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Case TitlePerez v. U.S. Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv03154
Date Filed2019-04-09
Date Closed2020-09-08
JudgeJudge Paul G. Gardephe
PlaintiffKamephis Perez
Case DescriptionKamephis Perez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the investigation of a complaint he had filed against Office of the Principal Legal Advisor Chief Counsel Khalilah Taylor. The agency acknowledged receipt of the request. The agency denied Perez's request under Exemption 7(A) (interference with ongoing investigation or proceeding). Perez filed an administrative appeal of that decision. The agency then withheld the records entirely under Exemption 5 (privileges), Exemption 6 (invasion of privacy) and Exemption 7 (law enforcement records). Perez then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Opinion/Order [44]
Opinion/Order [45]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-091COMPLAINT against U.S. Immigration and Customs Enforcement. (Filing Fee $ $400.00, Receipt Number 465401232737) Document filed by Kamephis Perez. (sac) (Entered: 04/10/2019)
2019-04-092CIVIL COVER SHEET filed. (sac) (Entered: 04/10/2019)
2019-04-09Case Designated ECF. (sac) (Entered: 04/10/2019)
2019-04-09Magistrate Judge James L. Cott 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 . (sac) (Entered: 04/10/2019)
2019-04-093SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (sac) (Entered: 04/10/2019)
2019-07-155REQUEST FOR CERTIFICATE OF DEFAULT. Document filed by Kamephis Perez. (sc) (Entered: 07/15/2019)
2019-07-156AFFIRMATION of Kamephis Perez IN SUPPORT OF CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kamephis Perez. (sc) (Entered: 07/16/2019)
2019-08-027SUMMONS RETURNED EXECUTED Summons and Complaint served. U.S. Immigration and Customs Enforcement served on 4/10/2019, answer due 6/10/2019. Service was accepted by DHS Office of the General Counsel. Document filed by Kamephis Perez. (sac) (Entered: 08/02/2019)
2019-08-028PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kamephis Perez. (sac) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (Entered: 08/02/2019)
2019-08-029Vacated as per Judges Order dated 8/19/2019 Doc. # 12 CLERK'S CERTIFICATE OF DEFAULT as to U.S. Immigration & Customs Enforcement. (km) Modified on 8/19/2019 (jca). (Entered: 08/02/2019)
2019-08-1510NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of U.S. Immigration and Customs Enforcement. (Dolinger, Samuel) (Entered: 08/15/2019)
2019-08-1511LETTER addressed to Judge Paul G. Gardephe from Samuel Dolinger dated 8/15/2019 re: Request to vacate Clerk's certificate of default for lack of proper service. Document filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Certificate of service)(Dolinger, Samuel) (Entered: 08/15/2019)
2019-08-1912MEMO ENDORSEMENT on re: 11 Letter, filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/19/2019) (jca) (Entered: 08/19/2019)
2019-08-2013MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING; re: for Permission for K. Perez to participate in electronic case filing in this case. Document filed by Kamephis Perez.(sc) (Entered: 08/20/2019)
2019-08-2214MEMO ENDORSEMENT granting 13 MOTION for Permission for K. Perez to participate in electronic case filing in this case. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/22/2019) (jca) (Entered: 08/22/2019)
2019-09-1315ANSWER to 1 Complaint. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 09/13/2019)
2019-09-1316CERTIFICATE OF SERVICE of defendant's answer served on Kamephis Perez on 9/13/2019. Service was made by U.S. mail. Document filed by U.S. Immigration and Customs Enforcement. (Dolinger, Samuel) (Entered: 09/13/2019)
2019-11-0617ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/6/2019) (jca) (Entered: 11/06/2019)
2019-11-0718ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 11/21/2019 at 11:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/7/2019) (jca) (Entered: 11/07/2019)
2019-11-1519LETTER MOTION to Adjourn Conference scheduled for November 21, 2019 addressed to Magistrate Judge James L. Cott from Samuel Dolinger dated 11/15/2019. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 11/15/2019)
