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Case TitleImmigrant Defense Project et al v. United States Immigration and Costoms Enforcement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv06117
Date Filed2014-08-05
Date ClosedOpen
JudgeJudge J. Paul Oetken
PlaintiffImmigrant Defense Project
PlaintiffHispanic Interest Coalition of Alabama
PlaintiffCenter for Constitutional Rights
Case DescriptionThe Immigrant Defense Project, the Center for Constitutional Rights, and the Hispanic Interest Coalition of Alabama submitted a request to the Department of Homeland Security for records concerning home-based immigration enforcement operations and their impact on local communities. The organizations also requested expedited processing and a fee waiver. U.S. Immigration and Customs Enforcement acknowledged receipt of the request, but did not address the request for expedited processing or a fee waiver. The organizations appealed both issues and the agency eventually granted the fee waiver, but denied expedited processing. The organizations again appealed the denial of expedited processing, but, aside from the agency's indication that it was working on their request, they heard nothing further from ICE. The Department of Homeland Security also acknowledged receipt of the request. The Coast Guard denied the organizations' request for expedited processing and a fee waiver, concluding that they were moot since records had already been sent to the requesters. The Federal Law Enforcement Training Center disclosed 26 pages of responsive records. DHS indicated that ICE would be responding separately. The organizations appealed the DHS decision, which was upheld. The organizations then filed suit.
Complaint issues: Expedited processing, Failure to respond within statutory time limit

DefendantUnited States Immigration and Costoms Enforcement
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [49]
FOIA Project Annotation: A federal court in New York has ruled that the Department of Homeland Security has not yet conducted an adequate search for records concerning entries, arrests, or other enforcement actions carried out at homes or residences. The Immigrant Defense Project, the Hispanic Interest Coalition of Alabama, and the Center for Constitutional Rights filed a joint request. The agency produced 8,500 pages of responsive records on a rolling basis. Dealing only with the adequacy of the search of multiple components of the agency in this opinion, Judge Paul Oetken found that many components had justified the search terms used, while others had not. The plaintiffs argued the components had failed to use generic terms listed in their search request. Oetken, however, noted that "Courts in this District have found that agencies fulfilled their obligation under FOIA even where the agency failed to search certain terms listed in a FOIA request or emphasized by a plaintiff, so long as the agency provided an explanation as to why the search term was not used (such as, the futility of the terms to narrow the field of documents, or an office's failure to use the term in question in its records or recordkeeping)." The plaintiffs also challenged the use of different search terms by different components. Rejecting the claim, Oetken pointed out that "Defendants' use of varied search terms does not per se undermine the adequacy of the search, so long as Defendants offer an account of its search strategy in each location. Here, Defendants have provided an account for how each office or component was searched and have offered some explanation of why." Oetken faulted the agency for its use of plural rather than singular nouns. He observed that "Defendants fail to provide an explanation that would justify conducting searches using the plural form only. Without explanation, such searches do not appear to be calculated to produce all responsive records." The plaintiffs argued that a report of investigation generated by the Office of Professional Responsibility and uncovered during the FOIA search constituted a new lead that the agency was required to explore. Oetken disagreed, noting that "where Plaintiffs directed their FOIA request to multiple agencies�"which carried out separate searches by different personnel�"the document allegedly requiring follow-up would have subjected Defendant-agencies to an unduly burdensome 'cross-review' of their independent production." Oetken found that the Office of Public Affairs at Immigration and Customs Enforcement and ICE's Law Enforcement Systems and Analysis had improperly narrowed their interpretation of the plaintiffs' request. LESA claimed it could not search for data on home enforcement operations because it did not track such data by address. Noting the plaintiffs indicated they were willing to accept LESA's data in its current form, Oetken observed that "Defendant's chief reason for failing to search LESA is not valid under FOIA. . .'Narrowing' a FOIA request to assist Plaintiffs in obtaining responsive records is part of an agency's obligation to 'assist' the requester. The proposed narrower request at issue here is not unreasonable or overly burdensome, as it describes records held by LESA."
