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Case TitleNew York Civil Liberties Union v. United States Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv11557
Date Filed2018-12-11
Date Closed2020-04-27
JudgeJudge Mary Kay Vyskocil
PlaintiffNew York Civil Liberties Union
Case DescriptionThe New York Civil Liberties Union submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning custody determinations. NYCLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. It denied the NYCLU's request for expedited processing but granted its request for a fee waiver. The NYCLU filed an administrative appeal of the agency's denial of expedited processing. The agency upheld its denial of expedited processing. After hearing nothing further from the agency, NYCLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-111COMPLAINT against United States Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-16035069)Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit FOIA Request)(Austin, Paige) (Entered: 12/11/2018)
2018-12-112CIVIL COVER SHEET filed. (Austin, Paige) (Entered: 12/11/2018)
2018-12-113RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Civil Liberties Union.(Austin, Paige) (Entered: 12/11/2018)
2018-12-12***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paige Austin. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) (Entered: 12/12/2018)
2018-12-12CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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 . (pc) (Entered: 12/12/2018)
2018-12-12Magistrate 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 . (pc) (Entered: 12/12/2018)
2018-12-12Case Designated ECF. (pc) (Entered: 12/12/2018)
2018-12-124REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint. Document filed by New York Civil Liberties Union. (Austin, Paige) (Entered: 12/12/2018)
2018-12-135ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 12/13/2018)
2018-12-176ORDER: This case has been assigned to me for all purposes. Plaintiff is directed to notify the Court when service has been executed on Defendant, after which the Court will promptly schedule an initial conference. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/17/2018) (anc) (Entered: 12/17/2018)
2018-12-177NOTICE OF APPEARANCE by Christopher T Dunn on behalf of New York Civil Liberties Union. (Dunn, Christopher) (Entered: 12/17/2018)
2018-12-188SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint served. United States Immigration and Customs Enforcement served on 12/18/2018, answer due 1/17/2019. Service was accepted by Haojun Li, Civil Clerk. Service was made by Mail. Document filed by New York Civil Liberties Union. (Attachments: # 1 Affidavit of Service, # 2 Exhibit to Affidavit)(Austin, Paige) (Entered: 12/18/2018)
2018-12-189NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of United States Immigration and Customs Enforcement. (Krause, Andrew) (Entered: 12/18/2018)
2018-12-2010ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 1/25/2019 at 11:15 AM in Courtroom 1506, 40 Foley Street, New York, NY 10007 before Judge Ronnie Abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/20/2018) (rj) (Entered: 12/20/2018)
2018-12-2711STANDING 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 12/27/18) (yv) (Entered: 01/02/2019)
2019-01-3012AFFIDAVIT OF SERVICE of Court's Order and Notice of Initial Conference served on Andrew Krause on January 30, 2019. Service was accepted by Andrew Krause, Assistant U.S. Attorney. Document filed by New York Civil Liberties Union. (Austin, Paige) (Entered: 01/30/2019)
2019-02-0613ORDER: Counsel for all parties shall appear for an initial status conference on March 8, 2019 at 2:30 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. No later than March 1, 2019, the parties shall submit a joint pre-conference letter providing the information requested in the Order at docket entry 10. SO ORDERED. Initial Conference set for 3/8/2019 at 02:30 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 2/6/2019) (ne) (Entered: 02/06/2019)
2019-02-1414MOTION for Paige Parker Austin to Withdraw as Attorney for Plaintiff . Document filed by New York Civil Liberties Union.(Austin, Paige) (Entered: 02/14/2019)
2019-02-1515NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of New York Civil Liberties Union. (Gemmell, Antony) (Entered: 02/15/2019)
