Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of State must expedite the processing of the Brennan Center's FOIA request for six documents concerning President Trump's travel ban within a month. After the Trump administration issued its second travel ban, the Brennan Center sent a multi-part request to the State Department, which granted its request for expedited processing. Although the request was referred to the Department of Homeland Security as well, only six identified documents were currently at issue. After the agency had not responded in six months, the Brennan Center filed suit to force the agency to expedite its request, asking the court to order the agency to disclose the records within 21 days and provide a Vaughn index as well. The agency argued the Brennan Center's timeline was not practicable because parts of its request had been referred to DHS, the records pertained to national security, and there was no legal obligation for the agency to provide a Vaughn index before it submitted its summary judgment motion. The court pointed out that "it has now been nearly six months since Plaintiff's FOIA request was submitted, and nothing has been produced. Nor is there any schedule for production. Accordingly, the presumption of agency delay applies." Turning to the State Department's claims, the court noted that "as an initial matter, Defendant cannot evade responsibility for failing to produce the requested records by referring the request to DHS or other Executive Branch components for review." The court pointed out that "moreover, Defendant's claim that Plaintiff's request is 'broad and complex' and 'burdensome' in light of the State Department's backlog of FOIA requests is not supported by the records. Although Defendant argues that Plaintiff's FOIA request contains twenty-three sub-parts, Defendant has conceded that Plaintiff is seeking 'only a subset of [these] records in this litigation' and that only 'six documents' are actually in dispute. . .Accordingly, Defendant has not demonstrated that production of the non-exempt portions of the six documents at issue â€" with an explanation as to which exemptions apply to material that is withheld â€" would be overly burdensome." On the issue of a Vaughn index, the court observed that "while 'a Vaughn Index is not. . .required. . . "where it is not [necessary] to restore the traditional adversary process" â€" because the 'requestor has acquired sufficient facts to permit the adversary process to function' â€" here the State Department has provided no information regarding the exemptions it plans to claim." The court concluded that "because (1) Plaintiff has demonstrated that its FOIA request merits expedited treatment, and (2) Defendant has not rebutted the presumption of agency delay, Plaintiff's motion to expedite will be granted." The court ordered the agency to produce non-exempt records and a Vaughn index by Feb. 3.
Issues: Expedited processing

Date Filed	Doc #	Docket Text
2017-10-02	1	COMPLAINT against United States Department of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14196219)Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A, September 24, 2017 Proclamation by President Trump, # 2 Exhibit B, FOIA Request, # 3 Exhibit C, Interim Response by Department of State, # 4 Exhibit D, August 24, 2017 Email from L. Qadir to Department of State, # 5 Exhibit E, August 28, 2017 Email from Department of State to L. Qadir)(Roman, Neil) (Entered: 10/02/2017)
2017-10-02	2	CIVIL COVER SHEET filed. (Roman, Neil) (Entered: 10/02/2017)
2017-10-02	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 10/02/2017)
2017-10-02	4	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,,. Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 10/02/2017)
2017-10-03		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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 . (kl) (Entered: 10/03/2017)
2017-10-03		Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (kl) (Entered: 10/03/2017)
2017-10-03		Case Designated ECF. (kl) (Entered: 10/03/2017)
2017-10-03	5	ELECTRONIC SUMMONS ISSUED as to United States Department of State. (kl) (Entered: 10/03/2017)
2017-10-11	6	MOTION for Mark H. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14231385. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A, Certificate of Good Standing, # 2 Exhibit B, Proposed Order, # 3 Exhibit C, Declaration of Mark H. Lynch)(Lynch, Mark) (Entered: 10/11/2017)
2017-10-11	7	NOTICE OF APPEARANCE by Johnathan James Smith on behalf of Brennan Center For Justice At New York University School Of Law. (Smith, Johnathan) (Entered: 10/11/2017)
