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Case TitleMake the Road New York et al v. U.S. Department of Homeland Security et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2018cv02445
Date Filed2018-04-25
Date ClosedOpen
JudgeJudge Nicholas G. Garaufis
PlaintiffMake the Road New York
PlaintiffMake the Road Connecticut
Case DescriptionMake the Road New York and Make the Road Connecticut, community organizations working with immigrants, submitted FOIA requests to the Department of Homeland Security and the Department of Justice for records concerning the Trump administration's decision to terminate DACA. The two organizations also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. DOJ's Office of Legal Counsel denied the request for expedited processing. The organizations filed an administrative appeal of that decision, but the agency upheld its original decision to deny expedited processing. The organizations also agreed with OLC to narrow their request to cover only records pertaining to legal advice. After hearing nothing further from the agencies, Make the Road New York and Make the Road Connecticut filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantOffice of the Secretary of Homeland Security
DefendantU.S. Citizenship and Immigration Services
DefendantU.S. Department of Justice
DefendantOffice of the Attorney General
DefendantOffice of the Solicitor General
DefendantOffice of Legal Counsel
DefendantU.S. Department of Justice - Civil Division
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-251COMPLAINT against All Defendants filing fee $ 400, receipt number 0207-10383422 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons U.S. Department of Homeland Security, # 3 Proposed Summons Office of the Secretary of Homeland Security, # 4 Proposed Summons United States Citizenship and Immigration Services, # 5 Proposed Summons U.S. Department of Justice, # 6 Proposed Summons Office of the Attorney General, # 7 Proposed Summons Office of the Solicitor General, # 8 Proposed Summons Office of Legal Counsel, # 9 Exhibit A, # 10 Exhibit B, # 11 Exhibit C, # 12 Exhibit D, # 13 Exhibit E, # 14 Exhibit F, # 15 Exhibit G, # 16 Exhibit H, # 17 Exhibit I, # 18 Exhibit J, # 19 Exhibit K, # 20 Exhibit L, # 21 Exhibit M, # 22 Exhibit N) (Rebert, Trudy) (Entered: 04/25/2018)
2018-04-25Case assigned to Judge Pamela K. Chen and Magistrate Judge Steven M. Gold. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 04/26/2018)
2018-04-252Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 04/26/2018)
2018-04-263In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 04/26/2018)
2018-04-264This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 04/26/2018)
2018-04-265Notice of Related Case (Bowens, Priscilla) (Entered: 04/26/2018)
2018-05-09ORDER REASSIGNING CASE. Case reassigned to Judge Nicholas G. Garaufis and Magistrate Judge James Orenstein for all further proceedings. Judge Pamela K. Chen, Magistrate Judge Steven M. Gold no longer assigned to case Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Ordered by Chief Judge Dora Lizette Irizarry on 5/9/2018. (Bowens, Priscilla) (Entered: 05/09/2018)
2018-05-146Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-147Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-148Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-149Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-1410Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-1411Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-1412Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018)
2018-05-1513Amended (Reissued) Summons as to Office of Legal Counsel, Office of the Attorney General, Office of the Secretary of Homeland Security, Office of the Solicitor General, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. (Attachments: # 1 Office of the AG, # 2 Secretary Homeland, # 3 Solicitor General, # 4 Citizenship and Immigration, # 5 DOJ, # 6 Homeland) (Lee, Tiffeny) (Entered: 05/15/2018)
2018-05-2114MOTION for Leave to Appear Pro Hac Vice on behalf of Justin B. Cox Filing fee $ 150, receipt number 0207-10448388. by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Affidavit in Support, # 2 Certificates of Good Standing) (Cox, Justin) (Entered: 05/21/2018)
2018-05-22ORDER granting 14 Motion for Leave to Appear Pro Hac Vice -- Attorney Justin B. Cox, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By May 29, 2018, Mr. Cox shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Mr. Cox shall file a notice of appearance and ensure that he receives electronic notification of activity in this case. Mr. Cox shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 5/22/2018. (Salvador, Anjali) (Entered: 05/22/2018)
2018-05-2215NOTICE of Appearance by Justin B. Cox on behalf of All Plaintiffs (notification declined or already on case) (Cox, Justin) (Entered: 05/22/2018)
2018-05-3016SUMMONS Returned Executed by Make the Road Connecticut, Make the Road New York. Office of Legal Counsel served on 4/30/2018, answer due 5/21/2018; Office of the Attorney General served on 4/30/2018, answer due 5/21/2018; Office of the Secretary of Homeland Security served on 5/2/2018, answer due 5/23/2018; Office of the Solicitor General served on 4/30/2018, answer due 5/21/2018; U.S. Citizenship and Immigration Services served on 5/3/2018, answer due 5/24/2018; U.S. Department of Homeland Security served on 5/2/2018, answer due 5/23/2018; U.S. Department of Justice served on 4/30/2018, answer due 5/21/2018. (Cox, Justin) (Entered: 05/30/2018)
2018-05-3117Letter MOTION for scheduling conference by Make the Road Connecticut, Make the Road New York (Cox, Justin) (Entered: 05/31/2018)
