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Case TitleBehar v. U.S. Department of Homeland Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv08153
Date Filed2017-10-23
Date ClosedOpen
JudgeJudge Lewis A. Kaplan
PlaintiffRichard Behar
Case DescriptionRichard Behar, a reporter, submitted a FOIA request to the U.S. Secret Service for records cataloging visitors to candidate Donald Trump, his family, and campaign officials during the election and prior to his inauguration. Behar also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Behar filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-231COMPLAINT against U.S. Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number 0208-14275320)Document filed by Richard Behar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Langford, John) (Entered: 10/23/2017)
2017-10-232CIVIL COVER SHEET filed. (Langford, John) (Entered: 10/23/2017)
2017-10-233REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint. Document filed by Richard Behar. (Langford, John) (Entered: 10/23/2017)
2017-10-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 . (sj) (Entered: 10/24/2017)
2017-10-23Magistrate Judge Katharine H. Parker 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 . (sj) (Entered: 10/24/2017)
2017-10-23Case Designated ECF. (sj) (Entered: 10/24/2017)
2017-10-234ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (sj) (Entered: 10/24/2017)
2017-10-255AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. U.S. Department of Homeland Security served on 10/25/2017, answer due 11/24/2017. Service was made by Mail. Document filed by Richard Behar. (Langford, John) (Entered: 10/25/2017)
2017-10-266AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Attorney General served on 10/25/2017, answer due 11/24/2017. Service was made by Mail. Document filed by Richard Behar. (Langford, John) (Entered: 10/26/2017)
2017-10-267AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Attorney for the Southern District of New York served on 10/25/2017, answer due 11/24/2017. Service was made by Mail. Document filed by Richard Behar. (Langford, John) (Entered: 10/26/2017)
2017-10-308NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 10/30/2017)
2017-11-029ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/5/2017 at 02:30 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan; and as further set forth in this Order. (Signed by Judge Lewis A. Kaplan on 11/2/2017) (anc) (Entered: 11/02/2017)
2017-11-1710NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of U.S. Department of Homeland Security. (Lee, Casey) (Entered: 11/17/2017)
2017-11-2411ANSWER to 1 Complaint. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 11/24/2017)
2017-12-0112JOINT LETTER addressed to Judge Lewis A. Kaplan from Defendant U.S. Department of Homeland Security and Plaintiff Richard Behar dated December 1, 2017 re: Postponing Initial Conference. Document filed by Richard Behar, United States Attorney for the Southern District of New York.(Langford, John) (Entered: 12/01/2017)
2017-12-0713NOTICE of Request for Law Student Meenakshi Krishnan to Appear on Behalf of Plaintiff. Document filed by Richard Behar. (Langford, John) (Entered: 12/07/2017)
2017-12-0714NOTICE of Request for Law Student Adam Pan to Appear on Behalf of Plaintiff. Document filed by Richard Behar. (Langford, John) (Entered: 12/07/2017)
2017-12-0715NOTICE of Request for Law Student Eric Brooks to Appear on Behalf of Plaintiff. Document filed by Richard Behar. (Langford, John) (Entered: 12/07/2017)
2018-01-0816SECOND LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated January 8, 2018. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 01/08/2018)
2018-01-0917ORDER granting 16 Letter Motion to Adjourn Conference. Granted. (Signed by Judge Lewis A. Kaplan on 1/9/2018) (mro) (Entered: 01/09/2018)
2018-01-1918MEMO ENDORSEMENT: on re: 14 LAW STUDENT INTERN APPEARANCE FORM, filed by Richard Behar. ENDORSEMENT: I authorize this student: Adam Pan, to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2018) (ap) Modified on 3/6/2018 (ap). (Entered: 01/19/2018)
2018-01-1919MEMO ENDORSEMENT: on re: 15 LAW STUDENT INTERN APPEARANCE FORM, filed by Richard Behar. ENDORSEMENT: I authorize this student: Eric Brooks, to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2018) (ap) Modified on 1/23/2018 (ap). Modified on 3/6/2018 (ap). (Entered: 01/19/2018)
2018-01-1920MEMO ENDORSEMENT: on re: 13 LAW STUDENT INTERN APPEARANCE FORM, filed by Richard Behar. ENDORSEMENT: I authorize this student: Meenakshi Krishnan, to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2018) (ap) Modified on 3/6/2018 (ap). (Entered: 01/19/2018)