2019-11-1520ORDER granting 19 Letter Motion to Adjourn Conference. The initial pretrial conference is adjourned to December 18 at 11 a.m. in courtroom 21-D, 500 Pearl Street, New York, NY. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 11/15/2019)
2019-11-2521ORDER RESCHEDULING CONFERENCE PURSUANT TO RULE 16: By Order dated November 15, 2019 (Dkt. No. 20), the Court adjourned the initial case management conference to December 18, 2019 at 11:00 a.m. Because of a change in the Courts schedule, the time for the conference is hereby changed from 11:00 a.m. to 9:45 a.m. that same day. SO ORDERED. Initial Conference set for 12/18/2019 at 09:45 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 11/25/2019) (jca) (Entered: 11/25/2019)
2019-12-1722LETTER addressed to Magistrate Judge James L. Cott from Samuel Dolinger dated 12/17/2019 re: government's letter in advance of conference scheduled for December 18, 2019, at 9:45 a.m.. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 12/17/2019)
2019-12-18Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 12/18/2019. (Tam, David) (Entered: 12/18/2019)
2019-12-1823MEMO ENDORSEMENT on re: 22 Letter, filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: As discussed at the conference today, this request is approved, on consent. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/18/2019) (jca) (Entered: 12/18/2019)
2020-01-1024LETTER addressed to Magistrate Judge James L. Cott from Samuel Dolinger dated 1/10/2020 re: parties' proposed briefing schedule. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 01/10/2020)
2020-01-1325MEMO ENDORSEMENT on re: 24 Letter filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The proposed schedule is approved, subject to any more further by Judge Gardephe. SO ORDERED. (Cross Motions due by 3/20/2020, Motions due by 2/21/2020, Responses due by 4/3/2020, Replies due by 4/17/2020.) (Signed by Magistrate Judge James L. Cott on 1/13/2020) (jca) (Entered: 01/13/2020)
2020-02-2126MOTION for Summary Judgment . Document filed by U.S. Immigration and Customs Enforcement. Responses due by 3/20/2020.(Dolinger, Samuel) (Entered: 02/21/2020)
2020-02-2127MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 02/21/2020)
2020-02-2128DECLARATION of Toni Fuentes in Support re: 26 MOTION for Summary Judgment .. Document filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - FOIA request).(Dolinger, Samuel) (Entered: 02/21/2020)
2020-02-2129CERTIFICATE OF SERVICE of summary judgment motion papers served on Kamephis Perez on 2/21/2020. Service was made by U.S. mail. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 02/21/2020)
2020-03-1930CROSS MOTION for Summary Judgment . Document filed by Kamephis Perez. Responses due by 4/17/2020.(Perez, Kamephis) (Entered: 03/19/2020)
2020-03-1931MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment . . Document filed by Kamephis Perez. (Attachments: # 1 Exhibit Exhibit A part 1- FOIA Production, # 2 Exhibit Exhibit A part 2- FOIA Production, # 3 Exhibit Exhibit A part 3- FOIA Production, # 4 Exhibit Exhibit A part 4- FOIA Production, # 5 Exhibit Exhibit B- FOIA Appeal Response (2-1-2019), # 6 Exhibit Exhibit C- FOIA Appeal Response (4-1-2019), # 7 Exhibit Exhibit D- FOIA Supplemental Response (11-29-2020), # 8 Exhibit Exhibit E- FOIA Supplemental Response (1-21-2020), # 9 Exhibit Exhibit F- Plaintiff's E-mail to ICE Ethics, # 10 Affidavit Declaration of Kamephis Perez).(Perez, Kamephis) (Entered: 03/19/2020)
2020-03-1932MEMORANDUM OF LAW in Opposition re: 26 MOTION for Summary Judgment . . Document filed by Kamephis Perez. (Attachments: # 1 Exhibit Exhibit A part 1- FOIA Production, # 2 Exhibit Exhibit A part 2- FOIA Production, # 3 Exhibit Exhibit A part 3- FOIA Production, # 4 Exhibit Exhibit A part 4- FOIA Production, # 5 Exhibit Exhibit B- FOIA Appeal Decision (2-1-2019), # 6 Exhibit Exhibit C- FOIA Appeal Decision (4-1-2019), # 7 Exhibit Exhibit D- FOIA Supplemental Response (11-29-2019), # 8 Exhibit Exhibit E- FOIA Supplemental Response (1-21-2020), # 9 Exhibit Exhibit F- Plaintiff's E-mail to ICE Ethics, # 10 Affidavit Declaration of Kamephis Perez).(Perez, Kamephis) (Entered: 03/19/2020)
