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Case TitleAmerican Civil Liberties Union et al v. United States Customs and Border Protection et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv10430
Date Filed2021-12-07
Date ClosedOpen
JudgeJudge Edgardo Ramos
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted FOIA requests to agencies in the Department of Homeland Security, the Department of Justice, and the Department of Transportation for records concerning 37 specific aircraft used for aerial surveillance. The ACLU also requested a fee waiver. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
DefendantUnited States Drug Enforcement Administration
DefendantUnited States Department of Homeland Security
DefendantUnited States Department of Justice
DefendantFederal Aviation Administration
DefendantFederal Bureau Of Investigation
DefendantFederal Protective Service
DefendantUnited States Marshals Service
DefendantUnited States Secret Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-071COMPLAINT against Federal Aviation Administration, Federal Bureau Of Investigation, Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Drug Enforcement Administration, United States Marshals Service, United States Secret Service. (Filing Fee $ 402.00, Receipt Number ANYSDC-25433549)Document filed by ACLU Foundation, ACLU. (Attachments: # 1 Exhibit, # 2 Exhibit).(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-072CIVIL COVER SHEET filed..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-073RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-074REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,,. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-075FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Drug Enforcement Administration, re: 1 Complaint. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) Modified on 12/8/2021 (sj). (Entered: 12/07/2021)
2021-12-076FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) Modified on 12/8/2021 (sj). (Entered: 12/07/2021)
2021-12-077FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) Modified on 12/8/2021 (sj). (Entered: 12/07/2021)
2021-12-078REQUEST FOR ISSUANCE OF SUMMONS as to Federal Aviation Administration, re: 1 Complaint,,. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-079REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,,. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-0710REQUEST FOR ISSUANCE OF SUMMONS as to Federal Protective Service, re: 1 Complaint,,. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-0711REQUEST FOR ISSUANCE OF SUMMONS as to United States Marshals Service, re: 1 Complaint,,. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-0712REQUEST FOR ISSUANCE OF SUMMONS as to United States Secret Service, re: 1 Complaint,,. Document filed by ACLU, ACLU Foundation..(Tewari, Shreya) (Entered: 12/07/2021)
2021-12-08***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Shreya Tewari. The party information for the following party/parties has been modified: American Civil Liberties Union, American Civil Liberties Union Foundation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) (Entered: 12/08/2021)
2021-12-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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 . .(sj) (Entered: 12/08/2021)
2021-12-08Magistrate Judge Katharine H. Parker 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 . (sj) (Entered: 12/08/2021)
2021-12-08Case Designated ECF. (sj) (Entered: 12/08/2021)
2021-12-0813ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection..(sj) (Entered: 12/08/2021)
2021-12-0814ELECTRONIC SUMMONS ISSUED as to United States Marshals Service. (sj) (Entered: 12/08/2021)
2021-12-0815ELECTRONIC SUMMONS ISSUED as to Federal Aviation Administration..(sj) (Entered: 12/08/2021)
2021-12-0816ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (sj) (Entered: 12/08/2021)
2021-12-0817ELECTRONIC SUMMONS ISSUED as to Federal Protective Service..(sj) (Entered: 12/08/2021)
2021-12-0818ELECTRONIC SUMMONS ISSUED as to United States Secret Service..(sj) (Entered: 12/08/2021)
2021-12-08***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shreya Tewari to RE-FILE Document No. 7 Request for Issuance of Summons, 5 Request for Issuance of Summons, 6 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; Party name must match exactly on PDF as it appears in pleading caption. 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: 12/08/2021)
2021-12-0819FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Drug Enforcement Administration, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) Modified on 12/9/2021 (pc). (Entered: 12/08/2021)
2021-12-0820FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) Modified on 12/9/2021 (pc). (Entered: 12/08/2021)
2021-12-0821FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Department of Justice, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) Modified on 12/9/2021 (pc). (Entered: 12/08/2021)
2021-12-0822NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Kaufman, Brett) (Entered: 12/08/2021)