Issues: Adequacy - Search
Opinion/Order [65]
FOIA Project Annotation: A federal court in New York has agreed to reconsider its earlier ruling on the adequacy of the search conducted by U.S. Immigration and Customs Enforcement for data concerning arrests of illegal immigrants at residences after a search of the Office of Public Affairs ordered by Judge Paul Oetken yielded 366 responsive pages from various field offices. The agency argued that its search should not be called into question because the documents were not created until the search was completed. Oetken indicated that "but this fact counsels for, rather than against reconsideration. That is, if it is true that the evidence of the relevant field offices' tracking and collecting the underlying data was not available in the form of discoverable agency records at the time of the earlier motion for partial summary judgment, all the more reason that the Court should consider this information to be 'new evidence' and entertain a motion to reconsider." The agency also argued that the plaintiffs' search terms did not always match its file labels. Oetken pointed out that "to the extent that the wording in Plaintiffs' initial request fails to match Defendants' own labels, Defendants are obligated to work with Plaintiffs to turn up relevant records. This obligation, too"in light of the newly available evidence"points the Court toward reconsidering its previous holding and directing Defendants to provide assistance to Plaintiffs in their efforts to locate responsive data and documentation." Agreeing to reconsider his earlier ruling, Oetken observed that "the newly produced documents provide tangible evidence of records maintenance by the field offices that was not available to Plaintiffs at the time they filed for partial summary judgment. This evidence is newly available, either because Defendant failed to search the DHS Office of Public Affairs until they were so directed by this Court, or because this data collection did not exist at the time of this Court's earlier ruling (but now does.)."
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-08-051COMPLAINT against United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Filing Fee $ 350.00, Receipt Number 01101841)Document filed by Immigrant Defense Project, Hispanic Interest Coalition of Alabama, Center for Constitutional Rights.(Kaliakina, Tatiana) (Additional attachment(s) added on 8/11/2014: # 1 Exhibit 1-5, # 2 Exhibit 6-16) (moh). (Entered: 08/06/2014)
2014-08-05SUMMONS ISSUED as to United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Kaliakina, Tatiana) (Entered: 08/06/2014)
2014-08-05Magistrate Judge James L. Cott is so designated. (Kaliakina, Tatiana) (Entered: 08/06/2014)
2014-08-05Case Designated ECF. (Kaliakina, Tatiana) (Entered: 08/06/2014)
2014-08-052CIVIL COVER SHEET filed. (Kaliakina, Tatiana) Modified on 8/6/2014 (Kaliakina, Tatiana). (Entered: 08/06/2014)
2014-08-05***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Ghita Schwarz for noncompliance with Section 14.2 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint, to: caseopenings@nysd.uscourts.gov. (Kaliakina, Tatiana) (Entered: 08/06/2014)
2014-08-153AFFIDAVIT OF SERVICE of FOIA complaint served on Dep't of Homeland Security and Immigration & Customs Enforcement on 8/7/2014. Service was accepted by Lisa Ahearn. Service was made by Mail. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Schwarz, Ghita) (Entered: 08/15/2014)
2014-08-264NOTICE OF APPEARANCE by Rebecca Sol Tinio on behalf of United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Tinio, Rebecca) (Entered: 08/26/2014)
2014-08-275LETTER addressed to Judge J. Paul Oetken from Rebecca S. Tinio dated August 27, 2014 re: Request for Extension of Time to Answer or Otherwise Respond to the Complaint. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Tinio, Rebecca) (Entered: 08/27/2014)
2014-08-276MEMO ENDORSEMENT on re: 5 Letter, filed by United States Immigration and Costoms Enforcement, United States Department of Homeland Security. ENDORSEMENT: Granted. The deadline for Defendant to answer or otherwise respond to the complaint is October 8, 2014., United States Department of Homeland Security answer due 10/8/2014; United States Immigration and Costoms Enforcement answer due 10/8/2014. (Signed by Judge J. Paul Oetken on 8/27/2014) (lmb) (Entered: 08/27/2014)
