Request for Oral Argument. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 03/14/2014)
2014-03-1425ORDER: Initial Pretrial Conference set for 4/2/2014 at 11:10 AM before Judge Lorna G. Schofield in Courtroom 1106 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York 10007. (Signed by Judge Lorna G. Schofield on 3/14/2014) (kgo) Modified on 3/17/2014 (kgo). (Entered: 03/17/2014)
2014-03-1826LETTER MOTION for Extension of Time of the Briefing Schedule on Defendant Department of Homeland Security's Motion to Dismiss addressed to Judge Lorna G. Schofield from AUSA Natalie N. Kuehler dated March 18, 2014. Document filed by United States Department of Homeland Security.(Kuehler, Natalie) (Entered: 03/18/2014)
2014-03-2027ORDER granting 26 Letter Motion for Extension of Time: APPLICATION GRANTED. The deadline for Plaintiffs to file their opposition to Defendant United States Department of Homeland Security's motion to dismiss is hereby extended to March 28, 2014. The deadline for Defendant to file its reply, if any, is hereby extended to April 8, 2014. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 03/20/2014)
2014-03-2828MEMORANDUM OF LAW in Opposition re: 13 MOTION to Dismiss the Complaint for lack of subject matter jurisdiction or, on the alternative, for failure to state a claim .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 03/28/2014)
2014-03-2829DECLARATION of GhitaSchwarz in Opposition re: 13 MOTION to Dismiss the Complaint for lack of subject matter jurisdiction or, on the alternative, for failure to state a claim .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Schwarz, Ghita) (Entered: 03/28/2014)
2014-03-3130LETTER MOTION to Adjourn Conference noticed for April 2, 2014, at 11:10 am addressed to Judge Lorna G. Schofield from AUSA Natalie N. Kuehler dated March 31, 2014. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Kuehler, Natalie) (Entered: 03/31/2014)
2014-04-0131ORDER granting 30 Letter Motion to Adjourn Conference: The initial pretrial conference scheduled for April 2, 2014, is hereby adjourned to April 11, 2014, at 10:50 a.m. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 04/01/2014)
2014-04-0732LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 04/07/2014 re: Withdrawal of DHS Motion to Dismiss. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 04/07/2014)
2014-04-0833ORDER: It is hereby ORDERED that the hearing in this matter, previously scheduled for April 14, 2014 at 10:50 a.m., shall be adjourned to April 21, 2014 at 11:30 a.m., due to a conflict in the Courts schedule. (Initial Conference set for 4/21/2014 at 11:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 04/08/2014) (jcs) (Entered: 04/09/2014)
2014-04-1734MEMO ENDORSEMENT on re: 32 Letter, filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. ENDORSEMENT: APPLICATION GRANTED. The Parties are directed to file a joint letter by April 17, 2014, advising the Court as to the status of Plaintiffs' motion for a preliminary injunction in light of the information provided in Defendants' letter of April 7, 2014. The Clerk of Court is directed to close the motion at Docket No. 13. (Signed by Judge Lorna G. Schofield on 4/17/2014) (kgo) (Entered: 04/17/2014)
2014-04-1735JOINT LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated April 17, 2014 re: Status of Motion for Preliminary Injunction. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit A: Letter from Plaintiffs to Government, # 2 Exhibit B: Letter from Plaintiffs to Government, # 3 Exhibit C: Letter: Letter from Government to Plaintiffs)(Schwarz, Ghita) (Entered: 04/17/2014)
2014-04-1836ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for April 21, 2014 at 11:30 a.m., shall be adjourned to April 30, 2014 at 11:40 a.m., due to a conflict in the Courts schedule. (Initial Conference set for 4/30/2014 at 11:40 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 04/18/2014) (jcs) (Entered: 04/18/2014)
2014-04-2237JOINT LETTER MOTION to Adjourn Conference addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 4/22/14. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 04/22/2014)
2014-04-2438ORDER granting 37 Letter Motion to Adjourn Conference: APPLICATION GRANTED. The initial pretrial conference is hereby adjourned to May 5, 2014, at 11:30 a.m (Initial Conference set for 5/5/2014 at 11:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 04/24/2014)
2014-05-0839ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for May 5, 2014 at 11:30 a.m., shall be rescheduled for May 13, 2014 at 10:30 a.m. SO ORDERED. (Initial Conference set for 5/13/2014 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 5/8/2014) (kgo) (Entered: 05/08/2014)
2014-05-13Minute Entry for proceedings held before Judge Lorna G. Schofield: Initial Pretrial Conference held on 5/13/2014. (jcs) (Entered: 05/15/2014)
2014-05-1640ORDER denying 6 Motion for Preliminary Injunction. It is hereby ORDERED that for the reasons stated at the conference, Plaintiffs' Motion is denied without prejudice to renewal at a later date; it is further ORDERED that Defendants shall produce documents subject to Plaintiff's FOIA requests on a rolling basis, with the first production due on June 15, 2014, and a further production on the 15th of each month thereafter until the documents have been produced in full; it is further ORDERED that Defendants shall file via ECF a status letter on the date of each production, to include the number of documents produced on that date and the anticipated number of documents to be produced in the subsequent production. Should Defendants fail to produce a satisfactory number of documents with each production, Plaintiffs are directed to request a conference with the Court immediately via letter motion on ECF. The Clerk of the Court is directed to close the motion at Docket No. 6. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/16/2014) (kgo) Modified on 5/16/2014 (kgo). (Entered: 05/16/2014)
