Skip to content

Case Detail

[Subscribe to updates]
Case TitleCommunity Justice Clinic et al v. Department of Justice et al
DistrictWestern District of New York
CityBuffalo
Case Number1:2019cv00309
Date Filed2019-03-07
Date Closed2020-04-07
JudgeHon. Elizabeth A. Wolford
PlaintiffCommunity Justice Clinic
PlaintiffAdham Amin Hassoun
PlaintiffNicole Hallett
Case DescriptionThe Community Justice Clinic at the University of Buffalo School of Law submitted FOIA requests to the Department of Justice's Executive Office of Immigration Review and U.S. Citizenship and Immigration Services for records concerning its client, Amin Hassoun. The Clinic also requested expedited processing. The agencies acknowledged receipt of the requests, but after hearing nothing further from the agencies, the Community Justice Clinic filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantDepartment of Justice
DefendantDepartment of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-071COMPLAINT against Department of Homeland Security, Department of Justice $ 400 receipt number 0209-3382589, filed by Community Justice Clinic, Nicole Hallett, Adham Amin Hassoun. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet, # 6 Summons (Department of Justice), # 7 Summons (Department of Homeland Security))(Manes, Jonathan) (Entered: 03/07/2019)
2019-03-08Case assigned to Hon. Elizabeth A. Wolford. Notification to chambers of on-line civil opening. (KLH) (Entered: 03/08/2019)
2019-03-08Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms. (KLH) (Entered: 03/08/2019)
2019-03-082Summons Issued as to Department of Homeland Security, Department of Justice. (KLH) (Entered: 03/08/2019)
2019-04-223AFFIDAVIT of Service for Summons and Complaint served on Department of Justice, Department of Homeland Security, Attorney General, USAO-WDNY on 4/03/2019, filed by Community Justice Clinic. (Attachments: # 1 Exhibit Receipts of Certified Mail)(Manes, Jonathan) (Entered: 04/22/2019)
2019-05-074STIPULATION Extending Time to Answer or Appear by Department of Homeland Security, Department of Justice. (Cerrone, Michael) (Entered: 05/07/2019)
2019-05-085NOTICE of Appearance by Michael S. Cerrone on behalf of Department of Homeland Security, Department of Justice (Cerrone, Michael) (Entered: 05/08/2019)
2019-05-086ORDER granting 4 Stipulation for an extension of time. The defendants time to answer will be until May 31, 2019. Signed by Hon. Elizabeth A. Wolford on 5/8/2019. (KM) (Entered: 05/09/2019)
2019-05-307ANSWER to 1 Complaint, by Department of Homeland Security, Department of Justice.(Cerrone, Michael) (Entered: 05/30/2019)
2019-05-308TEXT ORDER REFERRING CASE to Magistrate Judge Hon. Hugh B. Scott for all pretrial matters excluding dispositive motions. IT IS SO ORDERED. Signed by Hon. Elizabeth A. Wolford on 5/30/2019. (KLH) (Entered: 05/30/2019)
2019-05-319TEXT ORDER RE: Scheduling. On or before 7/10/2019, the parties will meet and confer in good faith and then file a joint proposed discovery plan and schedule. Counsel are welcome to consider either of two general scheduling options. If counsel believe that this case should follow discovery in the ordinary course then the joint plan will address the issues covered in Rules 16(c) and 26(f) and Local Rule 16(b); any issues not applicable to this case should be mentioned briefly as not applicable. The attached chambers guide includes a model scheduling order that will help. Alternatively, counsel may propose a custom schedule under 5 U.S.C. § 552(a)(4)(B) if they believe that a custom schedule would be more appropriate. The Court will issue a Scheduling Order after receiving the joint plan. Under 28 U.S.C. § 636(c), the parties at any time may consent to have the Magistrate Judge adjudicate individual dispositive proceedings or all proceedings in this case, including a jury or non-jury trial and entry of final judgment. ( See also Fed. R. Civ. P. 73.) The parties are encouraged to consider potential benefits of a Rule 73 consent, including earlier motion resolution and trial scheduling; however, there will be no adverse consequences at all should the parties decline. SO ORDERED. Issued by Hon. Hugh B. Scott on 5/31/2019. (GAI) (Entered: 05/31/2019)
2019-08-2310NOTICE of Hearing: Status Conference set for 8/28/2019 at 02:00 PM before Hon. Hugh B. Scott. (GAI) (Entered: 08/23/2019)
2019-08-2611MOTION to Adjourn (Letter) filed by Department of Justice, Department of Homeland Security as to Department of Justice, Department of Homeland Security . (Roach, Mary) Modified on 8/26/2019 to reclassify as a motion (GAI). (Entered: 08/26/2019)
2019-08-2612TEXT ORDER granting 11 Motion to Adjourn Status Conference. The status conference will occur on 9/4/2019 at 2:30 PM. SO ORDERED. Issued by Hon. Hugh B. Scott on 8/26/2019. (GAI) (Entered: 08/26/2019)
2019-08-26***Status Conference set for 9/4/2019 02:30 PM before Hon. Hugh B. Scott.(GAI) (Entered: 08/26/2019)
2019-09-0413NOTICE of Appearance by A. Nicole Hallett on behalf of All Plaintiffs (Hallett, A.) (Entered: 09/04/2019)