2019-02-1516MEMO ENDORSEMENT granting 14 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Attorney Paige Austin terminated.) (Signed by Judge Ronnie Abrams on 2/15/2019) (rro) (Entered: 02/19/2019)
2019-02-2117FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Amy Louise Belsher to Appear Pro Hac Vice for Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16381098. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York Civil Liberties Union. (Attachments: # 1 Supplement in support of Motion to Appear Pro Hac Vice, # 2 Affidavit in support of Motion to Appear Pro Hac Vice, # 3 Text of Proposed Order in support of Motion to Appear Pro Hac Vice)(Belsher, Amy) Modified on 2/21/2019 (wb). (Entered: 02/21/2019)
2019-02-21>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 17 MOTION for Amy Louise Belsher to Appear Pro Hac Vice for Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16381098. 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: 02/21/2019)
2019-02-2118ANSWER to 1 Complaint. Document filed by United States Immigration and Customs Enforcement.(Krause, Andrew) (Entered: 02/21/2019)
2019-02-2519MOTION for Amy Louise Belsher to Appear Pro Hac Vice for Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16398134. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by New York Civil Liberties Union. (Attachments: # 1 Affidavit in support of Motion to Appear Pro Hac Vice, # 2 Supplement in support of Motion to Appear Pro Hac Vice, # 3 Supplement in support of Motion to Appear Pro Hac Vice, # 4 Text of Proposed Order in support of Motion to Appear Pro Hac Vice)(Belsher, Amy) (Entered: 02/25/2019)
2019-02-25>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 19 MOTION for Amy Louise Belsher to Appear Pro Hac Vice for Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16398134. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ma) (Entered: 02/25/2019)
2019-02-2620ORDER granting 19 Motion for Amy Louise Belsher to Appear Pro Hac Vice (HEREBY ORDERED by Judge Ronnie Abrams)(Text Only Order) (arc) (Entered: 02/26/2019)
2019-03-0121LETTER addressed to Judge Ronnie Abrams from Both Parties dated 3/1/19 re: Joint Pre-conference Letter Providing Information Requested by Court (ECF 10). Document filed by New York Civil Liberties Union.(Belsher, Amy) (Entered: 03/01/2019)
2019-03-08Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 3/8/2019. (arc) (Entered: 03/08/2019)
2019-03-0822ORDER: As discussed at today's conference, the parties shall submit a joint status letter no later than March 29, 2019. Counsel for all parties shall appear for a status conference on April 5, 2019 at 12:45 p.m. SO ORDERED. (Status Conference set for 4/5/2019 at 12:45 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 3/8/2019) (rro) (Entered: 03/08/2019)
2019-03-2923LETTER addressed to Judge Ronnie Abrams from the parties dated March 29, 2019 re: Joint Status Update. Document filed by New York Civil Liberties Union.(Belsher, Amy) (Entered: 03/29/2019)
2019-04-0124MEMO ENDORSEMENT: on re: 23 Letter filed by New York Civil Liberties Union. ENDORSEMENT: Application granted. The parties shall further update the Court no later than May 10, 2019. The status conference currently scheduled for April 5, 2019 is adjourned until May 17, 2019 at 10:30 a.m. SO ORDERED., ( Status Conference set for 5/17/2019 at 10:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 4/01/2019) (ama) (Entered: 04/02/2019)
2019-05-1025JOINT LETTER addressed to Judge Ronnie Abrams from Counsel for Plaintiff and Federal Defendant dated 5/10/19 re: Joint Status Update. Document filed by New York Civil Liberties Union.(Belsher, Amy) (Entered: 05/10/2019)
2019-05-1326MEMO ENDORSEMENT on re: 25 Letter filed by New York Civil Liberties Union. ENDORSEMENT: Application granted. The parties shall further update the Court no latter than June 17, 2019. The conference currently scheduled for May 17, 2019 is adjourned until further notice. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/13/2019) (ks) (Entered: 05/13/2019)
2019-06-1727STATUS REPORT. Document filed by New York Civil Liberties Union.(Belsher, Amy) (Entered: 06/17/2019)