2014-10-027NOTICE OF APPEARANCE by John Dalton Clopper on behalf of United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Clopper, John) (Entered: 10/02/2014)
2014-10-038SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge J. Paul Oetken from John Clopper dated October 3, 2014. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Clopper, John) (Entered: 10/03/2014)
2014-10-039NOTICE of Substitution of Attorney. Old Attorney: Rebecca Tinio, New Attorney: John Clopper, Address: U.S. Attorney's Office for the Southern District of New York, 86 Chambers Street, 3rd floor, New York, New York, USA 10007, 212.637.2716. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Clopper, John) (Entered: 10/03/2014)
2014-10-0610ORDER granting 8 Letter Motion for Extension of Time to Answer. The Defendants' requested extension is hereby granted. The Defendants shall answer or otherwise respond to the complaint by October 15, 2014. The Clerk of the Court is directed to replace the word "Costoms" with the word "Customs" in the caption on ECF. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 10/06/2014)
2014-10-1511ANSWER to 1 Complaint,. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Clopper, John) (Entered: 10/15/2014)
2014-10-2412ORDER: The parties are hereby ordered to appear for a scheduling conference on November 3, 2014, at 11:30 AM, in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 11/3/2014 at 11:30 AM in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 10/24/2014) (kgo) (Entered: 10/24/2014)
2014-11-03Minute Entry for proceedings held before Judge J. Paul Oetken: Status Conference held on 11/3/2014. Next PTC set Sine Die. (See transcript) (Court Reporter Sonya Huggins) (Skolnik, Brandon) (Entered: 11/03/2014)
2014-11-1413LETTER addressed to Judge J. Paul Oetken from Ghita Schwarz dated November 14, 2014 re: Request for Scheduling Order. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit Court Order in NDLON v. ICE, # 2 Exhibit Court Order in DWN v. ICE)(Schwarz, Ghita) (Entered: 11/14/2014)
2014-11-1814LETTER addressed to Judge J. Paul Oetken from AUSA John Clopper dated November 18, 2014 re: Response to Plaintiffs' Request for Scheduling Order. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Attachments: # 1 Affidavit Declaration of Fernando Pineiro, # 2 Exhibit Exhbits to Declaration of Fernando Pineiro, # 3 Affidavit Declaration of James Holzer)(Clopper, John) (Entered: 11/18/2014)
2014-11-1915ORDER: United States Immigration and Customs Enforcement is hereby ordered to produce 1,500 pages of responsive documents by December 19, 2014; an additional 2,000 pages of responsive documents by January 19, 2015; and 2,000 pages of responsive documents per month thereafter. The United States Department of Homeland Security is hereby ordered to produce 750 pages of responsive documents per month starting December 19, 2014. SO ORDERED. (Signed by Judge J. Paul Oetken on 11/19/2014) (ja) (Entered: 11/19/2014)
2015-07-1716LETTER MOTION for Conference on Adequacy of Defendants' Productions addressed to Judge J. Paul Oetken from Ghita Schwarz dated July 17, 2015. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit 1-7)(Schwarz, Ghita) (Entered: 07/17/2015)
2015-07-2117TRANSCRIPT of Proceedings re: conference held on 11/3/2014 before Judge J. Paul Oetken. Court Reporter/Transcriber: Sonya Ketter Huggins, (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 8/14/2015. Redacted Transcript Deadline set for 8/24/2015. Release of Transcript Restriction set for 10/22/2015.(McGuirk, Kelly) (Entered: 07/21/2015)
2015-07-2118NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 11/3/2014 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: 07/21/2015)
2015-07-2819LETTER addressed to Judge J. Paul Oetken from AUSA John Clopper dated July 28, 2015 re: Proposed Briefing Schedule. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Clopper, John) (Entered: 07/28/2015)