2014-06-1641LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/16/14 re: Report re First DHS/ICE Production. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter)(Barnea, Jean-David) (Entered: 06/16/2014)
2014-06-1842LETTER MOTION for Conference re: 40 Order on Motion for Preliminary Injunction,,,, 41 Letter, addressed to Judge Lorna G. Schofield from Ghita Schwarz dated June 18, 2014. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit Order Requiring Production in NDLON v. ICE)(Schwarz, Ghita) (Entered: 06/18/2014)
2014-06-2043LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/20/14 re: Response to Plaintiffs' June 18 Letter. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 06/20/2014)
2014-06-2044ORDER granting in part 42 Letter Motion for Conference: APPLICATION GRANTED IN PART. The Parties are directed to appear for a telephonic conference on June 25, 2014, at 11:00 a.m. Defendants are directed to file a response, if any, no later than June 24, 2014. Defendants' response shall not exceed three (3) pages. Defendants shall cite in their response any similar cases or orders in the last 5 years, favorable or not, in the SDNY that are reasonably available or accessible. (Telephone Conference set for 6/25/2014 at 11:00 AM before Judge Lorna G. Schofield.) (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 06/20/2014)
2014-06-2345LETTER MOTION for Extension of Time to Adjourn Telephone Conference addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/23/14. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 06/23/2014)
2014-06-2446ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for June 25, 2014 at 11:00 a.m., shall be adjourned to June 26, 2014 at 11:45 a.m., due to a conflict in the Courts schedule.( Telephone Conference set for 6/26/2014 at 11:45 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 06/24/2014) (jcs) (Entered: 06/25/2014)
2014-06-26Minute Entry for proceedings held before Judge Lorna G. Schofield: Telephone Conference held on 6/26/2014. (Court Reporter Bill Richards) (jcs) (Entered: 07/01/2014)
2014-06-2747ORDER granting 45 Letter Motion for Extension of Time: APPLICATION GRANTED. The Parties shall appear for a telephone conference on June 26, 2014, at 11:45 a.m. (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (Schofield, Lorna) (Entered: 06/27/2014)
2014-07-0348ORDER: ORDERED that DHS either shall (a) review a minimum of 4,000 pages of documents per month; or (b) produce a minimum of 1,500 pages of responsive documents per month. In each monthly status letter to be submitted via ECF on the 15th of each month, as directed in the Court's Order of May 16, 2014 (Docket No. 40), DHS shall specify whether it has complied with category (a) or (b) above. It is further ORDERED that ICE shall produce a minimum of 1,200 pages of responsive documents per month; it is further ORDERED that for each monthly status letter, DHS and ICE each shall provide an estimation of the number of documents to be produced the following month and shall keep the Court fully apprised of the status of their respective document reviews. (Signed by Judge Lorna G. Schofield on 7/03/2014) (ama) (Entered: 07/03/2014)
2014-07-1549LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 7/15/14 re: July 2014 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 07/15/2014)
2014-08-1550LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 8/15/14 re: August 2014 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 ICE Cover Letter, # 2 DHS Cover Letter, # 3 DHS-OIG Cover Letter)(Barnea, Jean-David) (Entered: 08/15/2014)
2014-09-1751LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 9/17/14 re: September 2014 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 DHS-OIG Letter, # 3 ICE Letter)(Barnea, Jean-David) (Entered: 09/17/2014)
2014-10-2352LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 10/23/14 re: Status Report - Oct 2014. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 DHS-OIG Letter, # 3 ICE Letter)(Barnea, Jean-David) (Entered: 10/23/2014)
2014-11-1753LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 11/17/14 re: November 2014 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 DHS-OIG Letter, # 3 ICE Letter)(Barnea, Jean-David) (Entered: 11/17/2014)
2014-12-1554LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/15/14 re: December 2014 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 DHS-OIG Letter, # 3 ICE Letter)(Barnea, Jean-David) (Entered: 12/15/2014)
2015-01-1455NOTICE OF APPEARANCE by Jennifer Brooke Condon on behalf of Center for Constitutional Rights, Detention Watch Network. (Condon, Jennifer) (Entered: 01/14/2015)
2015-01-1556LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 1/15/15 re: January 2015 Agency Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 01/15/2015)
2015-02-1757LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 2/17/15 re: February 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 02/17/2015)
2015-03-1658LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 3/16/15 re: March 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 03/16/2015)
2015-04-1659LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 4/16/15 re: April 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 04/16/2015)
2015-05-1560LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 5/15/15 re: May 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 05/15/2015)
2015-06-1561LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/15/15 re: June 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 06/15/2015)
2015-07-1562LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 7/15/15 re: July 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 07/15/2015)
2015-08-2463LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 8/24/15 re: August 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 08/24/2015)
2015-09-1564LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 9/15/15 re: September 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 09/15/2015)
