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Case TitleLatinoJustice PRLDEF v. United States Department of Housing and Urban Development
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv04859
Date Filed2020-06-24
Date Closed2022-03-02
JudgeJudge Lewis J. Liman
PlaintiffLatinoJustice PRLDEF
Case DescriptionLatinoJustice submitted a FOIA request to the Department of Housing and Urban Development for records concerning a proposed rule that would prohibit households containing a mixture of legal and non-documented individuals from receiving federal rental aid. LatinoJustice also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, LatinoJustice filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Housing and Urban Development
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [13]
Opinion/Order [17]
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-06-241COMPLAINT against United States Department of Housing and Urban Development. (Filing Fee $ 400.00, Receipt Number ANYSDC-20405313)Document filed by LatinoJustice PRLDEF. (Attachments: # 1 A - HUD's Proposed Rule, # 2 B - LatinoJustice February 10, 2020 FOIA Request, # 3 C - HUD letter dated February 21, 2020, # 4 D - HUD letter dated March 30, 2020, # 5 E - Email correspondence between LatinoJustice and HUD, # 6 F - HUD interim response, # 7 G - HUD redacted record).(Kessler, Jeffrey) (Entered: 06/24/2020)
2020-06-242CIVIL COVER SHEET filed..(Kessler, Jeffrey) (Entered: 06/24/2020)
2020-06-243STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:20-cv-02283-LJL. Document filed by LatinoJustice PRLDEF..(Kessler, Jeffrey) (Entered: 06/24/2020)
2020-06-244RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by LatinoJustice PRLDEF..(Kessler, Jeffrey) (Entered: 06/24/2020)
2020-06-245REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Housing and Urban Development, re: 1 Complaint,,. Document filed by LatinoJustice PRLDEF..(Kessler, Jeffrey) (Entered: 06/24/2020)
2020-06-246NOTICE OF APPEARANCE by Jeffrey J. Amato on behalf of LatinoJustice PRLDEF..(Amato, Jeffrey) (Entered: 06/24/2020)
2020-06-247NOTICE OF APPEARANCE by Kerry Donovan on behalf of LatinoJustice PRLDEF..(Donovan, Kerry) (Entered: 06/24/2020)
2020-06-248NOTICE OF APPEARANCE by Jay Wexler on behalf of LatinoJustice PRLDEF..(Wexler, Jay) (Entered: 06/24/2020)
2020-06-249NOTICE OF APPEARANCE by Mohammad Basim Pathan on behalf of LatinoJustice PRLDEF..(Pathan, Mohammad) (Entered: 06/24/2020)
2020-06-2410NOTICE OF APPEARANCE by Natasha Lycia Ora Bannan on behalf of LatinoJustice PRLDEF..(Bannan, Natasha) (Entered: 06/24/2020)
2020-06-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pne) (Entered: 06/25/2020)
2020-06-25Case Designated ECF. (pne) (Entered: 06/25/2020)
2020-06-25CASE REFERRED TO Judge Lewis J. Liman as possibly related to 20CV2283. (pne) (Entered: 06/25/2020)
2020-06-2511ELECTRONIC SUMMONS ISSUED as to United States Department of Housing and Urban Development..(pne) (Entered: 06/25/2020)
2020-06-2512NOTICE OF APPEARANCE by Francisca Fajana on behalf of LatinoJustice PRLDEF..(Fajana, Francisca) (Entered: 06/25/2020)
2020-06-29CASE ACCEPTED AS RELATED. Create association to 1:20-cv-02283-LJL. Notice of Assignment to follow. (wb) (Entered: 06/29/2020)
2020-06-29NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Unassigned is no longer assigned to the case..(wb) (Entered: 06/29/2020)
2020-06-29Magistrate Judge Gabriel W. Gorenstein 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: 06/29/2020)
2020-06-2913ORDER: The parties shall appear for a telephonic conference at 4:00 p.m. on July 2, 2020. They are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. ( Telephone Conference set for 7/2/2020 at 04:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 6/29/2020) (va) (Entered: 06/29/2020)
2020-06-3014NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 06/30/2020)
2020-06-3015OBJECTION TO STATEMENT OF RELATEDNESS re: 3 Statement of Relatedness and Request for Adjournment of July 2, 2020 Conference . Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 06/30/2020)
2020-07-0116RESPONSE re: 15 OBJECTION TO STATEMENT OF RELATEDNESS . Document filed by LatinoJustice PRLDEF..(Amato, Jeffrey) (Entered: 07/01/2020)
2020-07-0117ORDER: The Court is in receipt of Defendant's objection to the relatedness of this case with The Legal Aid Society v. United States Department of Housing and Urban Development, No. 20-cv2283, and its request to adjourn the telephonic conference set for 4:00 p.m. on July 2, 2020. (Dkt. No. 15.) IT IS HEREBY ORDERED that Plaintiff file a response to the Government's letter no later than 5:00 p.m. on June 2, 2020. The conference previously set for June 2, 2020 is ADJOURNED sine die. SO ORDERED. (Signed by Judge Lewis J. Liman on 7/1/2020) (va) (Entered: 07/01/2020)
