| Date Filed | Doc # | Docket Text |
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| 2018-04-25 | 1 | COMPLAINT 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) |
| 2018-04-25 | | Case 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) |
| 2018-04-25 | 2 | Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 04/26/2018) |
| 2018-04-26 | 3 | In 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) |
| 2018-04-26 | 4 | This 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) |
| 2018-04-26 | 5 | Notice of Related Case (Bowens, Priscilla) (Entered: 04/26/2018) |
| 2018-05-09 | | ORDER 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) |
| 2018-05-14 | 6 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-14 | 7 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-14 | 8 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-14 | 9 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-14 | 10 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-14 | 11 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-14 | 12 | Proposed Summons. Re 1 Complaint,,, by Make the Road Connecticut, Make the Road New York (Rebert, Trudy) (Entered: 05/14/2018) |
| 2018-05-15 | 13 | Amended (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) |
| 2018-05-21 | 14 | MOTION 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) |
| 2018-05-22 | | ORDER 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) |
| 2018-05-22 | 15 | NOTICE of Appearance by Justin B. Cox on behalf of All Plaintiffs (notification declined or already on case) (Cox, Justin) (Entered: 05/22/2018) |
| 2018-05-30 | 16 | SUMMONS 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) |
| 2018-05-31 | 17 | Letter MOTION for scheduling conference by Make the Road Connecticut, Make the Road New York (Cox, Justin) (Entered: 05/31/2018) |
| 2018-06-04 | 18 | ANSWER to 1 Complaint,,, by All Defendants. (Westmoreland, Rachael) (Entered: 06/04/2018) |
| 2018-06-13 | 19 | REPLY in Opposition re 17 Letter Motion filed by All Defendants. (Westmoreland, Rachael) (Entered: 06/13/2018) |
| 2018-06-25 | 20 | NOTICE 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) |
| 2018-06-25 | 21 | AMENDED 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) |
| 2018-06-26 | 22 | Proposed Summons. Re 21 Amended Complaint,,, by Make the Road Connecticut, Make the Road New York (Rosenthal, Joshua) (Entered: 06/26/2018) |
| 2018-06-27 | 23 | Summons 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) |
| 2018-07-05 | 24 | Letter 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) |
| 2018-07-06 | 25 | ORDER 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) |
| 2018-07-12 | 26 | SUMMONS 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) |
| 2018-07-16 | 27 | ANSWER to 21 Amended Complaint,,, by All Defendants. (Westmoreland, Rachael) (Entered: 07/16/2018) |
| 2018-09-14 | 28 | STATUS REPORT JOINT by Make the Road Connecticut, Make the Road New York (Rosenthal, Joshua) (Entered: 09/14/2018) |
| 2018-09-26 | 29 | Second MOTION for Hearing for a Status Conference by Make the Road Connecticut, Make the Road New York. (Rosenthal, Joshua) (Entered: 09/26/2018) |
| 2018-10-10 | 30 | NOTICE of Change of Address (Westmoreland, Rachael) (Entered: 10/10/2018) |
| 2018-10-10 | 31 | RESPONSE in Opposition re 29 Second MOTION for Hearing for a Status Conference filed by All Defendants. (Westmoreland, Rachael) (Entered: 10/10/2018) |
| 2018-10-11 | | ORDER 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) |
| 2018-10-30 | 32 | STATUS REPORT Second Joint Status Report by Make the Road New York (Rosenthal, Joshua) (Entered: 10/30/2018) |
| 2018-11-02 | | Minute 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) |
| 2018-11-05 | 33 | MOTION 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) |
| 2018-11-06 | | ORDER 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) |
| 2018-11-09 | 34 | RESPONSE 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) |
