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Case TitleSouthern Poverty Law Center et al v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv10861
Date Filed2018-11-20
Date ClosedOpen
JudgeJudge Vernon S. Broderick
PlaintiffSouthern Poverty Law Center
PlaintiffLambda Legal Defense and Education Fund, Inc.
Case DescriptionThe Southern Poverty Law Center and the Lambda Legal Defense and Education Fund submitted FOIA requests to the Department of Justice for records concerning the Change Notice pertaining to prison management and security in housing transgendered individuals. Several DOJ components the Civil Division and the Civil Rights Division told SPLC that they found no responsive records. After hearing nothing further from the agency, SPLC and Lambda filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit, Adequacy - Search

DefendantUnited States Department of Justice
DefendantFederal Bureau of Prisons
Documents
Docket
Complaint
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Complaint attachment 12
Complaint attachment 13
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-11-201COMPLAINT against Federal Bureau of Prisons, United States Department of Justice. (Filing Fee $ 400.00, Receipt Number ANYSDC-15940263)Document filed by Southern Poverty Law Center, Lambda Legal Defense and Education Fund, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13)(Dolan, Matthew) (Entered: 11/20/2018)
2018-11-202CIVIL COVER SHEET filed. (Dolan, Matthew) (Entered: 11/20/2018)
2018-11-203REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Lambda Legal Defense and Education Fund, Inc., Southern Poverty Law Center. (Dolan, Matthew) (Entered: 11/20/2018)
2018-11-204REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Prisons, re: 1 Complaint,. Document filed by Lambda Legal Defense and Education Fund, Inc., Southern Poverty Law Center. (Dolan, Matthew) (Entered: 11/20/2018)
2018-11-205RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Lambda Legal Defense and Education Fund, Inc., Southern Poverty Law Center.(Dolan, Matthew) (Entered: 11/20/2018)
2018-11-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Robert W. Sweet. 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 . (sj) (Entered: 11/21/2018)
2018-11-21Magistrate Judge Stewart D. Aaron 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 . (sj) (Entered: 11/21/2018)
2018-11-21Case Designated ECF. (sj) (Entered: 11/21/2018)
2018-11-216ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Prisons. (sj) (Entered: 11/21/2018)
2018-11-217ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (sj) (Entered: 11/21/2018)
2018-12-108MOTION for Diego A. Soto to Appear Pro Hac Vice for the Southern Poverty Law Center . Filing fee $ 200.00, receipt number ANYSDC-16028496. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Poverty Law Center. (Attachments: # 1 Affidavit of Diego A. Soto, # 2 Alabama Certificate of Good Standing, # 3 DC Certificate of Good Standing, # 4 Text of Proposed Order)(Soto, Diego) (Entered: 12/10/2018)
2018-12-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 8 MOTION for Diego A. Soto to Appear Pro Hac Vice for the Southern Poverty Law Center . Filing fee $ 200.00, receipt number ANYSDC-16028496. Motion and supporting papers to be reviewed by Clerk's Office staff.</FON. The document has been reviewed and there are no deficiencies. (wb) (Entered: 12/10/2018)
2018-12-109AFFIDAVIT OF SERVICE of Summons in a Civil Action (Federal Bureau of Prisons), Summons in a Civil Action (U.S. Department of Justice), Complaint, Rule 7.1 Statement, Individual Practices of Judge Robert W. Sweet, Individual Practices of Magistrate Judge Stewart D. Aaron served on United States Department of Justice, Federal Bureau of Prisons on December 4, 2018. Service was made by Certified and Registered Mail. Document filed by Lambda Legal Defense and Education Fund, Inc., Southern Poverty Law Center. (Dolan, Matthew) (Entered: 12/10/2018)
2018-12-1110NOTICE OF APPEARANCE by Richard Saenz on behalf of Lambda Legal Defense and Education Fund, Inc.. (Saenz, Richard) (Entered: 12/11/2018)
2018-12-1311FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for David Carter Dinielli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16051439. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Poverty Law Center. (Attachments: # 1 Text of Proposed Order Proposed Order for Admission Pro Hac Vice, # 2 Affidavit Affidavit of Dinielli, # 3 Supplement Dinielli Certificate of Good Standing)(Diniell, David) Modified on 12/14/2018 (wb). (Entered: 12/13/2018)