2015-07-2820ORDER granting 16 Letter Motion for Conference. Granted. The parties shall appear for a conference at 10:00 AM on Tuesday, August 4, in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 07/28/2015)
2015-08-04Minute Entry for proceedings held before Judge J. Paul Oetken: Interim Pretrial Conference held on 8/4/2015. As stated from the Bench, declarations from defendant due 9/30/15, and plaintiff to submit status letter to the Court in Oct. 2015. (See transcript for complete details.) (Court Reporter Paul Speer) (Skolnik, Brandon) (Entered: 08/04/2015)
2015-10-3121FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 22 Letter (Status)) - STATUS REPORT. Letter Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit Declaration of Kevin Tyrrell, # 2 Exhibit Declaration of Reba McGinnis, # 3 Exhibit Declaration of Fernando Pineiro)(Schwarz, Ghita) Modified on 11/2/2015 (db). (Entered: 10/31/2015)
2015-11-0222STATUS REPORT. Letter Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit Declaration of Kevin Tyrrell, # 2 Exhibit Declaration of Paula Harrington, # 3 Exhibit Declaration of Reba McGinnis, # 4 Exhibit Declaration of Fernando Pineiro)(Schwarz, Ghita) (Entered: 11/02/2015)
2015-11-1223ORDER: The parties are directed to appear for a status conference on November 24, 2015 at 2:00 PM, in Courtroom 706 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. (Status Conference set for 11/24/2015 at 02:00 PM in Courtroom 706, 40 Centre Street, New York, NY 10007 before Judge J. Paul Oetken.) (Signed by Judge J. Paul Oetken on 11/10/2015) (kko) (Entered: 11/12/2015)
2015-11-1824TRANSCRIPT of Proceedings re: argument held on 8/4/2015 before Judge J. Paul Oetken. 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 12/14/2015. Redacted Transcript Deadline set for 12/24/2015. Release of Transcript Restriction set for 2/19/2016.(McGuirk, Kelly) (Entered: 11/18/2015)
2015-11-1825NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 8/4/15 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: 11/18/2015)
2015-11-24Minute Entry for proceedings held before Judge J. Paul Oetken: Interim Pretrial Conference held on 11/24/2015.(See transcript for complete details.) (Court Reporter Andrew Walker) (Skolnik, Brandon) (Entered: 11/24/2015)
2015-12-2326CONSENT LETTER MOTION for Extension of Time to update the Court on the status of adequacy of search issues addressed to Judge J. Paul Oetken from Peter Aronoff dated 12/23/2015. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 12/23/2015)
2015-12-2827ORDER granting 26 Letter Motion for Extension of Time. The requested extension is GRANTED. The parties shall provide the Court with a status update and, if necessary, a proposed briefing schedule on motions forsummary judgment by January 15, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order)(Oetken, J.) (Entered: 12/28/2015)
2016-01-1528STATUS REPORT. and Proposed Briefing Schedule Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 01/15/2016)
2016-01-2029ENDORSED LETTER addressed to Judge J. Paul Oetken from Ghita Schwarz dated 1/15/2016 re: The parties respectfully propose the following schedule: February 19, 2016: Plaintiffs move for partial summary judgment on adequacy of search. March 18, 2016: The Government submits its opposition brief. April 8, 2016: Plaintiffs submit their reply brief. We thank the Court for its consideration of this request. ENDORSEMENT: The proposed briefing schedule is hereby adopted. So ordered. (Signed by Judge J. Paul Oetken on 1/19/2016) (mt) (Entered: 01/20/2016)
2016-02-1930MOTION for Summary Judgment on Adequacy of Search . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. Responses due by 3/18/2016(Schwarz, Ghita) (Entered: 02/19/2016)
2016-02-1931MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment on Adequacy of Search . . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Schwarz, Ghita) (Entered: 02/19/2016)
2016-02-1932DECLARATION of Ghita Schwarz in Support re: 30 MOTION for Summary Judgment on Adequacy of Search .. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (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)(Schwarz, Ghita) (Entered: 02/19/2016)
