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Case TitleAmerican Civil Liberties Union v. United States Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv10083
Date Filed2020-12-02
Date ClosedOpen
JudgeJudge Paul G. Gardephe
PlaintiffAmerican Civil Liberties Union
Case DescriptionThe American Civil Liberties Union submitted a FOIA request to the Department of Homeland Security. U.S. Customs and Border Protection, and U.S. Immigration and Customs Enforcement for records concerning contracts or agreements with Venntel, Inc. pertaining to access to commercial databases containing cell phone location data. The ACLU also request expedited processing and a fee waiver. All three agencies acknowledged receipt of the request. CBP granted the ACLU's requests for expedited processing and a fee waiver. After hearing nothing further from any of the three agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Public Interest Fee Waiver, 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
Complaint attachment 3
Complaint attachment 4
Opinion/Order [30]
Opinion/Order [34]
FOIA Project Annotation: A federal court in New York has ruled that the ACLU has not shown that it is entitled to expedited processing of its request to U.S. Immigration and Customs Enforcement for records concerning the agency's purchase and use of cell phone location data. ICE agreed to process the request at a rate of 500 pages per month, but the ACLU asked Judge Paul Gardephe to increase that rate to 1,000 pages per month. Gardephe indicated that even the cases cited by the ACLU to justify the faster production rate really did not support its case. He noted that "although the ACLU asserts that a higher processing rate was specified in these cases because they involved matters of 'significant public interest, each case involved factors not present here." The ACLU also asked Gardephe to order ICE to refer its request to the Secret Service and the Coast Guard, Homeland Security components that the ACLU believed might have responsive records. Instead, ICE argued that the ACLU should submit a new request. This time, Gardephe sided with the ACLU. He observed that "DHS's implementing regulations concerning FOIA provide that DHS will forward FOIA requests to DHS component offices that are likely to have responsive records. The regulation makes no exception for the Secret Service and the Coast Guard, and DHS has offered no justification for this Court to ignore the applicable DHS regulation."
Issues: Expedited processing
Opinion/Order [39]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-021FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against American Civil Liberties Union. (Filing Fee $ 402.00, Receipt Number ANYSDC-22841172)Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - CBP Correspondence, # 3 Exhibit C - DHS Correspondence, # 4 Exhibit D - ICE Correspondence).(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020)
2020-12-022FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020)
2020-12-023RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/02/2020)
2020-12-024STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-11311 (JSR). Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/02/2020)
2020-12-025FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020)
2020-12-026FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020)
2020-12-027FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020)
2020-12-03***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nathan Freed Wessler to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. 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. (jgo) (Entered: 12/03/2020)
2020-12-03***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nathan Freed Wessler to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the similar case number is on the wrong section of the PDF;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 12/03/2020)
2020-12-03CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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: 12/03/2020)
2020-12-03Magistrate 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: 12/03/2020)
2020-12-03Case Designated ECF. (jgo) (Entered: 12/03/2020)
2020-12-03***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathan Freed Wessler to RE-FILE Document No. 6 Request for Issuance of Summons, 5 Request for Issuance of Summons, 7 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; the FOIA summons form must be used. 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: 12/03/2020)
2020-12-038COMPLAINT against United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - CBP Correspondence, # 3 Exhibit C - DHS Correspondence, # 4 Exhibit D - ICE Correspondence).(Wessler, Nathan) (Entered: 12/03/2020)
2020-12-039CIVIL COVER SHEET filed..(Wessler, Nathan) (Entered: 12/03/2020)
2020-12-0310REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 8 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/03/2020)
2020-12-0311REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 8 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/03/2020)
2020-12-0312REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 8 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/03/2020)
2020-12-0413NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/8/2021 at 09:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 12/4/2020) (jca) (Entered: 12/04/2020)
2020-12-0414ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(dnh) (Entered: 12/04/2020)
2020-12-0415ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection..(dnh) (Entered: 12/04/2020)
2020-12-0416ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement..(dnh) (Entered: 12/04/2020)
2020-12-2817NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 12/28/2020)