| 2018-11-16 | 35 | MEMORANDUM & ORDER, For the foregoing reasons, the court GRANTS IN PART Plaintiffs' Motion for a Global Scheduling Order (Dkt. 33 ). DHS and USCIS are DIRECTED to produce all outstanding records on a rolling monthly basis by no later than February 28, 2019. OIP is DIRECTED to complete its search for records potentially responsive to Plaintiffs' FOIA request, confer with Plaintiffs, and propose a production schedule to the court by no later than December 21, 2018; if Plaintiffs do not agree with OIP's proposed schedule, they shall respond by no later than January 4, 2019. When the court sets a deadline for OIP to complete production, the court will simultaneously set a deadline for the submission of dispositive motions. The court declines to order Defendants to produce Vaughn indices at this time; Plaintiffs may renew their request at a later date. So Ordered by Judge Nicholas G. Garaufis on 11/16/2018. (Lee, Tiffeny) (Entered: 11/16/2018) |
| 2018-12-21 | 36 | NOTICE by Office of the Attorney General, U.S. Department of Justice of Filing Proposed Procesing Schedule (Westmoreland, Rachael) (Entered: 12/21/2018) |
| 2018-12-26 | 37 | NOTICE by Make the Road Connecticut, Make the Road New York Plaintiffs Proposed Production Schedule for Defendant OIP (Rosenthal, Joshua) (Entered: 12/26/2018) |
| 2019-01-11 | 38 | MOTION to Stay 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, U.S. Department of Justice - Civil Division. (Westmoreland, Rachael) (Entered: 01/11/2019) |
| 2019-01-14 | | ORDER: Defendants' 38 Motion to Stay is GRANTED. All FOIA processing deadlines as applied to the U.S. Department of Homeland Security ("DHS") and the U.S. Department of Justice Office of Information Policy ("OIP") are stayed until Congress has restored appropriations to DHS and the Department of Justice ("DOJ"). Defendants are DIRECTED to inform the court and all parties by no later than two days after the date on which funding is restored for DHS and DOJ. Afterward, the court will set a deadline for OIP to complete production ( see Dkts. 36 , 37 ) and decide whether, and by how much time, to extend the parties' other deadlines. Ordered by Judge Nicholas G. Garaufis on 1/14/2019. (Haddad, Andrew) (Entered: 01/14/2019) |
| 2019-01-30 | 39 | NOTICE 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, U.S. Department of Justice - Civil Division to the Court of Restoration of Appropriations (Westmoreland, Rachael) (Entered: 01/30/2019) |
| 2019-01-31 | 40 | NOTICE by Make the Road Connecticut, Make the Road New York re 39 Notice(Other), in Response to Proposed Deadlines (Rosenthal, Joshua) (Entered: 01/31/2019) |
| 2019-02-01 | | ORDER re: Defendants' 39 Requests to Extend Production Deadlines: The Court GRANTS the U.S. Department of Homeland Security's ("DHS") request to extend its production deadline until April 4, 2019 to account for the 35-day lapse in appropriations for DHS. Additionally, DHS is DIRECTED to submit an explanation, by no later than February 8, 2019, for why it did not produce documents in November or December 2018. ( See Pls. Jan. 31, 2019 Resp. (Dkt. 40 ) para. 3.) The court DENIES the U.S. Department of Justice Office of Information Policy's ("OIP") request for a June 10, 2019 production deadline. Instead, OIP is DIRECTED to complete production of all outstanding records by no later than April 19, 2019, and to produce records on a rolling monthly basis. Furthermore, the parties are DIRECTED to file any dispositive motions by no later than May 20, 2019; responses must be filed by no later than June 3, 2019; and replies, if any, must be filed by no later than June 10, 2019. The parties need not request a pre-motion conference before filing a dispositive motion, notwithstanding the undersigned's Individual Rule III(A)(2). Ordered by Judge Nicholas G. Garaufis on 2/1/2019. (Haddad, Andrew) (Entered: 02/01/2019) |
| 2019-02-08 | 41 | NOTICE by U.S. Department of Homeland Security (Westmoreland, Rachael) (Entered: 02/08/2019) |
