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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 ClosedOpen
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
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)
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by FOIA Project Staff
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