2016-03-1133LETTER MOTION for Extension of Time for summary judgment filings addressed to Judge J. Paul Oetken from Peter Aronoff dated 3/11/2016. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 03/11/2016)
2016-03-1634ORDER granting 33 Letter Motion for Extension of Time. Granted. Defendant shall file its opposition to Plaintiff's motion for partial summary judgment, as well as the Defendant's cross-motion for partial summary judgment, on or before April 1, 2016. Plaintiffs shall file their reply and opposition to Defendant's motion on or before April 29, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/16/2016)
2016-03-3135LETTER MOTION for Extension of Time until Tuesday, April 5 to file the government's partial summary judgment papers addressed to Judge J. Paul Oetken from Peter Aronoff dated 3/31/2016. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 03/31/2016)
2016-04-0136ORDER granting 35 Letter Motion for Extension of Time. Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 04/01/2016)
2016-04-0537CROSS MOTION for Partial Summary Judgment . Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. Responses due by 4/29/2016(Aronoff, Peter) (Entered: 04/05/2016)
2016-04-0538MEMORANDUM OF LAW in Support re: 37 CROSS MOTION for Partial Summary Judgment . and in opposition to plaintiffs' partial motion 30 . Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 04/05/2016)
2016-04-0539DECLARATION of Kevin L. Tyrrell in Support re: 37 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Department of Homeland Security. (Aronoff, Peter) (Entered: 04/05/2016)
2016-04-0540DECLARATION of Paula Harrington in Support re: 37 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 04/05/2016)
2016-04-0541DECLARATION of Reba McGinnis in Support re: 37 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 04/05/2016)
2016-04-0542DECLARATION of Fernando Pineiro in Support re: 37 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 04/05/2016)
2016-04-2943REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment on Adequacy of Search ., 37 CROSS MOTION for Partial Summary Judgment . . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Schwarz, Ghita) (Entered: 04/29/2016)
2016-04-3044REPLY AFFIDAVIT of Ghita Schwarz in Support re: 30 MOTION for Summary Judgment on Adequacy of Search ., 37 CROSS MOTION for Partial Summary Judgment .. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit 6)(Schwarz, Ghita) (Entered: 04/30/2016)
2016-05-0645LETTER addressed to Judge J. Paul Oetken from Ghita Schwarz dated May 6, 2016 re: Correction to Exhibit Numbers in Summary Judgment Papers. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 05/06/2016)
2016-05-1246LETTER MOTION for Leave to File reply in support of government's motion for partial summary judgment addressed to Judge J. Paul Oetken from Peter Aronoff dated 5/12/2016. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 05/12/2016)
2016-05-1847ORDER granting 46 Letter Motion for Leave to File Document. Granted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 05/18/2016)
2016-05-1848REPLY MEMORANDUM OF LAW in Support re: 37 CROSS MOTION for Partial Summary Judgment . . Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 05/18/2016)
2016-09-2349OPINION AND ORDER re: 30 MOTION for Summary Judgment on Adequacy of Search . filed by Hispanic Interest Coalition of Alabama, Center for Constitutional Rights, Immigrant Defense Project, 37 CROSS MOTION for Partial Summary Judgment . filed by United States Immigration and Costoms Enforcement, United States Department of Homeland Security. For the reasons discussed above, Plaintiffs' motion for partial summary judgment on the question of the adequacy of Defendants' search is granted in part and denied in part. Defendants' cross-motion for partial summary judgment on the same question is also granted in part and denied in part. Defendants are directed to carry out the following additional searches: (1) in the ICE Enforcement and Removal Operations Buffalo and New York Field Offices, the ICE Office of Professional Responsibility, and the ICE Homeland Security Investigations New York Office, Defendants shall, within sixty days, conduct an additional search using the singular form of relevant plural nouns; (2) in ICE's OPA, Defendants shall, within sixty days, carry out a search reasonably calculated to respond to Plaintiffs' request; and (3) barring an applicable exemption to be addressed in future briefings, Defendants shall produce a responsive sample of data from ICE's LESA component. All other aspects of Defendants' search are held to be adequate under FOIA. The Clerk of Court is directed to close the motions at Docket Number 30 and Docket Number 37. (As further set forth in this Order) (Signed by Judge J. Paul Oetken on 9/23/2016) (lmb) (Entered: 09/23/2016)