2017-10-12		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 6 MOTION for Mark H. Lynch to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14231385. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/12/2017)
2017-10-12	8	MOTION for Jaclyn E. Martinez Resly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14236576. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A, District of Columbia Certificate of Good Standing, # 2 Exhibit B, Texas Certificate of Good Standing, # 3 Exhibit C, Proposed Order, # 4 Exhibit D, Declaration of Jaclyn E. Martinez Resly)(Martinez Resly, Jaclyn) (Entered: 10/12/2017)
2017-10-12		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Jaclyn E. Martinez Resly to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14236576. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 10/12/2017)
2017-10-17		NOTICE OF CASE REASSIGNMENT to Judge Paul G. Gardephe. Judge John G. Koeltl is no longer assigned to the case. (bcu) (Entered: 10/17/2017)
2017-10-19	9	ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Jaclyn E. Martinez Resly to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/19/2017) (cf) (Entered: 10/19/2017)
2017-10-19	10	ORDER FOR ADMISSION PRO HAC VICE granting 6 Motion for Mark H. Lynch to Appear Pro Hac Vice. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/19/2017) (cf) (Entered: 10/19/2017)
2017-10-19	11	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 12 Affidavit) - AFFIDAVIT OF SERVICE of Summons and Complaint served. United States Department of State served on 10/3/2017, answer due 12/4/2017. Service was made by Certified Mail. Document filed by Brennan Center For Justice At New York University School Of Law. (Martinez Resly, Jaclyn) Modified on 10/20/2017 (db). As per ecf_error email correspondence received on 1/20/17 @ 11:39am. (Entered: 10/19/2017)
2017-10-20	12	AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint,, served. United States Department of State served on 10/3/2017, answer due 11/2/2017. Service was made by Certified Mail. Document filed by Brennan Center For Justice At New York University School Of Law. (Martinez Resly, Jaclyn) (Entered: 10/20/2017)
2017-10-25	13	NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 1/4/2018 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe, as further set forth in this order. (Signed by Judge Paul G. Gardephe on 10/25/2017) (jwh) (Entered: 10/25/2017)
2017-10-27	14	MOTION for Richard Brian Katskee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14298668. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 certificates of good standing, # 2 Text of Proposed Order proposed order, # 3 Affidavit declaration in support)(Katskee, Richard) (Entered: 10/27/2017)
2017-10-30		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Richard Brian Katskee to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14298668. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 10/30/2017)
2017-11-06	15	NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of United States Department of State. (Connolly, Christopher) (Entered: 11/06/2017)
2017-11-06	16	ANSWER to 1 Complaint,,. Document filed by United States Department of State.(Connolly, Christopher) (Entered: 11/06/2017)
2017-11-06	17	ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Richard B. Katskee to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Paul G. Gardephe on 11/6/17) (yv) (Entered: 11/07/2017)
2017-11-09	18	MOTION for Andrew Lieb Nellis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346783. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Certificate of good standing, # 2 Text of Proposed Order granting admission, # 3 Affidavit in support)(Nellis, Andrew) (Entered: 11/09/2017)
2017-11-09	19	MOTION for Eric Jonathan Rothschild to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14348344. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Certificates of good standing, # 2 Text of Proposed Order granting admission, # 3 Affidavit in support)(Rothschild, Eric) (Entered: 11/09/2017)
2017-11-13		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Eric Jonathan Rothschild to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14348344. Motion and supporting papers to be reviewed by Clerk's Office staff. , 18 MOTION for Andrew Lieb Nellis to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14346783. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/13/2017)
