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Case TitleHispanic Federation et al v. Department of The Air Force
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv12077
Date Filed2018-12-20
Date ClosedOpen
JudgeJudge Mary Kay Vyskocil
PlaintiffHispanic Federation
PlaintiffAlianza Nacional De Campesinas
PlaintiffGreenLatinos
PlaintiffLabor Council For Latin American Advancement
PlaintiffNational Hispanic Medical Association
PlaintiffSouthwest Environmental Center
Case DescriptionThe Hispanic Federation, five other Hispanic organizations, and the Southwest Environmental Center submitted FOIA requests to the Department of the Air Force for records concerning environmental hazards and the proposed detention camp at Goodfellow AFB. The organizations also requested expedited processing. The Air Force acknowledged receipt of the requests and granted the request for expedited processing. After considerable back and forth pertaining to the expedited processing of the request, the Air Force indicated that it hoped to gather the responsive materials within the next two weeks. After hearing nothing further from the agency, 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 Air Force
DefendantDepartment of The Air Force
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [37]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-201FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Department of The Air Force. (Filing Fee $ 400.00, Receipt Number ANYSDC-16092243)Document filed by Southwest Environmental Center, Labor Council For Latin American Advancement, Hispanic Federation, GreenLatinos, Alianza Nacional De Campesinas, National Hispanic Medical Association. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Civil Cover Sheet Civil Cover Sheet, # 9 Supplement Disclosure Statement, # 10 Supplement Disclosure Statement, # 11 Supplement Disclosure Statement, # 12 Supplement Disclosure Statement, # 13 Supplement Disclosure Statement, # 14 Supplement Disclosure Statement, # 15 Supplement Request for Issuance of Summons)(Cmar, Thomas) Modified on 12/21/2018 (dnh). (Entered: 12/20/2018)
2018-12-21***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Thomas Joseph Cmar. The party information for the following party/parties has been modified: Department of The Air Force. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) (Entered: 12/21/2018)
2018-12-21***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Thomas Joseph Cmar 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. (dnh) (Entered: 12/21/2018)
2018-12-21***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Thomas Joseph Cmar. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (dnh) (Entered: 12/21/2018)
2018-12-21***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Thomas Joseph Cmar. 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). (dnh) (Entered: 12/21/2018)
2018-12-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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: 12/21/2018)
2018-12-21Magistrate 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: 12/21/2018)
2018-12-21Case Designated ECF. (dnh) (Entered: 12/21/2018)
2018-12-212FILING ERROR - PDF ERROR - COMPLAINT against United States Department of The Air Force. Document filed by Southwest Environmental Center, Labor Council For Latin American Advancement, Hispanic Federation, GreenLatinos, Alianza Nacional De Campesinas, National Hispanic Medical Association. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Cmar, Thomas) Modified on 1/3/2019 (jgo). (Entered: 12/21/2018)
2018-12-213CIVIL COVER SHEET filed. (Cmar, Thomas) (Entered: 12/21/2018)
2018-12-214RULE 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: 12/21/2018)
2018-12-215RULE 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: 12/21/2018)
2018-12-216RULE 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: 12/21/2018)
2018-12-217RULE 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: 12/21/2018)
2018-12-218RULE 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: 12/21/2018)
2018-12-219RULE 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: 12/21/2018)
2018-12-2110REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Air Force, re: 2 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: 12/21/2018)
2018-12-2711ELECTRONIC SUMMONS ISSUED as to United States Department of The Air Force. (dnh) (Entered: 12/27/2018)
