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Case TitleInternational Refugee Assistance Project et al v. United States Customs and Border Protection et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv03202
Date Filed2020-04-23
Date ClosedOpen
JudgeJudge George B. Daniels
PlaintiffInternational Refugee Assistance Project
PlaintiffRefugee and Immigrant Center for Education and Legal Services
Case DescriptionThe International Refugee Assistance Project submitted FOIA requests to U.S. Customs and Border Protection and the Department of State for records concerning the Iraqi and Afghan Special Immigrant Visa Program. IRAP also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from either agency, IRAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-231COMPLAINT against United States Customs and Border Protection, United States Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-19553468)Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit A- FOIA Request, # 2 Exhibit B- FOIA Request, # 3 Exhibit C- Green Card).(Eggleston, Warren) (Entered: 04/23/2020)
2020-04-232CIVIL COVER SHEET filed..(Eggleston, Warren) (Entered: 04/23/2020)
2020-04-233FILING ERROR - SUMMONS REQUEST - As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney General, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) Modified on 4/24/2020 (jgo). (Entered: 04/23/2020)
2020-04-234REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) (Entered: 04/23/2020)
2020-04-235REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) (Entered: 04/23/2020)
2020-04-236FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) Modified on 4/24/2020 (jgo). (Entered: 04/23/2020)
2020-04-237MOTION for Stuart A.C. Drake to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19556823. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Stuart Drake Affidavit, # 3 Text of Proposed Order Proposed Order).(Drake, Stuart) (Entered: 04/23/2020)
2020-04-238FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Tyler L. Burgess to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19556927. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit Certificate of Good Standing, # 2 Exhibit Certificate of Good Standing, # 3 Exhibit Certificate of Good Standing, # 4 Exhibit Tyler Burgess Affidavit, # 5 Text of Proposed Order Proposed Order).(Burgess, Tyler) Modified on 4/23/2020 (ad). (Entered: 04/23/2020)
2020-04-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 7 MOTION for Stuart A.C. Drake to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19556823. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ad) (Entered: 04/23/2020)
2020-04-23>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 8 MOTION for Tyler L. Burgess to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19556927. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): The Certificate of Good Standing must be issued from the California Supreme Court, 350 Mc Allister Street, Room 1295, San Francisco, CA 94102 415-865-7000;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad) (Entered: 04/23/2020)
2020-04-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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: 04/24/2020)
2020-04-24Magistrate 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 . (jgo) (Entered: 04/24/2020)
2020-04-24Case Designated ECF. (jgo) (Entered: 04/24/2020)
2020-04-249ELECTRONIC SUMMONS ISSUED as to United States Department of State..(jgo) (Entered: 04/24/2020)
2020-04-2410ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection..(jgo) (Entered: 04/24/2020)
2020-04-24***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Warren Neil Eggleston to RE-FILE Document No. 6 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name listed on 'as to' docket entry text and the pdf 'To' section are not parties of record. List party of record name followed by 'care of c/o' or 'via' non party/agency name;. 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: 04/24/2020)
2020-04-2411REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection and U.S. Department of State c/o United States Attorney General, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) (Entered: 04/24/2020)
2020-04-2412FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection and U.S. Department of State c/o United States Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) Modified on 4/27/2020 (pc). (Entered: 04/24/2020)
2020-04-27***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Warren Neil Eggleston to RE-FILE Document No. 12 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; Party name on summons must exactly match complaint caption title;. 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. (pc) (Entered: 04/27/2020)
2020-04-2713ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection, United States Department of State..(pc) (Entered: 04/27/2020)
2020-04-2814FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection and United States Department of State c/o United States Attorney for the Southern District of New York, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Eggleston, Warren) Modified on 4/29/2020 (pne). (Entered: 04/28/2020)
2020-04-29***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Warren Neil Eggleston to RE-FILE Document No. 14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): a summons has already been issued for these parties; the wrong event type was used to file the request for issuance of summons. Re-file the document using the event type Request for Issuance of AMENDED Summons found under the event list Service of Process - select the correct filer/filers - and attach the summons form PDF. (pne) (Entered: 04/29/2020)
2020-05-0415MOTION for Tyler L. Burgess to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Exhibit A - CA Certificate of Good Standing, # 2 Exhibit B - NC Certificate of Good Standing, # 3 Exhibit C - DC Certificate of Good Standing, # 4 Exhibit D - Affidavit, # 5 Proposed Order).(Burgess, Tyler) (Entered: 05/04/2020)
2020-05-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 15 MOTION for Tyler L. Burgess to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (laq) (Entered: 05/04/2020)
2020-05-0516ORDER FOR ADMISSION PRO HAC VICE: granting 15 Motion for Tyler L. Burgess to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 5/05/2020) (ama) (Entered: 05/05/2020)
2020-05-0517INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/11/2020 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels and further set forth in this Order. (Signed by Judge George B. Daniels on 5/5/2020) (rro) (Entered: 05/05/2020)
2020-05-0618FILING ERROR - DEFICIENT PRO HAC VICE MOTION - FIRST MOTION for Curtis F. Doebbler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19724939. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Affidavit Decl. in lieu of Affidavit due to COVID19).(Doebbler, Curtis) Modified on 5/7/2020 (ad). (Entered: 05/06/2020)
2020-05-06>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 18 FIRST MOTION for Curtis F. Doebbler to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19724939. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): missing Certificate of Good Standing from the Supreme Courts of Texas and the District of Columbia.; missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad) (Entered: 05/07/2020)
2020-05-0719LETTER addressed to Judge George B. Daniels from Tyler L. Burgess dated 5/7/2020 re: Transmittal of Initial Pretrial Conference Order and Civil Case Management Plan and Schedule to Defendants. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services..(Burgess, Tyler) (Entered: 05/07/2020)
2020-05-0720MOTION for Curtis F Doebbler to Appear Pro Hac Vice (CORRECTED) . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Refugee and Immigrant Center for Education and Legal Services. (Attachments: # 1 Affidavit Declaration in Lieu, # 2 Exhibit Cert Good Standing DC, # 3 Exhibit Cert Good Standing TX, # 4 Text of Proposed Order Grant of Admission PHV).(Doebbler, Curtis) (Entered: 05/07/2020)
2020-05-07>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 20 MOTION for Curtis F Doebbler to Appear Pro Hac Vice (CORRECTED) . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ad) (Entered: 05/08/2020)
2020-05-1121ORDER GRANTING PRO HAC VICE ADMISSION granting 20 Motion for Curtis F Doebbler to Appear Pro Hac Vice. (Signed by Judge George B. Daniels on 5/11/2020) (jwh) (Entered: 05/11/2020)
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