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Case TitleNew York Civil Liberties Union v. Administration for Children and Families et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv00183
Date Filed2020-01-09
Date Closed2021-02-16
JudgeJudge Mary Kay Vyskocil
PlaintiffNew York Civil Liberties Union
Case DescriptionThe New York Civil Liberties Union submitted a FOIA request to the Administration for Children for records concerning a grant program run by the agency designed to use allegations of gang violence to deport unaccompanied minor children. NYCLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency NYCLU filed suit.
Complaint issues: Expedited processing, Public Interest Fee Waiver, Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAdministration for Children and Families
DefendantOffice of Refugee Resettlement
DefendantU.S. Department of Health and Human Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
Opinion/Order [27]
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-091FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against All Defendants. (Filing Fee $ 400.00, Receipt Number ANYSDC-18460973)Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Gemmell, Antony) Modified on 1/10/2020 (jgo). (Entered: 01/09/2020)
2020-01-092CIVIL COVER SHEET filed. (Gemmell, Antony) (Entered: 01/09/2020)
2020-01-093RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate American Civil Liberties Union for New York Civil Liberties Union. Document filed by New York Civil Liberties Union.(Gemmell, Antony) (Entered: 01/09/2020)
2020-01-094STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-5483. Document filed by New York Civil Liberties Union.(Gemmell, Antony) (Entered: 01/09/2020)
2020-01-095FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Administration for Children and Families, re: 1 Complaint,. Document filed by New York Civil Liberties Union. (Gemmell, Antony) Modified on 1/10/2020 (jgo). (Entered: 01/09/2020)
2020-01-096FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Office of Refugee Resettlement, re: 1 Complaint,. Document filed by New York Civil Liberties Union. (Gemmell, Antony) Modified on 1/10/2020 (jgo). (Entered: 01/09/2020)
2020-01-097FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by New York Civil Liberties Union. (Gemmell, Antony) Modified on 1/10/2020 (jgo). (Entered: 01/09/2020)
2020-01-10***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Antony Philip Falconer Gemmell to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the All Defendant radio button was 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. (jgo) (Entered: 01/10/2020)
2020-01-10CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (jgo) (Entered: 01/10/2020)
2020-01-10Case Designated ECF. (jgo) (Entered: 01/10/2020)
2020-01-10CASE REFERRED TO Judge Ronnie Abrams as possibly related to 19-cv-5483. (jgo) (Entered: 01/10/2020)
2020-01-10***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Antony Philip Falconer Gemmell to RE-FILE Document No. 7 Request for Issuance of Summons, 6 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; second party name on the PDF 'To' section must include 'care of c/o' or 'via';. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 01/10/2020)
2020-01-108COMPLAINT against Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services. Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Gemmell, Antony) (Entered: 01/10/2020)
2020-01-109REQUEST FOR ISSUANCE OF SUMMONS as to Office of Refugee Resettlement, re: 8 Complaint,. Document filed by New York Civil Liberties Union. (Gemmell, Antony) (Entered: 01/10/2020)
2020-01-1010REQUEST FOR ISSUANCE OF SUMMONS as to Administration for Children and Families, re: 8 Complaint,. Document filed by New York Civil Liberties Union. (Gemmell, Antony) (Entered: 01/10/2020)
2020-01-1011REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: 8 Complaint,. Document filed by New York Civil Liberties Union. (Gemmell, Antony) (Entered: 01/10/2020)
2020-01-1312ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services. (pc) (Entered: 01/13/2020)
2020-01-1313ELECTRONIC SUMMONS ISSUED as to Office of Refugee Resettlement. (pc) (Entered: 01/13/2020)
2020-01-1314ELECTRONIC SUMMONS ISSUED as to Administration for Children and Families. (pc) (Entered: 01/13/2020)
2020-01-14CASE ACCEPTED AS RELATED. Create association to 1:19-cv-05483-RA. Notice of Assignment to follow. (wb) (Entered: 01/14/2020)
2020-01-14NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (wb) (Entered: 01/14/2020)