| 2019-02-13 | 42 | NOTICE by Make the Road New York (Attachments: # 1 Proposed Order) (Rosenthal, Joshua) Modified to Motion to Withdraw as Attorney on 2/14/2019 (Lee, Tiffeny). (Entered: 02/13/2019) |
| 2019-02-14 | | ORDER granting 42 Motion to Withdraw as Attorney -- The motion is granted; attorney Justin B. Cox terminated. Ordered by Magistrate Judge James Orenstein on 2/14/2019. (Gustafson, Kaelyn) (Entered: 02/14/2019) |
| 2019-02-27 | 43 | NOTICE of Appearance by Joanna Elise Cuevas Ingram on behalf of Make the Road Connecticut, Make the Road New York (aty to be noticed) (Cuevas Ingram, Joanna) (Entered: 02/27/2019) |
| 2019-03-12 | 44 | NOTICE of Change of Address/Phone (Rosenthal, Joshua) (Entered: 03/12/2019) |
| 2019-03-20 | 45 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on November 1, 2018, before Judge Nicholas G. Garaufis. Court Reporter/Transcriber Georgette K. Betts, Telephone number 718-804-2777. Email address: georgette_betts@nyed.uscourts.gov. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 4/10/2019. Redacted Transcript Deadline set for 4/22/2019. Release of Transcript Restriction set for 6/18/2019. (Betts, Georgette) (Entered: 03/20/2019) |
| 2019-04-05 | 46 | Letter MOTION to Produce Vaughn Index by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, Part 1, # 5 Exhibit D, Part 2, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G) (Cuevas Ingram, Joanna) (Entered: 04/05/2019) |
| 2019-04-08 | 47 | Letter re 46 Letter MOTION to Produce Vaughn Index by Make the Road Connecticut, Make the Road New York (Cuevas Ingram, Joanna) (Entered: 04/08/2019) |
| 2019-04-08 | 48 | NOTICE of Change of Telephone Number (Cuevas Ingram, Joanna) (Entered: 04/08/2019) |
| 2019-04-09 | | ORDER: Defendants are DIRECTED to respond to Plaintiffs' 46 Motion to Produce a Vaughn Index by no later than April 16, 2019. Ordered by Judge Nicholas G. Garaufis on 4/9/2019. (Haddad, Andrew) (Entered: 04/09/2019) |
| 2019-04-16 | 49 | Joint MOTION for Extension of Time to File Dispositive Motions 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, U.S. Department of Justice - Civil Division. (Westmoreland, Rachael) (Entered: 04/16/2019) |
| 2019-04-17 | 50 | ORDER re withdrawal of 46 Motion to Produce, and 49 Motion for Extension of Time to File Dispositive Motions. Application granted. Defendants' deadline to file motion for summary judgment and Vaughn indices: June 20, 2019; Plaintiffs' deadline to file oppositions to Defendants' motion for summary judgment and to cross-move for summary judgment, if applicable: July 11,2019; Defendants' deadline to file reply in support of their motion for summary judgment and opposition to Plaintiffs' motion for summary judgment, if applicable: August 1, 2019; Plaintiffs' deadline to file reply in support of their motion for summary judgment, if applicable: August 15, 2019. So Ordered by Judge Nicholas G. Garaufis on 4/16/2019. (Lee, Tiffeny) (Entered: 04/17/2019) |
| 2019-04-18 | 51 | MOTION for Extension of Time to File Serve OIP's Final Release by Office of the Attorney General, U.S. Department of Justice. (Westmoreland, Rachael) (Entered: 04/18/2019) |
| 2019-05-16 | 52 | MOTION to Withdraw as Attorney by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Proposed Order) (Rosenthal, Joshua) (Entered: 05/16/2019) |
| 2019-05-16 | | ORDER granting 52 Motion to Withdraw as Attorney -- The motion is granted; attorney Joshua A. Rosenthal terminated. Ordered by Magistrate Judge James Orenstein on 5/16/2019. (Gustafson, Kaelyn) (Entered: 05/16/2019) |
| 2019-05-22 | | ORDER: The U.S. Department of Justice Office of Information Policy's ("OIP") 51 request for a one-week extension of time to "produce all outstanding records" is GRANTED nunc pro tunc . Accordingly, the deadline for OIP to produce all outstanding records was April 26, 2019. Ordered by Judge Nicholas G. Garaufis on 5/22/2019. (Haddad, Andrew) (Entered: 05/22/2019) |