2020-07-0418ENDORSED LETTER addressed to Judge Lewis J. Liman from Christine S. Poscablo dated June 30, 2020 re: letter requesting to adjourn conference. ENDORSEMENT: Having considered the Government's application and Plaintiff's response, the Court affirms its prior conclusion that this case is related to 20-cv-2283 The Legal Aid Society v. United States Department of Housing and Urban Development and the Court's acceptance of the assignment of this case on that basis. The parties in this case shall appear for a telephonic conference on July 8, 2020 at 6:30 p.m. They are directed to call (888) 251-2909 and use access code 2123101.., (Signed by Judge Lewis J. Liman on 7/4/2020) ( Telephone Conference set for 7/8/2020 at 06:30 PM before Judge Lewis J. Liman.) (ks) (Entered: 07/06/2020)
2020-07-0819LETTER addressed to Judge Lewis J. Liman from Christine S. Poscablo dated July 8, 2020 re: Defendant's Time to Respond to Complaint. Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 07/08/2020)
2020-07-0820NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of United States Department of Housing and Urban Development..(Reddy, Kirti) (Entered: 07/08/2020)
2020-07-0821ORDER: The parties in this case shall appear for a telephonic conference at 5:30 p.m. on July 28, 2020. They are directed to call (888) 251-2909 and use access code 2123101. SO ORDERED. ( Telephone Conference set for 7/28/2020 at 05:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 7/8/2020) (va) (Entered: 07/08/2020)
2020-07-08Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 7/8/2020. Jeffrey Amato, Jeffrey Kessler, Kerry Donovan, Francisca Fajana, Mohammad Pathanand, Jay Wexler, and Natasha Bannan present by telephone for Plaintiff. Christine Poscablo and Kirti Reddy present by telephone for Defendant. Court reporter present by telephone. Next Telephone Conference set for July 28, 2020 at 5:30PM before Judge Lewis J. Liman. (mf) (Entered: 07/12/2020)
2020-07-28Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 7/28/2020. Jeffrey Amato, Kerry Donovan, Francisca Fajana, Mohammad Pathanand, Jay Wexler, and Natasha Bannan present by telephone for Plaintiff. Christine Poscablo and Kirti Reddy present by telephone for Defendant. Court reporter present by telephone. Telephonic Status Conference set for August 20, 2020 at 2:00PM before Judge Lewis J. Liman. (mf) (Entered: 08/07/2020)
2020-07-28Set/Reset Hearings: Telephonic Status Conference set for 8/20/2020 at 02:00 PM before Judge Lewis J. Liman. (mf) (Entered: 08/07/2020)
2020-07-3122ANSWER to 1 Complaint,,. Document filed by United States Department of Housing and Urban Development..(Reddy, Kirti) (Entered: 07/31/2020)
2020-08-1123TRANSCRIPT of Proceedings re: CONFERENCE held on 7/28/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Khristine Sellin, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/1/2020. Redacted Transcript Deadline set for 9/11/2020. Release of Transcript Restriction set for 11/9/2020..(McGuirk, Kelly) (Entered: 08/11/2020)
2020-08-1124NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/28/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 08/11/2020)
2020-08-1825STATUS REPORT. and Request for Adjournment of August 20, 2020 Status Conference Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 08/18/2020)
2020-08-1826MEMO ENDORSEMENT on re: 25 Status Report filed by United States Department of Housing and Urban Development. ENDORSEMENT: SO ORDERED. The status conference previously set for August 19, 2020 is ADJOURNED to September 21, 2020 at 5:00 p.m. It will proceed telephonically. The parties are directed to call (888) 251-2909 and use access code 2123101 and to submit a status letter no later than 5:00 p.m. on September 19, 2020. ( Telephone Conference set for 9/21/2020 at 05:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 8/18/2020) (va) (Entered: 08/18/2020)
2020-09-18ORDER: The Telephone Status Conference previously scheduled for September 21, 2020 has been RESCHEDULED to September 25, 2020 at 4:00PM. Parties are directed to dial into the Court's teleconference number at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 09/18/2020)
2020-09-18Set/Reset Hearings: Telephone Status Conference set for 9/25/2020 at 04:00 PM before Judge Lewis J. Liman. (mf) (Entered: 09/18/2020)
2020-09-1927STATUS REPORT. Document filed by United States Department of Housing and Urban Development. (Attachments: # 1 Exhibit A (Plaintiff's FOIA Request)).(Poscablo, Christine) (Entered: 09/19/2020)
2020-09-25Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Conference held on 9/25/2020. Jeffrey Amato, Jay Wexler, and Natasha Bannan present by telephone for Plaintiff. Christine Poscablo and Kirti Reddy present by telephone for Defendant. Court reporter present by telephone. Parties to file a status report by October 14, 2020 at 5:00PM. Next Telephonic Status Conference set for October 16, 2020 at 12:00PM before Judge Lewis J. Liman. (mf) (Entered: 10/02/2020)
