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Case TitleAllen v. US Homeland of Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv09384
Date Filed2016-12-05
Date Closed2018-01-17
JudgeJudge Valerie E. Caproni
PlaintiffAllen E. Kaye
Case DescriptionAllen Kaye submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning Jaswinder Pal Singh. The agency acknowledged receipt of the request. The agency released eight pages in full and 11 pages in part, citing Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Kaye filed an administrative appeal and the agency released another 14 pages with redactions. Kaye then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-051COMPLAINT against US Homeland of Security. (Filing Fee $ 400.00, Receipt Number 0208-13059865)Document filed by Kaye E Allen. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons)(Piston, Michael) (Entered: 12/05/2016)
2016-12-052MOTION for Michael E. Piston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13059994. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Kaye E Allen. (Attachments: # 1 Good Standing, # 2 PHV Order)(Piston, Michael) (Entered: 12/05/2016)
2016-12-06>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 2 MOTION for Michael E. Piston to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-13059994. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 12/06/2016)
2016-12-06***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Michael E Piston to RE-FILE Document. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet; Civil Cover Sheet not signed. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF.. (dgo) (Entered: 12/06/2016)
2016-12-06***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Summons can only be issued to parties on the pleading;. 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. (dgo) (Entered: 12/06/2016)
2016-12-06***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Michael E Piston. The party information for the following party/parties has been modified: Kaye E Allen, US Homeland of Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (dgo) (Entered: 12/06/2016)
2016-12-06CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . (dgo) (Entered: 12/06/2016)
2016-12-06Magistrate Judge Andrew J. Peck is so designated. (dgo) (Entered: 12/06/2016)
2016-12-06Case Designated ECF. (dgo) (Entered: 12/06/2016)
2016-12-073ORDER FOR ADMISSION PRO HAC VICE granting 2 Motion for Michael Edward Piston to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 12/7/2016) (anc) (Entered: 12/08/2016)
2016-12-194NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/27/2017 at 10:00 AM in Courtroom 443, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, and as further set forth in this Order. (Signed by Judge Valerie E. Caproni on 12/19/2016) (rjm) (Entered: 12/20/2016)
2017-01-195LETTER addressed to Judge Valerie E. Caproni from Michael E. Piston dated 01/19/2017 re: Court's Order of 12/19/16. Document filed by Allen E. Kaye.(Piston, Michael) (Entered: 01/19/2017)
2017-01-196MEMO ENDORSEMENT on re: 5 Letter filed by Allen E. Kaye. ENDORSEMENT: Plaintiff must file a request for the issuance of a summons in order for the Clerk to issue a summons. The January 27, 2017, Initial Pretrial Conference is ADJOURNED to February 24, 2017 at 10:00 a.m. On or before February 16, 2017, the parties must file a joint letter as discussed in Paragraph 2 of the Notice of Initial Pretrial Conference [Dkt. 4]. (Initial Conference set for 2/24/2017 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 1/19/2017) (cf) (Entered: 01/20/2017)
2017-01-207CIVIL COVER SHEET filed. (Piston, Michael) (Entered: 01/20/2017)
2017-01-208FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - REQUEST FOR ISSUANCE OF SUMMONS as to Kaye v DHS, re: 1 Complaint. Document filed by Allen E. Kaye. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons)(Piston, Michael) Modified on 1/24/2017 (kl). (Entered: 01/20/2017)
2017-01-24***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 8 Request for Issuance of Summons. The filing is deficient for the following reason(s): ALL SUMMON REQUESTS MUST BE FILED SEPARATELY;. 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. (kl) (Entered: 01/24/2017)
2017-01-259NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of U.S. Department of Homeland Security. (Reddy, Kirti) (Entered: 01/25/2017)
2017-01-2510CIVIL COVER SHEET filed. (Piston, Michael) (Entered: 01/25/2017)
2017-01-2511FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Allen E. Kaye v DHS, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) Modified on 1/26/2017 (kl). (Entered: 01/25/2017)
2017-01-2512FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Allen E. Kaye v DHS, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) Modified on 1/26/2017 (kl). (Entered: 01/25/2017)
2017-01-2513FILING ERROR - DEFICIENT DOCKET ENTRY - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Allen E. Kaye v DHS, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) Modified on 1/26/2017 (kl). (Entered: 01/25/2017)
2017-01-26***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 11 Request for Issuance of Summons, 12 Request for Issuance of Summons, 13 Request for Issuance of Summons. The filing is deficient for the following reason(s): THE PARTIES AS TO WHOM THE REQUEST FOR ISSUANCE OF SUMMONS IS FOR IS INCORRECT. PLEASE SELECT THE INDIVIDUAL PARTY. ALSO, PARTIES CIVIL PROCESS CLERK AND ATTORNEY GENERAL ARE NOT PARTIES ON THE DOCKET NOR ON THE INITIAL PLEADING. SUMMONS ARE ONLY ISSUED TO THOSE PARTIES ON THE PLEADING. 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. (kl) (Entered: 01/26/2017)
2017-01-2614FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) Modified on 1/27/2017 (rch). (Entered: 01/26/2017)
2017-01-2615FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) Modified on 1/27/2017 (rch). (Entered: 01/26/2017)