| 2019-06-18 | 53 | Joint MOTION for Extension of Time to File Motions for Summary Judgment , Joint MOTION for Leave to File Excess Pages 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, U.S. Department of Justice - Civil Division. (Westmoreland, Rachael) (Entered: 06/18/2019) |
| 2019-06-21 | 54 | ORDER granting 53 Motion for Extension of Time to File; granting 53 Motion for Leave to File Excess Pages. See Order. So Ordered by Judge Nicholas G. Garaufis on 6/19/2019. (Lee, Tiffeny) (Entered: 06/21/2019) |
| 2019-06-28 | 55 | MOTION for Leave to File Document Partial Motion for Summary Judgment on July 2, 2019 by U.S. Department of Homeland Security. (Attachments: # 1 Declaration of James Holzer) (Westmoreland, Rachael) (Entered: 06/28/2019) |
| 2019-07-01 | | ORDER: The U.S. Department of Homeland Security's ("DHS") 55 motion for an extension of time to file a partial summary judgment motion is DENIED. DHS claims to have known about the records referred by United States Citizenship and Immigration Services since March 2019. (June 28, 2019 Mot. for Extension of Time (Dkt. 55) at 1.) However, DHS did not inform the court that these records might prevent DHS from complying with the court's deadlines until June 28. In fact, just two weeks ago, Defendants requested a deadline of July 2, 2019, to file motions for summary judgment and did not mention any delay in processing documents on the part of DHS. (June 18, 2019 Mot. for Extension of Time (Dkt. 53).) In its latest extension request, DHS offers no explanation for its failure to inform the court of this delay until June 28. Thus, DHS is not entitled to an extension of the court's July 2, 2019 deadline to move for summary judgment. Ordered by Judge Nicholas G. Garaufis on 7/1/2019. (Haddad, Andrew) (Entered: 07/01/2019) |
| 2019-07-02 | 56 | MOTION for Summary Judgment 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, U.S. Department of Justice - Civil Division. (Attachments: # 1 Statement of Material Facts, # 2 Memorandum in Support, # 3 Proposed Order, # 4 Declaration of Jill Eggleston, # 5 Declaration of Paul Colborn, # 6 Declaration of Valerie Hall Yancey, # 7 Declaration of Jonathan Breyan, # 8 Declaration of James Holzer) (Westmoreland, Rachael) (Entered: 07/02/2019) |
| 2019-07-12 | 57 | Letter MOTION for Extension of Time to File by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Declaration OF JOANNA ELISE CUEVAS INGRAM, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Rebert, Trudy) (Entered: 07/12/2019) |
| 2019-07-15 | 58 | Letter MOTION for Extension of Time to File by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Declaration of JOANNA ELISE CUEVAS INGRAM, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C) (Rebert, Trudy) (Entered: 07/15/2019) |
| 2019-07-17 | 59 | ORDER re 58 Motion for Extension of Time to File. Application granted. No later than August 13, 2019: Plaintiffs' deadline to file opposition to Defendants' motion for summary judgment and cross-move for summary judgment, if applicable. August 27, 2019: Defendants' deadline to file reply in support of their motion for summary judgment and opposition to Plaintiffs' motion for summary judgment, if applicable. September 10, 2019: Plaintiffs' deadline to file reply in support of their motion for summary judgment, if applicable. So Ordered by Judge Nicholas G. Garaufis on 7/15/2019. (Lee, Tiffeny) (Entered: 07/17/2019) |
| 2019-08-13 | 60 | Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Memorandum in Support, # 2 Rule 56.1 Statement, # 3 Appendix, # 4 Proposed Order) (Cuevas Ingram, Joanna) (Entered: 08/13/2019) |
| 2019-08-13 | 61 | DECLARATION re 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT 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, part 1, # 6 Exhibit E, part 2, # 7 Exhibit F, part 1, # 8 Exhibit F, part 2, # 9 Exhibit F, part 3, # 10 Exhibit F, part 4, # 11 Exhibit F, part 5, # 12 Exhibit F, part 6, # 13 Exhibit F, part 7, # 14 Exhibit G, # 15 Exhibit H, # 16 Exhibit I, # 17 Exhibit J, # 18 Exhibit K, # 19 Exhibit L, # 20 Exhibit M, # 21 Exhibit N, # 22 Exhibit O, # 23 Exhibit P, # 24 Exhibit Q, # 25 Exhibit R, # 26 Exhibit S, # 27 Exhibit T) (Cuevas Ingram, Joanna) (Entered: 08/13/2019) |