2018-06-0418ANSWER to 1 Complaint,,, by All Defendants. (Westmoreland, Rachael) (Entered: 06/04/2018)
2018-06-1319REPLY in Opposition re 17 Letter Motion filed by All Defendants. (Westmoreland, Rachael) (Entered: 06/13/2018)
2018-06-2520NOTICE of Appearance by Joshua Rosenthal on behalf of All Plaintiffs (aty to be noticed) (Attachments: # 1 Certificate of Service) (Rosenthal, Joshua) (Entered: 06/25/2018)
2018-06-2521AMENDED COMPLAINT against Office of Legal Counsel, Office of the Attorney General, Office of the Secretary of Homeland Security, Office of the Solicitor General, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice, filed by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Certificate of Service). (Rebert, Trudy) (Main Document 21 replaced to corrected Amended Complaint per phone request on 6/26/2018). (Layne, Monique). Modified on 6/26/2018. (Layne, Monique). (Entered: 06/25/2018)
2018-06-2622Proposed Summons. Re 21 Amended Complaint,,, by Make the Road Connecticut, Make the Road New York (Rosenthal, Joshua) (Entered: 06/26/2018)
2018-06-2723Summons Issued re 21 Amended Complaint as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General. (Lee, Tiffeny) (Entered: 06/27/2018)
2018-07-0524Letter MOTION for Extension of Time to File Answer re 21 Amended Complaint,,, by Office of Legal Counsel, Office of the Attorney General, Office of the Secretary of Homeland Security, Office of the Solicitor General, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice. (Westmoreland, Rachael) (Entered: 07/05/2018)
2018-07-0625ORDER granting 24 Motion for Extension of Time to Answer re 21 Amended Complaint, Defendants' answer due 7/16/2018. So Ordered by Judge Nicholas G. Garaufis on 7/5/2018. (Lee, Tiffeny) (Entered: 07/06/2018)
2018-07-1226SUMMONS Returned Executed by Make the Road Connecticut, Make the Road New York. U.S. Department of Justice - Civil Division served on 6/27/2018, answer due 8/27/2018. (Rosenthal, Joshua) (Entered: 07/12/2018)
2018-07-1627ANSWER to 21 Amended Complaint,,, by All Defendants. (Westmoreland, Rachael) (Entered: 07/16/2018)
2018-09-1428STATUS REPORT JOINT by Make the Road Connecticut, Make the Road New York (Rosenthal, Joshua) (Entered: 09/14/2018)
2018-09-2629Second MOTION for Hearing for a Status Conference by Make the Road Connecticut, Make the Road New York. (Rosenthal, Joshua) (Entered: 09/26/2018)
2018-10-1030NOTICE of Change of Address (Westmoreland, Rachael) (Entered: 10/10/2018)
2018-10-1031RESPONSE in Opposition re 29 Second MOTION for Hearing for a Status Conference filed by All Defendants. (Westmoreland, Rachael) (Entered: 10/10/2018)
2018-10-11ORDER re: Plaintiffs' 29 Application for Status Conference: The Application is GRANTED. The parties are directed to confer and contact the court's Deputy at 718-613-2545 to schedule the status conference. At the status conference, the parties can address the areas of dispute identified in Plaintiffs' Application, including whether a global scheduling order is necessary. Ordered by Judge Nicholas G. Garaufis on 10/11/2018. (Haddad, Andrew) (Entered: 10/11/2018)
2018-10-3032STATUS REPORT Second Joint Status Report by Make the Road New York (Rosenthal, Joshua) (Entered: 10/30/2018)
2018-11-02Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Status Conference held on 11/1/2018. Counsel for all parties present. The parties reported on the progress of Defendants' document review and production and addressed the areas of dispute identified in Plaintiff's 29 September 26, 2018, letter. The court directed Plaintiffs to file a proposed global scheduling order by no later than November 5, 2018, and directed Defendant U.S. Department of Homeland Security to file a declaration regarding its resource constraints by no later than November 9, 2018. The parties also reported that Defendant Office of the Attorney General plans to update Plaintiffs regarding the progress of its document review and production by November 8, 2018; the parties shall advise the court once that update is made. (Court Reporter Georgette Betts) (Haddad, Andrew) (Entered: 11/02/2018)
2018-11-0533MOTION to Expedite FOIA Production and Request for Global Scheduling Order by Make the Road Connecticut, Make the Road New York. (Rosenthal, Joshua) (Entered: 11/05/2018)
2018-11-06ORDER re: Plaintiffs' 33 Request for a Global Scheduling Order: Defendants are DIRECTED to file a response to Plaintiff's proposed schedule by no later than 5:00 P.M. on November 9, 2018. If Defendants do not consent to Plaintiffs' proposed schedule, Defendants' response should include an alternative proposed schedule. Defendants' response should also address whether Defendant U.S. Department of Homeland Security ("DHS") should be required (as Plaintiffs request) to prioritize review of the 35 documents that were submitted to Judge Alsup in Regents of the University of California v. DHS, No. 17-cv-5211 (N.D. Cal.). The court notes that, in addition to Defendants' response to Plaintiffs' proposed schedule, DHS should also submit a declaration regarding its resource constraints by no later than November 9, 2018, pursuant to the court's order at the November 1, 2018 status conference. Ordered by Judge Nicholas G. Garaufis on 11/6/2018. (Haddad, Andrew) (Entered: 11/06/2018)
2018-11-0934RESPONSE in Opposition re 33 MOTION to Expedite FOIA Production and Request for Global Scheduling Order filed by All Defendants. (Attachments: # 1 Exhibit 1- Holzer Declaration) (Westmoreland, Rachael) (Entered: 11/09/2018)
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