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Case TitleNAACP Legal Defense & Educational Fund, Inc. v. U.S. Department Of Justice
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv09363
Date Filed2018-10-12
Date ClosedOpen
JudgeJudge Alison J. Nathan
PlaintiffNAACP Legal Defense & Educational Fund, Inc.
Case DescriptionThe NAACP Legal Defense and Educational Fund submitted FOIA requests to the Department of Justice for records concerning the agency's decision to ask for a citizenship question on the 2020 Census form in order to enforce the Voting Rights Act. LDF also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. The Civil Rights Division told LDF that it was withholding responsive records under Exemption 7(A) (ongoing investigation or proceeding). LDF filed an administrative appeal of that decision and the agency upheld the Exemption 7(A) claim. The Office of Information Policy told LDF that its request for expedited processing was being considered but could not provide a timeframe in which to respond to LDF's request. After hearing nothing further from OIP, LDF filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department Of Justice
Documents
Docket
Complaint
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User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-121COMPLAINT against U.S. Department Of Justice. (Filing Fee $ 400.00.)Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Exhibit A - Apr. 11, 2018 Request, # 2 Exhibit B - Apr. 25, 2018 Letter, # 3 Exhibit C - Apr. 30, 2018 Letter, # 4 Exhibit D - May 31, 2018 Letter, # 5 Exhibit E - July 13, 2018 Email, # 6 Exhibit F - July 16, 2018 Email, # 7 Exhibit G - August 28, 2018 Letter, # 8 Exhibit H - Sept. 17, 2018 Email, # 9 Exhibit I - Sept. 27, 2018 Letter)(Aden, Leah) (Entered: 10/12/2018)
2018-10-122CIVIL COVER SHEET filed. (Aden, Leah) (Entered: 10/12/2018)
2018-10-123REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,,. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Aden, Leah) (Entered: 10/12/2018)
2018-10-124NOTICE OF APPEARANCE by Leah Camille Aden on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Aden, Leah) (Entered: 10/12/2018)
2018-10-125RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by NAACP Legal Defense & Educational Fund, Inc..(Aden, Leah) (Entered: 10/12/2018)
2018-10-15Civil Case Opening Fee Payment: for 1 Complaint,,. Filing fee $ 400.00.(Aden, Leah) (Entered: 10/15/2018)
2018-10-15***NOTICE TO ATTORNEY TO PAY THE FILING FEE. Notice to Attorney Leah Camille Aden. Civil Case Opening Fee of $400 Due: for 1 Complaint,,. The filing fee due was not paid; either in whole or in part. If the filing fee is not paid within five (5) days, per Amended Standing Order 15-mc-131, this case will be administratively closed. Filing Fee due by 10/22/2018. (jgo) (Entered: 10/15/2018)
2018-10-15Civil Case Opening Fee Payment: for 1 Complaint,,. Filing fee $ 400.00, receipt number ANYSDC-15748003.(Aden, Leah) (Entered: 10/15/2018)
2018-10-16***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Leah Camille Aden. The following case opening statistical information was erroneously selected/entered: Fee Date 10/12/2018;. The following correction(s) have been made to your case entry: the Fee Date has been modified to 10/15/2018;. (jgo) (Entered: 10/16/2018)
2018-10-16CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 . (jgo) (Entered: 10/16/2018)
2018-10-16Magistrate Judge Henry B. Pitman 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 . (jgo) (Entered: 10/16/2018)
2018-10-16Case Designated ECF. (jgo) (Entered: 10/16/2018)
2018-10-166ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice. (jgo) (Entered: 10/16/2018)
2018-10-177SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. U.S. Department Of Justice served on 10/17/2018, answer due 11/16/2018. Service was accepted by Haojun Li, Clerk, U.S. Attorney for Southern District of New York. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Aden, Leah) (Entered: 10/17/2018)
2018-10-188SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. Service was accepted by Brian Cress, Mail Clerk and Authorized Agent of the U.S. Department of Justice. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Aden, Leah) (Entered: 10/18/2018)
2018-10-259NOTICE OF APPEARANCE by Aaron Ross Sussman on behalf of NAACP Legal Defense & Educational Fund, Inc.. (Sussman, Aaron) (Entered: 10/25/2018)
2018-10-2610NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Initial Conference set for 2/8/2019 at 03:15 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/26/2018) (jca) Modified on 10/26/2018 (jca). (Entered: 10/26/2018)
2018-11-0911MOTION for Cerissa Irene Cafasso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15891145. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by NAACP Legal Defense & Educational Fund, Inc.. (Attachments: # 1 Affidavit in Support of Motion to Appear Pro Has Vice, # 2 Certificates of Good Standing, # 3 Text of Proposed Order)(Cafasso, Cerissa) (Entered: 11/09/2018)
2018-11-09>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 11 MOTION for Cerissa Irene Cafasso to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15891145. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 11/09/2018)
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by FOIA Project Staff
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