2018-01-2921THIRD LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from Counsel for Plaintiff John Langford dated January 29, 2018. Document filed by Richard Behar.(Langford, John) (Entered: 01/29/2018)
2018-02-1422FOURTH LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from Counsel for Plaintiff John Langford dated February 14, 2018. Document filed by Richard Behar.(Langford, John) (Entered: 02/14/2018)
2018-02-2123JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Richard Behar and the Secret Service, a component of defendant DHS, and subject to endorsement by the Court, that: The Secret Service shall conduct a search of the Email Set for the terms or names on Appendix A attached hereto, and shall review any emails captured by that search to identify any records responsive to the FOIA Request. From the Narrowed Email Set, the Secret Service shall review: each email between November 1, 2016, and November 8, 2016, between December 5, 2016, and December 12, 2016, and between January 14, 2017, and January 21, 2017, to identify any records responsive to the FOIA Request; each email dated between April 21, 2016, and April 28, 2016, to identify any records responsive to the FOIA Request; each email dated between July 11, 2016, and July 28, 2016 (the weeks before, including, and after the Republican National Convention), to identify any records responsive to the FOIA Request; and all emails containing the term "visitor." The Secret Service shall conduct the searches and review described in paragraphs 1 and 2 on a rolling basis, and shall make best efforts to review at least 1000 individual emails, including any attachments, per month until the review is completed; and as further set forth herein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/21/2018) (anc) (Entered: 02/22/2018)
2018-08-1524LETTER addressed to Judge Lewis A. Kaplan from Sarah S. Normand and John Langford dated 08/15/2018 re: Joint Status Report and Proposed Briefing Schedule. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 08/15/2018)
2018-09-2525LETTER addressed to Judge Lewis A. Kaplan from Sarah S. Normand and John Langford dated 9/25/2018 re: Proposed Briefing Schedule. Document filed by Richard Behar.(Langford, John) (Entered: 09/25/2018)
2018-10-0126MEMO ENDORSEMENT on re: (25 in 1:17-cv-08153-LAK) Letter filed by Richard Behar. ENDORSEMENT: Granted. SO ORDERED. (Cross Motions due by 10/31/2018, Motions due by 10/3/2018, Responses due by 10/31/2018, Replies due by 11/21/2018.) (Signed by Judge Lewis A. Kaplan on 9/30/2018) (jca) (Entered: 10/01/2018)
2018-10-0327MOTION for Summary Judgment . Document filed by U.S. Department of Homeland Security. Responses due by 10/31/2018(Normand, Sarah) (Entered: 10/03/2018)
2018-10-0328DECLARATION of Kim E. Campbell in Support re: 27 MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 10/03/2018)
2018-10-0329MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 10/03/2018)
2018-10-3130CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . Document filed by Richard Behar. Responses due by 11/21/2018(Langford, John) (Entered: 10/31/2018)
2018-10-3131MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar. (Langford, John) (Entered: 10/31/2018)
2018-10-3132FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar. (Attachments: # 1 Rule 56.1 Statement of Material Facts, # 2 Text of Proposed Order)(Langford, John) Modified on 11/1/2018 (ldi). (Entered: 10/31/2018)
2018-10-3133FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #36) - DECLARATION of John Langford in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar .. Document filed by Richard Behar. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-ZZ, # 3 Exhibit AAA-ZZZ, # 4 Exhibit AAAA-IIII)(Langford, John) Modified on 11/1/2018 (ldi). (Entered: 10/31/2018)
2018-10-3134MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment . . Document filed by Richard Behar. (Langford, John) (Entered: 10/31/2018)
2018-11-0135RULE 56.1 STATEMENT. Document filed by Richard Behar. (Langford, John) (Entered: 11/01/2018)
2018-11-0136DECLARATION of John Langford in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar .. Document filed by Richard Behar. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-ZZ, # 3 Exhibit AAA-ZZZ, # 4 Exhibit AAAA-IIII)(Langford, John) (Entered: 11/01/2018)
2018-11-0137PROPOSED ORDER. Document filed by Richard Behar. Related Document Number: 30 . (Langford, John) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 11/01/2018)
2018-11-01***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 37 Proposed Order was reviewed and approved as to form. (dt) (Entered: 11/01/2018)
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