2015-10-1565LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 10/15/15 re: October 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 10/15/2015)
2015-10-3066FIRST LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated October 30, 2015 re: Joint Pre-Motion Request for Partial Summary Judgment Briefing. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 10/30/2015)
2015-11-0267MEMO ENDORSEMENT on re: 66 Letter, filed by Detention Watch Network, Center for Constitutional Rights. ENDORSEMENT: Application GRANTED. The pre-motion conference is scheduled for November 10, 2015, at 10:30 a.m. ( Pre-Motion Conference set for 11/10/2015 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 11/2/2015) (kgo) (Entered: 11/02/2015)
2015-11-0968ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for November 10, 2015 at 10:30 a.m., shall be adjourned for November 10, 2015 at 10:50 a.m., due to a conflict in the Court's schedule. Any parties not located within the metropolitan Tri-state area who wish to participate telephonically may request permission to do so by filing a letter motion on ECF and (if the motion is granted) convening with all parties on the line and calling into chambers at (212) 805-0288. Pre-Motion Conference set for 11/10/2015 at 10:50 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/9/2015) (kgo) (Entered: 11/09/2015)
2015-11-1069NOTICE of Filing Vaughn Index. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Sample Contract 1, # 2 Sample Contract 2, # 3 Sample Contract 3, # 4 Sample Contract 4, # 5 Sample Contract 5, # 6 Sample Contract 6)(Barnea, Jean-David) (Entered: 11/10/2015)
2015-11-1070SCHEDULING ORDER: WHEREAS, a conference was held on November 10, 2015; for the reasons stated at the conference, it is hereby ORDERED that Plaintiffs' motion for partial summary judgment challenging certain with holdings pursuant to Exemption (b)(4) shall be filed by November 17, 2015. The Government's response and/or cross-motion for partial summary judgment shall be filed by December 8, 2015. Plaintiffs' reply and/or opposition to the Government's partial summary judgment motion shall be filed by December 22, 2015. The Government's reply shall be filed by January 19, 2016. It is further ORDERED that each side is limited to 35 pages total for their memoranda of law filed in connection with these motions, for example, 25 pages for the opening brief and 10 pages for the reply. It is further ORDERED that the Government, being the last party to file, shall provide courtesy copies of all briefs to the Court in accordance with the Court's Individual Rule III.B.5. It is further ORDERED that the papers filed in connection with these motions shall otherwise comply with the Court's Individual Rules. Motions due by 11/17/2015. Cross Motions due by 12/8/2015. Responses due by 12/22/2015 Replies due by 1/19/2016. (Signed by Judge Lorna G. Schofield on 11/10/2015) (kgo) (Entered: 11/10/2015)
2015-11-1771LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 11/17/15 re: November 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 11/17/2015)
2015-11-1772NOTICE of Appearance of Student Attorney John Burns. Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 11/17/2015)
2015-11-1773NOTICE of Appearance of Student Attorney Anastasia Stylianou. Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 11/17/2015)
2015-11-1774MOTION for Partial Summary Judgment . Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 11/17/2015)
2015-11-1775MEMORANDUM OF LAW in Support re: 74 MOTION for Partial Summary Judgment . . Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Supplement Rule 56.1 Statement in Support of Motion for PSJ)(Schwarz, Ghita) (Entered: 11/17/2015)
2015-11-1776DECLARATION of Ghita Schwarz in Support re: 74 MOTION for Partial Summary Judgment .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12)(Schwarz, Ghita) (Entered: 11/17/2015)
2015-11-1877MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM for ANASTASIA STYLIANOU. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/17/2015) (kgo) (Entered: 11/18/2015)
2015-11-1878MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM for JOHN P. BURNS. ENDORSEMENT: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lorna G. Schofield on 11/18/2015) (kgo) (Entered: 11/18/2015)
2015-11-2479FIRST LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated November 24, 2015 re: Request for Additional Pages in Summary Judgment Briefing. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 11/24/2015)
2015-11-3080MEMO ENDORSEMENT on re: 79 Letter, filed by Detention Watch Network, Center for Constitutional Rights. ENDORSEMENT: Application GRANTED. The page limitation for both parties is hereby increased to 45 total pages. (Signed by Judge Lorna G. Schofield on 11/30/2015) (kgo) (Entered: 11/30/2015)
2015-12-0381LETTER MOTION for Extension of Time to File Response/Reply as to 74 MOTION for Partial Summary Judgment . addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/3/15. Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 12/03/2015)
2015-12-0482ORDER granting 81 Letter Motion for Extension of Time to File Response/Reply as to 74 MOTION for Partial Summary Judgment addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/3/15. Application GRANTED. No further extension will be granted absent extraordinary circumstances. Responses due by 1/19/2016. Replies due by 2/19/2016. (Signed by Judge Lorna G. Schofield on 12/4/2015) (adc) Modified on 12/4/2015 (adc). (Entered: 12/04/2015)
2015-12-04Set/Reset Deadlines: Cross Motions due by 12/22/2015. (adc) (Entered: 12/04/2015)
2015-12-10Minute Entry for proceedings held before Judge Lorna G. Schofield: Pre-Motion Conference held on 12/10/2015. (Court Reporter Paula Spear) (jcs) (Entered: 12/10/2015)