2017-11-16	20	ORDER FOR ADMISSION PRO HAC VICE: granting 19 Motion for Eric Jonathan Rothschild to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/15/2017) (ama) (Entered: 11/16/2017)
2017-11-16	21	ORDER FOR ADMISSION PRO HAC VICE: granting 18 Motion for Andrew Lieb Nellis to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 11/15/2017) (ama) (Entered: 11/16/2017)
2017-12-21	22	MOTION to Expedite Freedom of Information Act Action . Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 12/21/2017)
2017-12-21	23	MEMORANDUM OF LAW in Support re: 22 MOTION to Expedite Freedom of Information Act Action . . Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 12/21/2017)
2017-12-21	24	DECLARATION of Jaclyn E. Martinez Resly in Support re: 22 MOTION to Expedite Freedom of Information Act Action .. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A - October 26, 2017 E-mail, # 2 Exhibit B - November 1, 2017 E-mail, # 3 Exhibit C - November 7, 2017 E-mail, # 4 Exhibit D - November 7, 2017 E-mail Reply, # 5 Exhibit E - November 10, 2017 E-mail, # 6 Exhibit F- November 15, 2017 E-mail, # 7 Exhibit G - November 17, 2017 E-mail, # 8 Exhibit H - November 21, 2017 E-mail, # 9 Exhibit I - November 22, 2017 E-mail, # 10 Exhibit J - November 29, 2017 E-mail, # 11 Exhibit K - Proposed Order)(Martinez Resly, Jaclyn) (Entered: 12/21/2017)
2017-12-21	25	MEMORANDUM OF LAW in Opposition re: 22 MOTION to Expedite Freedom of Information Act Action . . Document filed by United States Department of State. (Connolly, Christopher) (Entered: 12/21/2017)
2017-12-21	26	DECLARATION of Eric F. Stein in Opposition re: 22 MOTION to Expedite Freedom of Information Act Action .. Document filed by United States Department of State. (Attachments: # 1 Exhibit 1)(Connolly, Christopher) (Entered: 12/21/2017)
2017-12-21	27	REPLY MEMORANDUM OF LAW in Support re: 22 MOTION to Expedite Freedom of Information Act Action . . Document filed by Brennan Center For Justice At New York University School Of Law. (Martinez Resly, Jaclyn) (Entered: 12/21/2017)
2017-12-27	28	JOINT LETTER addressed to Judge Paul G. Gardephe from Neil K. Roman dated December 27, 2017 Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 12/27/2017)
2017-12-29	29	NOTICE OF APPEARANCE by Sirine Shebaya on behalf of Brennan Center For Justice At New York University School Of Law. (Shebaya, Sirine) (Entered: 12/29/2017)
2018-01-04		Minute Entry for proceedings held before Judge Paul G. Gardephe: Telephone Conference held on 1/4/2018. (mr) (Entered: 01/08/2018)
2018-01-10	30	MEMORANDUM OPINION & ORDER re: 22 MOTION to Expedite Freedom of Information Act Action filed by Brennan Center For Justice At New York University School Of Law. For the reasons stated above, Plaintiff's motion to expedite is granted. Defendant will produce all non-exempt materials and a declaration-consistent with Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973)-explaining what exemptions apply to any materials withheld. Both the production of non-exempt materials and the Vaughn index will be produced by February 9, 2018. The Clerk of the Court is directed to terminate the motion (Dkt. No. 22). (Signed by Judge Paul G. Gardephe on 1/10/2018) (mro) (Entered: 01/10/2018)
2018-02-23	31	LETTER addressed to Judge Paul G. Gardephe from AUSA Christopher Connolly dated February 23, 2018 re: government's request for leave to file motion for summary judgment. Document filed by United States Department of State. (Attachments: # 1 Exhibit)(Connolly, Christopher) (Entered: 02/23/2018)
2018-02-28	32	LETTER addressed to Judge Paul G. Gardephe from Jaclyn E. Martinez Resly dated February 28, 2018 re: Defendant's Request for Leave to Move for Summary Judgment. Document filed by Brennan Center For Justice At New York University School Of Law.(Martinez Resly, Jaclyn) (Entered: 02/28/2018)
2018-02-28	33	ORDER. It is hereby ORDERED that the following schedule will apply to Plaintiff's motion to compel a Vaughn index: 1. Plaintiff's motion is due on March 08, 2018; 2. Defendant's opposition is due on March 15, 2018. So ordered. (Motions due by 3/8/2018. Responses due by 3/15/2018) (Signed by Judge Paul G. Gardephe on 2/28/2018) (rjm) (Entered: 03/01/2018)
2018-03-15	34	MOTION to Compel United States Department of State to Comply with the Court's January 10, 2018 Order . Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 03/15/2018)
2018-03-15	35	MEMORANDUM OF LAW in Support re: 34 MOTION to Compel United States Department of State to Comply with the Court's January 10, 2018 Order . . Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 03/15/2018)
