Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Brennan Center for Justice and the Protect Democracy Project are not entitled to expedited processing for their FOIA requests to the Department of Justice, the Department of Homeland Security, OMB, and the General Services Administration for records concerning the work of the Presidential Advisory Commission on Election Integrity, which has since been disbanded, because they cannot show irreparable harm if the agencies fail to process their requests more quickly. The organizations argued that the Department of Homeland Security might issue a report based on the commission records as early as May 2018. But the court found that potential harm too speculative, noting that "it is of course possible that DHS and/or the White House will issue some sort of report along the lines of the Commission's original mandate this summer, but that is completely speculative at this point. Plaintiffs have failed to demonstrate by a preponderance of the evidence that there is an 'actual and imminent' threat of irreparable harm if DHS does not complete the requested production by July 2018."
Issues: Expedited processing - Compelling Need

FOIA Project Annotation: A federal court in New York has ruled that the Department of Homeland Security and OMB have not shown that they conducted adequate searches for records requested by the Brennan Center for Justice concerning the voter integrity commission created and then disbanded by President Trump, particularly compared to the search conducted by the Department of Justice, and, further, that because two DOJ employees used their personal email accounts to discuss issues pertaining to the commission, the agency must conduct a further search of personal email accounts. The Brennan Center sent eight requests to DHS, DOJ, OMB, and the General Services Administration for records pertaining to the commission's goals and activities. DOJ conducted keyword searches broadly describing the commission's goals while OMB and DHS limited their searches to keywords describing the commission itself. DOJ concluded that while two employees had used personal email accounts both employees had provided copies of any such emails. GSA, by contrast, told the Brennan Center that since its policy was to require employees to conduct public business using their government email accounts they would not search for emails that might have originated on personal email accounts. Judge Alvin Hellerstein agreed with the Brennan Center that the agencies' searches had fallen short. He noted that "the contrast between the overly narrow search terms used by DHS and OMB, and those employed by the other agencies responding to essentially the same requests, is marked, and make clear the unreasonableness of DHS' and OMB's approach. DHS and OMB fail to explain why terms as obvious as those employed by sister agencies were not used. With blinkers on, the world can't fully be seen." While both DOJ attorneys had forwarded their personal emails to the agency, it took one of them 80 days to do so. Hellerstein observed that "evidence of a record on a personal account is sufficient to raise a question of compliance with recordkeeping obligations, rendering the presumption of compliance inapplicable." He pointed out that "in an environment of widespread use of personal devices for official work, there is danger of an incentive to shunt critical and sensitive communication away from official channels and out of public scrutiny, with decisions to forward the communications to official repositories postponable at the whim of the public official. The practice is inconsistent with 'the citizen's right to be informed about what their government is up to,' the very purpose of FOIA." The agencies reflexively argued that searching personal email accounts would be too burdensome because it would involve hundreds or thousands of email accounts. Hellerstein rejected the claim, noting that "this is not the case, and is not what Plaintiffs seek. Plaintiffs' requests are limited to two people, plus requests by the records custodians to relevant persons in their departments to search for, and forward, responsive private communications on matters relating to the Commission's business. Plaintiffs' requests are reasonable and are not barred by presumptions."
