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Case TitleColor of Change et al v. Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv08215
Date Filed2016-10-20
Date ClosedOpen
JudgeJudge William H. Pauley, III
PlaintiffColor of Change
PlaintiffCenter for Constitutional Rights
Case DescriptionColor of Change and the Center for Constitutional Rights submitted FOIA requests to the Department of Homeland Security and the FBI for records concerning the monitoring of public protests surrounding the Black Lives Matter movement. DHS referred the request to the Federal Emergency Management Agency and also responded with a few documents from its Office of Intelligence & Analysis. The organizations appealed the adequacy of the agency's search. The FBI acknowledged receipt of the request, but after hearing nothing further from either agency, the organizations filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-10-201COMPLAINT against Department of Homeland Security, Federal Bureau of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-12896998)Document filed by Color of Change, Center for Constitutional Rights. (Attachments: # 1 Exhibit Exhibits A-I)(Farah, Omar) (Entered: 10/20/2016)
2016-10-202CIVIL COVER SHEET filed. (Farah, Omar) (Entered: 10/20/2016)
2016-10-203FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security and Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) Modified on 10/21/2016 (pc). (Entered: 10/20/2016)
2016-10-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 10/21/2016)
2016-10-21Magistrate Judge Sarah Netburn is so designated. (pc) (Entered: 10/21/2016)
2016-10-21Case Designated ECF. (pc) (Entered: 10/21/2016)
2016-10-21***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Omar Ahmed Farah. The party information for the following party/parties has been modified: Department of Homeland Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc) (Entered: 10/21/2016)
2016-10-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name listed on the docket entry for the summons must exactly match what is listed on the complaint caption title. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 10/21/2016)
2016-10-214REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security and Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) (Entered: 10/21/2016)
2016-10-215NOTICE OF APPEARANCE by Ghita Schwarz on behalf of Center for Constitutional Rights, Color of Change. (Schwarz, Ghita) (Entered: 10/21/2016)
2016-10-246NOTICE OF APPEARANCE by Avidan Yehuda Cover on behalf of Center for Constitutional Rights, Color of Change. (Cover, Avidan) (Entered: 10/24/2016)
2016-10-247ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation, United States Department of Homeland Security. (rch) (Entered: 10/24/2016)
2016-10-248ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/20/2017 at 03:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/24/2016) (tro) (Entered: 10/25/2016)
2016-11-049NOTICE of Submission of Law Student Intern Appearance forms. Document filed by Center for Constitutional Rights, Color of Change. (Attachments: # 1 Exhibit Galen Baynes Law Student Intern Appearance Form, # 2 Exhibit Katelyn Pierce Law Student Intern Appearance Form, # 3 Exhibit Southern District of New York Plan for Student Practice in Civil Actions)(Cover, Avidan) (Entered: 11/04/2016)
2016-11-2210LETTER MOTION for Conference on FBI's Motion to Dismiss and Requesting an Extension of DHS's Deadline to Respond to the Complaint addressed to Judge William H. Pauley, III from Jennifer Jude dated 11/22/16. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 11/22/2016)
2016-11-3011FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference in Opposition to FBIs Motion to Dismiss addressed to Judge William H. Pauley, III from Omar Farah dated November 30, 2016. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) Modified on 12/22/2016 (db). (Entered: 11/30/2016)
2016-12-0212ORDER granting 10 Letter Motion for Conference on FBI's Motion to Dismiss and Requesting an Extension of DHS's Deadline to Respond to the Complaint. Application approved. Defendants' time to respond to the complaint is extended to December 27, 2016. The parties shall address the FBI's proposed motion at the initial pre-trial conference on January 20, 2017. (Signed by Judge William H. Pauley, III on 12/2/2016) (cla) (Entered: 12/05/2016)
2016-12-02Set/Reset Deadlines: Federal Bureau of Investigation answer due 12/27/2016; United States Department of Homeland Security answer due 12/27/2016. (cla) (Entered: 12/05/2016)
2016-12-0513LETTER MOTION for Extension of Time to File Answer re: 12 Order on Motion for Conference, addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 12/5/2016. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 12/05/2016)