2019-01-0312COMPLAINT against United States Department of The Air Force. Document filed by Southwest Environmental Center, Labor Council For Latin American Advancement, Hispanic Federation, GreenLatinos, Alianza Nacional De Campesinas, National Hispanic Medical Association. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G)(Cmar, Thomas) (Entered: 01/03/2019)
2019-01-0413FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16142485. 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 Certificate of Good Standing, # 2 Proposed Order)(Ozaeta, Mychal) Modified on 1/4/2019 (bcu). (Entered: 01/04/2019)
2019-01-04>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Mychal Robert Ozaeta to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16142485. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): Attorney Affidavit/Declaration Per Local Rule 1.3 is missing;. Re-file the motion as a Corrected 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.. (bcu) (Entered: 01/04/2019)
2019-01-0414AMENDED MOTION for Mychal Robert 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 Declaration & CoGS, # 2 Proposed Order)(Ozaeta, Mychal) (Entered: 01/04/2019)
2019-01-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 AMENDED MOTION for Mychal Robert Ozaeta 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. (ma) (Entered: 01/04/2019)
2019-01-0915NOTICE OF CHANGE OF ADDRESS by Thomas Joseph Cmar on behalf of Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association. New Address: Earthjustice, 1010 Lake Street, Suite 200, Oak Park, Illinois, United States 60301, 3122579338. (Cmar, Thomas) (Entered: 01/09/2019)
2019-01-1816CONSENT LETTER MOTION to Stay case and toll answer deadline in light of lapse of Justice Department appropriations addressed to Judge John G. Koeltl from David S. Jones dated January 18, 2019. Document filed by United States Department of The Air Force. (Attachments: # 1 Exhibit standing order staying certain civil matters pending restoration of Justice Department appropriations)(Jones, David) (Entered: 01/18/2019)
2019-01-2217ORDER granting 16 Letter Motion to Stay. Application granted. This case is subject to Standing Order M10-468. So Ordered. (Signed by Judge John G. Koeltl on 1/18/19) (yv) (Entered: 01/22/2019)
2019-02-0118SUMMONS RETURNED EXECUTED. United States Department of The Air Force served on 1/4/2019, answer due 1/25/2019. Service was made by Mail. Document filed by Southwest Environmental Center; Labor Council For Latin American Advancement; Hispanic Federation; GreenLatinos; Alianza Nacional De Campesinas; National Hispanic Medical Association. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Cmar, Thomas) (Entered: 02/01/2019)
2019-03-0419NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of United States Department of The Air Force. (Doud, Rachael) (Entered: 03/04/2019)
2019-03-1320ANSWER to 12 Complaint,. Document filed by United States Department of The Air Force.(Doud, Rachael) (Entered: 03/13/2019)
2019-03-29Minute Entry for proceedings held before Judge John G. Koeltl: Pretrial Conference set for 4/25/2019 at 04:30 PM in Courtroom 14A, 500 Pearl Street, New York, NY 10007 before Judge John G. Koeltl. (Fletcher, Donnie) (Entered: 03/29/2019)
2019-04-0421NOTICE OF APPEARANCE by Melissa Legge on behalf of Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. (Legge, Melissa) (Entered: 04/04/2019)
2019-04-25Minute Entry for proceedings held before Judge John G. Koeltl: Initial Pretrial Conference held on 4/25/2019. (Fletcher, Donnie) (Entered: 05/09/2019)
2019-04-2622ORDER. The parties are directed to provide the Court with a status report by May 24, 2019, explaining where they are in terms of reaching an agreement and what their schedule is for moving forward. SO ORDERED. (Signed by Judge John G. Koeltl on 4/25/19) (yv) (Entered: 04/26/2019)
2019-05-2423STATUS REPORT. Document filed by Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center.(Legge, Melissa) (Entered: 05/24/2019)
2019-05-2824MEMO ENDORSEMENT on re: 23 Status Report filed by GreenLatinos, Hispanic Federation, Alianza Nacional De Campesinas, Labor Council For Latin American Advancement, Southwest Environmental Center, National Hispanic Medical Association. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge John G. Koeltl on 5/28/2019) (mro) (Entered: 05/29/2019)
2019-05-3025TRANSCRIPT of Proceedings re: CONFERENCE held on 4/25/2019 before Judge John G. Koeltl. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/20/2019. Redacted Transcript Deadline set for 7/1/2019. Release of Transcript Restriction set for 8/28/2019.(McGuirk, Kelly) (Entered: 05/30/2019)