2015-12-1483LETTER MOTION for Leave to File Excess Pages in Declaration addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/14/15., LETTER MOTION for Leave to File Additional Declaration in Support of Motion addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/14/15. Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 12/14/2015)
2015-12-1584ORDER granting 83 Letter Motion for Leave to File Excess Pages; granting 83 Letter Motion for Leave to File Document. APPLICATION GRANTED. The Government may file six affidavits as requested, without prejudice to Plaintiff's right to argue that they should not be considered for summary judgment. (Signed by Judge Lorna G. Schofield on 12/15/2015) (kgo) (Entered: 12/15/2015)
2015-12-1685LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/16/15 re: December 2015 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 12/16/2015)
2015-12-2286CROSS MOTION for Partial Summary Judgment . Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2287MEMORANDUM OF LAW in Support re: 86 CROSS MOTION for Partial Summary Judgment . and in Opposition to Plaintiff's Motion for Partial Summary Judgment . Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2288DECLARATION of Fernando Pineiro in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Revised Vaughn Index, # 2 Revised Sample Contract 4, # 3 Revised Sample Contract 5)(Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2289DECLARATION of James Dana Adams, Jr. in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2290DECLARATION of Ronald E. Gates in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2291DECLARATION of Bart Verhulst in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2292DECLARATION of David Venturella in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 12/22/2015)
2015-12-2293DECLARATION of Russell B. Harper in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 12/22/2015)
2016-01-1594LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 1/15/16 re: January 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Letter, # 2 ICE Letter)(Barnea, Jean-David) (Entered: 01/15/2016)
2016-01-1995CROSS MOTION for Partial Summary Judgment . Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 01/19/2016)
2016-01-1996REPLY MEMORANDUM OF LAW in Support re: 95 CROSS MOTION for Partial Summary Judgment ., 74 MOTION for Partial Summary Judgment . . Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 01/19/2016)
2016-01-1997DECLARATION of Ghita Schwarz in Support re: 95 CROSS MOTION for Partial Summary Judgment ., 74 MOTION for Partial Summary Judgment .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit 13, # 2 Exhibit 14, # 3 Exhibit 15)(Schwarz, Ghita) (Entered: 01/19/2016)
2016-02-1198LETTER MOTION for Leave to File Reply on Cross-Motion for Partial Summary Judgment addressed to Judge Lorna G. Schofield from Ghita Schwarz dated February 11, 2016. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 02/11/2016)
2016-02-1699ORDER granting 98 Letter Motion for Leave to File Document. Application GRANTED. Both sides are granted a five page expansion of the page limit. Plaintiffs' reply for their cross motion shall be filed by February 26, 2016, and may include the paragraph referenced above. (Signed by Judge Lorna G. Schofield on 2/16/2016) (kgo) (Entered: 02/16/2016)
2016-02-16Set/Reset Deadlines: Replies due by 2/26/2016. (kgo) (Entered: 02/16/2016)
2016-02-17100LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 2/17/16 re: February 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 02/17/2016)
2016-02-18101LETTER MOTION for Extension of Time to File Response/Reply as to 86 CROSS MOTION for Partial Summary Judgment . addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 2/18/16. Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 02/18/2016)
2016-02-18102LETTER RESPONSE in Opposition to Motion addressed to Judge Lorna G. Schofield from Ghita Schwarz dated February 18, 2016 re: 101 LETTER MOTION for Extension of Time to File Response/Reply as to 86 CROSS MOTION for Partial Summary Judgment . addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 2/18/16. . Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit ICE email chain discussing article)(Schwarz, Ghita) (Entered: 02/18/2016)
2016-02-19103ORDER granting in part and denying in part 101 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED in part. The Government's reply is extended to February 26, 2016, and the Plaintiffs' reply in support of their cross-motion is extended to March 4, 2016. The Government may address Plaintiffs' new arguments in a sur-reply; the Government's sur-reply shall be filed by March 11, 2016, shall not exceed five pages and will count towards the total page limit allotted per side. Replies due by 3/4/2016. (Signed by Judge Lorna G. Schofield on 2/19/2016) (kgo) (Entered: 02/19/2016)
2016-02-19Set/Reset Deadlines: Surreplies due by 3/11/2016. (kgo) (Entered: 02/19/2016)
2016-02-26104REPLY MEMORANDUM OF LAW in Support re: 86 CROSS MOTION for Partial Summary Judgment . and in Opposition to Plaintiff's Motion . Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-26105REPLY AFFIDAVIT of Fernando Pineiro in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-26106REPLY AFFIDAVIT of David Venturella in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 02/26/2016)
2016-02-26107REPLY AFFIDAVIT of Steven Conry in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 02/26/2016)
2016-03-04108REPLY MEMORANDUM OF LAW in Support re: 95 CROSS MOTION for Partial Summary Judgment ., 74 MOTION for Partial Summary Judgment . . Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 03/04/2016)
2016-03-04109DECLARATION of Ghita Schwarz in Support re: 95 CROSS MOTION for Partial Summary Judgment ., 74 MOTION for Partial Summary Judgment .. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit 16, # 2 Exhibit 17)(Schwarz, Ghita) (Entered: 03/04/2016)
2016-03-11110SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Support re: 86 CROSS MOTION for Partial Summary Judgment . Sur-Reply Memo of Law . Document filed by United States Immigration and Customs Enforcement. (Barnea, Jean-David) (Entered: 03/11/2016)
