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Case TitleFirst Look Institute, Inc. et al v. U.S. Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv07052
Date Filed2021-08-20
Date ClosedOpen
JudgeJudge Analisa Torres
PlaintiffFirst Look Institute, Inc.
PlaintiffTravis Mannon
Case DescriptionTravis Manson, a video producer for the Intercept, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning video and audio recordings of the forced feeding of former detainee Ajay Kumar at the El Paso Service Processing Center in 2019. Manson provided a Privacy Act waiver from Kumar. The agency acknowledged receipt of the request but told Manson that it found no records. Manson filed an administrative appeal but after hearing nothing further from the agency, First Look Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Choice of format, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
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 [6]
Opinion/Order [7]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-201COMPLAINT against U.S. Immigration and Customs Enforcement. (Filing Fee $ 402.00, Receipt Number ANYSDC-24963829)Document filed by First Look Institute, Inc., Travis Mannon. (Attachments: # 1 Exhibit A - Jan. 14, 2020 FOIA Request, # 2 Exhibit B - Feb. 24, 2020 FOIA Denial, # 3 Exhibit C - FLI's Administrative Appeal, # 4 Exhibit D - ICE's Response to the Administrative Appeal, # 5 Exhibit E - Declaration of [Redacted] in In re Kumar, Case 3:19-mc-00205-FM, # 6 Exhibit F - Section 2.15 of Performance-Based National Detention Standards, # 7 Exhibit G - In re Kumar, Em. Mo. Hearing Transcript (Aug. 19, 2019), # 8 Exhibit H - June 25, 2021 Email).(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-202CIVIL COVER SHEET filed..(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-203RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Look Institute, Inc...(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-204REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by First Look Institute, Inc., Travis Mannon..(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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 . .(vf) (Entered: 08/23/2021)
2021-08-23Magistrate 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 . (vf) (Entered: 08/23/2021)
2021-08-23Case Designated ECF. (vf) (Entered: 08/23/2021)
2021-08-235ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (vf) (Entered: 08/23/2021)
2021-08-256ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr) (Entered: 08/25/2021)
2021-08-257ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr) (Entered: 08/25/2021)
2021-08-258INITIAL PRETRIAL SCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by October 19, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr) (Entered: 08/25/2021)
2021-09-099CERTIFICATE OF SERVICE of Summons and Complaint,,. U.S. Immigration and Customs Enforcement served on 8/27/2021, answer due 9/17/2021. Service was accepted by Derick Mayers, Authorized Clerk. Document filed by First Look Institute, Inc.; Travis Mannon..(Greenberger, Debra) (Entered: 09/09/2021)
2021-09-0910CERTIFICATE OF SERVICE of Summons and Complaint,,. U.S. Immigration and Customs Enforcement served on 9/8/2021, answer due 9/29/2021. Service was made by Certified Mail. Document filed by First Look Institute, Inc.; Travis Mannon..(Greenberger, Debra) (Entered: 09/09/2021)
2021-09-2111LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from AUSA Allison Rovner dated September 21, 2021. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 09/21/2021)
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by FOIA Project Staff
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