| 2019-08-13 | 62 | EXHIBIT U and Exhibits to Declaration of Joanna Elise Cuevas Ingram Continued by Make the Road Connecticut, Make the Road New York. Related document: 61 Declaration,,, filed by Make the Road Connecticut, Make the Road New York, 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Exhibit V, # 2 Exhibit X, # 3 Exhibit Y, # 4 Exhibit Z, # 5 Exhibit AA, # 6 Exhibit BB) (Cuevas Ingram, Joanna) (Entered: 08/13/2019) |
| 2019-08-14 | 63 | EXHIBIT W, part one, to Declaration of Joanna Elise Cuevas Ingram by Make the Road Connecticut, Make the Road New York. Related document: 61 Declaration,,, filed by Make the Road Connecticut, Make the Road New York, 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Make the Road Connecticut, Make the Road New York, 62 Exhibit,, filed by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Exhibit W, part 2, # 2 Exhibit W, part 3, # 3 Exhibit W, part 4, # 4 Exhibit W, part 5, # 5 Exhibit W, part 6, # 6 Exhibit W, part 7, # 7 Exhibit W, part 8, # 8 Exhibit W, part 9, # 9 Exhibit W, part 10) (Cuevas Ingram, Joanna) (Entered: 08/14/2019) |
| 2019-08-14 | 64 | EXHIBIT W (continued), part 11, to Declaration of Joanna Elise Cuevas Ingram by Make the Road Connecticut, Make the Road New York. Related document: 61 Declaration,,, filed by Make the Road Connecticut, Make the Road New York, 63 Exhibit,, filed by Make the Road Connecticut, Make the Road New York, 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by Make the Road Connecticut, Make the Road New York, 62 Exhibit,, filed by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Exhibit W, part 12, # 2 Exhibit W, part 13, # 3 Exhibit W, part 14, # 4 Exhibit W, part 15, # 5 Exhibit W, part 16, # 6 Exhibit W, part 17, # 7 Exhibit W, part 18, # 8 Exhibit W, part 19, # 9 Exhibit W, part 20) (Cuevas Ingram, Joanna) (Entered: 08/14/2019) |
| 2019-08-14 | 65 | Letter MOTION to Amend/Correct/Supplement 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT , 61 Declaration,,, 64 Exhibit,,, 62 Exhibit,, 63 Exhibit,, by Make the Road Connecticut, Make the Road New York. (Cuevas Ingram, Joanna) (Entered: 08/14/2019) |
| 2019-08-15 | 66 | NOTICE by Make the Road Connecticut, Make the Road New York re 61 Declaration,,, 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT - NOTICE OF CORRECTION/ERRATA (Attachments: # 1 CORRECTED Memorandum, # 2 CORRECTED Declaration of Joanna Elise Cuevas Ingram, # 3 CORRECTED Rule 56.1 Statement, # 4 CORRECTED Exhibit F, part one) (Cuevas Ingram, Joanna) (Entered: 08/15/2019) |
| 2019-08-16 | 67 | ORDER granting Plaintiffs request that the Court treat Exhibit W (Dkts. 63 and 64) as timely filed, nunc pro tunc, along with the rest of Plaintiffs' otherwise timely filed motion and supporting documents. Ordered by Judge Nicholas G. Garaufis on 8/15/2019. (Marziliano, August) Modified on 8/16/2019 (Marziliano, August). (Entered: 08/16/2019) |
| 2019-08-22 | 68 | Joint MOTION for Extension of Time to File 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, U.S. Department of Justice - Civil Division. (Westmoreland, Rachael) (Entered: 08/22/2019) |
| 2019-08-23 | 69 | ORDER granting 68 Motion for Extension of Time to File. September 17, 2019: Defendants' deadline to file reply in support of their motion for summary judgment and opposition to Plaintiffs' motion forsummary judgment. October 8, 2019: Plaintiffs' deadline to file reply in support of their motion for summary judgment. So Ordered by Judge Nicholas G. Garaufis on 8/22/2019. (Lee, Tiffeny) (Entered: 08/23/2019) |
| 2019-09-17 | 70 | MEMORANDUM in Opposition re 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT , REPLY in Support re 56 Defendants' MOTION for Summary Judgment filed by All Defendants. (Attachments: # 1 Response to Plaintiffs' Statement of Material Facts, # 2 Exhibit 1- Supp. Decl. of James Holzer, # 3 Exhibit 2- Supp. Decl. of Jill Eggleston) (Westmoreland, Rachael) (Entered: 09/17/2019) |
