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Case TitleBrennan Center For Justice at the New York University School Of Law v. United States Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv00427
Date Filed2020-01-16
Date Closed2022-11-14
JudgeJudge Katherine Polk Failla
PlaintiffBrennan Center for Justice at the New York University School of Law
Case DescriptionThe Brennan Center for Justice submitted two FOIA requests to the Department of Homeland Security for records concerning the Data Analysis System. The Brennan Center also submitted a FOIA request to the Department of Homeland Security for records identified in its records disposition authority to the National Archives and Records Administration. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests. The agencies administratively closed the Brennan Center's request for records disposition materials. The Brennan Center filed an administrative appeal of that decision. However, after hearing nothing further from the agency, the Brennan Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Customs and Border Protection
DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-161COMPLAINT against United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-18519824)Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A - DAS Requests, # 2 Exhibit B - NARA Requests)(Nolan, Francis) (Entered: 01/16/2020)
2020-01-162CIVIL COVER SHEET filed. (Nolan, Francis) (Entered: 01/16/2020)
2020-01-163FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by Brennan Center For Justice At New York University School Of Law. (Nolan, Francis) Modified on 1/17/2020 (jgo). (Entered: 01/16/2020)
2020-01-164FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by Brennan Center For Justice At New York University School Of Law. (Nolan, Francis) Modified on 1/17/2020 (jgo). (Entered: 01/16/2020)
2020-01-165FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Brennan Center For Justice At New York University School Of Law. (Nolan, Francis) Modified on 1/17/2020 (jgo). (Entered: 01/16/2020)
2020-01-166RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brennan Center For Justice At New York University School Of Law.(Nolan, Francis) (Entered: 01/16/2020)
2020-01-17***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Francis Xavier Nolan, IV. The party information for the following party/parties has been modified: Brennan Center for Justice at the New York University School of Law. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 01/17/2020)
2020-01-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . (jgo) (Entered: 01/17/2020)
2020-01-17Magistrate Judge Sarah Netburn 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 . (jgo) (Entered: 01/17/2020)
2020-01-17Case Designated ECF. (jgo) (Entered: 01/17/2020)
2020-01-17***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Francis Xavier Nolan, IV to RE-FILE Document No. 3 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the PDF 'To' section must exactly match pleading caption and must not be abbreviated;. 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: 01/17/2020)
2020-01-177REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, re: 1 Complaint,. Document filed by Brennan Center for Justice at the New York University School of Law. (Nolan, Francis) (Entered: 01/17/2020)
2020-01-178REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES CUSTOMS AND BORDER PROTECTION, re: 1 Complaint,. Document filed by Brennan Center for Justice at the New York University School of Law. (Nolan, Francis) (Entered: 01/17/2020)
2020-01-179REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, re: 1 Complaint,. Document filed by Brennan Center for Justice at the New York University School of Law. (Nolan, Francis) (Entered: 01/17/2020)
2020-01-2110ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (dnh) (Entered: 01/21/2020)
2020-01-2111ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection. (dnh) (Entered: 01/21/2020)
2020-01-2112ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 01/21/2020)
2020-01-22NOTICE OF CASE REASSIGNMENT to Judge Katherine Polk Failla. Judge Jesse M. Furman is no longer assigned to the case. (wb) (Entered: 01/22/2020)
2020-02-0513SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. United States Customs and Border Protection served on 2/3/2020, answer due 3/4/2020; United States Department of Homeland Security served on 2/3/2020, answer due 3/4/2020; United States Immigration and Customs Enforcement served on 2/3/2020, answer due 3/4/2020. Service was made by Mail. Document filed by Brennan Center for Justice at the New York University School of Law..(Nolan, Francis) (Entered: 02/05/2020)
2020-02-1314NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/30/2020 at 12:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/13/2020) (ks) (Entered: 02/13/2020)
2020-03-0215CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 3/2/20. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 03/02/2020)