2018-03-15	36	MEMORANDUM OF LAW in Opposition re: 34 MOTION to Compel United States Department of State to Comply with the Court's January 10, 2018 Order . . Document filed by United States Department of State. (Connolly, Christopher) (Entered: 03/15/2018)
2018-04-16	37	ORDER denying 34 Letter Motion to Compel. For the reasons stated above, Plaintiff's motion to compel is denied. The Clerk of the Court is directed to terminate the motion (Dkt. No. 34). (Signed by Judge Paul G. Gardephe on 4/16/2018) (mro) (Entered: 04/17/2018)
2018-04-16		Set/Reset Deadlines: Cross Motions due by 6/28/2018. Responses due by 7/12/2018 Replies due by 7/22/2018. (mro) (Entered: 06/12/2018)
2018-06-26	38	JOINT LETTER MOTION for Extension of Time to Complete Briefing on the Parties' Cross-Motions for Summary Judgment addressed to Judge Paul G. Gardephe from Neil K. Roman dated June 26, 2018. Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 06/26/2018)
2018-06-29	39	ORDER granting 38 Letter Motion for Extension of Time. The application is granted. (Signed by Judge Paul G. Gardephe on 6/29/2018) (tro) (Entered: 06/29/2018)
2018-06-29		Set/Reset Deadlines as to Responses due by 7/23/2018 Replies due by 8/2/2018. (tro) (Entered: 06/29/2018)
2018-07-05	40	NOTICE OF APPEARANCE by Ishita Kala on behalf of Brennan Center For Justice At New York University School Of Law. (Kala, Ishita) (Entered: 07/05/2018)
2018-08-01	41	MOTION for Kevin Barnett to Appear Pro Hac Vice as Counsel for Plaintiff . Filing fee $ 200.00, receipt number 0208-15395145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A - DC Certificate of Good Standing, # 2 Exhibit B - MA Certificate of Good Standing, # 3 Exhibit C - Proposed Order, # 4 Exhibit D - Declaration of Kevin Barnett)(Barnett, Kevin) (Entered: 08/01/2018)
2018-08-01		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 41 MOTION for Kevin Barnett to Appear Pro Hac Vice as Counsel for Plaintiff . Filing fee $ 200.00, receipt number 0208-15395145. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 08/01/2018)
2018-08-02	42	ORDER FOR ADMISSION PRO HAC VICE: granting 41 Motion for Kevin Barnett to Appear Pro Hac Vice. So Ordered. (Signed by Judge Paul G. Gardephe on 8/2/2018) (js) (Entered: 08/02/2018)
2018-08-02	43	MOTION for Summary Judgment . Document filed by United States Department of State.(Connolly, Christopher) (Entered: 08/02/2018)
2018-08-02	44	MEMORANDUM OF LAW in Support re: 43 MOTION for Summary Judgment . . Document filed by United States Department of State. (Connolly, Christopher) (Entered: 08/02/2018)
2018-08-02	45	DECLARATION of Eric F. Stein in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of State. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Connolly, Christopher) (Entered: 08/02/2018)
2018-08-02	46	DECLARATION of James V.M.L. Holzer in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of State. (Connolly, Christopher) (Entered: 08/02/2018)
2018-08-02	47	DECLARATION of David M. Hardy in Support re: 43 MOTION for Summary Judgment .. Document filed by United States Department of State. (Connolly, Christopher) (Entered: 08/02/2018)
2018-08-02	48	CROSS MOTION for Partial Summary Judgment . Document filed by Brennan Center For Justice At New York University School Of Law.(Roman, Neil) (Entered: 08/02/2018)
2018-08-02	49	MEMORANDUM OF LAW in Support re: 48 CROSS MOTION for Partial Summary Judgment . and in Opposition to Defendant's Motion for Summary Judgment . Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 08/02/2018)
2018-08-02	50	DECLARATION of Ishita Kala in Support re: 48 CROSS MOTION for Partial Summary Judgment .. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Appendix of Exhibits, # 2 Exhibit 01 Berman 2/9/18 Letter to Roman, # 3 Exhibit 02 Stein Decl Ex 2_A1b, # 4 Exhibit 03 NBC Donald Trump's Plan for a Muslim Database Draws Comparisons to Nazi Germany, # 5 Exhibit 04 2015.12.07 Donald J. Trump Statement on Preventing Muslim Immigration, # 6 Exhibit 05 2015.12.08 MSNBC - Donald Trump on Muslim Travel Ban, # 7 Exhibit 06 2016.03.09 CNN - Anderson Cooper 360 Degrees Transcript, # 8 Exhibit 07 2016.10.09 The American Presidency Project, Presidential Debate at Washington Univ. in St. Louis, # 9 Exhibit 08 Exec. Order No. 13,769, 82 Fed. Reg. 8977 (Jan. 27, 2017), # 10 Exhibit 09 2017.01.29 Giuliani - Trump asked me how to do a Muslim ban legally, # 11 Exhibit 10 2017.01.29 N.Y. Times - How Trumps Rush to Enact an Immigration Ban, # 12 Exhibit 11 NYT_Trump's Immigration Ban Who is Barred and Who is Not, # 13 Exhibit 12 Exec. Order No. 13,780, 82 Fed. Reg. 13,209 (Mar. 9, 2017), # 14 Exhibit 13 DOD - Citizenship Likely an Unreliable Indicator of Terrorist Threat to the United States, # 15 Exhibit 14 Maintaining Enhanced Vetting Capabilities, # 16 Exhibit 15 Harsha Panduranga, et al., Extreme Vetting & the Muslim Ban, Brennan Ctr. for J. (2017), # 17 Exhibit 16 Transcript of Oral Argument at 3, Trump v. Hawaii, 138 S. Ct. 923 (2018) (No. 17-965), # 18 Exhibit 17 Fact Sheet - Proclamation on Enhancing Vetting Capabilities and Processes for Detecting (2017.09.24), # 19 Exhibit 18 Fact Sheet - President Donald J. Trump Strengthens Security Standards For Traveling to Am (2017.09.24), # 20 Exhibit 19 FAQ_ Proclamation on Enhancing Vetting Capabilities and Processes for Detect, # 21 Exhibit 20 2017.09.24 President Donald J. Trump Announces Enhanced National Security Measures Press, # 22 Exhibit 21 2017.09.26 State Dept News Briefing, # 23 Exhibit 22 Application (17A560) for Stay Pending App. to the U.S. Ct. App. 4th Cir. at 5, Trump v. IRAP, # 24 Exhibit 23 Oral Argument at 1.56.45, Intl Refugee Assistance Proj. v. Trump, 857 F.3d 554 (2017) (No. 17-1351), # 25 Exhibit 24 2017.07.12 Reuters - Elizabeth Culliford, Exlusive U.S. Demands Nations Provide More Traveler Data, # 26 Exhibit 25 2017.01.27 CBN News - Brody File Exclusive - President Trump Says Persecuted Christians Will Be Given, # 27 Exhibit 26 Donald Trump (@realDonaldTrump), Twitter (June 5, 2017, 3.29 a.m.), # 28 Exhibit 27 2017.03.15 CNN - Second Defeat for the White House on the Presidents Travel Ban, # 29 Exhibit 28 Br. for Pet., Trump v. Haw., No. 17-965 (Feb. 2018), # 30 Exhibit 29 Reply Brief for the Petitioners Trump v. Hawaii)(Roman, Neil) (Entered: 08/02/2018)
2018-08-02	51	RULE 56.1 STATEMENT. Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 08/02/2018)
2018-08-02	52	MEMORANDUM OF LAW in Opposition re: 48 CROSS MOTION for Partial Summary Judgment . and in further support of the government's motion for summary judgment . Document filed by United States Department of State. (Connolly, Christopher) (Entered: 08/02/2018)
2018-08-02	53	CERTIFICATE OF SERVICE of Plaintiff's Cross-Motion for Partial Summary Judgment and Opposition to Defendant's Motion for Summary Judgment served on Defendant on July 9, 2018. Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 08/02/2018)
2018-08-02	54	REPLY MEMORANDUM OF LAW in Support re: 48 CROSS MOTION for Partial Summary Judgment . . Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 08/02/2018)
2018-08-02	55	DECLARATION of Ishita Kala in Support re: 48 CROSS MOTION for Partial Summary Judgment .. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit 30 - Dep't of Justice, OIP Guidance)(Roman, Neil) (Entered: 08/02/2018)
2018-08-02	56	CERTIFICATE OF SERVICE of Reply in Further Support of Plaintiff's Cross-Motion for Partial Summary Judgment served on Defendant on August 2, 2018. Document filed by Brennan Center For Justice At New York University School Of Law. (Roman, Neil) (Entered: 08/02/2018)
2018-08-15	57	MOTION for Eric Jonathan Rothschild to Withdraw as Attorney . Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Affidavit of Richard Katskee)(Katskee, Richard) (Entered: 08/15/2018)
2018-08-15	58	PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Brennan Center For Justice At New York University School Of Law. Related Document Number: 57 . (Katskee, Richard) (Entered: 08/15/2018)
2018-08-16	59	ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL 57 Motion to Withdraw as Attorney. The motion of Eric Rothschild for leave to withdraw as counsel for Plaintiff in the above-captioned action is before the Court. The Court orders that the motion is granted and that Eric Rothschild has withdrawn as counsel for Plaintiff, effective on today's date. Attorney Eric Jonathan Rothschild terminated (Signed by Judge Paul G. Gardephe on 8/15/2018) (cf) (Entered: 08/16/2018)
2018-08-16	60	MOTION for Andrew Lieb Nellis to Withdraw as Attorney . Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Affidavit of Andrew L. Nellis)(Nellis, Andrew) (Entered: 08/16/2018)
2018-08-16	61	PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Brennan Center For Justice At New York University School Of Law. Related Document Number: 60 . (Nellis, Andrew) (Entered: 08/16/2018)
2018-08-17	62	ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL 60 Motion to Withdraw as Attorney. The motion of Andrew L. Nellis for leave to withdraw as counsel for Plaintiff in the above-captioned action is before the Court. The Court orders that the motion is granted and that Andrew L. Nellis has withdrawn as counsel for Plaintiff, effective on today's date. Attorney Andrew Lieb Nellis terminated (Signed by Judge Paul G. Gardephe on 8/17/2018) (cf) (Entered: 08/17/2018)