2016-03-11111DECLARATION of Fernando Pineiro in Support re: 86 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Houston Chronicle Article)(Barnea, Jean-David) (Entered: 03/11/2016)
2016-03-14112LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated March 14, 2016 re: Request for Oral Argument. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 03/14/2016)
2016-03-15113LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 3/15/16 re: March 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 03/15/2016)
2016-04-15114LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 4/15/16 re: April 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 04/15/2016)
2016-04-19115LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated April 19, 2016 re: New Information Re Pending Motion for Partial Summary Judgment. Document filed by Center for Constitutional Rights, Detention Watch Network. (Attachments: # 1 Exhibit Table of Private Per Diem Rates)(Schwarz, Ghita) (Entered: 04/19/2016)
2016-04-22116LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 4/22/16 re: Plaintiffs' 4/14 Letter. Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 04/22/2016)
2016-04-25117LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated April 25, 2016 re: Gov't Request to Place Document Under Seal. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 04/25/2016)
2016-04-27118ORDER: It is hereby ORDERED, that to preserve the status quo pending the adjudication of the parties' motions for partial summary judgment and without determining whether contractor's bed day rates and unit pricing is confidential commercial information properly withheld under FOIA Exemption 4, the Clerk of Court is directed to strike Docket No. 115-1 from the docket. It is further ORDERED, that Plaintiff shall redact the column labeled "Per Diem Rate Detailed" and refile the attachment currently filed at Docket No. 115-1 on ECF and shall email a full, unredacted courtesy copy to Chambers and otherwise comply with Individual Rule I.C.3. by May 3, 2016. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 4/27/2016) (kgo) (Entered: 04/27/2016)
2016-05-03119REDACTION to 118 Order Striking Document from Record,,, 117 Letter, 115 Letter, 116 Letter by Center for Constitutional Rights, Detention Watch Network (Attachments: # 1 Exhibit Redacted Spreadsheet)(Schwarz, Ghita) (Entered: 05/03/2016)
2016-05-16120LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 5/16/16 re: May 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 05/16/2016)
2016-05-22121LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 5/22/16 re: Plaintiffs' 4/25/16 Letter. Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 05/22/2016)
2016-06-15122LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/15/16 re: June 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 06/15/2016)
2016-07-14123OPINION AND ORDER re: 95 CROSS MOTION for Partial Summary Judgment filed by Detention Watch Network, Center for Constitutional Rights, 74 MOTION for Partial Summary Judgment filed by Detention Watch Network, Center for Constitutional Rights, 86 CROSS MOTION for Partial Summary Judgment filed by United States Immigration and Customs Enforcement. For the foregoing reasons, Plaintiff's motion for partial summary judgment is GRANTED, and Defendant's cross-motion for partial summary judgment is DENIED. The Clerk of Court is respectfully directed to close Docket Nos. 74, 86, and 95. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 7/14/2016) (kko) (Entered: 07/14/2016)
2016-07-15124LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 7/15/16 re: July 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 07/15/2016)
2016-07-29125NOTICE OF APPEARANCE by Felice Beth Galant on behalf of The GEO Group, Inc.. (Galant, Felice) (Entered: 07/29/2016)
2016-07-29126RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The GEO Group, Inc..(Galant, Felice) (Entered: 07/29/2016)
2016-07-29127LETTER MOTION for Conference (regarding a motion to intervene) addressed to Judge Lorna G. Schofield from Felice B. Galant, Esq. dated 7/29/16. Document filed by The GEO Group, Inc..(Galant, Felice) (Entered: 07/29/2016)
2016-07-29128ORDER granting 127 Letter Motion for Conference. Application GRANTED. Any party may file a response to this letter by August 5, 2016, in accordance with Individual Rule III.A.1, and shall include their reasons and legal authority in support of their position. The parties and GEO shall appear for a conference on August 9, 2016, at 11:30 a.m. Pre-Motion Conference set for 8/9/2016 at 11:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 7/29/2016) (mro) (Entered: 08/01/2016)
2016-08-05129LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 8/5/16 re: GEO's Pre-Motion Letter. Document filed by United States Immigration and Customs Enforcement.(Barnea, Jean-David) (Entered: 08/05/2016)
2016-08-05130LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated August 5, 2016 re: GEO's Pre-Motion Letter. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 08/05/2016)
2016-08-08131NOTICE OF APPEARANCE by Stephen Joseph Riccardulli on behalf of The GEO Group, Inc.. (Riccardulli, Stephen) (Entered: 08/08/2016)
2016-08-09132NOTICE OF APPEARANCE by Bradley Drew Simon on behalf of Corrections Corporation of America. (Simon, Bradley) (Entered: 08/09/2016)
2016-08-10133LETTER MOTION for Leave to File Motion to Intervene addressed to Judge Lorna G. Schofield from Bradley D. Simon dated 8/10/16. Document filed by Corrections Corporation of America.(Simon, Bradley) (Entered: 08/10/2016)
2016-08-11134MEMORANDUM OF LAW in Opposition re: 127 LETTER MOTION for Conference (regarding a motion to intervene) addressed to Judge Lorna G. Schofield from Felice B. Galant, Esq. dated 7/29/16., 133 LETTER MOTION for Leave to File Motion to Intervene addressed to Judge Lorna G. Schofield from Bradley D. Simon dated 8/10/16. . Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 08/11/2016)