2020-03-0316ORDER granting 15 Letter Motion for Extension of Time to Answer re 1 Complaint.Application GRANTED. SO ORDERED. (United States Customs and Border Protection answer due 3/25/2020; United States Department of Homeland Security answer due 3/25/2020; United States Immigration and Customs Enforcement answer due 3/25/2020.) (Signed by Judge Katherine Polk Failla on 3/2/2020) (rro) Modified on 3/4/2020 (tro). (Entered: 03/03/2020)
2020-03-2317ANSWER to 1 Complaint,. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 03/23/2020)
2020-04-2318SCHEDULING ORDER: There is currently an initial pretrial conference scheduled in this action for April 30, 2020, at 12:00 p.m. Given the current pandemic, the Court hereby ORDERS that the scheduled conference take place telephonically. The dial-in information is as follows: At 12:00 p.m. the parties shall call (888) 363- 4749 and enter access code 5123533. Please note, the conference will not be available prior to 12:00 p.m. (Signed by Judge Katherine Polk Failla on 4/23/2020) (rj) (Entered: 04/23/2020)
2020-04-2319JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 4/23/20 re: Initial Conference. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 04/23/2020)
2020-04-2420MEMO ENDORSEMENT on re: 19 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: The Court is in receipt of the parties' joint letter. Given the parties' present agreement on a production schedule, the Court agrees that an initial pretrial conference is not necessary at this time. Accordingly, the initial pretrial conference is ADJOURNED sine die. Furthermore, the Court ORDERS as follows: (i) Defendant ICE will process 500 pages of potentially responsive records per month, and will make monthly productions of exempt records beginning on June 15, 2020. (ii) Defendant DHS will process 250 pages of potentially responsive records per month, and will make monthly productions of exempt records beginning on August 1, 2020. (iii) The parties shall file a joint status letter with the Court on or before August 15, 2020. After that, the parties shall file a joint status letter every 90 days until production is complete. (iv) 30 days after production is complete, the parties shall file a joint letter indicating whether Plaintiffs challenge any of Defendants' withholdings or searches; specifying what withholdings or searches, if any, are challenged; and proposing a briefing scheduled for resolving the dispute. (Signed by Judge Katherine Polk Failla on 4/24/2020) (rro) (Entered: 04/24/2020)
2020-08-1721JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 8/17/20 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 08/17/2020)
2020-08-1722JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 8/17/20 re: Status of Productions (Corrected). Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 08/17/2020)
2020-11-1723LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 11/17/20 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 11/17/2020)
2021-02-1724LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 2/17/20 re: Status of Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 02/17/2021)
2021-05-1825JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 5/18/21 re: Status of Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/18/2021)
2021-05-1826MEMO ENDORSEMENT on re: 25 Letter, filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. ENDORSEMENT: The Court is in receipt of Defendants' status report, and is pleased that the parties have made significant progress in the production and review of discovery. Pursuant to its April 24, 2020 Order (Dkt. #20) and as proposed by Defendants in their above letter, the Court anticipates that it will receive the next status update on the earlier of (i) August 18, 2021; or (ii) 30 days following the completion of the agencies' productions. (Signed by Judge Katherine Polk Failla on 5/18/2021) (rro) (Entered: 05/18/2021)
2021-08-1827LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 8/18/21 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 08/18/2021)
2021-08-1828MEMO ENDORSEMENT on re: 27 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. (Signed by Judge Katherine Polk Failla on 8/18/2021) (jca) (Entered: 08/18/2021)
2021-10-1829JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 10/18/21 re: Status of Productions. Document filed by United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 10/18/2021)
2021-10-1830MEMO ENDORSEMENT on re: 29 Letter, filed by United States Immigration and Customs Enforcement, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/18/2021) (mml) (Entered: 10/19/2021)
2021-11-1831JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 11/18/21 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 11/18/2021)
2021-11-1832MEMO ENDORSEMENT on re: 31 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/18/2021) (ate) (Entered: 11/18/2021)
2021-12-2033JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 12/20/21 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 12/20/2021)