| 2019-10-08 | 71 | REPLY in Support re 60 Cross MOTION for Summary Judgment AND OPPOSITION TO DEFENDANTS MOTION FOR SUMMARY JUDGMENT filed by All Plaintiffs. (Attachments: # 1 AMENDED Appendix, # 2 SUPPLEMENTAL Declaration, # 3 Exhibit CC, # 4 Exhibit DD, # 5 Exhibit EE, # 6 Exhibit FF, # 7 Exhibit GG) (Cuevas Ingram, Joanna) (Entered: 10/08/2019) |
| 2020-08-11 | 72 | MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-13194349. by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing) (Lapointe, Michelle) (Entered: 08/11/2020) |
| 2020-08-12 | | ORDER granting 72 Motion for Leave to Appear Pro Hac Vice -- Attorney Michelle Lapointe, Esq. is permitted to argue or try this case in whole or in part as counsel or advocate. By August 19, 2020, Ms. Lapointe shall register for ECF. Registration is available online at the EDNY's homepage. Once registered, Ms. Lapointe shall file a notice of appearance and ensure that she receives electronic notification of activity in this case. Ms. Lapointe shall also ensure that the $150 admission fee be submitted to the Clerk's Office. Ordered by Magistrate Judge James Orenstein on 8/12/2020. (Walker, Anna) (Entered: 08/12/2020) |
| 2020-08-12 | 73 | NOTICE of Appearance by Michelle Lapointe on behalf of Make the Road Connecticut, Make the Road New York (notification declined or already on case) (Attachments: # 1 Certificate of Service) (Lapointe, Michelle) (Entered: 08/12/2020) |
| 2020-11-10 | | Case Reassigned to Magistrate Judge Robert M. Levy. Magistrate Judge James Orenstein no longer assigned to the 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. (Mahoney, Brenna) (Entered: 11/10/2020) |
| 2020-11-10 | | Case Reassigned to Magistrate Judge Robert M. Levy. Magistrate Judge Robert M. Levy no longer assigned to the 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. (Mahoney, Brenna) (Entered: 11/10/2020) |
| 2020-12-18 | 74 | MOTION to Withdraw as Attorney by Trudy S. Rebert by Make the Road Connecticut, Make the Road New York. (Attachments: # 1 Proposed Order) (Rebert, Trudy) (Entered: 12/18/2020) |
| 2020-12-18 | | ORDER granting 74 Motion to Withdraw as Attorney. Attorney Trudy Sumiko Rebert terminated. Ordered by Magistrate Judge Robert M. Levy on 12/18/2020. (Marino, Janine) (Entered: 12/18/2020) |
| 2021-02-11 | | ORDER: The parties are DIRECTED to confer and to email the court's deputy at Joseph_Reccoppa@nyed.uscourts.gov to schedule a status conference for a date in March. The parties should be prepared to discuss whether this dispute may be narrowed or otherwise resolved and to present their positions to the court. Ordered by Judge Nicholas G. Garaufis on 2/11/2021. (Lazarus, Benjamin) (Entered: 02/11/2021) |
| 2021-03-18 | | Minute Entry for proceedings held before Judge Nicholas G. Garaufis: On March 18, 2021, the court held a status conference via videoconference. Counsel for all parties present. The parties are DIRECTED to continue to confer. On Wednesday, April 14, 2021 at 2:00 pm, the court will hold another status conference to consider the parties' joint or separate applications to narrow the scope of the dispute. By Friday, April 9, the parties should advise the court by letter, either jointly or separately, of the status of their discussions. In light of the ongoing efforts to resolve the dispute, the parties' cross-motions for summary judgment are HELD in abeyance. (Court Reporter Sophie Nolan.) (Lazarus, Benjamin) (Entered: 03/18/2021) |
| 2021-04-07 | 75 | Joint MOTION to Continue deadlines in March 18, 2021 Minute Entry 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, U.S. Department of Justice - Civil Division. (Westmoreland, Rachael) (Entered: 04/07/2021) |
| 2021-04-08 | | ORDER: The 75 joint application to continue the status conference scheduled for April 14 is GRANTED. The court will hold a status conference via video on April 22 at 2:30 pm. The parties should advise the court of the status of their discussions by April 16. Ordered by Judge Nicholas G. Garaufis on 4/8/2021. (Lazarus, Benjamin) (Entered: 04/08/2021) |