2016-10-0750FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Reconsideration of Court's Order on Summary Judgment . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) Modified on 10/11/2016 (db). (Entered: 10/07/2016)
2016-10-0751FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 50 MOTION for Reconsideration of Court's Order on Summary Judgment . . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Schwarz, Ghita) Modified on 10/11/2016 (db). (Entered: 10/07/2016)
2016-10-11***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Ghita Schwarz to RE-FILE Document 51 Memorandum of Law in Support of Motion, 50 MOTION for Reconsideration of Court's Order on Summary Judgment . ERROR(S): Wrong case number on pdf(s). (db) (Entered: 10/11/2016)
2016-10-1152MOTION for Reconsideration of Court's Order on Partial Summary Judgment . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 10/11/2016)
2016-10-1153MEMORANDUM OF LAW in Support re: 52 MOTION for Reconsideration of Court's Order on Partial Summary Judgment . . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Schwarz, Ghita) (Entered: 10/11/2016)
2016-10-1954CONSENT LETTER MOTION for Extension of Time to File Response/Reply as to 52 MOTION for Reconsideration of Court's Order on Partial Summary Judgment . addressed to Judge J. Paul Oetken from Peter Aronoff dated 10/19/2016. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 10/19/2016)
2016-10-2055ORDER granting 54 Letter Motion for Extension of Time to File Response/Reply. GRANTED. DEFENDANTS SHALL RESPOND TO PLAINTIFFS' MOTION BY NOVEMBER 1, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 10/20/2016)
2016-11-0156LETTER MOTION for Extension of Time to File Response/Reply as to 55 Order on Motion for Extension of Time to File Response/Reply addressed to Judge J. Paul Oetken from Ghita Schwarz dated November 1, 2016. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 11/01/2016)
2016-11-0157LETTER addressed to Judge J. Paul Oetken from Peter Aronoff dated 11/1/2016 re: clarification of Court's September 23 Opinion and Order 49 . Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 11/01/2016)
2016-11-0158MEMORANDUM OF LAW in Opposition re: 52 MOTION for Reconsideration of Court's Order on Partial Summary Judgment . . Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 11/01/2016)
2016-11-0159DECLARATION of Fernando Pineiro in Opposition re: 52 MOTION for Reconsideration of Court's Order on Partial Summary Judgment .. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Aronoff, Peter) (Entered: 11/01/2016)
2016-11-0260ORDER granting 56 Letter Motion for Extension of Time to File Response/Reply. GRANTED. PLAINTIFFS SHALL FILE A REPLY BY NOVEMBER 10, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 11/02/2016)
2016-11-1061REPLY MEMORANDUM OF LAW in Support re: 52 MOTION for Reconsideration of Court's Order on Partial Summary Judgment . . Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Affidavit of Plaintiffs' Electronic Discovery Expert Daniel L. Regard)(Schwarz, Ghita) (Entered: 11/10/2016)
2017-03-2862LETTER addressed to Judge J. Paul Oetken from Ghita Schwarz dated March 28, 2017 re: Motion for Partial Reconsideration of Summary Judgment. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Schwarz, Ghita) (Entered: 03/28/2017)
2017-04-2863ORDER: Defendants are directed to respond to the arguments raised in Plaintiffs' letter at Docket Number 62, and in particular should address why the new information provided therein does not warrant reconsideration of this Court's earlier ruling on partial summary judgment. Any response should be filed by letter on or before May 3, 2017. If Defendants fail to file a timely response, Plaintiffs' arguments will be deemed unopposed. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/28/2017) (ama) (Entered: 04/28/2017)