2017-01-27***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 15 Request for Issuance of Summons, 14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): defendant's name must be entered as it appears on complaint;. 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. (rch) (Entered: 01/27/2017)
2017-01-2716REQUEST FOR ISSUANCE OF SUMMONS as to US Department of Homeland Security, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) (Entered: 01/27/2017)
2017-01-2717REQUEST FOR ISSUANCE OF SUMMONS as to US Department of Homeland Security, re: 1 Complaint. Document filed by Allen E. Kaye. (Piston, Michael) (Entered: 01/27/2017)
2017-01-3018ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (kl) (Entered: 01/30/2017)
2017-01-3019ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (kl) (Entered: 01/30/2017)
2017-02-1620FIRST LETTER addressed to Judge Valerie E. Caproni from Michael E. Piston & Kirti Reddy dated 02/16/2017 re: Initial Pre-Trial Conference. Document filed by Allen E. Kaye. (Attachments: # 1 Text of Proposed Order)(Piston, Michael) (Entered: 02/16/2017)
2017-02-1721LETTER addressed to Judge Valerie E. Caproni from Michael E. Piston dated 02/17/2017 re: Motion to Appear Telephonically at Hearing. Document filed by Allen E. Kaye. (Attachments: # 1 Exhibit Dr.'s letter.)(Piston, Michael) (Entered: 02/17/2017)
2017-02-2122MEMO ENDORSEMENT on re: 21 Letter filed by Allen E. Kaye. ENDORSEMENT: Request DENIED. The February 24, 2017, Initial Pretrial Conference is ADJOURNED to March 10, 2017, at 10:00 a.m., in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, NY 10007. ( Initial Conference set for 3/10/2017 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 2/21/2017) (kgo) (Entered: 02/21/2017)
2017-03-0623ANSWER to 1 Complaint. Document filed by U.S. Department of Homeland Security.(Reddy, Kirti) (Entered: 03/06/2017)
2017-03-0724ANSWER to 1 Complaint. Document filed by U.S. Department of Homeland Security.(Reddy, Kirti) (Entered: 03/07/2017)
2017-03-10Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 3/10/2017. See order for scheduling and deadlines so ordered by the Court. (Court Reporter Lisa Fellis) (Brantley, Michael) (Entered: 03/10/2017)
2017-03-1025ORDER: Pursuant to the March 10, 2017, Initial Pretrial Conference, IT IS HEREBY ORDERED that: 1. The Government must file their motion for summary judgment, in connection with a Vaughn Index, on or before May 19, 2017. Plaintiff must file his opposition brief on or before June 16, 2016. Defendants may file their reply brief on or before June 30, 2017. 2. No Civil Case Management Plan will be entered at this time. 3. At any time, the parties may request a referral to the SDNY Mediation Program or to Magistrate Judge Peck for a settlement conference. Motions due by 5/19/2017. Responses due by 6/16/2017 Replies due by 6/30/2017. (Signed by Judge Valerie E. Caproni on 3/10/2017) (kgo) (Entered: 03/10/2017)
2017-05-1926MOTION for Summary Judgment . Document filed by U.S. Department of Homeland Security.(Reddy, Kirti) (Entered: 05/19/2017)
2017-05-1927DECLARATION of Brian Welsh in Support re: 26 MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Reddy, Kirti) (Entered: 05/19/2017)
2017-05-1928MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security. (Reddy, Kirti) (Entered: 05/19/2017)
2017-06-1629LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from Michael E. Piston dated 06/16/2017. Document filed by Allen E. Kaye.(Piston, Michael) (Entered: 06/16/2017)
2017-06-1830MEMORANDUM OF LAW in Opposition re: 26 MOTION for Summary Judgment . . Document filed by Allen E. Kaye. (Attachments: # 1 Affidavit Declaration of Allen E. Kaye, # 2 Exhibit Decision, # 3 Affidavit Declaration of Jasvinder Pal Singh)(Piston, Michael) (Entered: 06/18/2017)
2017-06-1931ORDER granting 29 Letter Motion for Extension of Time. Application GRANTED. Plaintiff's opposition brief must be filed on or before June 19, 2017. The Government may file a reply brief on or before July 7, 2017. (Signed by Judge Valerie E. Caproni on 6/16/2017) (kgo) (Entered: 06/19/2017)
2017-06-19Set/Reset Deadlines: Responses due by 6/19/2017 Replies due by 7/7/2017. (kgo) (Entered: 06/19/2017)
2017-07-0632LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Kirti Reddy dated July 7, 2017. Document filed by U.S. Department of Homeland Security.(Reddy, Kirti) (Entered: 07/06/2017)
2017-07-0633ORDER granting 32 Letter Motion for Extension of Time to File Response/Reply re 26 MOTION for Summary Judgment . Application GRANTED. So Ordered. (Replies due by 7/21/2017.) (Signed by Judge Valerie E. Caproni on 7/6/17) (yv) (Entered: 07/06/2017)
2017-07-2134REPLY MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security. (Reddy, Kirti) (Entered: 07/21/2017)
2018-01-1735ORDER AND OPINION. DHS has met its burden of demonstrating that the document in question was properly withheld. Summary judgment is granted with respect to the witness statement (in addition to the documents as to which Plaintiff abandoned his objections), and thus granted in full. The Clerk of Court is instructed to terminate Docket Entry 26 and close the case. SO ORDERED. re: 26 MOTION for Summary Judgment filed by U.S. Department of Homeland Security. (Signed by Judge Valerie E. Caproni on 1/17/2018) (rjm) (Entered: 01/17/2018)
2018-01-17Transmission to Judgments and Orders Clerk. Transmitted re: 35 Memorandum & Opinion to the Judgments and Orders Clerk. (rjm) (Entered: 01/17/2018)
2018-01-1736CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated January 17, 2018, DHS has met its burden of demonstrating that the document in question was properly withheld. Summary judgment is granted with respect to the witness statement (in addition to the documents as to which Plaintiff abandoned his objections), and thus granted in full; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 1/17/2018) (Attachments: # 1 Right to Appeal)(km) (Entered: 01/17/2018)
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