2016-08-15135LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 8-15-16 re: August 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 08/15/2016)
2016-08-17136ORDER: WHEREAS, a conference was held on August 9, 2016, during which the parties and nonparty The Geo Group, Inc. ("GEO") appeared to discuss GEO's motion to intervene. For the reasons stated at the conference, it is hereby ORDERED, that the parties and GEO shall submit by August 18, 2016, proposed dates and times that they are available for a conference on September 6th, 7th, and 8th. Parties not located in the metropolitan area may appear by telephone by advising the Court in advance, convening all parties appearing telephonically on the line and calling into chambers at (212) 805-0288. (Signed by Judge Lorna G. Schofield on 8/17/2016) (lmb) (Entered: 08/17/2016)
2016-08-18137LETTER addressed to Judge Lorna G. Schofield from Ghita Schwarz dated August 18, 2016 re: Proposed Dates of Conference Regarding Motions to Intervene. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 08/18/2016)
2016-08-19138MEMO ENDORSEMENT on re: 137 Letter filed by Detention Watch Network, Center for Constitutional Rights. ENDORSEMENT: The parties and proposed intervenors, the GEO Group and the Corrections Corporation of America, shall appear for a telephonic conference on September 6, 2016, at 11:10 a.m., by convening all parties on the line and calling into chambers at (212) 805-0288. SO ORDERED. (Telephone Conference set for 9/6/2016 at 11:10 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 8/19/2016) (kl) (Entered: 08/23/2016)
2016-08-30139NOTICE OF CHANGE OF ADDRESS by Stephen Joseph Riccardulli on behalf of The GEO Group, Inc.. New Address: Norton Rose Fulbright US LLP, 1301 Avenue of the Americas, New York, NY, USA 10019-6022, (212) 318-3000. (Riccardulli, Stephen) (Entered: 08/30/2016)
2016-09-01140ORDER: It is hereby ORDERED that the proceeding in this matter, currently scheduled for September 6, 2016, at 11:10 a.m., is hereby CANCELED. A written Order and Opinion will follow in due course. (Signed by Judge Lorna G. Schofield on 9/1/2016) (kgo) (Entered: 09/01/2016)
2016-09-01141OPINION AND ORDER granting 133 Letter Motion for Leave to File Document. For the reasons stated above, GEO and CCA's requests to intervene in this case are GRANTED for the sole purpose of appealing the Court's July 14, 2016, Opinion and Order. SO ORDERED.(Signed by Judge Lorna G. Schofield on 9/01/2016) (ama) (Entered: 09/02/2016)
2016-09-09142NOTICE OF APPEAL from 141 Order on Motion for Leave to File Document,. Document filed by The GEO Group, Inc.. Filing fee $ 505.00, receipt number 0208-12742077. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Riccardulli, Stephen) (Entered: 09/09/2016)
2016-09-09Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 142 Notice of Appeal,. (nd) (Entered: 09/09/2016)
2016-09-09Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 142 Notice of Appeal, filed by The GEO Group, Inc. were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/09/2016)
2016-09-16143LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 9/16/16 re: September 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 09/16/2016)
2016-09-19144TRANSCRIPT of Proceedings re: conference held on 8/9/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Raquel Robles, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/14/2016. Redacted Transcript Deadline set for 10/24/2016. Release of Transcript Restriction set for 12/22/2016.(McGuirk, Kelly) (Entered: 09/19/2016)
2016-09-19145NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 8/9/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 09/19/2016)
2016-09-30146NOTICE OF CROSS APPEAL from 141 Order on Motion for Leave to File Document,. Document filed by Center for Constitutional Rights, Detention Watch Network. Filing fee $ 505.00, receipt number 0208-12823855. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Schwarz, Ghita) (Entered: 09/30/2016)
2016-09-30Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 146 Notice of Cross Appeal,. (nd) (Entered: 09/30/2016)
2016-09-30Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 146 Notice of Cross Appeal, filed by Detention Watch Network, Center for Constitutional Rights were transmitted to the U.S. Court of Appeals. (nd) (Entered: 09/30/2016)
2016-10-03147LETTER MOTION for Conference regarding Court's July 14, 2016 Opinion and Order and motion to stay addressed to Judge Lorna G. Schofield from The GEO Group, Inc. dated October 3, 2016. Document filed by The GEO Group, Inc..(Riccardulli, Stephen) (Entered: 10/03/2016)
2016-10-04148MEMO ENDORSEMENT with respect to 147 Letter Motion for Conference. ENDORSEMENT: Any party wishing to oppose this application shall do so by October 7, 2016. (Signed by Judge Lorna G. Schofield on 10/4/2016) (kgo) (Entered: 10/04/2016)
2016-10-04Set/Reset Deadlines: Responses due by 10/7/2016 (kgo) (Entered: 10/07/2016)
2016-10-06149LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from Ghita Schwarz dated October 6, 2016. Document filed by Center for Constitutional Rights, Detention Watch Network.(Schwarz, Ghita) (Entered: 10/06/2016)
2016-10-06150ORDER granting 149 Letter Motion for Extension of Time. APPLICATION GRANTED. (Signed by Judge Lorna G. Schofield on 10/6/2016) (kgo) (Entered: 10/07/2016)
2016-10-07Set/Reset Deadlines: Responses due by 10/10/2016 (kgo) (Entered: 10/07/2016)
2016-10-10151MEMORANDUM OF LAW in Opposition re: 147 LETTER MOTION for Conference regarding Court's July 14, 2016 Opinion and Order and motion to stay addressed to Judge Lorna G. Schofield from The GEO Group, Inc. dated October 3, 2016. . Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 10/10/2016)
2016-10-11152NOTICE OF APPEARANCE by J. Evan Shapiro on behalf of Corrections Corporation of America. (Shapiro, J. Evan) (Entered: 10/11/2016)
