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Case TitleDocumented NY v. United States Department of State et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv01946
Date Filed2020-03-04
Date ClosedOpen
JudgeJudge Alison J. Nathan
PlaintiffDocumented NY
Case DescriptionDocumented NY submitted FOIA requests to the Department of State, the Department of Health and Human Services, and OMB for records concerning the impact of the public charge rule. Documented NY also requested expedited processing and a fee waiver. All three agencies acknowledged receipt of the requests. The Department of State granted Documented NY's request for a fee waiver but denied its request for expedited processing. After hearing nothing further from the agency, Documented NY filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Department of State
DefendantUnited States Department of Health and Human Services
DefendantOffice of Management and Budget
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-041FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-19009327)Document filed by Documented NY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Schwarz, Ghita) Modified on 3/5/2020 (sj). (Entered: 03/04/2020)
2020-03-042CIVIL COVER SHEET filed..(Schwarz, Ghita) (Entered: 03/04/2020)
2020-03-043REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF STATE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, and OFFICE OF MANAGEMENT AND BUDGET, re: 1 Complaint,. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 03/04/2020)
2020-03-05***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ghita Schwarz to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed. 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. (sj) (Entered: 03/05/2020)
2020-03-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 . .(sj) (Entered: 03/05/2020)
2020-03-05Magistrate Judge Kevin Nathaniel Fox 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 . (sj) (Entered: 03/05/2020)
2020-03-05Case Designated ECF. (sj) (Entered: 03/05/2020)
2020-03-054ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. (sj) (Entered: 03/05/2020)
2020-03-055NOTICE OF APPEARANCE by Susan Joan Cameron on behalf of Documented NY..(Cameron, Susan) (Entered: 03/05/2020)
2020-03-086COMPLAINT against Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. Document filed by Documented NY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Schwarz, Ghita) (Entered: 03/08/2020)
2020-03-247AFFIDAVIT OF SERVICE of Summons and Complaint,. Office of Management and Budget served on 3/9/2020, answer due 3/30/2020; United States Department of Health and Human Services served on 3/9/2020, answer due 3/30/2020; United States Department of State served on 3/9/2020, answer due 3/30/2020. Service was accepted by DEREK MAYERS. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 03/24/2020)
2020-04-038LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Emily Bretz dated April 3, 2020. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Bretz, Emily) (Entered: 04/03/2020)
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by FOIA Project Staff
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