Issues: Agency Record - Constructive possession, Search - Reasonableness of search

FOIA Project Annotation: A federal court in New York has declined to reconsider its earlier decision requiring the Department of Justice to conduct a further search for personal emails used by participants in the since-abandoned voter integrity commission. District Court Judge Alvin Hellerstein had previously ruled that the fact that two participants at DOJ had been late in searching for personal emails suggested that the agency's search was insufficient. In its motion for reconsideration, DOJ argued that the disputed emails reflected personal communications rather than the conduct of agency business. Hellerstein rejected that notion, pointing out that "the emails, which concern voting integrity, and which were received and created by [agency] employees who enforce voting laws, 'reflect substance related to, and therefore shed light on' the conduct of their official duties."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2017-08-21	1	COMPLAINT against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14038061)Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-21	2	CIVIL COVER SHEET filed. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-21	3	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-21	4	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-21	5	REQUEST FOR ISSUANCE OF SUMMONS as to Office of Management and Budget, re: 1 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 08/21/2017)
2017-08-22	6	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (rch) (Entered: 08/22/2017)
2017-08-22	7	ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (rch) (Entered: 08/22/2017)
2017-08-22	8	ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget. (rch) (Entered: 08/22/2017)
2017-08-22		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine B. Forrest. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (rch) (Entered: 08/22/2017)
2017-08-22		Magistrate Judge Debra C. Freeman 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: http://nysd.uscourts.gov/forms.php . (rch) (Entered: 08/22/2017)
2017-08-22		Case Designated ECF. (rch) (Entered: 08/22/2017)
2017-09-06	9	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Department of Homeland Security served on 8/28/2017, answer due 9/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/06/2017)
2017-09-06	10	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Department of Justice served on 8/28/2017, answer due 9/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/06/2017)
2017-09-06	11	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Office of Management and Budget served on 8/28/2017, answer due 9/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/06/2017)
2017-09-11	12	AMENDED COMPLAINT amending 1 Complaint, against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. Related document: 1 Complaint,.(Creelan, Jeremy) (Entered: 09/11/2017)
2017-09-11	13	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. General Services Administration, re: 12 Amended Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 09/11/2017)
2017-09-12	14	ELECTRONIC SUMMONS ISSUED as to U.S. General Services Administration. (pc) (Entered: 09/12/2017)
2017-09-13	15	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Office of Management and Budget served on 9/8/2017, answer due 10/10/2017; U.S. Department of Homeland Security served on 9/8/2017, answer due 10/10/2017; U.S. Department of Justice served on 9/8/2017, answer due 10/10/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summonses)(Creelan, Jeremy) (Entered: 09/13/2017)
2017-09-15	16	ORDER: Accordingly, the Court hereby directs the parties to confer and file a joint letter proposing a briefing schedule in this matter. The joint letter shall be filed by the parties not later than Friday, September 29, 2017. Additionally, it is hereby ORDERED that lead counsel for all parties shall appear for an initial pretrial conference ("IPTC") on Wednesday October 4, 2017 at 1:00 pm. All counsel in receipt of this order shall notify all other parties (or, if order and with a copy of the Courts Individual Practices in Civil Cases. Counsel shall file proof of such service with the Court. Requests for adjournments shall be submitted at least two business days prior to the IPTC.known, their attorneys) of the IPTC by serving each of them with a copy of this Initial Conference set for 10/4/2017 at 1:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 9/15/2017) (js) (Entered: 09/15/2017)