2016-10-14153TRANSCRIPT of Proceedings re: conference held on 6/26/2014 before Judge Lorna G. Schofield. Court Reporter/Transcriber: William Richards, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017.(McGuirk, Kelly) (Entered: 10/14/2016)
2016-10-14154NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 6/26/14 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/14/2016)
2016-10-14155TRANSCRIPT of Proceedings re: CONFERENCE held on 11/10/2015 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/7/2016. Redacted Transcript Deadline set for 11/17/2016. Release of Transcript Restriction set for 1/15/2017.(McGuirk, Kelly) (Entered: 10/14/2016)
2016-10-14156NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/10/15 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 10/14/2016)
2016-10-17157LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 10/17/16 re: October 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 10/17/2016)
2016-10-18158LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Bradley D. Simon, Simon & Partners LLP, Attorneys for Intervenor Corrections Corporation of America, Inc. dated October 18, 2016. Document filed by Corrections Corporation of America.(Shapiro, J. Evan) (Entered: 10/18/2016)
2016-10-20160ORDER granting 158 Letter Motion for Conference.It is hereby ORDERED that Intervenor-Defendants' request to clarify the Opinion is GRANTED. the Government's obligation to produce the documents is temporarily STAYED pending the resolution of the pre-motion letters and request for a conference. It is further ORDERED that Intervenor-Defendants' request for a pre-motion conference is GRANTED. The parties and Defendant-Intervenors shall appear for a conference on November 15, 2016, at 11:20 a.m. (As further set forth herein. Pre-Motion Conference set for 11/15/2016 at 11:20 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/20/2016) (kgo) (Entered: 10/21/2016)
2016-10-21159LETTER RESPONSE to Motion addressed to Judge Lorna G. Schofield from Ghita Schwarz dated October 21, 2016 re: 158 LETTER MOTION for Conference addressed to Judge Lorna G. Schofield from Bradley D. Simon, Simon & Partners LLP, Attorneys for Intervenor Corrections Corporation of America, Inc. dated October 18, 2016. . Document filed by Center for Constitutional Rights, Detention Watch Network. (Schwarz, Ghita) (Entered: 10/21/2016)
2016-10-26161NOTICE OF APPEARANCE by Omar Ahmed Farah on behalf of Center for Constitutional Rights, Detention Watch Network. (Farah, Omar) (Entered: 10/26/2016)
2016-11-10162ORDER: It is hereby ORDERED that the proceeding in this matter, previously scheduled for November 15, 2016, at 11:20 a.m., shall be adjourned to November 29, 2016, at 5:00 p.m., due to a scheduling conflict. Any parties not located within the metropolitan area who wish to participate telephonically may do so by advising the Court, convening all parties on the line and calling into chambers at (212) 805-0288. Pre-Motion Conference set for 11/29/2016 at 05:00 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/10/2016) (kgo) (Entered: 11/10/2016)
2016-11-17163LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 11/17/16 re: November 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 11/17/2016)
2016-11-29Minute Entry for proceedings held before Judge Lorna G. Schofield: Pre-Motion Conference held on 11/29/2016. (Court Reporter Khris Sellin) (Lewis, Barton) (Entered: 12/12/2016)
2016-11-30164ORDER granting in part and denying in part 147 Letter Motion for Conference. It is hereby ORDERED that disclosure of the documents ordered by the Opinion issued on July 14, 2016 Opinion and Order, clarified by the Order dated October 20, 2016, is STAYED IN PART pending the appeal, to the extent that the information has not already been made publicly available -- through TRAC website, through ICE's spreadsheet available for download at the URL made public in this action, or by any other disclosure. The Clerk of Court is directed to close Docket No. 147. (Signed by Judge Lorna G. Schofield on 11/30/2016) (kgo) (Entered: 11/30/2016)
2016-12-06165TRANSCRIPT of Proceedings re: CONFERENCE held on 11/29/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/27/2016. Redacted Transcript Deadline set for 1/6/2017. Release of Transcript Restriction set for 3/6/2017.(McGuirk, Kelly) (Entered: 12/06/2016)
2016-12-06166NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/06/2016)
2016-12-06167FILING ERROR - NO ORDER SELECTED FOR APPEAL - NOTICE OF APPEAL. Document filed by Corrections Corporation of America, The GEO Group, Inc. Filing fee $ 505.00, receipt number 0208-13064570. Form C and Form D are due within 14 days to the Court of Appeals, Second Circuit. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Riccardulli, Stephen) Modified on 12/6/2016 (tp). (Entered: 12/06/2016)
2016-12-06***NOTICE TO ATTORNEY REGARDING DEFICIENT APPEAL. Notice to attorney Riccardulli, Stephen to RE-FILE Document No. 167 Notice of Appeal. The filing is deficient for the following reason(s): the order/judgment being appealed was not selected. Re-file the appeal using the event type Corrected Notice of Appeal found under the event list Appeal Documents - attach the correct signed PDF - select the correct named filer/filers - select the correct order/judgment being appealed. (tp) (Entered: 12/06/2016)
2016-12-06168CORRECTED NOTICE OF APPEAL re: 167 Notice of Appeal, 160 Order on Motion for Conference,, 164 Order on Motion for Conference,,. Document filed by The GEO Group, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Riccardulli, Stephen) (Entered: 12/06/2016)
2016-12-06Appeal Fee Paid electronically via Pay.gov: for 168 Corrected Notice of Appeal. Filing fee $ 505.00. Pay.gov receipt number 0208-13064570, paid on 12/6/2016. (tp) (Entered: 12/07/2016)
2016-12-07Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 168 Corrected Notice of Appeal. (tp) (Entered: 12/07/2016)
2016-12-07Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 168 Corrected Notice of Appeal, filed by The GEO Group, Inc. were transmitted to the U.S. Court of Appeals. (tp) (Entered: 12/07/2016)