2016-12-0514ORDER granting 13 Letter Motion for Extension of Time to Answer. Application approved. The FBI's deadline to file an answer is extended until after the Court has ruled on the FBI's proposed motion to dismiss. (Signed by Judge William H. Pauley, III on 12/5/2016) (mro) (Entered: 12/06/2016)
2016-12-2315ANSWER to 1 Complaint,. Document filed by United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 12/23/2016)
2017-01-1116AFFIDAVIT OF SERVICE of Summons and Complaint,. Federal Bureau of Investigation served on 10/26/2016, answer due 11/16/2016; United States Department of Homeland Security served on 10/26/2016, answer due 11/16/2016. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by Color of Change; Center for Constitutional Rights. (Farah, Omar) (Entered: 01/11/2017)
2017-01-1317JOINT LETTER addressed to Judge William H. Pauley, III from Tomoko Onozawa dated 1/13/17 re: Initial Pretrial Conference. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 01/13/2017)
2017-01-1818MEMO ENDORSEMENT on re: 17 Letter re: Initial Pretrial Conference, filed by United States Department of Homeland Security, Federal Bureau of Investigation. ENDORSEMENT: Application granted in part. Defendant FBI's time to file an answer is extended to January 27, 2017. The initial pre-trial conference scheduled for January 20, 2017 is adjourned to February 24, 2017 at 3:00 p.m. (Federal Bureau of Investigation answer due 1/27/2017. Initial Conference set for 2/24/2017 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/18/2017) (cla) (Entered: 01/18/2017)
2017-01-2719ANSWER to 1 Complaint,. Document filed by Federal Bureau of Investigation.(Onozawa, Tomoko) (Entered: 01/27/2017)
2017-02-1720FIRST LETTER MOTION for Conference Pretrial on February 24, 2017 addressed to Judge William H. Pauley, III from Avidan Y. Cover dated February 17, 2017. Document filed by Center for Constitutional Rights, Color of Change.(Cover, Avidan) (Entered: 02/17/2017)
2017-02-1721ORDER granting 20 Letter Motion for Conference. Application granted. (Signed by Judge William H. Pauley, III on 2/17/2017) (cla) (Entered: 02/17/2017)
2017-02-24Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 2/24/2017. (Entered: 03/03/2017)
2017-03-2322TRANSCRIPT of Proceedings re: CONFERENCE held on 2/24/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Carol Ganley, (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 4/13/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/21/2017.(McGuirk, Kelly) (Entered: 03/23/2017)
2017-03-2323NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 2/24/17 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: 03/23/2017)
2017-04-1924LETTER addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 4/19/2017 re: Joint Status Letter. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 04/19/2017)
2017-04-2025SCHEDULING ORDER: Status Conference set for 4/21/2017 at 01:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/20/2017) (cla) (Entered: 04/20/2017)
2017-04-2126SCHEDULING ORDER: The Office of Intelligence and Analysis shall produce its responsive documents at a rate of five hundred pages per month starting on May 22, 2017. The Federal Bureau of Investigation shall produce its responsive documents at a rate of 500 pages per month starting on May 31, 2017. The parties shall submit a joint status report by June 20, 2017. Status Conference set for 6/23/2017 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/21/2017) (cla) (Entered: 04/21/2017)
2017-04-21Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 4/21/2017. (Entered: 05/08/2017)
2017-04-2827FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Proposed Amended Order addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 4/28/2017. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) Modified on 6/6/2017 (ldi). (Entered: 04/28/2017)
2017-04-2828AMENDED SCHEDULING ORDER. The Court adopts the following schedule on consent: 1. The Office of intelligence and Analysis ("I&A") shall process 500 pages of responsive documents on or before May 22, 2017. I&A shall either process or produce (with the term and definition of processing or producing to be determined by consent of the parties or, if necessary, by further Order of this Court) all outstanding responsive documents at a rate of 500 pages per month thereafter. 2. The Federal Bureau of Investigation ("FBI") shall process 500 pages of responsive documents on or before May 31, 2017. FBI shall either process or produce (with the term and definition of processing or producing to be determined by consent of the parties or, if necessary, by further Order of this Court) all outstanding responsive documents at a rate of 500 pages per month thereafter. 3. The parties shall submit a joint status report by June 20, 2017. 4. The parties shall appear for a status conference on June 23, 2017 at 10:30 a.m. Granting 27 LETTER MOTION for Leave to File Proposed Amended Order addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 4/28/2017. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security. (Signed by Judge William H. Pauley, III on 4/28/2017) (rjm) (Entered: 04/28/2017)