2019-05-3026NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/25/19 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/30/2019)
2019-06-2627STATUS REPORT. 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: 06/26/2019)
2019-06-2828MEMO ENDORSEMENT on re: 27 Status Report filed by GreenLatinos, Hispanic Federation, Alianza Nacional De Campesinas, Labor Council For Latin American Advancement, Southwest Environmental Center, National Hispanic Medical Association. ENDORSEMENT: A conference will be held on Friday, July 12, 2019, at 2:30pm. SO ORDERED. (Status Conference set for 7/12/2019 at 02:30 PM before Judge John G. Koeltl.) (Signed by Judge John G. Koeltl on 6/28/2019) (jca) (Entered: 06/28/2019)
2019-06-2829NOTICE OF CHANGE OF ADDRESS by Thomas Joseph Cmar on behalf of Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. New Address: Earthjustice, 311 S. Wacker Drive, Suite 1400, Chicago, IL, USA 60606, 3126678961. (Cmar, Thomas) (Entered: 06/28/2019)
2019-07-0530LETTER MOTION for Conference re: 28 Memo Endorsement, Set Hearings,, addressed to Judge John G. Koeltl from Thom J. Cmar dated July 5th, 2019. 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: 07/05/2019)
2019-07-0931ORDER granting 30 Letter Motion for Conference. Application Granted. SO ORDERED. (Signed by Judge John G. Koeltl on 7/08/2019) (ama) (Entered: 07/09/2019)
2019-07-12Minute Entry for proceedings held before Judge John G. Koeltl: Status Conference held on 7/12/2019. (Fletcher, Donnie) (Entered: 07/30/2019)
2019-07-1732ORDER: The defendant shall provide a status report by July 26, 2019, which should include, at a minimum: (1) a description of the searches conducted thus far, (2) a description of the ongoing searches; and (3) a timetable to complete the searches, produce the documents, and produce a Vaughn index for any documents withheld. SO ORDERED. (Signed by Judge John G. Koeltl on 7/12/2019) (ks) (Entered: 07/17/2019)
2019-07-2633LETTER addressed to Judge John G. Koeltl from Rachael L. Doud dated July 26, 2019 re: Status Report. Document filed by United States Department of The Air Force.(Doud, Rachael) (Entered: 07/26/2019)
2019-09-1234MEMO ENDORSEMENT on re: 33 Letter re: Status Report. filed by United States Department of The Air Force. ENDORSEMENT: The Court approves the schedule. SO ORDERED. (Signed by Judge John G. Koeltl on 9/11/2019) (rj) (Entered: 09/12/2019)
2019-11-0135STATUS REPORT. 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: 11/01/2019)
2019-11-0536MEMO ENDORSEMENT on re: 35 Status Report filed by GreenLatinos, Hispanic Federation, Alianza Nacional De Campesinas, Labor Council For Latin American Advancement, Southwest Environmental Center, National Hispanic Medical Association. ENDORSEMENT: The defendant should provide the information sought on page 3 of this letter by 11/20/19. SO ORDERED. (Signed by Judge John G. Koeltl on 11/4/2019) (rro) Modified on 12/11/2019 (rro). (Entered: 11/05/2019)
2020-02-06NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge John G. Koeltl is no longer assigned to the case..(wb) (Entered: 02/06/2020)
2020-03-0637ORDER: It is hereby, ORDERED that parties should file a joint letter apprising the Court of the status of document productions in response to the Plaintiffs' FOIA request no later than March 20, 2020. The status letter should not exceed three pages and should be filed on ECF. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/6/2020) (va) (Entered: 03/06/2020)
2020-03-1838NOTICE OF CHANGE OF ADDRESS by Mychal Robert Ozaeta on behalf of Alianza Nacional De Campesinas, GreenLatinos, Hispanic Federation, Labor Council For Latin American Advancement, National Hispanic Medical Association, Southwest Environmental Center. New Address: Earthjustice, 707 Wilshire Blvd., Ste 4300, Los Angeles, California, United States 90017, 213 766 1069..(Ozaeta, Mychal) (Entered: 03/18/2020)
2020-03-2039STATUS REPORT. 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 Nov 20 letter in re: searches, # 2 Supplement Vaughn letter, # 3 Supplement Letter with records' referral, # 4 Supplement DoD FOIA Response).(Cmar, Thomas) (Entered: 03/20/2020)
2020-03-2340MEMO ENDORSEMENT on re: 39 Status Report, filed by GreenLatinos, Hispanic Federation, Alianza Nacional De Campesinas, Labor Council For Latin American Advancement, Southwest Environmental Center, National Hispanic Medical Association. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/23/2020) (rro) (Entered: 03/23/2020)
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