2016-12-13169TRANSCRIPT of Proceedings re: CONFERENCE held on 11/29/2016 before Judge Lorna G. Schofield. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/3/2017. Redacted Transcript Deadline set for 1/13/2017. Release of Transcript Restriction set for 3/13/2017.(McGuirk, Kelly) (Entered: 12/13/2016)
2016-12-13170NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/29/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/13/2016)
2016-12-16171LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 12/16/16 re: December 2016 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 12/16/2016)
2017-01-17172LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 1/17/17 re: January 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 01/17/2017)
2017-02-15173LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 2/15/17 re: February 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 02/15/2017)
2017-02-22174FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 175 Letter) - LETTER addressed to Judge Lorna G. Schofield from STEPHEN J. RICCARDULLI dated FEBRUARY 22, 2017 re: Detention Watch Network v. ICE, 14 Civ. 583 (LGS). Document filed by The GEO Group, Inc. (Riccardulli, Stephen) Modified on 2/23/2017 (db). (Entered: 02/22/2017)
2017-02-22175LETTER addressed to Judge Lorna G. Schofield from STEPHEN J. RICCARDULLI dated February 22, 2017 re: Detention Watch Network v. ICE, 14 Civ. 583 (LGS). Document filed by The GEO Group, Inc.. (Attachments: # 1 Exhibit A)(Riccardulli, Stephen) (Entered: 02/22/2017)
2017-03-16176LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 3/16/17 re: March 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter, # 2 ICE Cover Letter)(Barnea, Jean-David) (Entered: 03/16/2017)
2017-04-17177ORDER: WHEREAS, the Orders dated May 16, 2014, and July 3, 2014, required Defendants to file a status letter on the 15th of each month; WHEREAS, Defendants failed to timely submit the letter; it is hereby ORDERED that Defendants shall file the status letter by April 19, 2017. Repeated failure to file may result in sanctions or other prejudice. (Signed by Judge Lorna G. Schofield on 4/17/2017) (ap) (Entered: 04/17/2017)
2017-04-17178LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 4/17/17 re: April 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 04/17/2017)
2017-04-18179LETTER addressed to Judge Lorna G. Schofield from The GEO Group, Inc. dated 04/18/2017 re: Second Circuit Motion to Stay Mandate Pending Writ of Certiorari. Document filed by The GEO Group, Inc..(Riccardulli, Stephen) (Entered: 04/18/2017)
2017-04-19180MEMO ENDORSEMENT on re: 179 LETTER addressed to Judge Lorna G. Schofield from The GEO Group, Inc. dated 04/18/2017 re: Second Circuit Motion to Stay Mandate Pending Writ of Certiorari. Document filed by The GEO Group, Inc. ENDORSEMENT: Application granted. (Signed by Judge Lorna G. Schofield on 4/19/2017) (rjm) (Entered: 04/19/2017)
2017-05-15181LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 5/15/17 re: May 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 05/15/2017)
2017-06-16182LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 6/16/17 re: June 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 06/16/2017)
2017-07-18183LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 7/18/17 re: July 2017 Production. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 07/18/2017)
2017-08-15184LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 8/15/17 re: August 2017 Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 08/15/2017)
2017-09-15185LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 9/15/17 re: September 2017 Production. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 09/15/2017)
2017-10-13186MANDATE of USCA (Certified Copy) as to 142 Notice of Appeal, filed by The GEO Group, Inc., 146 Notice of Cross Appeal, filed by Detention Watch Network, Center for Constitutional Rights, 168 Corrected Notice of Appeal, filed by The GEO Group, Inc., Corrections Corporation of America. USCA Case Number 16-3141 (L), 16-3362 (XAP); 16-4091 (Con). Plaintiffs-Appellees move to dismiss the appeal docketed in 16-3141 for lack of jurisdiction. Upon due consideration, it is hereby ORDERED that the motion is GRANTED. Intervenors-Appellants lack standing because they have not suffered an invasion of a legally protected interest. See Tachiona v. United States, 386 F.3d 205, 21011 (2d Cir. 2004); see also Chrysler Corp. v. Brown, 441 U.S. 281, 29293 (1979) (explaining Congressional concern with "the agency's need or preference for confidentiality; the FOIA by itself protects the submitters' interest in confidentiality only to the extent that this interest is endorsed by the agency collecting the information." (emphasis in original)). It is further ORDERED that Intervenors-Appellants' appeal docketed in 16-4091 is DISMISSED for lack of standing, and that Plaintiffs-Appellees' appeal docketed in 16-3362 is DISMISSED as moot.. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 10/13/2017. (nd) (Entered: 10/13/2017)
2017-10-16187LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 10/16/17 re: October 2017 Production. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 DHS Cover Letter)(Barnea, Jean-David) (Entered: 10/16/2017)
2017-10-31188JOINT LETTER addressed to Judge Lorna G. Schofield from AUSA Jean-David Barnea dated 10/31/17 re: Proposed Stipulation. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Proposed Stipulation)(Barnea, Jean-David) (Entered: 10/31/2017)
2017-10-31189MEMO ENDORSEMENT on PROPOSED STIPULATION AND ORDER REGARDING FURTHER DOCUMENT PRODUCTIONS. ENDORSEMENT: The Clerk of Court is directed to close this case. (Signed by Judge Lorna G. Schofield on 10/31/2017) (mro) (Entered: 11/01/2017)
2017-10-31Terminate Transcript Deadlines (mro) (Entered: 11/01/2017)
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