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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
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)
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by FOIA Project Staff
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