2021-12-2034MEMO ENDORSEMENT on re: 33 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 12/20/2021) (tg) (Entered: 12/20/2021)
2022-01-3135LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 1/31/22 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 01/31/2022)
2022-01-3136MEMO ENDORSEMENT on re: 35 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit a status report to the Court on February 28, 2022, to provide an update regarding the outstanding documents. SO ORDERED. (Signed by Judge Katherine Polk Failla on 1/31/2022) (jca) (Entered: 01/31/2022)
2022-02-2837JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 2/28/22 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 02/28/2022)
2022-02-2838MEMO ENDORSEMENT on re: 37 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit a status report to the Court on March 31, 2022, to provide an update regarding the outstanding documents. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/28/2022) (mml) (Entered: 03/01/2022)
2022-03-3139JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 3/31/22 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 03/31/2022)
2022-04-0440MEMO ENDORSEMENT on re: 39 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit another status report to the Court on or before May 16, 2022. (Signed by Judge Katherine Polk Failla on 4/4/2022) (rro) (Entered: 04/04/2022)
2022-05-1641JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 5/16/22 re: Status Report. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 05/16/2022)
2022-05-1742MEMO ENDORSEMENT on re: 41 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit another status report to the Court on or before June 27, 2022. (Signed by Judge Katherine Polk Failla on 5/17/2022) (rro) (Entered: 05/17/2022)
2022-06-2743JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 6-27-22 re: Status Report. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 06/27/2022)
2022-06-2844MEMO ENDORSEMENT on re: 43 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit another status report to the Court on or before August 8, 2022. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/28/2022) (va) (Entered: 06/29/2022)
2022-08-0845JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 8-8-22 re: Status of Productions. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 08/08/2022)
2022-08-0946MEMO ENDORSEMENT on re: 45 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit another status report to the Court on or before September 19, 2022. (Signed by Judge Katherine Polk Failla on 8/9/2022) (rro) (Entered: 08/09/2022)
2022-09-1947LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 9/19/22 re: Status Report. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 09/19/2022)
2022-09-2048MEMO ENDORSEMENT on re: 47 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit another status report to the Court on or before October 19, 2022. (Signed by Judge Katherine Polk Failla on 9/20/2022) (rro) (Entered: 09/20/2022)
2022-10-1949JOINT LETTER addressed to Judge Katherine Polk Failla from AUSA Jean-David Barnea dated 10/19/22 re: Status Report. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Barnea, Jean-David) (Entered: 10/19/2022)
2022-10-1950MEMO ENDORSEMENT on re: 49 Letter, filed by United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application GRANTED. The parties are directed to submit another status report to the Court on or before November 21, 2022. (Signed by Judge Katherine Polk Failla on 10/19/2022) (rro) (Entered: 10/19/2022)
2022-11-1051FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - NOTICE OF VOLUNTARY DISMISSAL, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) All Defendants. Document filed by Brennan Center for Justice at the New York University School of Law. Proposed Order to be reviewed by Clerk's Office staff. ..(Nolan, Francis) Modified on 11/14/2022 (nd). (Entered: 11/10/2022)
2022-11-14***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Francis Nolan. RE-FILE Document No. 51 Notice of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the voluntary dismissal is not correct; the wrong event type was used to file the voluntary dismissal; the party/parties whom the voluntary dismissal is against was/were NOT selected;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) (Entered: 11/14/2022)
2022-11-1452STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Brennan Center for Justice at the New York University School of Law. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Nolan, Francis) (Entered: 11/14/2022)
2022-11-1453NOTICE OF VOLUNTARY DISMISSAL: NOW, THEREFORE, pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff and Defendants, by and through their undersigned counsel, hereby stipulate that the above-captioned action is voluntarily dismissed without prejudice, without costs or attorney's fees to any party. (Signed by Judge Katherine Polk Failla on 11/14/2022) (rro) (Entered: 11/14/2022)
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