2020-12-2818AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Homeland Security served on 12/28/2020, answer due 1/27/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2020)
2020-12-2819AFFIDAVIT OF SERVICE (FOIA CASE). United States Customs and Border Protection served on 12/28/2020, answer due 1/27/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2020)
2020-12-2820AFFIDAVIT OF SERVICE (FOIA CASE). United States Immigration and Customs Enforcement served on 12/28/2020, answer due 1/27/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2020)
2021-01-1421NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 01/14/2021)
2021-01-2722ANSWER to 8 Complaint,. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 01/27/2021)
2021-02-0123NOTICE OF APPEARANCE by Ashley Marie Gorski on behalf of American Civil Liberties Union..(Gorski, Ashley) (Entered: 02/01/2021)
2021-03-2924JOINT LETTER MOTION for Conference (telephonic) addressed to Judge Paul G. Gardephe from Nathan Freed Wessler dated March 29, 2021. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 03/29/2021)
2021-04-0125ORDER granting 24 Letter Motion for Conference re: 24 JOINT LETTER MOTION for Conference (telephonic) addressed to Judge Paul G. Gardephe from Nathan Freed Wessler dated March 29, 2021. The conference currently scheduled for April 8, 2021 will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Two days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/1/2021) (jca) (Entered: 04/01/2021)
2021-04-0126JOINT PRE-CONFERENCE STATEMENT . Document filed by American Civil Liberties Union. (Attachments: # 1 Proposed case management plan).(Wessler, Nathan) (Entered: 04/01/2021)
2021-04-0227NOTICE OF APPEARANCE by Amy Belsher on behalf of American Civil Liberties Union..(Belsher, Amy) (Entered: 04/02/2021)
2021-04-0228NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of American Civil Liberties Union..(Hodgson, Robert) (Entered: 04/02/2021)
2021-04-0829NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of American Civil Liberties Union..(Dunn, Christopher) (Entered: 04/08/2021)
2021-04-08Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 4/8/2021. (Court Reporter Rose Prater) (mr) (Entered: 04/09/2021)
2021-04-0930ORDER: Plaintiff American Civil Liberties Union ("ACLU") filed a FOIA request seeking records from the U.S. Department of Homeland Security ("DHS"), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement ("ICE") (collectively, "Defendants") regarding their purchase and use of cell phone location data. As discussed at yesterday's conference, the Government will file a declaration from ICE explaining its position that it cannot process and produce more than 500 pages of responsive records per month. In addition, the Government will file a letter stating the estimated volume of responsive records from DHS, DHS's proposed rate of processing those records, and whether the U.S. Coast Guard or Secret Service have records responsive to the ACLU's request. The Government will file any declarations and its letter stating Defendants' position with respect to any outstanding record search, processing and production issues by April 16, 2021. The ACLU will file its response by April 23, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/9/2021) (ks) (Entered: 04/09/2021)
2021-04-1631STATUS REPORT. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A).(Kraemer, Talia) (Entered: 04/16/2021)
2021-04-2232STATUS REPORT. Updated Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 04/22/2021)
2021-04-2333LETTER addressed to Judge Paul G. Gardephe from Nathan Freed Wessler dated April 23, 2021 re: Response to Defendants' Status Reports of April 16 and 22, 2021. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 04/23/2021)
2021-11-1934ORDER: Accordingly, DHS is directed to forward the ACLU's FOIA request to the U.S. Secret Service and the U.S. Coast Guard. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/19/2021) (ks) (Entered: 11/19/2021)
2021-11-2935NOTICE OF APPEARANCE by Shreya Tewari on behalf of American Civil Liberties Union..(Tewari, Shreya) (Entered: 11/29/2021)
2022-02-07Magistrate Judge Jennifer Willis is so redesignated. (wb) (Entered: 02/07/2022)
2022-10-1436MOTION for Shreya Tewari to Withdraw as Attorney . Document filed by American Civil Liberties Union..(Tewari, Shreya) (Entered: 10/14/2022)
2022-10-1437NOTICE OF APPEARANCE by Elizabeth Hui Gyori on behalf of American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 10/14/2022)
2022-10-2438MEMO ENDORSEMENT on MOTION OF SHREYA TEWARI TO WITHDRAW AS COUNSEL granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: The Application is granted. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 10/21/2022) Attorney Shreya Tewari terminated (ks) (Entered: 10/24/2022)
2024-01-0239ORDER: The parties are directed to submit a joint letter by January 12, 2024, informing this Court of the progress of this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/02/2024) (ama) (Entered: 01/02/2024)
2024-01-1140LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated January 11, 2024 re: Court's Order of January 2, 2024 (ECF No. 39). Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 01/11/2024)
2024-01-1641MEMO ENDORSEMENT on re: 40 Letter filed by American Civil Liberties Union ENDORSEMENT: The Application is granted. By March 15, 2024, the parties are directed to provide a further status update as to document exchange, review, and pre-motion resolution. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/16/2024) (ks) (Entered: 01/16/2024)
2024-03-1442LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated March 14, 2024 re: Court's Order of January 16, 2024 for Joint Status Update Letter. Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 03/14/2024)
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