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Case TitleAmerican Civil Liberties Union Immigrants' Rights Project v. United States Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv07058
Date Filed2019-07-29
Date ClosedOpen
JudgeJudge George B. Daniels
PlaintiffAmerican Civil Liberties Union Immigrants' Rights Project
Case DescriptionThe ACLU Immigrant Rights Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning data on removals, detentions, ICE arrests/apprehensions, ICE risk classifications, and immigration bonds. The ACLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency told the ACLU that its request was too broad and asked if it would restrict its time frame to the last seven years. The ACLU agreed to make that clarification, but after hearing nothing further from the agency, the ACLU 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
Complaint attachment 2
Opinion/Order [21]
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-291COMPLAINT against United States Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-17330641)Document filed by American Civil Liberties Union Immigrants' Rights Project. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - ACLU and FOIA Correspondence)(Zimmerman, George) (Entered: 07/29/2019)
2019-07-292CIVIL COVER SHEET filed. (Zimmerman, George) (Entered: 07/29/2019)
2019-07-293REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Civil Liberties Union Immigrants' Rights Project. (Zimmerman, George) (Entered: 07/29/2019)
2019-07-294RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union Immigrants' Rights Project.(Zimmerman, George) (Entered: 07/29/2019)
2019-07-30CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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: 07/30/2019)
2019-07-30Magistrate 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 . (dnh) (Entered: 07/30/2019)
2019-07-30Case Designated ECF. (dnh) (Entered: 07/30/2019)
2019-07-305ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 07/30/2019)
2019-07-306NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Elizabeth Anne Molino Sauvigne on behalf of American Civil Liberties Union Immigrants' Rights Project (Sauvigne, Elizabeth) (Entered: 07/30/2019)
2019-07-307MOTION for Michael King Thomas Tan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17338402. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union Immigrants' Rights Project. (Attachments: # 1 Affidavit of Michael Tan, # 2 Supplement, # 3 Text of Proposed Order)(Tan, Michael) (Entered: 07/30/2019)
2019-07-30>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Michael King Thomas Tan to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-17338402. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 07/30/2019)
2019-07-308AFFIDAVIT OF SERVICE (FOIA CASE). United States Immigration and Customs Enforcement served on 7/30/2019, answer due 8/29/2019. Service was made by Certified Mail, Return Receipt Requested. Document filed by American Civil Liberties Union Immigrants' Rights Project. (Zimmerman, George) (Entered: 07/30/2019)
2019-07-319INITIAL PRETRIAL CONFERENCE: This case has been designated an electronic case and has been assigned to this Court for all purposes. An Initial pretrial conference will be held on Thursday, September 5, 2019 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. And as set forth herein. SO ORDERED. Initial Conference set for 9/5/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/31/2019) (ama) (Main Document 9 replaced on 8/7/2019) (kv). (Entered: 07/31/2019)
2019-08-0110ORDER FOR ADMISSION PRO HAC VICE granting 7 Motion for Michael King Thomas Tan to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 8/1/2019) (rro) (Entered: 08/01/2019)
2019-08-0111NOTICE OF APPEARANCE by Michael Thomas Tan on behalf of American Civil Liberties Union Immigrants' Rights Project. (Tan, Michael) (Entered: 08/01/2019)
2019-08-0812AFFIDAVIT OF SERVICE of Letter to United States Immigration and Customs Enforcement dated August 7, 2019 (attached as Exhibit A), Initial Pretrial Conference Order signed July 31, 2019, Electronic Case Filing Rules & Instructions, Individual Practices of Magistrate Judge James L. Cott and Individual Rules and Practices of Judge George B. Daniels on August 7, 2019. Service was made by Certified Mail. Return Receipt Requested. Document filed by American Civil Liberties Union Immigrants' Rights Project. (Sauvigne, Elizabeth) (Entered: 08/08/2019)
2019-08-1313NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Immigration and Customs Enforcement. (Onozawa, Tomoko) (Entered: 08/13/2019)
2019-08-2814LETTER addressed to Judge George B. Daniels from AUSA Tomoko Onozawa dated 8/28/2019 re: request to extend Defendant's time to respond to complaint and to adjourn initial conference. Document filed by United States Immigration and Customs Enforcement.(Onozawa, Tomoko) (Entered: 08/28/2019)
2019-09-0315MEMO ENDORSEMENT on re: 14 Letter re: request to extend Defendant's time to respond to complaint and to adjourn initial conference., filed by United States Immigration and Customs Enforcement.,ENDORSEMENT: The initial conference is adjourned from September 5, 2019 to October 24, 2019 at 9:30 a.m. United States Immigration and Customs Enforcement answer due 9/30/2019., Initial Conference set for 10/24/2019 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 9/3/2019) (rj) (Entered: 09/03/2019)
2019-09-3016ANSWER to 1 Complaint,. Document filed by United States Immigration and Customs Enforcement.(Onozawa, Tomoko) (Entered: 09/30/2019)
2019-10-24Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 10/24/2019, ( Pretrial Conference set for 1/16/2020 at 09:45 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels.). Plaintiff Counsel: Elizabeth Anne Molino Sauvigne; Defense Counsel: Tomoko Onozawa and Court Reporter present. (Vega, Elizabeth) (Entered: 10/25/2019)
2020-01-1317NOTICE OF APPEARANCE by Zachary Bannon on behalf of United States Immigration and Customs Enforcement. (Bannon, Zachary) (Entered: 01/13/2020)