2017-05-0529TRANSCRIPT of Proceedings re: conference held on 4/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Rose Prater, (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 5/26/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017.(McGuirk, Kelly) (Entered: 05/05/2017)
2017-05-0530NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/17 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: 05/05/2017)
2017-05-1231TRANSCRIPT of Proceedings re: CONFERENCE held on 4/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Rose Prater, (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 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017.(McGuirk, Kelly) (Entered: 05/12/2017)
2017-05-1232NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/17 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: 05/12/2017)
2017-06-2033JOINT LETTER addressed to Judge William H. Pauley, III from Tomoko Onozawa dated 6/20/17 re: Status Update. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 06/20/2017)
2017-06-2234LETTER MOTION to Adjourn Conference scheduled for June 23 2017 at 10:30 a.m., addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 6/22/2017. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 06/22/2017)
2017-06-2235ORDER: granting 34 Letter Motion to Adjourn Conference. Application granted. The status conference is adjourned to August 11, 2017 at 2:30 pm. Status Conference set for 8/11/2017 at 02:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/22/2017) (ap) (Entered: 06/22/2017)
2017-08-08***DELETED DOCUMENT. Deleted document number 38 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. The document was incorrectly filed in this case. (jwh) (Entered: 08/09/2017)
2017-08-0936SECOND LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Avidan Y. Cover dated August 9, 2017. Document filed by Color of Change.(Cover, Avidan) (Entered: 08/09/2017)
2017-08-0937ORDER granting 36 Letter Motion to Adjourn Conference: Application granted. The status conference scheduled for August 11, 2017 is adjourned to September 15, 2017 at 3:00 p.m. (Status Conference set for 9/15/2017 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/9/2017) (jwh) (Entered: 08/09/2017)
2017-09-1338THIRD LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from OMAR FARAH dated 9/13/2017. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 09/13/2017)
2017-09-1439ORDER granting 38 Letter Motion to Adjourn Conference. Application granted. The status conference scheduled for September 15, 2017 is adjourned October 13, 2017 at 10:00 a.m. SO ORDERED. (Status Conference set for 10/13/2017 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/14/2017) (anc) (Entered: 09/14/2017)
2017-10-1140FOURTH LETTER MOTION to Adjourn Conference Status addressed to Judge William H. Pauley, III from Avidan Y. Cover dated 10.11.2017. Document filed by Center for Constitutional Rights.(Cover, Avidan) (Entered: 10/11/2017)
2017-10-1241ORDER granting 40 Letter Motion to Adjourn Conference: Application granted. The status conference scheduled for October 13, 2017 is adjourned to November 21, 2017 at 10:30 a.m. (Status Conference set for 11/21/2017 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/12/2017) (jwh) (Entered: 10/12/2017)
2017-11-1742SCHEDULING ORDER: The status conference scheduled for November 21, 2017 is adjourned to December 7, 2017 at 11:30 a.m. SO ORDERED. (Status Conference set for 12/7/2017 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/17/2017) (anc) (Entered: 11/20/2017)
2017-12-0543FIFTH LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from OMAR FARAH dated 12/5/2017. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 12/05/2017)
2017-12-0644ORDER granting 43 FIFTH LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from OMAR FARAH dated 12/5/2017. Document filed by Center for Constitutional Rights, Color of Change. Application granted. The status conference scheduled for December 7, 2017 is adjourned to January 25, 2018 at 12:00 p.m.So ordered. (Status Conference set for 1/25/2018 at 12:00 PM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 12/6/2017) (rjm) (Entered: 12/06/2017)
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by FOIA Project Staff