2021-12-09***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Shreya Tewari to RE-FILE Document No. 21 Request for Issuance of Amended Summons, 19 Request for Issuance of Amended Summons, 20 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. 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. (pc) (Entered: 12/09/2021)
2021-12-0923NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Hodgson, Robert) (Entered: 12/09/2021)
2021-12-0924REQUEST FOR ISSUANCE OF SUMMONS as to United States Drug Enforcement Administration, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) (Entered: 12/09/2021)
2021-12-0925REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) (Entered: 12/09/2021)
2021-12-0926REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) (Entered: 12/09/2021)
2021-12-0927REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Marshals Service, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) (Entered: 12/09/2021)
2021-12-1028ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(jgo) (Entered: 12/10/2021)
2021-12-1029ELECTRONIC SUMMONS ISSUED as to United States Department of Justice..(jgo) (Entered: 12/10/2021)
2021-12-1030ELECTRONIC SUMMONS ISSUED as to United States Drug Enforcement Administration..(jgo) (Entered: 12/10/2021)
2021-12-1031ELECTRONIC AMENDED SUMMONS ISSUED as to United States Marshals Service..(jgo) (Entered: 12/10/2021)
2022-01-0332REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Federal Protective Service, re: 1 Complaint,,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Tewari, Shreya) (Entered: 01/03/2022)
2022-01-0433ELECTRONIC AMENDED SUMMONS ISSUED as to Federal Protective Service. (vf) (Entered: 01/04/2022)
2022-01-1034NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Federal Aviation Administration, Federal Bureau Of Investigation, Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Drug Enforcement Administration, United States Marshals Service, United States Secret Service..(Issacharoff, Lucas) (Entered: 01/10/2022)
2022-01-1035NOTICE OF APPEARANCE by Jean-David Barnea on behalf of Federal Aviation Administration, Federal Bureau Of Investigation, Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Drug Enforcement Administration, United States Marshals Service, United States Secret Service..(Barnea, Jean-David) (Entered: 01/10/2022)
2022-01-1136SUMMONS RETURNED EXECUTED (FOIA CASE). United States Customs and Border Protection served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1137SUMMONS RETURNED EXECUTED (FOIA CASE). United States Drug Enforcement Administration served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1138SUMMONS RETURNED EXECUTED (FOIA CASE). United States Department of Homeland Security served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1139SUMMONS RETURNED EXECUTED (FOIA CASE). United States Department of Justice served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1140SUMMONS RETURNED EXECUTED (FOIA CASE). Federal Aviation Administration served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1141SUMMONS RETURNED EXECUTED (FOIA CASE). Federal Bureau Of Investigation served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1142SUMMONS RETURNED EXECUTED (FOIA CASE). Federal Protective Service served on 1/6/2022, answer due 2/7/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1143SUMMONS RETURNED EXECUTED (FOIA CASE). United States Marshals Service served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-1144SUMMONS RETURNED EXECUTED (FOIA CASE). United States Secret Service served on 12/29/2021, answer due 1/28/2022. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Tewari, Shreya) (Entered: 01/11/2022)
2022-01-2045LETTER MOTION for Extension of Time to File Answer re: 1 Complaint,, addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 1/20/22. Document filed by Federal Aviation Administration, Federal Bureau Of Investigation, Federal Protective Service, United States Customs and Border Protection, United States Department of Homeland Security, United States Department of Justice, United States Drug Enforcement Administration, United States Marshals Service, United States Secret Service..(Barnea, Jean-David) (Entered: 01/20/2022)
2022-01-2046ORDER granting 45 Letter Motion for Extension of Time to Answer 1 Complaint addressed to Judge Edgardo Ramos from AUSA Jean-David Barnea dated 1/20/22. Defendants' request for an extension of time to February 28, 2022 to respond to the complaint is granted. It is SO ORDERED. 1 Complaint. Federal Aviation Administration answer due 2/28/2022; Federal Bureau Of Investigation answer due 2/28/2022; Federal Protective Service answer due 2/28/2022; United States Customs and Border Protection answer due 2/28/2022; United States Department of Homeland Security answer due 2/28/2022; United States Department of Justice answer due 2/28/2022; United States Drug Enforcement Administration answer due 2/28/2022; United States Marshals Service answer due 2/28/2022; United States Secret Service answer due 2/28/2022. (Signed by Judge Edgardo Ramos on 1/20/2022) (vfr) (Entered: 01/20/2022)
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