2017-05-0164LETTER addressed to Judge J. Paul Oetken from Peter Aronoff dated 5/1/2017 re: response to plaintiff's letter 62 and Court's order 63 . Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 05/01/2017)
2017-05-1665OPINION AND ORDER: re: 52 MOTION for Reconsideration of Court's Order on Partial Summary Judgment filed by Hispanic Interest Coalition of Alabama, Center for Constitutional Rights, Immigrant Defense Project. For the foregoing reasons, Plaintiffs' motion for reconsideration is GRANTED. The parties shall confer and agree upon additional custodians and search terms for a further records search of the ERO and H.S.I. SAC field offices in question. See Nat'l Day Laborer Org. Network v. U.S. Immigration & Customs Enft Agency, 877 F. Supp. 2d 87, 11112 (S.D.N.Y. 2012) (directing the parties to agree on search terms and protocols" and cautioning plaintiffs to be reasonable in their demands"). The parties shall submit a joint proposal to the Court on or before June 23, 2017. The Clerk of Court is directed to close the motions at Docket Number 52. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/16/2017) (ama) (Entered: 05/16/2017)
2017-06-2066FIRST LETTER MOTION for Extension of Time to File Joint Proposal for New Searches addressed to Judge J. Paul Oetken from Ghita Schwarz dated June 20, 2017. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 06/20/2017)
2017-06-2167ORDER granting 66 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 06/21/2017)
2017-07-0668SECOND LETTER MOTION for Extension of Time to File Joint Proposal for New Searches addressed to Judge J. Paul Oetken from Ghita Schwarz dated July 6, 2017. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 07/06/2017)
2017-07-0769ORDER granting 68 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 07/07/2017)
2017-07-1470JOINT LETTER MOTION for Extension of Time to File status update and joint search proposal addressed to Judge J. Paul Oetken from Peter Aronoff dated 7/14/2017. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 07/14/2017)
2017-07-1471ORDER granting 70 Letter Motion for Extension of Time to File. GRANTED. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 07/14/2017)
2017-07-2172LETTER addressed to Judge J. Paul Oetken from Ghita Schwarz dated July 21, 2017 re: Joint Proposal for New Searches. Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project. (Attachments: # 1 Exhibit 1)(Schwarz, Ghita) (Entered: 07/21/2017)
2017-07-2873JOINT LETTER addressed to Judge J. Paul Oetken from Peter Aronoff dated 7/28/2017 re: providing the parties' stipulation and proposed order. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Attachments: # 1 Exhibit stipulation and proposed order)(Aronoff, Peter) (Entered: 07/28/2017)
2017-07-3174STIPULATION AND ORDER MODIFYING FOIA REQUEST: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the Parties as follows: The scope of Defendants' remaining search obligation in this action (including as determined by the Court's September 23, 2016 opinion and the May 16, 2017 opinion) is governed solely by the searches set forth in the Joint Proposal for New Searches (the "Joint Proposal"), attached hereto as Exhibit 1, and not by the original Request. Defendants will complete the searches set forth in the Joint Proposal by August 25, 2017. Starting on September 25, 2017, and on the 25th of each month thereafter (or, if that date is a weekend or federal holiday, the next business day), Defendants will produce to Plaintiffs one thousand pages of responsive documents (unless fewer than one thousand pages remain, in which case the balance will be produced), subject to redactions for any applicable FOIA exemptions. And as set forth herein. SO ORDERED. (Signed by Judge J. Paul Oetken on 7/31/2017) (ama) (Entered: 07/31/2017)
2018-04-1675ORDER: The parties shall file a joint status update with the court on or before April 30, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 4/16/2018) (ama) (Entered: 04/16/2018)
