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Case TitleNew York Civil Liberties Union v. Office of Refugee Resettlement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv05573
Date Filed2020-07-20
Date Closed2022-06-24
JudgeJudge Ronnie Abrams
PlaintiffNew York Civil Liberties Union
Case DescriptionThe New York Civil Liberties Union submitted a FOIA request to the Office of Refugee Resettlement, part of the Administration for Children and Families at the Department of Health and Human Services, for records concerning a policy change prohibiting ORR shelters from transporting children to offices of their attorneys. NYCLU also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. NYCLU filed an administrative appeal when the agency failed to respond within the statutory time limit. After hearing nothing further from the agency, NYCLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantOffice of Refugee Resettlement
DefendantAdministration for Children and Families
DefendantU.S. Department of Health and Human Services,
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [16]
Opinion/Order [20]
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-201COMPLAINT against Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,. (Filing Fee $ 400.00, Receipt Number ANYSDC-20758400)Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit A, FOIA Request, # 2 Exhibit B, Acknowledgment Letter, # 3 Exhibit C, FOIA Appeal).(Cohen, Jordan) (Entered: 07/20/2020)
2020-07-202CIVIL COVER SHEET filed..(Cohen, Jordan) (Entered: 07/20/2020)
2020-07-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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: 07/21/2020)
2020-07-21Magistrate 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: 07/21/2020)
2020-07-21Case Designated ECF. (jgo) (Entered: 07/21/2020)
2020-07-213NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of New York Civil Liberties Union..(Dunn, Christopher) (Entered: 07/21/2020)
2020-07-244ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/25/2020 at 10:15 AM before Judge Ronnie Abrams. To the extent that COVID-19 still makes it impractical to meet in person at that time, the Court will hold the conference by telephone. (Signed by Judge Ronnie Abrams on 7/24/2020) (rj) (Entered: 07/24/2020)
2020-07-245REQUEST FOR ISSUANCE OF SUMMONS as to Office of Refugee Resettlement, re: 1 Complaint,. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 07/24/2020)
2020-07-246REQUEST FOR ISSUANCE OF SUMMONS as to Administration for Children and Families, re: 1 Complaint,. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 07/24/2020)
2020-07-247REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Health and Human Services, re: 1 Complaint,. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 07/24/2020)
2020-07-278ELECTRONIC SUMMONS ISSUED as to Administration for Children and Families..(jgo) (Entered: 07/27/2020)
2020-07-279ELECTRONIC SUMMONS ISSUED as to Office of Refugee Resettlement..(jgo) (Entered: 07/27/2020)
2020-07-2710ELECTRONIC SUMMONS ISSUED as to U.S. Department of Health and Human Services,..(jgo) (Entered: 07/27/2020)
2020-07-2811AFFIDAVIT OF SERVICE of Summons and Complaint,. Administration for Children and Families served on 7/28/2020, answer due 8/18/2020; Office of Refugee Resettlement served on 7/28/2020, answer due 8/18/2020; U.S. Department of Health and Human Services, served on 7/28/2020, answer due 8/18/2020. Service was made by Mail. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 07/28/2020)
2020-08-0612NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of New York Civil Liberties Union..(Gemmell, Antony) (Entered: 08/06/2020)
2020-08-2713ANSWER to 1 Complaint,. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 08/27/2020)
2020-09-1614AFFIDAVIT OF SERVICE of Order (ECF No. 4) served on All Defendants. Document filed by New York Civil Liberties Union. (Attachments: # 1 Exhibit Email Confirmation of Waiver).(Cohen, Jordan) (Entered: 09/16/2020)
2020-09-1815JOINT LETTER addressed to Judge Ronnie Abrams from All Parties dated 09/18/20 re: Initial Status Conference. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 09/18/2020)
2020-09-25Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 9/25/2020. (arc) (Entered: 09/25/2020)
2020-09-2516ORDER: As discussed during today's conference, the parties shall file a joint status update with the Court no later than October 9, 2020. Counsel for both parties shall appear telephonically for a status conference on October 22, 2020 at 12:00 pm. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. ( Telephone Conference set for 10/22/2020 at 12:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 9/25/2020) (cf) (Entered: 09/25/2020)
2020-10-0917JOINT LETTER addressed to Judge Ronnie Abrams from All Parties dated 10/09/20 re: Status Update. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 10/09/2020)
2020-10-1418MEMO ENDORSEMENT on re: 17 Letter filed by New York Civil Liberties Union ENDORSEMENT: Application granted. The parties shall file a joint status letter no later than November 9, 2020. The conference scheduled for October 22, 2020 is hereby adjourned until November 13, 2020 at 1:00 pm. SO ORDERED. (Telephone Conference set for 11/13/2020 at 01:00 PM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 10/14/2020) (rro) (Entered: 10/14/2020)
2020-11-0919JOINT LETTER MOTION to Adjourn Conference Scheduled for November 13, 2020 addressed to Judge Ronnie Abrams from Jennifer Jude dated 11/9/20. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 11/09/2020)
2020-11-1020ORDER granting 19 Letter Motion to Adjourn Conference. Application granted. The conference scheduled for Friday, November 13, 2020 is hereby adjourned until December 8, 2020 at 1:30 pm. The parties shall submit a joint status letter no later than December 4, 2020. SO ORDERED. Telephone Conference set for 12/8/2020 at 01:30 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 11/10/2020) (kv) (Entered: 11/10/2020)
2020-12-0421JOINT LETTER addressed to Judge Ronnie Abrams from All Parties dated December 4, 2020 re: Status Update. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 12/04/2020)