2018-08-29	63	NOTICE OF CHANGE OF ADDRESS by Sirine Shebaya on behalf of Brennan Center For Justice At New York University School Of Law. New Address: MUSLIM ADVOCATES, PO Box 34440, Washington, DC, USA 20043, (202) 897-2622. (Shebaya, Sirine) (Entered: 08/29/2018)
2018-08-29	64	NOTICE OF CHANGE OF ADDRESS by Johnathan James Smith on behalf of Brennan Center For Justice At New York University School Of Law. New Address: Muslim Advocates, PO Box 34440, Washington, DC, USA 20043, (202) 897-2622. (Smith, Johnathan) (Entered: 08/29/2018)
2018-12-27	65	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ne) (Entered: 01/07/2019)
2018-12-27		Case Stayed (ne) (Entered: 01/17/2019)
2019-02-01	66	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Johnathan James Smith to Withdraw as Attorney . Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Affidavit of Johnathan Smith)(Smith, Johnathan) Modified on 2/12/2019 (ldi). (Entered: 02/01/2019)
2019-02-01	67	PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Brennan Center For Justice At New York University School Of Law. Related Document Number: 66 . (Smith, Johnathan) (Entered: 02/01/2019)
2019-02-05	68	ORDER GRANTING MOTION FOR LEAVE TO WITHDRAW AS COUNSEL granting 66 Motion to Withdraw as Attorney. The motion of Johnathan Smith for leave to withdraw as counsel for Plaintiff in the above-captioned action is before the Court. The Court orders that the motion is granted and thatJohnathan Smith has withdrawn as counsel for Plaintiff, effective on today's date. Attorney Johnathan James Smith terminated. (Signed by Judge Paul G. Gardephe on 2/5/2019) (jca) (Entered: 02/05/2019)
2019-02-26	69	LETTER addressed to Judge Paul G. Gardephe from Jaclyn E. Martinez Resly dated February 26, 2019 re: Withdrawal of Appearance. Document filed by Brennan Center For Justice At New York University School Of Law.(Martinez Resly, Jaclyn) (Entered: 02/26/2019)
2019-02-28	70	MEMO ENDORSEMENT on re: 69 Letter filed by Brennan Center For Justice At New York University School Of Law. ENDORSEMENT: SO ORDERED. (Attorney Jaclyn E. Martinez Resly terminated.) (Signed by Judge Paul G. Gardephe on 2/28/2019) (rro) (Entered: 03/01/2019)
2019-03-29	71	ORDER denying without prejudice to renewal by formal motion 43 Motion for Summary Judgment; granting in part to the extent and denying without prejudice in part 48 Motion for Partial Summary Judgment. For the reasons stated above, Plaintiff's motion for partial summary judgment is granted to the extent it requests that the Court order in camera review of the requested records to determine the applicability of the presidential communication privilege. The remainder of Plaintiffs motion is denied without prejudice, pending this Court's in camera review. Defendant's motion for summary judgment is denied without prejudice to renewal of the motion following the Court's in camera review. Defendant will provide the Court with copies of the five documents at issue in this case by April 8, 2019. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 43, 48). SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/29/2019) (anc) (Entered: 04/01/2019)
2019-04-05	72	LETTER MOTION for Extension of Time to submit records for in camera review addressed to Judge Paul G. Gardephe from AUSA Christopher Connolly dated April 5, 2019. Document filed by United States Department of State.(Connolly, Christopher) (Entered: 04/05/2019)
2019-04-05	73	ORDER granting 72 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/5/2019) (jca) (Entered: 04/05/2019)
2019-04-15	74	LETTER addressed to Judge Paul G. Gardephe from AUSA Christopher Connolly dated April 15, 2019 re: lodging of records for ex parte, in camera review. Document filed by United States Department of State.(Connolly, Christopher) (Entered: 04/15/2019)
2019-08-17	75	LETTER addressed to Judge Paul G. Gardephe from Sirine Shebaya dated August 17, 2019 re: Withdrawal of appearance. Document filed by Brennan Center For Justice At New York University School Of Law.(Shebaya, Sirine) (Entered: 08/17/2019)
2019-08-17	76	AMENDED LETTER addressed to Judge Paul G. Gardephe from Sirine Shebaya dated August 17, 2019 re: Withdrawal of appearance. Document filed by Brennan Center For Justice At New York University School Of Law.(Shebaya, Sirine) (Entered: 08/17/2019)