| 2021-04-16 | 76 | STATUS REPORT by Make the Road Connecticut, Make the Road New York (Attachments: # 1 Exhibit A) (Cuevas Ingram, Joanna) (Entered: 04/16/2021) |
| 2021-04-16 | 77 | STATUS REPORT 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, U.S. Department of Justice - Civil Division (Westmoreland, Rachael) (Entered: 04/16/2021) |
| 2021-04-22 | | Minute Entry for proceedings held before Judge Nicholas G. Garaufis: On April 22, 2021, the court held a status conference via videoconference. Counsel for both parties present. The court DIRECTED the Government to file a response to Plaintiffs' 76 letter by May 5, 2021. Plaintiffs may reply by May 14. (Court Reporter Stacy Mace.) (Lazarus, Benjamin) (Entered: 04/22/2021) |
| 2021-05-05 | 78 | Letter Response to Plaintiffs' April 16, 2021 Status Letter Update by Office of the Attorney General, Office of the Secretary of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice (Westmoreland, Rachael) (Entered: 05/05/2021) |
| 2021-05-14 | 79 | Letter Reply by Make the Road Connecticut, Make the Road New York (Attachments: # 1 Declaration Supplemental Declaration of Attorney Joanna Elise Cuevas Ingram in Support of Plaintiffs' Reply, # 2 Exhibit A, # 3 Exhibit B) (Cuevas Ingram, Joanna) (Entered: 05/14/2021) |
| 2021-05-18 | 80 | NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on March 18, 2021, before Judge Garaufis. Court Reporter/Transcriber Sophie Nolan, Telephone number 718-613-2622. Email address: NolanEDNY@aol.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/8/2021. Redacted Transcript Deadline set for 6/18/2021. Release of Transcript Restriction set for 8/16/2021. (Nolan, Sophie) (Entered: 05/18/2021) |
| 2021-06-16 | | ORDER: The court will proceed by considering a sample of the contested document withholdings, specifically, 30 documents from USCIS, 74 documents from DHS, and 79 documents from OAG-OIP, as outlined in Plaintiffs' 79 May 14 letter. The parties are DIRECTED to compile a single submission that contains the Government's Vaughn index entry and Plaintiffs' briefly stated objection for each of the 183 documents, to be filed by August 2, 2021. The court anticipates that this will be a compilation and distillation of the many submissions already filed in this case and should not require new work product from the parties. Within 4 weeks of that submission, the Government is DIRECTED to produce the underlying 183 documents electronically and in hard copy to the court for in camera review. The court exercises its discretion to order in camera review and to conduct such review, where appropriate considering the relevant Vaughn index entries, in light of Plaintiffs' submissions and in the interests of judicial efficiency. Ordered by Judge Nicholas G. Garaufis on 6/16/2021. (Lazarus, Benjamin) (Entered: 06/16/2021) |
| 2021-07-20 | | Case Reassigned to Magistrate Judge Taryn A. Merkl. Magistrate Judge Robert M. Levy no longer assigned to the 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. (Mahoney, Brenna) (Entered: 07/20/2021) |
| 2021-08-02 | 81 | Letter (Joint) by Office of the Attorney General, Office of the Secretary of Homeland Security, U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice (Attachments: # 1 Exhibit A- joint table submission) (Westmoreland, Rachael) (Entered: 08/02/2021) |
| 2021-08-27 | 82 | Letter by U.S. Citizenship and Immigration Services, U.S. Department of Homeland Security, U.S. Department of Justice (Attachments: # 1 Exhibit A) (Westmoreland, Rachael) (Entered: 08/27/2021) |
| 2021-09-10 | 83 | NOTICE of Appearance by Galen Thorp on behalf of All Defendants (aty to be noticed) (Thorp, Galen) (Entered: 09/10/2021) |
| 2021-09-10 | 84 | NOTICE of Appearance by Cormac Early on behalf of All Defendants (aty to be noticed) (Early, Cormac) (Entered: 09/10/2021) |
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