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Case TitleNAACP Legal Defense & Educational Fund, Inc. v.U.S. Department Of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv04354
Date Filed2018-05-16
Date ClosedOpen
JudgeJudge P. Kevin Castel
PlaintiffNAACP Legal Defense & Educational Fund, Inc.
Case DescriptionThe NAACP Legal Defense and Educational Fund submitted a FOIA request to the Department of Justice's Office of Community-Oriented Policing Services for five categories of records concerning the collaborative reform assessment for the North Charleston Police Department. The agency acknowledged receipt of the request. It disclosed 58 documents responsive to two categories of the NAACP's request. Its final response provided three additional pages, but told the NAACP that it was withholding 331 pages under Exemption 5 (privileges). The NAACP filed an administrative appeal to the Office of Information Policy. OIP acknowledged receipt of the appeal, but after hearing nothing further the NAACP Legal Defense & Educational Fund filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. Department Of Justice including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES
DefendantU.S. Department Of Justice including its component OFFICE OF INFORMATION POLICY
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-05-161COMPLAINT against U.S. DEPARTMENT OF JUSTICE, U.S. DEPARTMENT OF JUSTICE. (Filing Fee $ 400.00, Receipt Number 0208-15075324)Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Exhibit 1 - July 2015 Letter, # 2 Exhibit 2 - April 2016 Letter, # 3 Exhibit 3 - Memorandum of Agreement, # 4 Exhibit 4 - July 2017 Letter, # 5 Exhibit 5 - August 2017 Letter, # 6 Exhibit 6 - FOIA Request, # 7 Exhibit 7 - Interim Response, # 8 Exhibit 8 - Final Response, # 9 Exhibit 9 - FOIA Appeal, # 10 Exhibit 10 - OIP Acknowledgment)(Spital, Samuel) (Entered: 05/16/2018)
2018-05-162CIVIL COVER SHEET filed. (Spital, Samuel) (Entered: 05/16/2018)
2018-05-163FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Office of Community Oriented Policing Services (COPS), re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) Modified on 5/17/2018 (pne). (Entered: 05/16/2018)
2018-05-164FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Office of Information Policy, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) Modified on 5/17/2018 (pne). (Entered: 05/16/2018)
2018-05-165NOTICE OF APPEARANCE by Samuel Spital on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/16/2018)
2018-05-166RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Spital, Samuel) (Entered: 05/16/2018)
2018-05-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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 . (pne) (Entered: 05/17/2018)
2018-05-17Magistrate Judge Debra C. Freeman 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 . (pne) (Entered: 05/17/2018)
2018-05-17Case Designated ECF. (pne) (Entered: 05/17/2018)
2018-05-17***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Samuel Spital. The party information for the following parties has been modified: U.S. Department Of Justice, U.S. Department Of Justice. The information for the parties has been modified for the following reason: party name was entered in all caps. (pne) (Entered: 05/17/2018)
2018-05-17***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Samuel Spital. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction has been made to your case entry: the Fee Status code has been modified to pd (paid). (pne) (Entered: 05/17/2018)
2018-05-17***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Samuel Spital to RE-FILE Document No. 3 Request for Issuance of Summons, 4 Request for Issuance of Summons,. The filing is deficient for the following reasons: caption entered on summons request is incorrect; defendant party name is incorrect on the summons request and on the docket entry text. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) (Entered: 05/17/2018)
2018-05-177REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice including its component Office of Community Oriented Policing Services, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/17/2018)
2018-05-178REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice including its component Office of Information Policy, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 05/17/2018)
2018-05-189ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ). (dnh) (Entered: 05/18/2018)
2018-05-1810ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY). (dnh) (Main Document 10 replaced on 5/18/2018) (dnh). (Entered: 05/18/2018)
2018-05-1811ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/1/2018 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 5/18/2018) (ne) (Entered: 05/18/2018)
2018-05-1812ORDER TO ANSWER: This Court, having received Petitioner's complaint seeking a writ of mandamus pursuant to 28 U.S.C. § 1361, hereby ORDERS that: The United States Attorney for the Southern District of New York must respond within 60 days. The petitioner may file a reply within 14 days of the filing of the response. It is further ORDERED that the Clerk of Court transmit a copy of this Order and the Complaint to the United States Attorney for this District, Attention: Chief of the Civil Division. SO ORDERED. (Signed by Judge P. Kevin Castel on 5/18/2018) (mml) (Entered: 05/18/2018)
2018-05-18Transmission to Docket Assistant Clerk. Transmitted re: 12 Order to Answer to the Docket Assistant Clerk for case processing. (mml) (Entered: 05/18/2018)
2018-05-18Mailed a copy of 1 Complaint,, 12 Order to Answer to U.S. Attorney's Office, S.D.N.Y., Attn: Civil Division, 86 Chambers Street, 3rd Floor, New York, NY 10007. (rro) (Entered: 05/18/2018)
2018-06-0113SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) served on 5/18/2018, answer due 6/18/2018. Service was accepted by Israel Mihaya, Clerk, U.S. Attorney for Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-0114SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. Service was accepted by Israel Mihaya, Clerk, U.S. Attorney for Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-0115SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY) served on 5/21/2018, answer due 6/20/2018; U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) served on 5/21/2018, answer due 6/20/2018. Service was accepted by Desiree Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-0116SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ) served on 5/23/2018, answer due 6/22/2018. Service was accepted by Desiree Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-0117SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. Service was accepted by Desiree Brown Authorized Agent for U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Spital, Samuel) (Entered: 06/01/2018)
2018-06-1218LETTER addressed to Judge P. Kevin Castel from Christine S. Poscablo dated June 12, 2018 re: Order to Answer (ECF No. 12). Document filed by U.S. Department Of Justice(including its component OFFICE OF INFORMATION POLICY), U.S. Department Of Justice(including its component OFFICE OF COMMUNITY ORIENTED POLICING SERVICES ).(Poscablo, Christine) (Entered: 06/12/2018)
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by FOIA Project Staff