2020-12-0722LETTER addressed to Judge Ronnie Abrams from Jennifer Jude dated 12/7/20 re: Agency Declaration in Support of Defendants' Proposed Processing Rate. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,. (Attachments: # 1 Exhibit A).(Jude, Jennifer) (Entered: 12/07/2020)
2020-12-08Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 12/8/2020. (Court Reporter Kristen Carannante) (arc) (Entered: 12/08/2020)
2020-12-0823ORDER: For the reasons articulated at today's conference, Defendants are hereby ORDERED to process the documents it has identified at a rate of 500 documents per month. IT IS FURTHER ORDERED that the parties submit a joint status letter to the Court no later than February 8, 2021, or earlier, if need be. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/8/2020) (kv) (Entered: 12/08/2020)
2021-02-0824JOINT LETTER addressed to Judge Ronnie Abrams from All Parties dated 02/08/21 re: Status Update. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 02/08/2021)
2021-02-0925MEMO ENDORSEMENT on re: 24 Letter filed by New York Civil Liberties Union. ENDORSEMENT: SO ORDERED. (Signed by Judge Ronnie Abrams on 2/9/2021) (kv) (Entered: 02/09/2021)
2021-05-1226JOINT LETTER addressed to Judge Ronnie Abrams from All Parties dated 05/12/21 re: Status Update. Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 05/12/2021)
2021-05-1327MEMO ENDORSEMENT re: 26 Letter filed by New York Civil Liberties Union. ENDORSEMENT: Application granted. The parties shall submit another status letter no later than August 12, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/13/2021) (nb) (Entered: 05/13/2021)
2021-08-1228JOINT LETTER addressed to Judge Ronnie Abrams from Jennifer Jude dated 8/12/21 re: Case Status. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 08/12/2021)
2021-08-1329MEMO ENDORSEMENT on re: 28 Letter re: Case Status. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services, filed by U.S. Department of Health and Human Services, Administration for Children and Families, Office of Refugee Resettlement. ENDORSEMENT: Application granted. The parties shall submit another status letter no later than November 10, 2021. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/13/2021) (rj) (Entered: 08/13/2021)
2021-08-3130MOTION for Jordan Laris Cohen to Withdraw as Attorney . Document filed by New York Civil Liberties Union..(Cohen, Jordan) (Entered: 08/31/2021)
2021-09-0131MEMO ENDORSED ORDER granting 30 Motion to Withdraw as Attorney. ENDORSEMENT: Application granted. SO ORDERED. Attorney Jordan Laris Cohen terminated. (Signed by Judge Ronnie Abrams on 8/31/2021) (rj) (Entered: 09/01/2021)
2021-11-1032JOINT LETTER addressed to Judge Ronnie Abrams from Jennifer Jude dated 11/10/21 re: Status Update. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 11/10/2021)
2021-11-1233MEMO ENDORSEMENT on re: 32 Letter, filed by U.S. Department of Health and Human Services,, Administration for Children and Families, Office of Refugee Resettlement. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/12/2021) (ks) (Entered: 11/12/2021)
2022-02-0834JOINT LETTER addressed to Judge Ronnie Abrams from Jennifer Jude dated 2/8/22 Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 02/08/2022)
2022-02-0935MEMO ENDORSEMENT on re: 34 Letter filed by U.S. Department of Health and Human Services,, Administration for Children and Families, Office of Refugee Resettlement. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/9/2022) (ate) (Entered: 02/09/2022)
2022-05-0936LETTER addressed to Judge Ronnie Abrams from Jennifer Jude dated 5/9/22 re: Status Update. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 05/09/2022)
2022-05-1037MEMO ENDORSEMENT on re: 36 Letter filed by U.S. Department of Health and Human Services,, Administration for Children and Families, Office of Refugee Resettlement. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/10/2022) (tg) (Entered: 05/10/2022)
2022-06-0738PROPOSED STIPULATION AND ORDER. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer) (Entered: 06/07/2022)
2022-06-2439STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by Defendants as of June 3, 2022, fully resolve any and all claims the NYCLU now has or may hereafter acquire against Defendants, or any department, agency, officer, or employee of Defendants and/or the United States, for the release of records arising from the NYCLU's FOIA request at issue in this action, except as described in paragraph 2. 2. Within a reasonable period of time after the Court has approved and docketed this Stipulation and Order and the NYCLU has provided payment-related information to Defendants, Defendants shall pay to the NYCLU via electronic funds transfer the sum of TWO THOUSAND THREE HUNDRED FORTY-TWO DOLLARS AND SIXTEEN CENTS ($2,342.16) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum the NYCLU agrees to accept in complete satisfaction of any and all claims by the NYCLU for attorneys' fees, expenses, costs, interest, and any other sums in this litigation. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 4. This Stipulation and Order shall not constitute an admission of liability on the part of Defendants or the United States or their agents, servants, or employees, and is entered into by all parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. 5. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against Defendants, the United States, or any agency or instrumentality of the United States. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them in this action, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require Defendants or the United States to obligate or pay funds in contravention of the Anti-Deficiency Act. 8. Counsel for Defendants will be filing this Stipulation and Order via the ECF system on behalf of both parties. Pursuant to Rule 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court for the Southern District of New York, counsel for the NYCLU consents to the electronic filing of this Stipulation and Order by counsel for Defendants. IT IS SO ORDERED. (Signed by Judge Ronnie Abrams on 6/24/2022) (ate) (Entered: 06/24/2022)
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