2017-09-19	17	CERTIFICATE OF SERVICE of this Court's Order, dated September 15, 2017; this Court's Individual Practices in Civil Cases served on AUSA Casey Kyung-Se Lee on September 18, 2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 09/19/2017)
2017-09-20	18	NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration. (Lee, Casey) (Entered: 09/20/2017)
2017-09-27	19	SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Amended Complaint, served. U.S. General Services Administration served on 9/27/2017, answer due 10/27/2017. Service was made by CERTIFIED MAIL. Document filed by Brennan Center for Justice; The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit A - Executed Summons)(Creelan, Jeremy) (Entered: 09/27/2017)
2017-09-27	20	LETTER MOTION for Extension of Time to File a joint letter regarding a briefing schedule from September 29, 2017 to November 15, 2017, and to grant an adjournment of the initial pre-trial conference, currently scheduled for October 4, 2017 addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated September 27, 2017. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 09/27/2017)
2017-09-29	21	ORDER granting 20 LETTER MOTION for Extension of Time to File a joint letter regarding a briefing schedule from September 29, 2017 to November 15, 2017, and to grant an adjournment of the initial pre-trial conference, currently scheduled for October 4, 2017 addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated September 27, 2017. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc. Ordered. Application granted. IPTC rescheduled to 11/17/17 at 12:30 pm. (Signed by Judge Katherine B. Forrest on 9/29/2017) (rjm) (Entered: 09/29/2017)
2017-09-29		Set/Reset Hearings: Initial Conference set for 11/17/2017 at 12:30 PM before Judge Katherine B. Forrest. (rjm) (Entered: 09/29/2017)
2017-10-11	22	ANSWER to 12 Amended Complaint,. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 10/11/2017)
2017-11-08	23	ORDER:: With apologies, the Court must reschedule the initial pretrial conference("IPTC") currently scheduled for Friday, November 17, 2017 at 12:30 p.m. The IPTC will now be held on Tuesday, November 21, 2017 at 1:00 p.m. The parties shall comply with all other instructions as set forth in the Court's September 29, 2017 Order. (ECF No. 21.) Initial Conference set for 11/21/2017 at 01:00 PM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 11/8/2017) (js) (Entered: 11/08/2017)
2017-11-15	24	JOINT LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated November 15, 2017 re: a proposed briefing schedule. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 11/15/2017)
2017-11-20	25	LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated November 20, 2017 re: Plaintiffs' position concerning a reasonable production schedule for responsive FOIA records in advance of the November 21, 2017 scheduling conference. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 11/20/2017)
2017-11-21	26	LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated November 21, 2017 re: Plaintiffs' Proposed Production Schedule. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 11/21/2017)
2017-11-21		Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 11/21/2017. (jp) (Entered: 11/21/2017)
2017-11-27	27	TRANSCRIPT of Proceedings re: CONFERENCE held on 11/21/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/18/2017. Redacted Transcript Deadline set for 12/28/2017. Release of Transcript Restriction set for 2/26/2018.(McGuirk, Kelly) (Entered: 11/27/2017)
2017-11-27	28	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 11/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/27/2017)
2017-11-29	29	TRANSCRIPT of Proceedings re: CONFERENCE held on 11/21/2017 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Steven Greenblum, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/20/2017. Redacted Transcript Deadline set for 1/2/2018. Release of Transcript Restriction set for 2/27/2018.(McGuirk, Kelly) (Entered: 11/29/2017)
2017-11-29	30	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/29/2017)
2017-12-04	31	LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated December 4, 2017 re: Defendants' FOIA Productions. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 12/04/2017)
2017-12-05	32	MEMO ENDORSED on re: 31 Letter, filed by U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, Office of Management and Budget. ENDORSEMENT: This letter is very helpful it explains certain FOIA issues with which the Court was unfamiliar. Plaintiff's should respond to the instant letter as discussed at the conference (by 12/7/2017). (Signed by Judge Katherine B. Forrest on 12/5/2017) (js) (Entered: 12/05/2017)
2017-12-07	33	LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated December 7, 2017 re: a response to the Government's December 4, 2017 letter to the Court (Dkt. No. 31). Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 12/07/2017)
2017-12-12	34	MEMO ENDORSEMENT on re: 33 Letter, filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: Ordered. If plaintiffs have set forth the arguments they intend to rely on herein, I see no reason for more "formal" briefing. Defendants shall confer with plaintiffs and if Plaintiffs are content to rely on these papers, then defendants shall respond by December 22, 2017. If plaintiffs would prefer formal briefing, the schedule above is fine. Let the Court Know which process you select.( Motions due by 12/22/2017. Responses due by 1/12/2018, Replies due by 1/19/2018.) (Signed by Judge Katherine B. Forrest on 12/12/2017) (js) (Entered: 12/12/2017)
2017-12-14	35	LETTER MOTION for Leave to File Reply addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated December 14, 2017. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 12/14/2017)
2017-12-15	36	ORDER granting 35 Letter Motion for Leave to File Document. Ordered you can file a reply on 12/29/2017. So Ordered. (Signed by Judge Katherine B. Forrest on 12/15/2017) (js) (Entered: 12/15/2017)
2017-12-15		Set/Reset Deadlines: Replies due by 12/29/2017. (js) (Entered: 12/15/2017)
2017-12-22	37	LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated December 22, 2017 re: Reply to Plaintiffs' December 7, 2017, Response Letter. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration. (Attachments: # 1 Exhibit Declaration of Vanessa R. Brinkmann, # 2 Exhibit Declaration of Paul P. Colborn, # 3 Exhibit Declaration of James V.M.L. Holzer)(Lee, Casey) (Entered: 12/22/2017)
2017-12-29	38	LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated December 29, 2017 re: Response to Defendants December 22, 2017 Letter to the Court. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 12/29/2017)
2018-01-03	39	LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated January 3, 2018 re: Disbandment of the Presidential Advisory Commission on Election Integrity. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 01/03/2018)
2018-01-10	40	LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated January 10, 2018 re: Plaintiffs' preliminary injunction motion, and Defendant's completion of document production. Document filed by Brennan Center for Justice.(Creelan, Jeremy) (Entered: 01/10/2018)
2018-01-12	41	LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated January 12, 2018 re: Plaintiffs' January 10, 2018 Letter. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration.(Lee, Casey) (Entered: 01/12/2018)
2018-01-31	42	OPINION & ORDER: For the reasons stated above, the Court concludes that preliminary relief is not warranted in this case. Accordingly, plaintiffs' motion for a preliminary injunction requiring DHS to produce all responsive documents not later than February 28, 2018 is DENIED. The Clerk of Court is directed to close all currently open motions. SO ORDERED. (Signed by Judge Katherine B. Forrest on 1/31/2018) (mml) (Entered: 01/31/2018)
2018-02-08	43	ORDER: By Opinion & Order dated January 31, 2018, this Court denied plaintiffs' request for a preliminary injunction requiring the Department of Homeland Security ("DHS") to complete its disclosure not later than February 28, 2018. (ECF No. 42.) Given that plaintiffs have consented to defendants' proposed timelines for the remaining five agencies at issue (ECF No. 33 at 1-2; ECF No. 40), the Court believes that no further relief is warranted and that this action should be dismissed as moot. Plaintiffs are directed to inform the Court not later than Wednesday, February 14, 2018 if they disagree with that assessment. (Signed by Judge Katherine B. Forrest on 2/7/2018) (js) (Entered: 02/08/2018)
2018-02-09	44	LETTER addressed to Judge Katherine B. Forrest from Jeremy M. Creelan dated February 9, 2018 re: Response to the Court's February 8, 2018 Order, Dkt. No. 43 . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 02/09/2018)
2018-02-13	45	ORDER: In light of the plaintiffs' letter at ECF No. 44 (and the apparent agreement of both parties), the Court is persuaded that this action is not moot at this time. The parties are hereby directed to file a joint letter regarding the status of this litigation not later than Monday, August 13, 2018. If any disputes should arise prior to that date that require the Court's attention, the parties are free to write the Court at that time. SO ORDERED. (Signed by Judge Katherine B. Forrest on 2/13/2018) (mml) (Entered: 02/13/2018)
2018-04-12	46	MOTION for Leave to File Supplemental Complaint . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 04/12/2018)
2018-04-12	47	NOTICE OF APPEARANCE by Carl Nicholas Wedoff on behalf of Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 04/12/2018)
2018-04-12	48	DECLARATION of Carl N. Wedoff in Support re: 46 MOTION for Leave to File Supplemental Complaint .. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit 1 - Amended Complaint, # 2 Exhibit 2 - Supplemental Complaint)(Wedoff, Carl) (Entered: 04/12/2018)
2018-05-02	49	ORDER granting 46 Letter Motion for Leave to File Document. The Court is in receipt of plaintiffs' motion for leave to file a supplemental complaint. (ECF No. 46.) That motion is hereby GRANTED as unopposed. Plaintiffs are directed to file the supplemental complaint as its own individual document on the public docket. Defendants are directed to answer/respond in accordance with the applicable Local Rules. The Clerk of Court is directed to close the open motion at ECF No. 46. So Ordered. (Signed by Judge Katherine B. Forrest on 5/2/2018) (js) (Entered: 05/02/2018)
2018-05-03	50	COMPLAINT against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 05/03/2018)
2018-05-03		***STRICKEN DOCUMENT. Deleted document number 50 from the case record. The document was stricken from this case pursuant to 52 Order on Motion for Leave to File Document. (js) (Entered: 05/07/2018)
2018-05-04	51	LETTER MOTION for Leave to File /Re-file Plaintiffs' Supplemental Complaint with Corrected Caption and Date addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated May 4, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 05/04/2018)
2018-05-07	52	ORDER granting 51 Letter Motion for Leave to File Document. So Ordered. (Signed by Judge Katherine B. Forrest on 5/7/2018) (js) (Entered: 05/07/2018)
2018-05-07		Transmission to the Case Openings Clerk. Transmitted re: 52 Order on Motion for Leave to File Document, to the Case Openings Clerk for case processing. (js) (Entered: 05/07/2018)
2018-05-07	53	COMPLAINT against Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 05/07/2018)
2018-05-07	54	REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Social Security Administration, re: 53 Complaint,. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 05/07/2018)
2018-05-10	55	ELECTRONIC SUMMONS ISSUED as to U.S. Social Security Administration. (pc) (Entered: 05/10/2018)
2018-06-01	56	NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of U.S. Social Security Administration. (Lee, Casey) (Entered: 06/01/2018)
2018-06-08	57	LETTER addressed to Judge Katherine B. Forrest from Casey K. Lee dated June 8, 2018 re: U.S. Dep't of Homeland Security FOIA Statistics. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit Holzer Supplemental Declaration)(Lee, Casey) (Entered: 06/08/2018)
2018-06-13	58	ANSWER to 53 Complaint,. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 06/13/2018)
2018-06-15	59	ORDER: The Court is in receipt of the supplemental complaint in this matter (ECF No. 53), as well as the supplemental answer (ECF No. 58). The parties are directed to file a joint letter not later than Friday, June 22, 2018, informing the Court whether they believe this matter is appropriately resolved on the papers. If so, the letter should include a proposed briefing schedule. (Signed by Judge Katherine B. Forrest on 6/15/2018) (mro) (Entered: 06/18/2018)
2018-06-22	60	LETTER MOTION for Extension of Time to Submit a Briefing Schedule to August 15, 2018 addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated June 22, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 06/22/2018)
2018-06-25	61	ORDER granting 60 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Katherine B. Forrest on 6/25/2018) (rro) (Entered: 06/25/2018)
2018-08-13	62	LETTER MOTION for Extension of Time to Submit a Briefing Schedule to September 7, 2018 addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated August 13, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 08/13/2018)
2018-08-14	63	ORDER granting 62 Letter Motion for Extension of Time. So Ordered. (Signed by Judge Katherine B. Forrest on 8/14/2018) (js) (Entered: 08/14/2018)
2018-08-20	64	ORDER: The parties are hereby directed to appear for a telephonic status conference on Thursday, October 4, 2018, at 2:00 p.m. The parties shall provide Chambers with a call-in number ahead of the conference, unless the Court orders otherwise. So Ordered ( Telephone Conference set for 10/4/2018 at 02:00 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 8/20/2018) (js) (Entered: 08/20/2018)
2018-09-07	65	LETTER addressed to Judge Katherine B. Forrest from Carl N. Wedoff dated September 7, 2018 re: a proposal of the summary judgment briefing schedule. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 09/07/2018)
2018-09-11	66	MEMO ENDORSEMENT on re: 65 Letter filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: So ordered. (Motions due by 11/30/2018, Responses due by 1/4/2019, Replies due by 1/18/2019.) (Signed by Judge Katherine B. Forrest on 9/11/2018) (ne) (Entered: 09/11/2018)
2018-09-20		NOTICE OF CASE REASSIGNMENT to Judge Alison J. Nathan. Judge Katherine B. Forrest is no longer assigned to the case. (sjo) (Entered: 09/20/2018)
2018-09-26		NOTICE OF CASE REASSIGNMENT to Judge Alvin K. Hellerstein. Judge Alison J. Nathan is no longer assigned to the case. (sjo) (Entered: 09/26/2018)
2018-10-02	67	LETTER MOTION to Adjourn Conference /Cancel Telephonic Conference, currently scheduled for October 4, 2018 at 2:00 p.m., or adjourn it to a later date addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated October 2, 2018. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 10/02/2018)
2018-10-02	68	ORDER granting in part and denying in part 67 Letter Motion to Adjourn Conference. The request by all parties to adjourn the telephone conference scheduled for October 4 is granted. Counsel will meet with me for a status conference to be held October 12, 2018, 10:00 a.m., courtroom 14D. (HEREBY ORDERED by Judge Alvin K. Hellerstein)(Text Only Order) (Hellerstein, Alvin) (Entered: 10/02/2018)
2018-10-02	69	NOTICE OF APPEARANCE by Katherine Anne Rosoff on behalf of Brennan Center for Justice, The Protect Democracy Project, Inc.. (Rosoff, Katherine) (Entered: 10/02/2018)
2018-10-12	70	SCHEDULING ORDER: On October 12, 2018, the Court held an off-the-record status conference. The Plaintiffs shall file any motions on document production issues by October 19, 2018. Defendants shall file any opposition by October 26, 2018, and Plaintiffs shall file any reply by October 31, 2018. Oral argument shall be held on November 8, 2018, at 11 a.m. The September 11, 2018 briefing schedule for motions for summary judgment, ECF 66, is rescinded. A new schedule for motions for summary judgment will await rulings on Plaintiffs' document production motions. SO ORDERED. (Motions due by 10/19/2018. Responses due by 10/26/2018. Replies due by 10/31/2018. Oral Argument set for 11/8/2018 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/12/2018) (ne) (Entered: 10/12/2018)
2018-10-12		Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/12/2018, ( Motions due by 10/19/2018., Replies due by 10/31/2018., Responses due by 10/26/2018, Oral Argument set for 11/8/2018 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 10/16/2018)
2018-10-17	71	LETTER MOTION for Extension of Time and/or Clarification of the Court's October 12, 2018, Order addressed to Judge Alvin K. Hellerstein from Casey K. Lee dated October 17, 2018. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 10/17/2018)
2018-10-17	72	ORDER granting 71 Letter Motion for Extension of Time. Plaintiff may choose the issue it wishes to litigate. Deft's request for an enlargement of time is granted. (Signed by Judge Alvin K. Hellerstein on 10/17/2018) (rro) (Entered: 10/18/2018)
2018-10-18	73	LETTER addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated October 18, 2018 re: Motion on Document Production Issues. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 10/18/2018)
2018-10-19	74	MEMO ENDORSEMENT on re: 73 Letter filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: So ordered. The oral argument is adjourned to November 20, 2018 at 11:00 am. (Oral Argument set for 11/20/2018 at 11:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/19/2018) (ne) (Entered: 10/19/2018)
2018-10-26	75	MOTION to Compel Defendants to Produce Documents . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Creelan, Jeremy) (Entered: 10/26/2018)
2018-10-26	76	MEMORANDUM OF LAW in Support re: 75 MOTION to Compel Defendants to Produce Documents . . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 10/26/2018)
2018-10-26	77	DECLARATION of Carl N. Wedoff in Support re: 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25)(Wedoff, Carl) (Entered: 10/26/2018)
2018-10-26	78	AFFIRMATION of Carl N. Wedoff re: 75 MOTION to Compel Defendants to Produce Documents ., 76 Memorandum of Law in Support of Motion, 77 Declaration in Support of Motion,, - AFFIRMATION OF SERVICE . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 10/26/2018)
