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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
Opinion/Order [67]
FOIA Project Annotation: A federal court in New York has ruled that eight draft versions of a never-finalized intelligence assessment entitled "Growing Frequency of Race-Related Domestic Terrorist Violence" and an email related to them are protected by Exemption 5 (privileges). Color of Change and the Center for Constitutional Rights requested proposed intelligence assessments created in 2017 by an analyst at the Department of Homeland Security's Intelligence & Analysis Office concerning domestic terrorism. In response to the organizations' 2016 request, DHS initially indicated that it had found no responsive records. But in April 2017 after filing suit, the agency agreed to produce 500 pages per month. As a result, I&A made six rounds of disclosures. After reviewing the documents in camera, the court found they were protected by the deliberative process privilege. The court noted that "these papers, prepared by an analyst and intern, reflect the preliminary processes through which DHS policy is created. Release would reveal the give-and-take through which agencies ultimately reach their positions. It would display I&A's internal considerations on whether to issue the assessment and what form it should take." Color of Change argued that the final draft of the assessment constituted the agency's final decision on the issue. But the court observed that "Plaintiffs' conflation of a 'final' draft with a final agency assessment poses the very risk that the deliberative process privilege is meant to protect against " public confusion over agency official policy, which may chill frank and candid discussion among government employees." Color of Change challenged the agency's claim that factual and deliberative materials were inextricably intertwined. The court pointed out that "the factual materials do not exist in a vacuum. Rather, they are interwoven with the papers' policy judgments. Therefore, release would reveal the process by which 'factual material was assembled through an exercise of judgment in extracting pertinent material from a vast number of documents for the benefit of an official called upon to take discretionary action.'"
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional
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)
2018-01-2545SCHEDULING ORDER: The parties having appeared for a status conference on January 25, 2018, this Court adopts the following schedule on consent: 1. Plaintiffs shall file their proposed motion by March 2, 2018. 2. Defendants shall file any opposition papers by April 4, 2018. 3. Plaintiffs shall file any reply by April 18, 2018. 4. The parties shall appear for oral argument on May 4, 2018 at 11:00 a.m. (Motions due by 3/2/2018. Responses due by 4/4/2018 Replies due by 4/18/2018. Oral Argument set for 5/4/2018 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/25/2018) (jwh) (Entered: 01/25/2018)
2018-01-25Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 1/25/2018. (Entered: 02/02/2018)
2018-02-0946LETTER MOTION for Extension of Time for Briefing Schedule addressed to Judge William H. Pauley, III from Avidan Y. Cover dated February 9, 2018. Document filed by Center for Constitutional Rights, Color of Change.(Cover, Avidan) (Entered: 02/09/2018)
2018-02-0947ORDER: granting 46 Letter Motion for Extension of Time. Application granted. This Court adopts Plaintiffs' proposed briefing schedule. Oral argument is adjourned from May 4, 2018 to May 18, 2018 at 11:00 a.m. Motions due by 3/16/2018. Response due by 4/18/2018 Reply due by 5/2/2018. Oral argument set for 5/18/2018, at 11:00 A.M. (Signed by Judge William H. Pauley, III on 2/9/2018) (ap) (Entered: 02/09/2018)
2018-02-09Set/Reset Deadlines: (Responses due by 4/18/2018. Replies due by 5/2/2018., Set/Reset Hearings: (Oral Argument set for 5/18/2018 at 11:00 AM before Judge William H. Pauley III.) (ap) (Entered: 02/09/2018)
2018-03-0848TRANSCRIPT of Proceedings re: CONFERNECE held on 1/25/2018 before Judge Robert P. Patterson. 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 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018.(McGuirk, Kelly) (Entered: 03/08/2018)
2018-03-0849NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 1/25/18 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: 03/08/2018)
2018-03-1550NOTICE OF APPEARANCE by Stephanie Llanes on behalf of Center for Constitutional Rights, Color of Change. (Llanes, Stephanie) (Entered: 03/15/2018)
2018-03-1551MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM FOR ANTHONY CIRRANELLO, JR. 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. (Signed by Judge William H. Pauley, III on 3/15/2018) (jwh) (Entered: 03/16/2018)
2018-03-1552MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM FOR KRITHIKA RAJKUMAR. 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. (Signed by Judge William H. Pauley, III on 3/15/2018) (jwh) (Entered: 03/16/2018)
2018-03-1953LETTER addressed to Judge William H. Pauley, III from OMAR FARAH dated MARCH 19, 2018 re: Confirming March 19, 2018 filing of Summary Judgment Motion. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 03/19/2018)
2018-03-1954MOTION for Summary Judgment . Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 03/19/2018)
2018-03-1955MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment . . Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) (Entered: 03/19/2018)
2018-03-1956DECLARATION of OMAR FARAH in Support re: 54 MOTION for Summary Judgment .. Document filed by Center for Constitutional Rights, Color of Change. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 Document A, # 3 Exhibit 1 Document B, # 4 Exhibit 1 Document C, # 5 Exhibit 1 Document D, # 6 Exhibit 1 Document E, # 7 Exhibit 1 Document F, # 8 Exhibit 1 Document G, # 9 Exhibit 1 Document H, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 7 Document A, # 17 Exhibit 7 Document B, # 18 Exhibit 7 Document C, # 19 Exhibit 7 Document D, # 20 Exhibit 7 Document E, # 21 Exhibit 7 Document F, # 22 Exhibit 7 Document G, # 23 Exhibit 8)(Farah, Omar) (Entered: 03/19/2018)