2020-01-1318PROPOSED SCHEDULING ORDER. Document filed by United States Immigration and Customs Enforcement. (Bannon, Zachary) (Entered: 01/13/2020)
2020-01-1519MEMO ENDORSEMENT on re: 18 Proposed Scheduling Order filed by United States Immigration and Customs Enforcement. ENDORSEMENT: SO ORDERED. (Motions due by 3/27/2020. Cross Motions due by 5/26/2020. Responses due by 6/16/2020. Replies due by 7/7/2020.) (Signed by Judge George B. Daniels on 1/15/2020) (jwh) (Entered: 01/15/2020)
2020-01-16Minute Entry for proceedings held before Judge George B. Daniels: Final Pretrial Conference held on 1/16/2020. Plaintiff Counsel: Elizabeth Anne Molino Sauvigne Defense Counsel: Zachary Bannon amd Court Reporter present. (Vega, Elizabeth) (Entered: 01/21/2020)
2020-01-2120ORDER 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), Settlement. Referred to Magistrate Judge James L. Cott. (Signed by Judge George B. Daniels on 1/16/2020) (rj) (Entered: 01/21/2020)
2020-01-2221ORDER: By Order of Reference dated January 16, 2020 (Dkt. No. 20), Judge Daniels referred this FOIA case to me for general pretrial supervision, including settlement. The Court will hold a telephone conference on February 6, 2020 at 12:00 p.m. to discuss what role the Court can play to facilitate settlement, including by helping to narrow or resolve any outstanding issues in advance of the scheduled motion practice. Counsel should contact chambers at (212) 805-0250 with both sides on the line, or alternatively provide a call-in number to the Court by emailing it to CottNYSDChambers@nysd.uscourts.gov. ( Telephone Conference set for 2/6/2020 at 12:00 PM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 1/22/2020) (mro) (Entered: 01/22/2020)
2020-02-06Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 2/6/2020. (Tam, David) (Entered: 02/06/2020)
2020-02-0622ORDER SCHEDULING SETTLEMENT CONFERENCE: By Order of Reference dated January 16, 2020 (Dkt. No. 20), Judge Daniels referred this FOIA case to me for settlement. The parties and the Court conferred, and agreed that the conference will be held before me on February 27, 2020 at 10:00 a.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. (And as further set forth in this Order.) SO ORDERED. Settlement Conference set for 2/27/2020 at 10:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 2/6/2020) (jca) (Entered: 02/06/2020)
2020-02-1123PROPOSED SCHEDULING ORDER. Document filed by United States Immigration and Customs Enforcement. (Bannon, Zachary) (Entered: 02/11/2020)
2020-02-1224MEMO ENDORSEMENT on re: 23 Proposed Scheduling Order filed by United States Immigration and Customs Enforcement. Cross Motions due by 6/26/2020., Motions due by 4/27/2020. Responses due by 7/17/2020. Replies due by 8/7/2020. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 2/12/2020) (ama) (Entered: 02/12/2020)
2020-02-2625NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Eric Riedel on behalf of American Civil Liberties Union Immigrants' Rights Project.(Riedel, Eric) (Entered: 02/26/2020)
2020-02-27Minute Entry for proceedings held before Magistrate Judge James L. Cott: Settlement Conference held on 2/27/2020. (Tam, David) (Entered: 02/27/2020)
2020-02-2726ORDER: The Court held a settlement conference today, at which the parties agreed to continue their settlement efforts. As discussed, the Court will hold a telephone conference on March 16, 2020 at 11:30 a.m., during which the parties will provide a status report. Counsel should contact chambers at (212) 805-0250 with both sides on the line, or alternatively provide a call-in number to the Court by emailing it to CottNYSDChambers@nysd.uscourts.gov. SO ORDERED. (Telephone Conference set for 3/16/2020 at 11:30 AM before Magistrate Judge James L. Cott.) (Signed by Magistrate Judge James L. Cott on 2/27/2020) (jca) (Entered: 02/27/2020)
2020-03-0227NOTICE OF CHANGE OF ADDRESS by George Abraham Zimmerman on behalf of American Civil Liberties Union Immigrants' Rights Project. New Address: Skadden, Arps, Slate, Meagher & Flom LLP, One Manhattan West, New York, New York, 10001-8602,..(Zimmerman, George) (Entered: 03/02/2020)
2020-03-16Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 3/16/2020. (ml) (Entered: 03/30/2020)
2020-03-2728PROPOSED STIPULATION AND ORDER. Document filed by United States Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 03/27/2020)
2020-03-3029STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties as follows: 1. The Parties agree that arguments asserted during the summary judgment phase of the above-captioned action shall be limited to the issue of Unique Identifiers in place of A-numbers, as requested by Plaintiff in the FOIA Request (see Dkt. No. 1-1 ), and as further set forth in this stipulation.The Parties further agree that the summary judgment briefing schedule and page limits shall be amended to the following: By May 7, 2020, Defendant will file its motion for summary judgment, with a brief not longer than 20 pages. By June 18, 2020, Plaintiff will file a single brief not longer than 30 pages in support of its cross-motion and in opposition to Defendant's motion. By July 9, 2020, Defendant will file a single brief not longer than 20 pages in opposition to Plaintiffs cross-motion and in reply in support of its own motion. By July 30, 2020, Plaintiff will file their reply brief not longer than 10 pages in support of its cross-motion. (Motions due by 5/7/2020. Cross Motions due by 6/18/2020. Responses due by 7/9/2020. Replies due by 7/30/2020.) (Signed by Judge George B. Daniels on 3/30/2020) (jwh) (Entered: 03/30/2020)
2020-05-0730MOTION for Summary Judgment . Document filed by United States Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 05/07/2020)
2020-05-0731MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . . Document filed by United States Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 05/07/2020)
2020-05-0732DECLARATION of Donna Vassilio-Diaz in Support re: 30 MOTION for Summary Judgment .. Document filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A).(Bannon, Zachary) (Entered: 05/07/2020)
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