2019-09-0414Minute Entry for proceedings held before Hon. Hugh B. Scott: Status Conference held on 9/4/2019. Parties update Court about events in this case and in parallel habeas case. Deft asks for 30 days before scheduling conference to confer with agencies about pending FOIA requests. Scheduling Conference set for 10/8/2019 10:00 AM. APPEARANCES: N. Hallett (P); M. Cerrone (D). (Court Reporter FTR Gold.) (GAI) (Entered: 09/04/2019)
2019-10-0115TEXT ORDER RE: Scheduling. Due to a calendar conflict, next week's Scheduling Conference is re-set for 10/9/2019 at 10:30 AM. SO ORDERED. Issued by Hon. Hugh B. Scott on 10/1/2019. (GAI) (Entered: 10/01/2019)
2019-10-0216MOTION to Continue by Community Justice Clinic, Nicole Hallett, Adham Amin Hassoun.(Hallett, A.) (Entered: 10/02/2019)
2019-10-0217TEXT ORDER granting 16 Motion to Continue.The Scheduling Conference will occur on 10/10/2019 at 2:00 PM. SO ORDERED. Issued by Hon. Hugh B. Scott on 10/2/2019. (GAI) (Entered: 10/02/2019)
2019-10-02***Scheduling Conference set for 10/10/2019 02:00 PM before Hon. Hugh B. Scott. (GAI) (Entered: 10/02/2019)
2019-10-0718DISCOVERY PLAN by Community Justice Clinic, Nicole Hallett, Adham Amin Hassoun.(Hallett, A.) (Entered: 10/07/2019)
2019-10-1019STUDENT PRACTICE ORDER for Erin Barry representing plaintiffs. Signed by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2019-10-1020STUDENT PRACTICE ORDER for Richard K. Barney III representing plaintiffs. Signed by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2019-10-1021STUDENT PRACTICE ORDER for Colton Kells representing plaintiffs. Signed by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2019-10-1022STUDENT PRACTICE ORDER for Andrew Kij representing plaintiffs. Signed by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2019-10-1023STUDENT PRACTICE ORDER for Marline Paul representing plaintiffs. Signed by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2019-10-1024STUDENT PRACTICE ORDER for Jesselyn Zailac representing plaintiffs. Signed by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2019-10-1025Minute Entry for proceedings held before Hon. Hugh B. Scott: Scheduling Conference held on 10/10/2019. Parties review with Court the number of document pages identified by named agencies. Parties inform Court that unnamed agencies have identified 1473 pages. Parties advise Court of potential issue involving amended pleadings: Document review might uncover a desire by plaintiffs to amend pleadings to add defendants. Plaintiffs urge Court to adopt deadlines proposed in Dkt. No. 18 and object to a longer timeframe. Defendants would add 30-45 days to each deadline proposed by plaintiffs. Court reserves decision and advises parties that defendants' proposed schedule would come in exchange for a refusal to grant any further extensions. APPEARANCES: J. Manes with student practitoner Erin Barry (P); M. Cerrone and D. Coriell (D). (Court Reporter FTR Gold.) (GAI) (Entered: 10/10/2019)
2019-10-1026TEXT SCHEDULING/CASE MANAGEMENT ORDER. Defendants must release to Plaintiffs all documents (or portions thereof) responsive to plaintiffs' Freedom of Information Act requests that Defendants determine are not exempt from disclosure on or before December 20, 2019. All motions to join other parties and to amend the pleadings must be filed on or before January 17, 2020. Defendants must provide to Plaintiffs their Vaughn filing, or a draft thereof, whether in declaration format or otherwise, on or before February 28, 2020. Plaintiffs must identify challenges, if any, to Defendant's determinations on or before March 27, 2020. Dispositive motions, if any, must be filed on or before April 30, 2020. Barring extraordinary circumstances, no extensions of the above deadlines will be permitted. The parties are welcome to contact the Court anytime to request a status conference if they believe that a status conference will help resolve the litigation. SO ORDERED. Issued by Hon. Hugh B. Scott on 10/10/2019. (GAI) (Entered: 10/10/2019)
2020-01-1427NOTICE by Community Justice Clinic, Nicole Hallett, Adham Amin Hassoun of Counsel's Change of Law Firm (Hallett, A.) (Entered: 01/14/2020)
2020-01-1528TEXT ORDER RE: 27 Notice (Other) filed by Nicole Hallett, Adham Amin Hassoun, Community Justice Clinic. Per Local Civil Rule 83.2(d), Atty Hallett will complete the attached Change of Address Form and return it to the Clerk's Office as soon as possible. SO ORDERED. Issued by Hon. Hugh B. Scott on 1/15/2020. (GAI) -CLERK TO FOLLOW UP- (Entered: 01/15/2020)
2020-02-2529NOTICE by Community Justice Clinic, Nicole Hallett, Adham Amin Hassoun of Counsel's Change of Law Firm and Address (Manes, Jonathan) (Entered: 02/25/2020)
2020-02-2630TEXT ORDER RE: 29 Notice (Other) filed by Nicole Hallett, Adham Amin Hassoun, Community Justice Clinic. Per Local Civil Rule 83.2(d), Atty Manes will complete the attached Change of Address Form and return it to the Clerk's Office as soon as possible. SO ORDERED. Issued by Hon. Hugh B. Scott on 2/26/2020. (GAI) -CLERK TO FOLLOW UP- (Entered: 02/26/2020)
2020-04-0331STIPULATION of Discontinuance by Department of Homeland Security, Department of Justice. (Cerrone, Michael) (Entered: 04/03/2020)
2020-04-0732STIPULATION AND ORDER OF DISCONTINUANCE. Signed by Hon. Elizabeth A. Wolford on 4/6/20. (SG) (Entered: 04/07/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar