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Case TitleAmerican Civil Liberties Union et al v. Transportation Security Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv02061
Date Filed2015-03-19
Date Closed2017-10-23
JudgeJudge J. Paul Oetken
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted a FOIA request to the Transportation Security Administration for records concerning behavior detection programs. The ACLU requested expedited processing and a fee waiver. The agency denied the ACLU's requests for expedited processing and a fee waiver. The ACLU filed an appeal, but after hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantTransportation Security Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-191COMPLAINT against Transportation Security Administration. (Filing Fee $ 350.00, Receipt Number 465401120115)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(moh) (Entered: 03/19/2015)
2015-03-19SUMMONS ISSUED as to Transportation Security Administration, U.S. Attorney and U.S. Attorney General. (moh) (Entered: 03/19/2015)
2015-03-19Magistrate Judge Gabriel W. Gorenstein is so designated. (moh) (Entered: 03/19/2015)
2015-03-19Case Designated ECF. (moh) (Entered: 03/19/2015)
2015-03-192CIVIL COVER SHEET filed. (moh) (Entered: 03/19/2015)
2015-03-203RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Shamsi, Hina) (Entered: 03/20/2015)
2015-03-204FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 6 Affidavit) - AFFIDAVIT OF SERVICE of Summons served on Transportation Security Administration on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) Modified on 3/25/2015 (db). (Entered: 03/20/2015)
2015-03-205FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 7 Affidavit) - AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) Modified on 3/25/2015 (db). (Entered: 03/20/2015)
2015-03-206AFFIDAVIT OF SERVICE of Summons served on Transportation Security Administration on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 03/20/2015)
2015-03-207AFFIDAVIT OF SERVICE of Summons served on United States Attorney for the Southern District of New York on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 03/20/2015)
2015-03-208AFFIDAVIT OF SERVICE of Summons served on Eric Holder, Attorney General of the United States on 3/19/2015. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Shamsi, Hina) (Entered: 03/20/2015)
2015-03-249MOTION for Hugh Handeyside to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10737916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Certificate of Good Standing, # 2 Text of Proposed Order)(Handeyside, Hugh) (Entered: 03/24/2015)
2015-03-25>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 9 MOTION for Hugh Handeyside to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-10737916. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sdi) (Entered: 03/25/2015)
2015-03-2510ORDER FOR ADMISSION PRO HAC VICE granting 9 Motion for Hugh Handeyside to Appear Pro Hac Vice. (Signed by Judge J. Paul Oetken on 3/25/2015) (kko) (Entered: 03/25/2015)
2015-03-2611NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of Transportation Security Administration. (Poscablo, Christine) (Entered: 03/26/2015)
2015-04-2212ANSWER to 1 Complaint. Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 04/22/2015)
2015-06-0313LETTER addressed to Judge J. Paul Oetken from Hugh Handeyside dated 6/3/2015 re: Production and Briefing Schedule. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Handeyside, Hugh) (Entered: 06/03/2015)
2015-06-0414MEMO ENDORSEMENT on re: 13 Letter re: Production and Briefing Schedule, filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: The parties' proposed schedule is hereby adopted. (Cross Motions due by 3/25/2016. Motions due by 2/26/2016. Responses due by 4/22/2016, Replies due by 5/6/2016.) (Signed by Judge J. Paul Oetken on 6/4/2015) (kko) Modified on 6/8/2015 (kko). (Entered: 06/04/2015)
2016-02-1915LETTER MOTION for Extension of Time Re: Summary Judgment Briefing Schedule addressed to Judge J. Paul Oetken from Hugh Handeyside dated 2/19/16. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Handeyside, Hugh) (Entered: 02/19/2016)
2016-02-2416ORDER granting 15 Letter Motion for Extension of Time. Granted. The proposed briefing schedule is hereby adopted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 02/24/2016)
2016-05-0317LETTER MOTION for Extension of Time re: Summary Judgment Briefing Schedule addressed to Judge J. Paul Oetken from Christine S. Poscablo dated May 3, 2016. Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 05/03/2016)
2016-05-0418ORDER granting 17 Letter Motion for Extension of Time.Granted. The proposed briefing schedule is hereby adopted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 05/04/2016)
2016-06-0119LETTER MOTION for Extension of Time re: Summary Judgment Briefing Schedule addressed to Judge J. Paul Oetken from Christine S. Poscablo dated June 1, 2016. Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 06/01/2016)
2016-06-0220ORDER granting 19 Letter Motion for Extension of Time. Granted. The proposed briefing schedule is hereby adopted. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 06/02/2016)
2016-07-2821LETTER MOTION for Extension of Time re: Summary Judgment Briefing Schedule addressed to Judge J. Paul Oetken from Christine S. Poscablo dated July 28, 2016. Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 07/28/2016)
2016-07-2922ORDER granting 21 Letter Motion for Extension of Time. October 27, 2016: Plaintiffs' cross-motion for summary judgment and brief in opposition to Defendant's motion due [Current deadline: August 29, 2016]; November 28, 2016: Defendant's reply and brief in opposition to Plaintiffs' motion due [Current deadline: September 28, 2016]; December 12, 2016: Plaintiffs' reply due [Current deadline: October 12, 2016]. The proposed deadlines are hereby adopted. SO ORDERED. Cross Motions due by 8/29/2016. (Signed by Judge J. Paul Oetken on 7/29/2016) (ama) (Entered: 07/29/2016)
2016-07-29Set/Reset Deadlines: Cross Motions due by 10/27/2016. Motions due by 9/27/2016. Responses due by 11/28/2016 Replies due by 12/12/2016. (ama) (Entered: 07/29/2016)
2016-09-2723LETTER MOTION for Extension of Time re: Summary Judgment Briefing Schedule and Request to Submit Status Updates addressed to Judge J. Paul Oetken from Christine S. Poscablo dated September 27, 2016. Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 09/27/2016)
2016-09-2724ORDER granting 23 Letter Motion for Extension of Time. THE MOTION TO ADJOURN THE SUMMARY JUDGMENT BRIEFING SCHEDULE IS GRANTED. THE PARTIES SHALL FILE A STATUS UPDATE WITH THE COURT BY NOVEMBER 28, 2016. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 09/27/2016)
2016-11-2825STATUS REPORT. and Request for Permission to File Further Status Report in 60 Days Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 11/28/2016)
2016-11-2926MEMO ENDORSEMENT on re: 25 Status Report and Request for Permission to File Further Status Report in 60 Days filed by Transportation Security Administration. ENDORSEMENT: The parties are directed to submit a further status update on or before January 27, 2017. (Signed by Judge J. Paul Oetken on 11/29/2016) (cla) (Entered: 11/29/2016)
2017-01-2627STATUS REPORT. and Request for Permission to File Further Status Report in 60 Days Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 01/26/2017)
2017-01-2728MEMO ENDORSEMENT on re: 27 Status Report filed by Transportation Security Administration. ENDORSEMENT: Granted. The parties shall submit a further status update on or before March 27, 2017. SO ORDERED. (Signed by Judge J. Paul Oetken on 1/27/2017) (ama) (Entered: 01/27/2017)
2017-03-2729STATUS REPORT. and Request for Permission to File Further Status Report or Proposed Disposition in 90 Days Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 03/27/2017)
2017-03-2930MEMO ENDORSEMENT on re: 29 Status Report filed by Transportation Security Administration. ENDORSEMENT: Granted. So Ordered. (Signed by Judge J. Paul Oetken on 3/29/2017) (ap) (Entered: 03/29/2017)
2017-05-3031LETTER addressed to Judge J. Paul Oetken from Mariko Hirose dated May 30, 2017 re: Withdrawing as Counsel for Plaintiffs. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Hirose, Mariko) (Entered: 05/30/2017)
2017-05-3132MEMO ENDORSEMENT: on re: 31 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge J. Paul Oetken on 5/31/2017). ****Attorney Mariko Hirose terminated. (ama) (Entered: 05/31/2017)
2017-06-2233STATUS REPORT. and Request for Permission to File Further Status Report or Proposed Disposition of the Case in 60 Days Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 06/22/2017)
2017-06-2634MEMO ENDORSEMENT: on re: 33 Status Report filed by Transportation Security Administration. ENDORSEMENT: Granted. So ordered. (Signed by Judge J. Paul Oetken on 6/23/2017) (ap) (Entered: 06/26/2017)
2017-08-2435STATUS REPORT. and Request for Permission to File Further Status Report or Proposed Disposition of the Case in 30 Days Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Handeyside, Hugh) (Entered: 08/24/2017)
2017-08-2536MEMO ENDORSEMENT on re: 35 Status Report filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: Granted. So Ordered. (Signed by Judge J. Paul Oetken on 8/25/17) (yv) (Entered: 08/25/2017)
2017-09-2537STATUS REPORT. and Request for Permission to File Further Status Report or Proposed Disposition of the Case in 30 Days Document filed by Transportation Security Administration.(Poscablo, Christine) (Entered: 09/25/2017)
2017-09-2838MEMO ENDORSEMENT: on re: 37 Status Report filed by Transportation Security Administration. ENDORSEMENT: Granted. The parties are directed to submit a status update by October 25, 2017. So ordered. (Signed by Judge J. Paul Oetken on 9/27/2017) (ap) (Entered: 09/28/2017)
2017-10-2339STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the ACLU and the Government, and subject to endorsement by the Court, that: The Government shall pay the ACLU the sum of forty-three thousand one hundred fifty-six dollars ($43,156) for attorneys' fees and litigation costs (the "Settlement Amount"). This payment shall constitute full and final satisfaction of any and all claims by the ACLU for attorneys' fees and litigant costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for the ACLU will provide the necessary information for the Government to effectuate the transfer; as set forth herein. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fess other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. (Signed by Judge J. Paul Oetken on 10/23/2017) (mro) (Entered: 10/23/2017)
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