2020-01-14Magistrate Judge Debra C. Freeman 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (wb) (Entered: 01/14/2020)
2020-01-1415SUMMONS RETURNED EXECUTED. Administration for Children and Families served on 1/14/2019, answer due 2/4/2019; Office of Refugee Resettlement served on 1/14/2019, answer due 2/4/2019; U.S. Department of Health and Human Services served on 1/14/2019, answer due 2/4/2019. Service was accepted by Derick Mayers, Civil Clerk. Service was made by Mail. Document filed by New York Civil Liberties Union. (Gemmell, Antony) (Entered: 01/14/2020)
2020-01-1616ORDER: Initial Conference set for 2/14/2020 at 10:30 AM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams and further set forth in this Order. (Signed by Judge Ronnie Abrams on 1/15/2020) (rro) (Entered: 01/16/2020)
2020-01-2917NOTICE OF APPEARANCE by Jessica Perry on behalf of New York Civil Liberties Union. (Perry, Jessica) (Entered: 01/29/2020)
2020-02-0418LETTER MOTION for Extension of Time and Adjournment of Initial Conference addressed to Judge Ronnie Abrams from AUSA Steven J. Kochevar dated February 4, 2020. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Kochevar, Steven) (Entered: 02/04/2020)
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)
2020-02-0719ORDER granting 18 Letter Motion for Extension of Time. Request GRANTED. Defendants shall respond to Plaintiff's complaint on or before March 16, 2020. Counsel are instructed to monitor the docket for a new conference date. (Signed by Judge Mary Kay Vyskocil on 2/6/20) (yv) (Entered: 02/07/2020)
2020-02-07Set/Reset Deadlines: Administration for Children and Families answer due 3/16/2020; Office of Refugee Resettlement answer due 3/16/2020; U.S. Department of Health and Human Services answer due 3/16/2020. (yv) (Entered: 02/07/2020)
2020-02-0720SCHEDULING ORDER: It is hereby, ORDERED that the Status Conference previously scheduled for February 14, 2020 is adjourned to March 26, 2020 at 10:30AM in Courtroom 18C of the Daniel Patrick Moynihan Courthouse, 500 Pearl Street, New York, New York. Counsel are further directed to submit a joint letter to the Court no later than 4:00PM on March 19, 2020. The parties should append the most recent complaint and the most recent scheduling order to the status letter. The letter should be filed on ECF. The status letter may not exceed 6 pages and must include the following: 1. A brief statement of the nature of the case, the principal claims and defenses, and the major legal and factual issues that are most important to resolving the case; As further set forth in this Order. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/7/2020) Initial Conference set for 3/26/2020 at 10:30 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (ks) (Entered: 02/07/2020)
2020-03-1621ANSWER to 8 Complaint,. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Simon, Jennifer) (Entered: 03/16/2020)
2020-03-1822ORDER: Accordingly: It is hereby ORDERED that the Initial Pretrial Conference scheduled to take place on Thursday, March 26, 2020 is adjourned sine die. It is further ORDERED that the parties shall file a proposed Case Management Plan in compliance with the Court's Individual Rules of Practice in Civil Cases no later than April 7, 2020. Both a model Case Management Plan and the Court's Individual Rules are available at https://nysd.uscourts.gov/hon-mary-kay-vyskocil. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (Signed by Judge Mary Kay Vyskocil on 3/18/2020) (jca) (Entered: 03/18/2020)
2020-04-0723FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #24) - JOINT LETTER addressed to Judge Mary Kay Vyskocil from Counsel for the Parties dated April 7, 2020 re: Joint Pre-Conference Letter. Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit Parties' Proposed Case Management Plan).(Gemmell, Antony) Modified on 4/15/2020 (ldi). (Entered: 04/07/2020)
2020-04-0824JOINT LETTER addressed to Judge Mary Kay Vyskocil from Counsel for the Parties dated April 7, 2020 re: Joint Pre-conference Letter. Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit Proposed Case Management Plan, # 2 Exhibit Complaint with exhibits, # 3 Exhibit Scheduling Order dated February 7, 2020, # 4 Exhibit Order dated March 18, 2020).(Gemmell, Antony) (Entered: 04/08/2020)
2020-04-1525SCHEDULING ORDER: The Court directs counsel for all parties to appear at an Initial Pretrial Conference on April 29, 2020 at 11:00AM. The conference will be held by telephone. To join the conference, call the Court's teleconference line at 888-278-0296 at the scheduled time. When prompted, enter Access Code 5195844. The Court will join once all of the parties are on the line. Initial Conference set for 4/29/2020 at 11:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 4/15/2020) (mro) (Entered: 04/15/2020)
