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Case Title Reclaim the Records et al v. United States Citizenship and Immigration Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv06397
Date Filed2021-07-27
Date ClosedOpen
JudgeJudge Mary Kay Vyskocil
PlaintiffReclaim the Records
PlaintiffAlec Ferretti
Case DescriptionReclaim the Records submitted seven FOIA requests to U.S. Citizenship and Immigration Services for records concerning named individuals who were deceased and died more than 100 years ago. The agency acknowledged receipt of the requests. The agency closed the requests, arguing that Reclaim the Records was required to provided third-party authorization. Reclaim the Records responded by arguing that such authorization was not required for such individuals. Reclaim the Records filed an administrative appeal. USCIS then denied access to records concerning four of the individuals and told Reclaim the Records that to the extent those records were public they would be available under the USCIS Genealogical Program through the National Records Center. Reclaim the Records then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States 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
Complaint attachment 7
Complaint attachment 8
Opinion/Order [10]
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-271COMPLAINT against UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. (Filing Fee $ 402.00, Receipt Number ANYSDC-24849481)Document filed by RECLAIM THE RECORDS, ALEC FERRETTI. (Attachments: # 1 Exhibit 1 - Oct 20 USCIS FOIA Request for Lawsuit, # 2 Exhibit 2 - Oct 30 USCIS Denials for Lawsuit, # 3 Exhibit 3 - Nov 17 USCIS Letter to confirm denial, # 4 Exhibit 4 - Dec 19 Gmail - Response lost in the mail, # 5 Exhibit 5 - Dec 21 Gmail - Response lost in the mail, # 6 Exhibit 6 - Dec 2 Genealogy Program FOIA Denial, # 7 Exhibit 7 - Jan 15 USCIS RTR Appeal, # 8 Exhibit 8 - Feb 2 USCIS Genealogy Program Appeal Denials).(Rankin, David) (Entered: 07/27/2021)
2021-07-272CIVIL COVER SHEET filed..(Rankin, David) (Entered: 07/27/2021)
2021-07-273REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES, re: 1 Complaint,,. Document filed by ALEC FERRETTI, RECLAIM THE RECORDS..(Rankin, David) (Entered: 07/27/2021)
2021-07-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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 . .(pc) (Entered: 07/28/2021)
2021-07-28Magistrate Judge Robert W. Lehrburger 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 . (pc) (Entered: 07/28/2021)
2021-07-28Case Designated ECF. (pc) (Entered: 07/28/2021)
2021-07-28***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Bruce Rankin. The party information for the following party/parties has been modified: RECLAIM THE RECORDS, ALEC FERRETTI, UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) (Entered: 07/28/2021)
2021-07-284ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services..(pc) (Entered: 07/28/2021)
2021-08-025SUMMONS RETURNED EXECUTED. United States Citizenship and Immigration Services served on 8/2/2021, answer due 8/23/2021. Service was made by mail. Document filed by Reclaim the Records; Alec Ferretti..(Rankin, David) (Entered: 08/02/2021)
2021-09-076ANSWER to 1 Complaint,,. Document filed by United States Citizenship and Immigration Services..(Hogan, Alexander) (Entered: 09/07/2021)
2021-09-077NOTICE OF APPEARANCE by Katherine Adams on behalf of Alec Ferretti, Reclaim the Records..(Adams, Katherine) (Entered: 09/07/2021)
2021-09-088NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court directs counsel for all parties to appear at an Initial Pretrial Conference on November 2, 2021, at 10:00 AM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. Initial Conference set for 11/2/2021 at 10:00 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 9/8/2021) (va) (Entered: 09/08/2021)
2021-10-259LETTER MOTION to Adjourn Conference and corresponding letter due on October 26 addressed to Judge Mary Kay Vyskocil from Alexander J. Hogan dated October 25, 2021. Document filed by United States Citizenship and Immigration Services..(Hogan, Alexander) (Entered: 10/25/2021)
2021-10-2610ORDER granting 9 Letter Motion to Adjourn Conference. GRANTED. The initial pretrial conference set for November 2, 2021 at 10:00 AM is ADJOURNED to December 2, 2021 at 11:30 AM. On or before November 25, 2021, Counsel are further directed to submit a Proposed Case Management Plan and Scheduling Order and joint letter, as required by this Courts Individual Rules of Practice in accordance with the Notice of Initial Pretrial Conference filed on September 8, 2021. [ECF No. 8]. SO ORDERED. Initial Conference set for 12/2/2021 at 11:30 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 10/26/2021) (tg) (Entered: 10/26/2021)
2021-11-2311LETTER MOTION to Adjourn Conference currently scheduled for December 2, 2021 addressed to Judge Mary Kay Vyskocil from Alexander J. Hogan dated November 23, 2021. Document filed by United States Citizenship and Immigration Services..(Hogan, Alexander) (Entered: 11/23/2021)
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by FOIA Project Staff
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