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Case TitleSafe Passage Project v. U.S. Customs and Border Protection et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv03288
Date Filed2021-04-15
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffSafe Passage Project
Case DescriptionThe Safe Passage Project submitted FOIA requests to U.S. Customs and Border Protection and U.S. Citizenship and Immigration Services for records concerning the complete current version of CBP Form 93. Safe Passage Project also requested expedited processing and a fee waiver. Both agencies acknowledged receipt of the requests and invoked a 10-day extension. After hearing nothing further from either agency, Safe Passage Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection
DefendantU.S. Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [21]
Opinion/Order [24]
Opinion/Order [26]
Opinion/Order [28]
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-151COMPLAINT against U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection. (Filing Fee $ 402.00, Receipt Number ANYSDC-24402403)Document filed by Safe Passage Project. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F).(Nash, Lindsay) (Entered: 04/15/2021)
2021-04-152CIVIL COVER SHEET filed..(Nash, Lindsay) (Entered: 04/15/2021)
2021-04-153RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Safe Passage Project..(Nash, Lindsay) (Entered: 04/15/2021)
2021-04-154NOTICE OF APPEARANCE by Kristin Macleod-Ball on behalf of Safe Passage Project..(Macleod-Ball, Kristin) (Entered: 04/15/2021)
2021-04-155NOTICE OF APPEARANCE by Trina A. Realmuto on behalf of Safe Passage Project..(Realmuto, Trina) (Entered: 04/15/2021)
2021-04-16CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . .(gp) (Entered: 04/16/2021)
2021-04-16Magistrate Judge Sarah L. Cave 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 . (gp) (Entered: 04/16/2021)
2021-04-16Case Designated ECF. (gp) (Entered: 04/16/2021)
2021-04-166NOTICE OF INITIAL PRETRIAL CONFERENCE: In light of the COVID-19 situation, the Court will conduct the Initial Pretrial Conference ("IPTC") in accordance with Rule 16 of the Federal Rules of Civil Procedure on May 21, 2021 at 11:30 a.m. by teleconference. At the scheduled time, counsel for all parties should call 888- 363-4749, Access code 3121171#, Security code 3288. Counsel should submit their proposed case management plan and joint letter as outlined below. This Court encourages plaintiffs to serve defendants promptly. Plaintiff's counsel, or the defendant's counsel in removed cases, is responsible for distributing copies of this Notice to all parties. And as set forth herein. SO ORDERED. Initial Conference set for 5/21/2021 at 11:30 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/16/2021) (ama) (Entered: 04/16/2021)
2021-04-207FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint,. Document filed by Safe Passage Project..(Nash, Lindsay) Modified on 4/21/2021 (sj). (Entered: 04/20/2021)
2021-04-208FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint. Document filed by Safe Passage Project..(Nash, Lindsay) Modified on 4/21/2021 (sj). (Entered: 04/20/2021)
2021-04-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lindsay Cotten Nash to RE-FILE Document No. 8 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; Defendant as to whom the summons is for must be listed first in the "TO" field. 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. (sj) (Entered: 04/21/2021)
2021-04-229REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint,. Document filed by Safe Passage Project..(Nash, Lindsay) (Entered: 04/22/2021)
2021-04-2210REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint,. Document filed by Safe Passage Project..(Nash, Lindsay) (Entered: 04/22/2021)
2021-04-2311ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services..(pc) (Entered: 04/23/2021)
2021-04-2312ELECTRONIC SUMMONS ISSUED as to U.S. Customs and Border Protection..(pc) (Entered: 04/23/2021)
2021-04-2413FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Derrick James Hensley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24447916. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Passage Project. (Attachments: # 1 Text of Proposed Order Proposed Order on Admission PHV).(Hensley, Derrick) Modified on 4/26/2021 (wb). (Entered: 04/24/2021)
2021-04-26>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Derrick James Hensley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24447916. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): Affidavit is not notarized.;. Re-file the motion as a 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.. (wb) (Entered: 04/26/2021)