2020-09-25Set/Reset Hearings: Status Conference set for 10/16/2020 at 12:00 PM before Judge Lewis J. Liman. (mf) (Entered: 10/02/2020)
2020-10-1428STATUS REPORT. and Request for Adjournment of October 16, 2020 Conference Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 10/14/2020)
2020-10-14ORDER GRANTING Dkt# 28 Status Report and Request for Adjournment of October 16, 2020 Conference filed by United States Department of Housing and Urban Development. Parties are to submit a status letter on or before November 23, 2020. The Status Conference previously set for October 16, 2020 is RESCHEDULED to November 24, 2020 at 2:00PM. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 10/14/2020)
2020-10-14Set/Reset Hearings: Telephone Status Conference set for 11/24/2020 at 02:00 PM before Judge Lewis J. Liman. (mf) (Entered: 10/14/2020)
2020-10-2829MOTION for Mohammad B. Pathan to Withdraw as Attorney . Document filed by LatinoJustice PRLDEF..(Pathan, Mohammad) (Entered: 10/28/2020)
2020-10-2830DECLARATION of Mohammad B. Pathan in Support re: 29 MOTION for Mohammad B. Pathan to Withdraw as Attorney .. Document filed by LatinoJustice PRLDEF..(Pathan, Mohammad) (Entered: 10/28/2020)
2020-11-2231ORDER granting 29 Motion to Withdraw as Attorney. Attorney Mohammad Basim Pathan terminated (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb) (Entered: 11/22/2020)
2020-11-2332STATUS REPORT. and Joint Request to Adjourn November 24, 2020 Status Conference Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 11/23/2020)
2020-11-24Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Status Conference held on 11/24/2020. Kerry Donovan, Jeffrey Amato, Francisca Fajana, Jay Wexler, Jeffrey Kessler, and Natasha Bannan present by telephone for Plaintiff. Christine Poscablo and Kirti Reddy present by telephone for Defendant. Court reporter present by telephone. Conference adjourned sine die. Parties to submit status letter on or before December 22, 2020. (mf) (Entered: 11/24/2020)
2020-11-2433MEMO ENDORSEMENT on re: 32 Status Report filed by United States Department of Housing and Urban Development. ENDORSEMENT: The request for an adjournment sine die is GRANTED. The parties will submit another status letter on or before December 22, 2020. SO ORDERED. (Signed by Judge Lewis J. Liman on 11/24/2020) (va) (Entered: 11/25/2020)
2020-12-2234STATUS REPORT. Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 12/22/2020)
2020-12-2335MEMO ENDORSEMENT on re: 34 Status Report filed by United States Department of Housing and Urban Development. ENDORSEMENT: Parties are directed to submit a status report by January 15, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 12/23/2020) (kv) (Entered: 12/23/2020)
2021-01-1336MOTION for Natasha Lycia Ora Bannan to Withdraw as Attorney . Document filed by LatinoJustice PRLDEF..(Bannan, Natasha) (Entered: 01/13/2021)
2021-01-1537STATUS REPORT. and Request for Permission to File Further Status Report on or Before February 19, 2021 Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 01/15/2021)
2021-01-1938MEMO ENDORSEMENT on re: 37 Status Report filed by United States Department of Housing and Urban Development. ENDORSEMENT: The parties' request is GRANTED. Parties are directed to submit a status report by February 19, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 1/19/2021) (ks) (Entered: 01/19/2021)
2021-02-1939STATUS REPORT. and Request for Permission to File Stipulation and Order of Dismissal or Further Status Report on or before March 26, 2021 Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 02/19/2021)
2021-02-2340MEMO ENDORSEMENT on re: 39 Status Report filed by United States Department of Housing and Urban Development. ENDORSEMENT: The parties' request is GRANTED. Parties are directed to submit a status update to the Court by March 26, 2021. SO ORDERED. (Signed by Judge Lewis J. Liman on 2/23/2021) (va) (Entered: 02/23/2021)
2021-03-2441PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Housing and Urban Development..(Poscablo, Christine) (Entered: 03/24/2021)
2021-03-2642STIPULATION AND ORDER: NOW, THEREFORE, the parties hereby stipulate and agree as follows: 1. As soon as reasonably practicable after the Court has approved and docketed this Stipulation, HUD shall pay five thousand nine hundred dollars ($5,900) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any and all claims by Plaintiff for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information for HUD to effectuate the transfer. (AS further set forth herein.) SO ORDERED. (Signed by Judge Lewis J. Liman on 3/26/2021) (va) Transmission to Finance Unit (Cashiers) for processing. (Entered: 03/26/2021)
2021-04-2843ORDER granting 36 Motion to Withdraw as Attorney. Attorney Natasha Lycia Ora Bannan terminated (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (epb) (Entered: 04/28/2021)
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