2020-04-0333SUPPLEMENTAL MOTION for Summary Judgment ., MOTION to Strike Document No. [31, 32] .( Responses due by 4/17/2020) Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-0334MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment ., 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] . . Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-0335DECLARATION of Toni Fuentes (Second) in Support re: 26 MOTION for Summary Judgment ., 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] .. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-0336CERTIFICATE OF SERVICE of summary judgment motion papers served on Kamephis Perez on 4/3/2020. Service was made by e-mail. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-1737CROSS MOTION to Strike Document No. 34 . Document filed by Kamephis Perez. Responses due by 5/1/2020.(Perez, Kamephis) (Entered: 04/17/2020)
2020-04-1738REPLY MEMORANDUM OF LAW in Support re: 37 CROSS MOTION to Strike Document No. 34 ., 26 MOTION for Summary Judgment ., 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] ., 30 CROSS MOTION for Summary Judgment . . Document filed by Kamephis Perez..(Perez, Kamephis) (Entered: 04/17/2020)
2020-04-1739DECLARATION of Kamephis Perez in Support re: 37 CROSS MOTION to Strike Document No. 34 ., 30 CROSS MOTION for Summary Judgment .. Document filed by Kamephis Perez. (Attachments: # 1 Exhibit G- FOIA Production (4-03-2020)).(Perez, Kamephis) (Entered: 04/17/2020)
2020-04-2740AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation); Particular Motion: 26, 30, 33, 27. Referred to Magistrate Judge James L. Cott. SO ORDERED. Motions referred to James L. Cott. (Signed by Judge Paul G. Gardephe on 4/27/2020) (jca) (Entered: 04/27/2020)
2020-04-3041MEMORANDUM OF LAW in Opposition re: 37 CROSS MOTION to Strike Document No. 34 . . Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/30/2020)
2020-04-3042CERTIFICATE OF SERVICE of defendant's opposition to motion to strike served on Kamephis Perez on 4/30/2020. Service was made by e-mail. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/30/2020)
2020-08-0643REPORT & RECOMMENDATION re: 37 CROSS MOTION to Strike Document No. 34 . filed by Kamephis Perez, 26 MOTION for Summary Judgment . filed by U.S. Immigration and Customs Enforcement, 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] . filed by U.S. Immigration and Customs Enforcement, 30 CROSS MOTION for Summary Judgment . filed by Kamephis Perez. For the foregoing reasons, the Court recommends that the parties' agreement to narrow the issues be enforced. The Court further recommends that both parties' motions to strike be denied, and that ICE's motion for summary judgment be granted and Perez's cross-motion be denied. Objections to R&R due by 8/20/2020 (Signed by Magistrate Judge James L. Cott on 8/6/2020) (ks) (Entered: 08/07/2020)
2020-09-0844ORDER for 43 Report and Recommendation. Judge Cott's R&R (Dkt. No. 43) is adopted in its entirety. Defendant's motion for summary judgment (Dkt. No. 26) is granted, and Plaintiff's cross-motion for summary judgment (Dkt. Nos. 30) is denied. The parties' cross-motions to strike (Dkt. Nos. 33, 37) are denied. The Clerk of Court is directed to close this case. A copy of this Order has been mailed to pro se Plaintiff by Chambers. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/8/2020) Copies Mailed By Chambers. (jca) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/08/2020)
2020-09-0845CLERK'S JUDGMENT re: 44 Order Adopting Report and Recommendations in favor of U.S. Immigration and Customs Enforcement against Kamephis Perez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 8, 2020, Judge Cott's R&R is adopted in its entirety. Defendant's motion for summary judgment is granted, and Plaintiff's cross-motion for summary judgment is denied. The parties' cross-motions to strike are denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/8/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing. (Entered: 09/08/2020)
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