2021-04-2614AMENDED MOTION for Derrick James Hensley to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Passage Project. (Attachments: # 1 Text of Proposed Order Proposed Order on Motion on Admission PHV).(Hensley, Derrick) (Entered: 04/26/2021)
2021-04-26>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 AMENDED MOTION for Derrick James Hensley 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. (wb) (Entered: 04/26/2021)
2021-04-2615ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Derrick James Hensley to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 4/26/2021) (vf) (Entered: 04/26/2021)
2021-04-3016MOTION for Frederick Evan Benz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24476108. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Safe Passage Project. (Attachments: # 1 Affidavit Attorney Affidavit, # 2 Proposed Order, # 3 Certificate of Good Standing).(Benz, Frederick) (Entered: 04/30/2021)
2021-04-30>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Frederick Evan Benz to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24476108. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 04/30/2021)
2021-05-0317ORDER FOR ADMISSION PRO HAC VICE granting 16 Motion for Frederick Evan Benz to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 5/3/2021) (vfr) (Entered: 05/03/2021)
2021-05-1118NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection..(Friedman, Rebecca) (Entered: 05/11/2021)
2021-05-1119AFFIDAVIT OF SERVICE (FOIA CASE). U.S. Citizenship and Immigration Services served on 5/4/2021, answer due 6/3/2021; U.S. Customs and Border Protection served on 4/27/2021, answer due 5/27/2021. Service was made by Mail. Document filed by Safe Passage Project..(Nash, Lindsay) (Entered: 05/11/2021)
2021-05-1220JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Kristin Macleod-Ball dated May 12, 2021. Document filed by Safe Passage Project. Return Date set for 5/21/2021 at 11:30 AM..(Macleod-Ball, Kristin) (Entered: 05/12/2021)
2021-05-1221ORDER granting 20 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to June 25, 2021 at 10:00 a.m. The parties' joint submission is due by June 17, 2021. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171 and the security code 3288. (Initial Conference set for 6/25/2021 at 10:00 AM before Judge Valerie E. Caproni.) (Signed by Judge Valerie E. Caproni on 5/12/2021) (rro) (Entered: 05/12/2021)
2021-05-2722ANSWER to 1 Complaint,. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection..(Friedman, Rebecca) (Entered: 05/27/2021)
2021-06-1623JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Rebecca R. Friedman dated June 16, 2021. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection..(Friedman, Rebecca) (Entered: 06/16/2021)
2021-06-1624ORDER: granting 23 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to August 6, 2021 at 10:00 a.m. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171 and the security code 3288. The parties' joint submission is due by July 29, 2021. SO ORDERED. Initial Conference set for 8/6/2021 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 6/16/2021) (ama) (Entered: 06/16/2021)
2021-07-2825JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Kristin Macleod-Ball dated July 28, 2021. Document filed by Safe Passage Project..(Macleod-Ball, Kristin) (Entered: 07/28/2021)
2021-07-2826ORDER: granting 25 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to August 27, 2021 at 10:00 a.m. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171 and the security code 3288. The parties' joint submission is due by August 19, 2021. SO ORDERED. Initial Conference set for 8/27/2021 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 7/28/2021) (ama) (Entered: 07/28/2021)
2021-08-1827JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Rebecca R. Friedman dated August 18, 2021. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection..(Friedman, Rebecca) (Entered: 08/18/2021)
2021-08-1828ORDER granting 27 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned to September 24, 2021 at 10:00 a.m. The parties must appear for the conference by dialing 888-363-4749, using the access code 3121171 and the security code 3288. The parties' joint submission is due by September 17, 2021. Initial Conference set for 9/24/2021 at 10:00 AM before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 8/18/2021) (ate) (Entered: 08/18/2021)
2021-09-1729JOINT LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Kristin Macleod-Ball dated September 17, 2021. Document filed by Safe Passage Project..(Macleod-Ball, Kristin) (Entered: 09/17/2021)
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