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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 ClosedOpen
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)
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