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Case TitleHispanic Federation et al v. United States Department of the Army
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv07969
Date Filed2018-08-31
Date ClosedOpen
JudgeJudge Lewis A. Kaplan
PlaintiffHispanic Federation
PlaintiffGreenLatinos
PlaintiffLabor Council For Latin American Advancement
PlaintiffNational Hispanic Medical Association
PlaintiffSouthwest Environmental Center
PlaintiffAlianza Nacional De Campesinas
Case DescriptionThe Hispanic Federation and five other organizations submitted FOIA requests to the Department of the Army and the Department of the Air Force for records concerning suspected toxic sites at Fort Bliss and Goodfellow Air Force Base. The organizations also asked for expedited processing. The Army acknowledged receipt of the requests. After hearing nothing further from the agencies, the Hispanic Federation and the other organizations filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Department of the Army
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-311COMPLAINT against United States Department of the Army. (Filing Fee $ 400.00, Receipt Number 0208-15517415)Document filed by National Hispanic Medical Association, Hispanic Federation, Labor Council For Latin American Advancement, Alianza Nacional De Campesinas, GreenLatinos, Southwest Environmental Center. (Attachments: # 1 Exhibit 08/17/2018 FOIA Request Regarding Fort Bliss Army Base)(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-312CIVIL COVER SHEET filed. (Cmar, Thomas) (Entered: 08/31/2018)
2018-08-313RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-314RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-315RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-316RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-317RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-318RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Cmar, Thomas) (Entered: 08/31/2018)
2018-08-319REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Army, re: 1 Complaint,. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. (Cmar, Thomas) (Entered: 08/31/2018)
2018-09-04CASE 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 . (dnh) (Entered: 09/04/2018)
2018-09-04Magistrate Judge Gabriel W. Gorenstein 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 . (dnh) (Entered: 09/04/2018)
2018-09-04Case Designated ECF. (dnh) (Entered: 09/04/2018)
2018-09-0410ELECTRONIC SUMMONS ISSUED as to United States Department of the Army. (dnh) (Entered: 09/04/2018)
2018-09-0611ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Lewis A. Kaplan on 9/6/2018) (anc) (Entered: 09/06/2018)
2018-09-0612FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mychal Ozaeta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15537882. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. (Attachments: # 1 Supplement Declaration, # 2 Text of Proposed Order Proposed Order)(Cmar, Thomas) Modified on 9/6/2018 (jc). (Entered: 09/06/2018)
2018-09-0613FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Melissa Legge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15537954. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. (Attachments: # 1 Supplement Declaration, # 2 Text of Proposed Order Proposed Order)(Cmar, Thomas) Modified on 9/6/2018 (jc). (Entered: 09/06/2018)
2018-09-06>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 12 MOTION for Mychal Ozaeta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15537882. Motion and supporting papers to be reviewed by Clerk's Office staff. , 13 MOTION for Melissa Legge to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-15537954. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): attorney seeking admission cannot electronically sign documents if another attorney's ECF credentials are being used - attorney need to hand sign OR apply for their own ECF credentials. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) (Entered: 09/06/2018)
2018-09-1014MOTION for Mychal Ozaeta to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. (Attachments: # 1 Exhibit Declaration, # 2 Text of Proposed Order Proposed Order)(Ozaeta, Mychal) (Entered: 09/10/2018)
2018-09-1015MOTION for Melissa Anne Legge to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. (Attachments: # 1 Exhibit Declaration, # 2 Proposed Order)(Legge, Melissa) (Entered: 09/10/2018)
2018-09-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Mychal Ozaeta to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. , 15 MOTION for Melissa Anne Legge to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The documents have been reviewed and there are no deficiencies. (jc) (Entered: 09/10/2018)
2018-09-1216ORDER FOR ADMISSION PRO HAC VICE: granting 14 Motion for Mychal Ozaeta to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/12/2018) (ama) (Entered: 09/12/2018)
2018-09-1217ORDER FOR ADMISSION PRO HAC VICE: granting 15 Motion for Melissa Anne Legge to Appear Pro Hac Vice. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/12/2018) (ama) (Entered: 09/12/2018)
2018-09-1918SUMMONS RETURNED EXECUTED. United States Department of the Army served on 9/5/2018, answer due 9/26/2018. Service was made by Mail. Document filed by National Hispanic Medical Association; Hispanic Federation; Labor Council For Latin American Advancement; Alianza Nacional De Campesinas; GreenLatinos; Southwest Environmental Center. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Cmar, Thomas) (Entered: 09/19/2018)
2018-10-0519LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge Gabriel W. Gorenstein from AUSA Anthony J. Sun dated 10/5/2018. Document filed by United States Department of the Army.(Sun, Anthony) (Entered: 10/05/2018)
2018-10-0520ORDER: The deadline to respond to the complaint is extended to October 31, 2018. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/05/2018) (rch) (Entered: 10/05/2018)
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