2019-06-2528MEMO ENDORSEMENT: on re: 27 Status Report filed by New York Civil Liberties Union. ENDORSEMENT: Application Granted. The parties shall further update the Court no later than July 19, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/25/2019) (ama) (Entered: 06/25/2019)
2019-07-1929STATUS REPORT. Document filed by New York Civil Liberties Union.(Belsher, Amy) (Entered: 07/19/2019)
2019-07-2330MEMO ENDORSEMENT on re: 29 Status Report filed by New York Civil Liberties Union. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 7/22/2019) (rj) (Entered: 07/23/2019)
2019-09-0631STATUS REPORT. Document filed by New York Civil Liberties Union.(Belsher, Amy) (Entered: 09/06/2019)
2019-09-0932MEMO ENDORSEMENT: on re: 31 Status Report filed by New York Civil Liberties Union. ENDORSEMENT: The production schedule set forth above is approved. The parties shall submit a joint status letter no later then October 18, 2019. SO ORDERED. (Signed by Judge Ronnie Abrams on 9/09/2019) (ama) (Entered: 09/09/2019)
2019-10-1833STATUS REPORT. Document filed by United States Immigration and Customs Enforcement.(Krause, Andrew) (Entered: 10/18/2019)
2019-10-2134MEMO ENDORSEMENT on re: 33 Status Report filed by United States Immigration and Customs Enforcement. ENDORSEMENT: Application granted. The parties shall submit a joint status report no later than December 18, 2019, and a final joint status report no later than March 10, 2020. If the parties determine that summary judgment briefing is necessary, they shall propose a briefing schedule in the March 10, 2020 status report. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/21/2019) (kv) (Entered: 10/21/2019)
2019-12-1735STATUS REPORT. Document filed by United States Immigration and Customs Enforcement.(Krause, Andrew) (Entered: 12/17/2019)
2019-12-1836MEMO ENDORSEMENT on re: 35 Status Report filed by United States Immigration and Customs Enforcement. ENDORSEMENT: Application granted. The parties shall submit their final joint status report no later than March 10, 2020, and shall include a proposed briefing schedule if they determine that summary judgment briefing is necessary. (Signed by Judge Ronnie Abrams on 12/18/2019) (rj) (Entered: 12/18/2019)
2020-02-06NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Ronnie Abrams is no longer assigned to the case..(wb) (Entered: 02/06/2020)
2020-03-0937STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Krause, Andrew) (Entered: 03/09/2020)
2020-03-1038MEMO ENDORSEMENT on re: 37 Status Report filed by United States Immigration and Customs Enforcement. ENDORSEMENT: GRANTED. So Ordered. (Signed by Judge Mary Kay Vyskocil on 3/10/20) (yv) (Entered: 03/10/2020)
2020-03-2339NOTICE OF APPEARANCE by Megan Sallomi on behalf of New York Civil Liberties Union..(Sallomi, Megan) (Entered: 03/23/2020)
2020-03-3140STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Krause, Andrew) (Entered: 03/31/2020)
2020-03-3141MEMO ENDORSEMENT on re: 40 Status Report filed by United States Immigration and Customs Enforcement. ENDORSEMENT: Granted. (Signed by Judge Mary Kay Vyskocil on 3/31/2020) (mro) (Entered: 03/31/2020)
2020-04-2342PROPOSED STIPULATION AND ORDER. Document filed by United States Immigration and Customs Enforcement..(Krause, Andrew) (Entered: 04/23/2020)
2020-04-2743STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, the Parties hereby stipulate and agree as follows: 1. As soon as reasonably practicable after the Court has approved and docketed this Stipulation and Order, ICE shall pay to the NYCLU the sum of eighteen thousand five hundred dollars ($18,500.00) in settlement of the NYCLU's claims for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by the NYCLU for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for the NYCLU will provide the necessary information for ICE to effectuate the transfer. 2. The NYCLU releases and discharges ICE and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that the NYCLU asserted, or could have asserted, in this litigation or any administrative proceeding arising out of the FOIA Request. 3. This action is hereby dismissed with prejudice and without any costs or fees except as provided in paragraph 1 of this Stipulation and Order; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 4/27/2020) (mro) Transmission to Finance Unit (Cashiers) for processing. (Entered: 04/27/2020)
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