2018-03-1957MEMO ENDORSEMENT on re: 53 Letter filed by Color of Change, Center for Constitutional Rights. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 3/19/2018) (jwh) (Entered: 03/19/2018)
2018-04-1858CROSS MOTION for Partial Summary Judgment . Document filed by United States Department of Homeland Security. Return Date set for 5/18/2018 at 11:00 AM.(Onozawa, Tomoko) (Entered: 04/18/2018)
2018-04-1859MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Partial Summary Judgment . and in Opposition to Plaintiffs' Motion for Partial Summary Judgment . Document filed by United States Department of Homeland Security. (Onozawa, Tomoko) (Entered: 04/18/2018)
2018-04-1860DECLARATION of Arthur R. Sepeta in Support re: 58 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Onozawa, Tomoko) (Entered: 04/18/2018)
2018-04-1961AMENDED MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Partial Summary Judgment . . Document filed by United States Department of Homeland Security. (Jude, Jennifer) (Entered: 04/19/2018)
2018-04-1962LETTER addressed to Judge William H. Pauley, III from Jennifer Jude dated 4/19/18 re: Corrected Memorandum of Law. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A -- Redline of Memorandum)(Jude, Jennifer) (Entered: 04/19/2018)
2018-05-0263REPLY MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment . . Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) (Entered: 05/02/2018)
2018-05-18Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 5/18/2018 re: 54 MOTION for Summary Judgment . filed by Color of Change, Center for Constitutional Rights, 58 CROSS MOTION for Partial Summary Judgment . filed by United States Department of Homeland Security. (Entered: 05/30/2018)
2018-05-2364MEMORANDUM & ORDER: At this time, this Court makes no judgment as to the adequacy of the Sepeta Declaration, and is mindful that its "inspection prerogative is not a substitute for the government's burden of proof." Halpern v. FBI, 181 F.3d 279, 295 (2d Cir. 1999). Accordingly, DHS shall provide this Court with the documents underlying the parties' cross motions for summary judgment for in camera review by June 6, 2018. SO ORDERED. (Signed by Judge William H. Pauley, III on 5/23/2018) (ama) (Entered: 05/23/2018)
2018-06-1165TRANSCRIPT of Proceedings re: ARRAINGMENT held on 5/18/2018 before Judge William H. Pauley, III. Court Reporter/Transcriber: Karen Gorlaski, (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 7/2/2018. Redacted Transcript Deadline set for 7/12/2018. Release of Transcript Restriction set for 9/10/2018.(McGuirk, Kelly) (Entered: 06/11/2018)
2018-06-1166NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/18/18 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: 06/11/2018)
2018-07-0967OPINION & ORDER re: 54 MOTION for Summary Judgment; 58 CROSS MOTION for Partial Summary Judgment: For the foregoing reasons, DHS's motion for partial summary judgment is granted and Plaintiffs' motion for partial summary judgment is denied. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 54 and 58. The parties are directed to submit a joint status report by August 8, 2018. (Signed by Judge William H. Pauley, III on 7/9/2018) (jwh) (Entered: 07/09/2018)
2018-08-0768PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security. (Onozawa, Tomoko) (Entered: 08/07/2018)
2018-08-0769STATUS REPORT. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 08/07/2018)
2018-08-0870MEMO ENDORSEMENT on re: 69 Status Report filed by United States Department of Homeland Security, Federal Bureau of Investigation. ENDORSEMENT: Application granted. This Court adopts the parties' proposed deadlines. (Signed by Judge William H. Pauley, III on 8/8/2018) (jwh) (Entered: 08/09/2018)
2018-08-0871STIPULATION AND ORDER OF PARTIAL DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties as follows: 1. In addition to any and all claims relating to the Challenged Documents, which were addressed by the July 9th Order, the following claims in this action are dismissed with prejudice: any and all claims seeking the release of documents other than the Challenged Documents; any and all challenges to the adequacy of Defendants' search for records responsive to the FOIA Requests; and any and all challenges to Defendants' assertion of any exemption applied to documents other than the Challenged Documents. 2. The sole remaining unresolved claim in this action is Plaintiffs' demand or potential demand for an award of attorneys' fees, as to which all parties reserve all rights and defenses. Nothing in this Stipulation modifies the substantive legal standard otherwise applicable under law governing Plaintiffs' potential claim for attorneys' fees. (Signed by Judge William H. Pauley, III on 8/8/2018) (jwh) (Entered: 08/09/2018)
2018-09-2772JOINT LETTER MOTION for Extension of Time to File Status Report addressed to Judge William H. Pauley, III from Jennifer Jude dated 9/27/18. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 09/27/2018)
2018-09-2873ORDER granting 72 Letter Motion for Extension of Time: Application granted. (Signed by Judge William H. Pauley, III on 9/28/2018) (jwh) (Entered: 09/28/2018)
2018-10-2974SECOND LETTER MOTION for Extension of Time to file Status Report addressed to Judge William H. Pauley, III from Omar Farah dated October 29, 2018. Document filed by Center for Constitutional Rights.(Farah, Omar) (Entered: 10/29/2018)
2018-10-3075ORDER granting 74 Motion for Extension of Time: SO ORDERED. (Signed by Judge William H. Pauley, III on 10/30/2018) (jwh) (Entered: 10/30/2018)
2018-11-2676THIRD LETTER MOTION for Extension of Time to File Status Report addressed to Judge William H. Pauley, III from Jennifer Jude dated 11/26/18. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 11/26/2018)
2018-11-2877ORDER granting 76 Letter Motion for Extension of Time: Application granted. (Signed by Judge William H. Pauley, III on 11/28/2018) (jwh) (Entered: 11/29/2018)
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