2019-08-20	77	MEMO ENDORSEMENT on re: 76 Letter Withdrawal of appearance, filed by Brennan Center For Justice At New York University School Of Law. ENDORSEMENT: So Ordered., (Attorney Sirine Shebaya terminated.) (Signed by Judge Paul G. Gardephe on 8/20/19) (yv) (Entered: 08/20/2019)
2020-03-02	78	NOTICE OF CHANGE OF ADDRESS by Neil Kenneth Roman on behalf of Brennan Center For Justice At New York University School Of Law. New Address: Covington & Burling LLP, One CityCenter, 850 Tenth Street, NW, Washington, District of Columbia, 20001, 202-662-6000..(Roman, Neil) (Entered: 03/02/2020)
2020-07-30	79	LETTER addressed to Judge Paul G. Gardephe from Neil K. Roman dated July 30, 2020 Document filed by Brennan Center For Justice At New York University School Of Law..(Roman, Neil) (Entered: 07/30/2020)
2021-04-19	80	LETTER addressed to Judge Paul G. Gardephe from Kevin T. Barnett dated April 19, 2021 re: Withdrawal as Attorney. Document filed by Brennan Center For Justice At New York University School Of Law..(Barnett, Kevin) (Entered: 04/19/2021)
2021-04-20	81	MEMO ENDORSEMENT on re: 80 Letter filed by Brennan Center For Justice At New York University School Of Law, ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/20/2021) Attorney Kevin Barnett terminated. (ks) (Entered: 04/20/2021)
2022-01-19	82	NOTICE OF APPEARANCE by Stephanie Rose Correa on behalf of Brennan Center For Justice At New York University School Of Law..(Correa, Stephanie) (Entered: 01/19/2022)
2022-02-08		Magistrate Judge Jennifer Willis is so redesignated. (sjo) (Entered: 02/08/2022)
2022-08-18	83	ORDER: The Court will conduct a conference in this matter on Thursday, September 8, 2022 at 9:45 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/18/2022) ( Status Conference set for 9/8/2022 at 09:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe.) (ks) (Entered: 08/18/2022)
2022-09-02	84	ORDER: The conference currently scheduled for September 8, 2022 will instead take place on Friday, September 16, 2022 at 9:30 a.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/2/2022) ( Status Conference set for 9/16/2022 at 09:30 AM before Judge Paul G. Gardephe.) (ks) (Entered: 09/02/2022)
2022-09-13	85	ORDER: The conference currently scheduled for September 16, 2022 will instead take place on Tuesday, September 20, 2022 at 10:15 a.m. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/13/2022) ( Status Conference set for 9/20/2022 at 10:15 AM before Judge Paul G. Gardephe.) (ks) (Entered: 09/13/2022)
2022-09-15	86	CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from Mark H. Lynch dated September 15, 2022. Document filed by Brennan Center For Justice At New York University School Of Law..(Lynch, Mark) (Entered: 09/15/2022)
2022-09-19	87	ORDER granting 86 Letter Motion to Adjourn Conference. The conference currently scheduled for September 20, 2022 will instead take place on September 21, 2022 at 2:30 p.m. by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. One day before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 9/19/2022) Telephone Conference set for 9/21/2022 at 02:30 PM before Judge Paul G. Gardephe. (ks) (Entered: 09/19/2022)
2022-09-20	88	ORDER: The conference currently scheduled for September 21, 2022 is adjourned sine die. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/20/2022) (ks) (Entered: 09/20/2022)
2023-02-02	89	LETTER addressed to Judge Paul G. Gardephe from Ishita Kala dated February 2, 2023 re: Withdrawal of Appearance. Document filed by Brennan Center For Justice At New York University School Of Law..(Kala, Ishita) (Entered: 02/02/2023)
2023-03-13	90	LETTER MOTION to Substitute Attorney. Old Attorney: Stephanie R. Cor, New Attorney: Reem Subei addressed to Judge Paul G. Gardephe from Stephanie R. Correa dated March 10, 2023. Document filed by Brennan Center For Justice At New York University School Of Law..(Correa, Stephanie) (Entered: 03/13/2023)
2023-03-13	91	ORDER granting 90 Letter Motion to Substitute Attorney. The Application is granted. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 3/13/2023) Attorney Stephanie Rose Correa terminated (ks) (Entered: 03/13/2023)
2023-03-20		Pro Hac Vice Fee Payment: for 90 LETTER MOTION to Substitute Attorney. Old Attorney: Stephanie R. Cor, New Attorney: Reem Subei addressed to Judge Paul G. Gardephe from Stephanie R. Correa dated March 10, 2023.. Filing fee $ 200.00, receipt number ANYSDC-27493538..(Subei, Reem) (Entered: 03/20/2023)
