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Case TitleBehar v. Department of Homeland Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv07516
Date Filed2018-08-17
Date ClosedOpen
JudgeJudge Lewis A. Kaplan
PlaintiffRichard Behar
Case DescriptionRichard Behar, a contributing editor to Forbes, submitted a FOIA request to the U.S. Secret Service in 2017 for records concerning individuals screened by the agency prior to the 2016 election because they wanted to visit Donald Trump or others associated with his campaign. After the agency failed to respond, Behar filed suit and the court set guidelines for the agency's search. The agency then told Behar it found no responsive records and told Behar to file a new request that would include dates after Trump became President. Behar filed a new request and the agency told Behar it had found responsive records. However, it withheld the records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). Behar filed an administrative appeal, which was denied. Behar then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantDepartment of Homeland Security
TERMINATED: 08/21/2018
DefendantDepartment of Homeland Security
DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-171FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against U.S. Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number 0208-15465774)Document filed by Richard Behar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Langford, John) Modified on 8/20/2018 (jgo). (Entered: 08/17/2018)
2018-08-172CIVIL COVER SHEET filed. (Langford, John) (Entered: 08/17/2018)
2018-08-173FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Richard Behar. (Langford, John) Modified on 8/20/2018 (jgo). (Entered: 08/17/2018)
2018-08-20***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney John Langford. The party information for the following party/parties has been modified: Department of Homeland Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 08/20/2018)
2018-08-20***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Langford to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 08/20/2018)
2018-08-20***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE RELATED CASE STATEMENT. Notice to Attorney John Langford, for non compliance with Local Rule 13 of the Division of Business Among Judges. Attorney must electronically file the Related Case Statement. Use the event type Statement of Relatedness found under the event list Other Documents. (jgo) (Entered: 08/20/2018)
2018-08-20***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Langford. The following case opening statistical information was erroneously selected/entered: County code New York;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 08/20/2018)
2018-08-20CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) (Entered: 08/20/2018)
2018-08-20Case Designated ECF. (jgo) (Entered: 08/20/2018)
2018-08-20CASE REFERRED TO Judge Lewis A. Kaplan as possibly related to 17-cv-8153. (jgo) (Entered: 08/20/2018)
2018-08-204FILING ERROR - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending 1 Complaint, against Department of Homeland Security.Document filed by Richard Behar. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Langford, John) Modified on 8/21/2018 (sj). Modified on 8/21/2018 (laq). (Entered: 08/20/2018)
2018-08-205CIVIL COVER SHEET filed. (Langford, John) (Entered: 08/20/2018)
2018-08-206STATEMENT OF RELATEDNESS re: that this action be filed as related to Civil Case No. 17-cv-8153 (LAK). Document filed by Richard Behar.(Langford, John) (Entered: 08/20/2018)
2018-08-20***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Langford to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'as to' docket entry text, pdf case caption and pdf 'To' section does not match initial pleading caption;;. 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. (jgo) (Entered: 08/20/2018)
2018-08-21***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney John Langford to RE-FILE Document No. 4 Amended Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected - YOU MUST ADD THE NEWLY NAMED PARTY. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (laq) (Entered: 08/21/2018)
2018-08-217AMENDED COMPLAINT amending 4 Amended Complaint, 1 Complaint, against U.S. Department of Homeland Security.Document filed by Richard Behar. Related document: 4 Amended Complaint, 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Langford, John) (Entered: 08/21/2018)
2018-08-218REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 7 Amended Complaint,. Document filed by Richard Behar. (Langford, John) (Entered: 08/21/2018)
2018-08-229ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (sj) (Entered: 08/22/2018)
2018-09-13CASE ACCEPTED AS RELATED. Create association to 1:17-cv-08153-LAK. Notice of Assignment to follow. (wb) (Entered: 09/13/2018)
2018-09-13NOTICE OF CASE REASSIGNMENT to Judge Lewis A. Kaplan. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 09/13/2018)
2018-09-13Magistrate 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 . (wb) (Entered: 09/13/2018)
2018-09-2510ANSWER to 7 Amended Complaint,. Document filed by Department of Homeland Security, U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 09/25/2018)
2018-10-0111MEMO 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)
2018-10-0312MOTION for Summary Judgment . Document filed by Department of Homeland Security. Responses due by 10/31/2018(Normand, Sarah) (Entered: 10/03/2018)
2018-10-0313DECLARATION of Kim E. Campbell in Support re: 12 MOTION for Summary Judgment .. Document filed by Department of Homeland Security. (Normand, Sarah) (Entered: 10/03/2018)
2018-10-0314MEMORANDUM OF LAW in Support re: 12 MOTION for Summary Judgment . . Document filed by Department of Homeland Security. (Normand, Sarah) (Entered: 10/03/2018)
2018-11-1615LETTER MOTION for Extension of Time to File Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated November 16, 2018. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Normand, Sarah) (Entered: 11/16/2018)
2018-11-1916JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff and the government, that: 1. The Secret Service shall file its combined reply and opposition to plaintiff's cross-motion by November 28, 2018, and Plaintiff shall file his reply in further support of his cross-motion by December 24, 2018. SO ORDERED. (Responses due by 11/28/2018, Replies due by 12/24/2018.) (Signed by Judge Lewis A. Kaplan on 11/19/2018) (jca) (Entered: 11/19/2018)
2018-11-2817REPLY MEMORANDUM OF LAW in Support re: 12 MOTION for Summary Judgment . . Document filed by Department of Homeland Security, U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 11/28/2018)
2018-11-2818DECLARATION of AUSA Sarah S. Normand in Support re: 12 MOTION for Summary Judgment .. Document filed by Department of Homeland Security, U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A: Declaration filed in Doyle v. DHS, # 2 Exhibit B: Plaintiff's Third FOIA Request, # 3 Exhibit C: 2/21/18 Joint Stipulation and Order, # 4 Exhibit D: 8/24/18 USSS Letters to Plaintiff, # 5 Exhibit E: 8/24/18 USSS Letters to Plaintiff)(Normand, Sarah) (Entered: 11/28/2018)
2018-12-2719STANDING 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) (mro) (Entered: 01/02/2019)
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by FOIA Project Staff
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