2018-04-3076STATUS REPORT. Joint Document filed by Center for Constitutional Rights, Hispanic Interest Coalition of Alabama, Immigrant Defense Project.(Schwarz, Ghita) (Entered: 04/30/2018)
2018-05-0177MEMO ENDORSEMENT: on re: 76 Status Report filed by Hispanic Interest Coalition of Alabama, Center for Constitutional Rights, Immigrant Defense Project. ENDORSEMENT: Granted. The parties shall submit a joint status report by May 7, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/01/2018) (ama) (Entered: 05/01/2018)
2018-05-0778STATUS REPORT. (joint) Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 05/07/2018)
2018-05-0979MEMO ENDORSEMENT: on re: 78 Status Report filed by United States Immigration and Costoms Enforcement, United States Department of Homeland Security. ENDORSEMENT: Granted. The parties shall submit a joint status report by June 7, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/09/2018) (ama) (Entered: 05/09/2018)
2018-06-0780STATUS REPORT. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 06/07/2018)
2018-06-0881MEMO ENDORSEMENT: on re: 80 Status Report filed by United States Immigration and Costoms Enforcement, United States Department of Homeland Security. ENDORSEMENT: Granted. The parties shall provide the Court with a proposed agreement on June 15, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/08/2018) (ama) (Entered: 06/08/2018)
2018-06-1582JOINT LETTER addressed to Judge J. Paul Oetken from Peter Aronoff dated 6/15/2018 re: status and proposed order. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement. (Attachments: # 1 Exhibit stipulation and proposed order)(Aronoff, Peter) (Entered: 06/15/2018)
2018-06-1883STIPULATION AND ORDER MODIFYING FOIA REQUEST: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the Parties as follows: The first bullet point beneath paragraph B.5 of the Joint Proposal is hereby struck. A new paragraph 7 is added to part B of the Joint Proposal, as follows: "7. The New York City HSI and ERO field offices will search for all non-public policies, protocols, ortrainings regarding courthouse arrests dating from January 20, 2017 to May 1, 2018." ICE represents that some documents responsive to this paragraph exist. The New York City ERO field office will conduct supplemental searches, including at a minimum for emails, operation plans, and daily operation reports, for the operations listed in the second, third, and fourth bullet points of paragraph B.5 of the original Joint Proposal. Except as modified by paragraph 2 of this stipulation, the scope of ICE's search obligations under paragraphs B.5 and B.6 of the Joint Proposal remain unchanged. Any documents responsive to the supplemental searches described in paragraphs 2 and 3 of this stipulation will be processed pursuant to the FOIA by July 13, 2018. In all other respects, the Joint Proposal and Stipulation remain in effect without alteration. The parties shall submit a joint status letter on or before August 3, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 6/18/2018) (ama) (Entered: 06/18/2018)
2018-08-10NOTICE: THE PARTIES ARE REMINDED THAT A STATUS LETTER WAS DUE ON AUGUST 3, 2018. (bh) (Entered: 08/10/2018)
2018-08-1484LETTER addressed to Judge J. Paul Oetken from Dominika Tarczynska dated August 14, 2018 re: Status Update. Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Tarczynska, Dominika) (Entered: 08/14/2018)
2018-09-0485STATUS REPORT. and proposal to file further status report by the end of September Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 09/04/2018)
2018-09-0486ORDER: The parties shall file a joint status update with the court on or before October 1, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 9/04/2018) (ama) (Entered: 09/04/2018)
2018-10-0187STATUS REPORT. and proposal for further status report by December 7, 2018 Document filed by United States Department of Homeland Security, United States Immigration and Costoms Enforcement.(Aronoff, Peter) (Entered: 10/01/2018)
2018-10-0288ORDER: The parties shall file a joint status update with the court on or before December 7, 2018. SO ORDERED. (Signed by Judge J. Paul Oetken on 10/02/2018) (ama) (Entered: 10/02/2018)
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