2018-12-14>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 11 MOTION for David Carter Dinielli to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16051439. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California;. 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 Proposed Order.. (wb) (Entered: 12/14/2018)
2018-12-1712ORDER FOR ADMISSION PRO HAC VICE granting 8 Motion for Diego A. Soto to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 12/13/2018) (rro) (Entered: 12/17/2018)
2018-12-2716STANDING 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)
2018-12-2718STANDING 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: 01/07/2019)
2018-12-27Case Stayed (mro) (Entered: 01/14/2019)
2018-12-2813NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Department of Justice. (Onozawa, Tomoko) (Entered: 12/28/2018)
2018-12-2814NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Federal Bureau of Prisons. (Onozawa, Tomoko) (Entered: 12/28/2018)
2018-12-2815LETTER MOTION to Stay addressed to Judge Robert W. Sweet from AUSA Tomoko Onozawa dated 12/28/2018. Document filed by Federal Bureau of Prisons, United States Department of Justice. (Attachments: # 1 Exhibit A)(Onozawa, Tomoko) (Entered: 12/28/2018)
2019-01-0317ORDER granting 15 Letter Motion to Stay. So ordered. (Signed by Judge Robert W. Sweet on 1/3/2019) (rro) (Entered: 01/03/2019)
2019-02-0419MOTION for David Carter Dinielli to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Southern Poverty Law Center. (Attachments: # 1 Affidavit Affidavit of David C. Dinielli in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing for David C. Dinielli from Supreme Court of CA, # 3 Text of Proposed Order Proposed Order for Admission Pro Hac Vice of David C. Dinielli)(Dinielli, David) (Entered: 02/04/2019)
2019-02-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for David Carter Dinielli to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 02/04/2019)
2019-02-0520LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Robert W. Sweet from AUSA Tomoko Onozawa dated 2/5/2019. Document filed by Federal Bureau of Prisons, United States Department of Justice.(Onozawa, Tomoko) (Entered: 02/05/2019)
2019-02-0621ORDER FOR ADMISSION PRO HAC VICE: granting 19 Motion for David C. Dinielli to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. So Ordered (Signed by Judge Robert W. Sweet on 2/5/2019) (js) (Entered: 02/06/2019)
2019-02-0622ORDER granting 20 Letter Motion for Extension of Time to Answer. So Ordered. Federal Bureau of Prisons answer due 2/19/2019; United States Department of Justice answer due 2/19/2019 (Signed by Judge Robert W. Sweet on 2/6/2019) (cf) (Entered: 02/06/2019)
2019-02-1923ANSWER to 1 Complaint,. Document filed by Federal Bureau of Prisons, United States Department of Justice.(Onozawa, Tomoko) (Entered: 02/19/2019)
2019-03-0724PRETRIAL ORDER: Counsel are directed to appear in courtroom 18Con 6/4/19 at 12 p.m., for a pretrial conference for the purpose of discussing settlement with the Court, and as further set forth in this Order. It is so ordered. (Pretrial Conference set for 6/4/2019 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 3/7/2019) (jca) (Entered: 03/07/2019)
2019-03-2725DIRECTION TO THE BAR AND INTERIM ORDER OF REFERENCE: The Hon. Robert W. Sweet of this court having died on March 24, 2019; and Time being needed in order to effect the reassignment of the cases on his docket: IT IS HEREBY ORDERED THAT, pending the reassignment of Judge Sweet's civil cases, all urgent matters should be taken either to the Magistrate Judge who is assigned to the case or to the District Judge sitting in Part I. In cases in which Judge Sweet did not sign an order of reference, this order operates as an interim order of reference to the Magistrate Judge for interim pre-trial supervision. Routine case management requests (such as, for extension of time) should be directed to the Magistrate Judge, not to the Part I Judge. Referred to Magistrate Judge Stewart D. Aaron. (Signed by Judge Colleen McMahon on 3/27/2019) (mro) (Entered: 03/29/2019)
2019-04-08NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Robert W. Sweet is no longer assigned to the case. (sjo) (Entered: 04/08/2019)
2019-04-0826ORDER: As Counsel may be aware, this case was recently reassigned to me for all purposes. It is hereby: ORDERED that the previously initial pretrial conference is adjourned from June 4, 2019 to June 21, 2019 at 10:30 a.m. That conference will be held in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York and further set forth in this Order. (Initial Conference set for 6/21/2019 at 10:30 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick.) (Signed by Judge Vernon S. Broderick on 4/8/2019) (rro) (Entered: 04/08/2019)
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by FOIA Project Staff
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