2020-04-29Minute Entry for proceedings held before Judge Mary Kay Vyskocil: Initial Pretrial Conference held on 4/29/2020. (kgo) (Entered: 04/29/2020)
2020-04-3026FILING ERROR - WRONG PDF FILE ASSOCIATED WITH DOCKET ENTRY - PROPOSED ORDER. Document filed by New York Civil Liberties Union. (Attachments: # 1 Proposed Order).(Gemmell, Antony) Proposed Order to be reviewed by Clerk's Office staff. Modified on 4/30/2020 (dt). (Entered: 04/30/2020)
2020-04-3027ORDER: Pursuant to the Court's Scheduling Order dated April 15, 2020 (ECF No. 25), the parties to this Freedom of Information Act ("FOIA") action appeared before the Court telephonically for an initial conference on April 29, 2020. Having heard from the parties at that conference and reviewed their pre-conference submissions, see ECF No. 24, the Court hereby ORDERS that: 1. Defendants shall process records potentially responsive to the FOIA request at issue in this litigation, see ECF No. 8-2, at a rate of no less than 400 pages per month; 2. Beginning on May 15, 2020, and on a rolling basis every 30 days thereafter, Defendants shall release to Plaintiff all processed, responsive records; 3. Concurrent with each production required by this Order, Defendants shall advise Plaintiff via email of the total number of pages processed; 4. To the extent Defendants assert any privilege, exemption, or exclusion as to any responsive record or portion thereof, Defendants shall, concurrent with each production required by this Order; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 4/30/2020) (mro) (Entered: 04/30/2020)
2020-04-30***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - PDF ERROR. Notice to Attorney Antony Gemmell to RE-FILE Document 26 Proposed Order. First file the Letter using the event type Letter found under the event list other documents, then separately file the Order using the event type proposed order found under the event list proposed orders. (dt) (Entered: 04/30/2020)
2020-04-3028LETTER addressed to Judge Mary Kay Vyskocil from Plaintiff dated April 30, 2020 re: Amended Proposed Order. Document filed by New York Civil Liberties Union..(Gemmell, Antony) (Entered: 04/30/2020)
2020-04-3029PROPOSED ORDER. Document filed by New York Civil Liberties Union. Related Document Number: 28 ..(Gemmell, Antony) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 04/30/2020)
2020-04-30***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 29 Proposed Order was reviewed and approved as to form. (ad) (Entered: 05/01/2020)
2020-05-0530ORDER: Pursuant to the Court's Scheduling Order dated April 15, 2020 (ECF No. 25), the parties to this Freedom of Information Act ("FOIA") action appeared before the Court telephonically for an initial conference on April 29, 2020. Having heard from the parties at that conference and reviewed their pre-conference submissions, see ECF No. 24, the Court hereby ORDERS that: 1. Defendants shall process records potentially responsive to the FOIA request at issue in this litigation, see ECF No. 8-2, at a rate of no less than 400 pages per month; 2. Beginning on May 15, 2020, and on a rolling basis every 30 days thereafter, Defendants shall release to Plaintiff all processed, responsive records; 3. Concurrent with each production required by this Order, Defendants shall advise Plaintiff via email of the total number of pages processed; 4. To the extent Defendants assert any privilege, exemption, or exclusion as to any responsive record or portion thereof, Defendants shall, concurrent with each production required by this Order: a. Release a redacted version of the record, redacting only those portions as to which privilege, exemption, or exclusion is asserted; and b. As to each redaction, identify any privileges, exemption, or exclusion asserted; 5. Any dispute between the parties with respect to the processing or production of records under this Order shall be governed by Rule 3.D. of the Court's Individual Rules of Practice in Civil Cases concerning discovery disputes; 6. This Order replaces the Order dated April 30, 2020, at ECF No. 27. (Signed by Judge Mary Kay Vyskocil on 5/5/2020) (mro) (Entered: 05/05/2020)
2020-06-1831NOTICE OF APPEARANCE by Ilan Stein on behalf of U.S. Department of Health and Human Services..(Stein, Ilan) (Entered: 06/18/2020)
2020-06-1832NOTICE OF APPEARANCE by Ilan Stein on behalf of Administration for Children and Families, Office of Refugee Resettlement..(Stein, Ilan) (Entered: 06/18/2020)
2020-11-0233ORDER The Parties are directed to file on ECF, on or before November 9, 2020, a joint letter detailing the status of this action and Defendants' compliance with the Court's May 5, 2020, Order. (HEREBY ORDERED by Judge Mary Kay Vyskocil) (Text Only Order) (ab) (Entered: 11/02/2020)
2020-11-0934JOINT LETTER addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated November 9, 2020 Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Simon, Jennifer) (Entered: 11/09/2020)
2020-11-1035MEMO ENDORSEMENT on re: 34 Letter, filed by Office of Refugee Resettlement, Administration for Children and Families, U.S. Department of Health and Human Services. ENDORSEMENT: The Parties' letter will be construed as a request for leave to file motions for summary judgment. That request is GRANTED. The Parties should brief the anticipates motions on the schedule proposed herein. ( Cross Motions due by 1/11/2021., Motions due by 12/11/2020., Responses due by 2/1/2021, Replies due by 2/22/2021.) (Signed by Judge Mary Kay Vyskocil on 11/10/2020) (mro) (Entered: 11/10/2020)
2020-12-1136JOINT MOTION for Extension of Time . Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Simon, Jennifer) (Entered: 12/11/2020)
2020-12-1537ORDER granting 36 Letter Motion for Extension of Time. GRANTED. (Signed by Judge Mary Kay Vyskocil on 12/15/2020) (mro) (Entered: 12/15/2020)
2020-12-15Set/Reset Deadlines: Motions due by 1/11/2021. Responses due by 3/1/2021 Replies due by 3/22/2021. (mro) (Entered: 12/15/2020)
2020-12-15Set/Reset Deadlines: Cross Motions due by 2/11/2021. (mro) (Entered: 01/07/2021)
2021-01-1138CONSENT LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated January 11, 2021. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Simon, Jennifer) (Entered: 01/11/2021)
2021-01-1239ORDER granting in part 38 Letter Motion for Extension of Time. The Court's Individual Rules of Practice require that requests for extension be filed at least 72 hours before the deadline in question. This request was filed on the date of the deadline Defendants seek to extend. As a result, this request is only GRANTED IN PART. The Court will extend the briefing deadlines by one week. Defendant's motion is due on January 19, 2021. Plaintiff's opposition and cross-motion is due February 19, 2021. Defendants' opposition and reply is due March 9, 2021. Plaintiff's reply is due March 30, 2021. There will be no further extensions absent exceedingly good cause. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 1/12/2021) (kv) (Entered: 01/12/2021)
2021-01-12Set/Reset Deadlines: Cross Motions due by 2/19/2021. Motions due by 1/19/2021. Responses due by 3/9/2021 Replies due by 3/30/2021. (kv) (Entered: 01/12/2021)
2021-01-1540LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Jennifer C. Simon dated January 15, 2021. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Simon, Jennifer) (Entered: 01/15/2021)
2021-01-1941ORDER granting 40 Letter Motion for Extension of Time. GRANTED. The motion must be briefed on the schedule herein. There will be no further extensions. Motions due by 2/2/2021. (Signed by Judge Mary Kay Vyskocil on 1/19/2021) (mro) (Entered: 01/19/2021)
2021-01-19Set/Reset Deadlines: Responses due by 3/23/2021 Replies due by 4/13/2021. (mro) (Entered: 01/19/2021)
2021-02-0342PROPOSED STIPULATION AND ORDER. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services..(Simon, Jennifer) (Entered: 02/03/2021)
2021-02-1643STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by ACF fully resolve any and all claims the NYCLU now has or may hereafter acquire against defendants, or any department, agency, officer, or employee of ACF and/or the United States, for the release of records arising from the NYCLU's FOIA request at issue in this action. 2. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, ACF shall pay to the NYCLU via electronic funds transfer the sum of TEN THOUSAND AND FOUR HUNDRED DOLLARS ($10,400) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum the NYCLU agrees to accept in complete satisfaction of any and all claims by the NYCLU for attorneys' fees, expenses, costs, interest, and any other sums in this litigation. Counsel for the NYCLU will provide the necessary information for ACF to effectuate the electronic funds transfer. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order; as further set forth herein. (Signed by Judge Mary Kay Vyskocil on 2/16/2021) (mro) Transmission to Finance Unit (Cashiers) for processing. (Entered: 02/16/2021)
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