2023-03-21		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to FILE.The filing is deficient for the following reason(s): the Payment for PHV was made but attached to the docket entry 90 for the motion is not correct - missing Motion to Appear Pro Hac Vice; Certificate of Good Standing(s); missing Proposed Order; Missing notarized affidavit. File the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) (Entered: 03/21/2023)
2023-03-21	92	FIRST MOTION for Reem Subei to Appear Pro Hac Vice $200 fee paid . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Text of Proposed Order Order, # 2 Affidavit Affidavit pursuant to court's instructions, # 3 Supplement Certificate of Good Standing).(Subei, Reem) (Entered: 03/21/2023)
2023-03-22		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 92 FIRST MOTION for Reem Subei to Appear Pro Hac Vice $200 fee paid . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (aea) (Entered: 03/22/2023)
2023-03-23	93	ORDER FOR ADMISSION PRO HAC VICE granting 92 Motion for Reem Subei to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 3/23/2023) (tro) (Entered: 03/24/2023)
2023-03-29	94	MOTION for Alexander Joseph Luchenitser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27536920. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit Declaration of Alex J. Luchenitser, # 2 Exhibit DC Certificate of Good Standing, # 3 Exhibit CA Certificate of Good Standing, # 4 Text of Proposed Order Proposed Order).(Luchenitser, Alex) (Entered: 03/29/2023)
2023-03-30	95	MOTION for Richard B. Katskee to Withdraw as Attorney . Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Affidavit Declaration of Richard B. Katskee, # 2 Text of Proposed Order Proposed Order).(Katskee, Richard) (Entered: 03/30/2023)
2023-03-30		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 94 MOTION for Alexander Joseph Luchenitser to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27536920. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (dsh) (Entered: 03/30/2023)
2023-04-04	96	ORDER FOR ADMISSION PRO HAC VICE granting 94 Motion for Alexander Joseph Luchenitser to Appear Pro Hac Vice. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 4/4/2023) (ks) (Entered: 04/04/2023)
2023-04-04	97	ORDER GRANTING RICHARD B. KATSKEE'S MOTION FOR LEAVE TO WITHDRAW AS COUNSEL FOR PLAINTIFF granting 95 Motion to Withdraw as Attorney. The motion of Richard B. Katskee for leave to withdraw as counsel for Plaintiff in the above-captioned action is before the Court. The Court orders that the motion is granted and that Richard B. Katskee has withdrawn as counsel for Plaintiff, effective on today's date. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 4/4/2023) Attorney Richard B. Katskee terminated (ks) (Entered: 04/04/2023)
2025-01-29	98	LETTER addressed to Judge Paul G. Gardephe from Neil K. Roman dated January 29, 2025 re: Screening of Casey Sumner. Document filed by Brennan Center For Justice At New York University School Of Law..(Roman, Neil) (Entered: 01/29/2025)
2025-02-20	99	LETTER addressed to Judge Paul G. Gardephe from Neil K. Roman dated February 20, 2025 re: Review of Documents submitted ex parte. Document filed by Brennan Center For Justice At New York University School Of Law..(Roman, Neil) (Entered: 02/20/2025)
2025-03-10	100	ORDER re: 43 MOTION for Summary Judgment . filed by United States Department of State, 48 CROSS MOTION for Partial Summary Judgment . filed by Brennan Center For Justice At New York University School Of Law. For the reasons stated above, Defendant's motion for summary judgment (Dkt. No. 43) and Plaintiff's cross-motion for summary judgment (Dkt. No. 48) are each granted in part and denied in part. More specifically, the Court rules that: 1. Attachments A and B to the July 9, 2017 Report are not subject to disclosure; 2. the first three pages of the September 15, 2017 Memorandum will be disclosed to Plaintiff within ten days of this Order, but the remainder of the document is not subject to disclosure; and 3. Attachment A to the September 15, 2017 Memorandum is not subject to disclosure. The Clerk of Court is directed to enter judgment and to close this case. (Signed by Judge Paul G. Gardephe on 3/10/2025) (ar) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/10/2025)
2025-03-11	101	CLERK'S JUDGMENT re: 100 Order. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated March 10, 2025, Defendant's motion for summary judgment and Plaintiff's cross-motion for summary judgment are each granted in part and denied in part; accordingly, the case is closed. (Signed by Clerk of Court Tammi M Hellwig on 03/11/2025) (Attachments: # 1 Notice of right to appeal) (nd) (Entered: 03/11/2025)
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