2018-11-09	79	CROSS MOTION for Partial Summary Judgment . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 11/09/2018)
2018-11-09	80	MEMORANDUM OF LAW in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents . Opposition to Plaintiffs' Motion . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 11/09/2018)
2018-11-09	81	DECLARATION of Casey K. Lee in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit Oct. 30, 2017 E-mail from Lee to Deininger, # 2 Exhibit Nov. 2, 2017 e-mail from Wedoff to Lee et al., # 3 Exhibit Sept. 6, 2017 e-mail from Lee to Wedoff, # 4 Exhibit Sept. 7, 2017 e-mail from Wedoff to Lee, # 5 Exhibit Jan. 29, 2018 letter from DHS to Brennan Center)(Lee, Casey) (Entered: 11/09/2018)
2018-11-09	82	DECLARATION of Vanessa R. Brinkmann in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 11/09/2018)
2018-11-09	83	DECLARATION of Paul P. Colborn in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit May 15, 2017 FOIA Request to OLC, # 2 Exhibit June 8, 2017 Letter, # 3 Exhibit July 25, 2017 FOIA Request to OLC, # 4 Exhibit July 26, 2017 Letter, # 5 Exhibit Dec. 29, 2017 Letter, # 6 Exhibit Mar. 30, 2018 Letter, # 7 Exhibit Apr. 13, 2018 Letter)(Lee, Casey) (Entered: 11/09/2018)
2018-11-09	84	DECLARATION of Tink Cooper in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit July 12, 2017 CRT Response to May 15, 2017 FOIA Request)(Lee, Casey) (Entered: 11/09/2018)
2018-11-09	85	DECLARATION of Travis Lewis in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit May 15, 2017 and July 25, 2017 FOIA Requests, # 2 Exhibit GSA Records Management Program Policy)(Lee, Casey) (Entered: 11/09/2018)
2018-11-09	86	DECLARATION of C.T. Monica Chyn in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit SSA Admin. Instructions Manual System)(Lee, Casey) (Entered: 11/09/2018)
2018-11-09	87	DECLARATION of Heather V. Walsh in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 11/09/2018)
2018-11-09	88	DECLARATION of James V.M.L. Holzer in Support re: 79 CROSS MOTION for Partial Summary Judgment ., 75 MOTION to Compel Defendants to Produce Documents .. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Attachments: # 1 Exhibit Secretary Nielsen QFRs)(Lee, Casey) (Entered: 11/09/2018)
2018-11-14	89	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Allison F. Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15910842. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing (DC), # 3 Certificate of Good Standing (VA), # 4 Text of Proposed Order)(Murphy, Allison) Modified on 11/14/2018 (jc). (Entered: 11/14/2018)
2018-11-14		>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 89 MOTION for Allison F. Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15910842. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Virginia (our court does not accept state bar certificates for Virginia). 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 Attorney Affidavit/Declaration - attach Proposed Order. (jc) (Entered: 11/14/2018)
2018-11-14	90	REPLY MEMORANDUM OF LAW in Support re: 75 MOTION to Compel Defendants to Produce Documents . / Plaintiffs' Reply Memorandum of Law in Support of Motion to Compel Defendants to Produce Document and Opposition to Defendants' Cross-Motion for Partial Summary Judgment . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 11/14/2018)
2018-11-20		Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Oral Argument held on 11/20/2018 re: 75 MOTION to Compel Defendants to Produce Documents . filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. Decision Reserved. (Jones, Brigitte) (Entered: 12/05/2018)
2018-11-30	91	MOTION for Allison F. Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15984695. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Affidavit, # 2 D.C. certificate, # 3 Virginia certificate, # 4 Text of Proposed Order)(Murphy, Allison) (Entered: 11/30/2018)
2018-11-30		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 91 MOTION for Allison F. Murphy to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-15984695. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (jc) (Entered: 11/30/2018)
2018-11-30	92	TRANSCRIPT of Proceedings re: argument held on 11/20/2018 before Judge Alvin K. Hellerstein. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/21/2018. Redacted Transcript Deadline set for 12/31/2018. Release of Transcript Restriction set for 2/28/2019.(McGuirk, Kelly) (Entered: 11/30/2018)
2018-11-30	93	NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 11/20/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 11/30/2018)
2018-12-03	94	ORDER FOR ADMISSION PRO HAC VICE granting 91 Motion for Allison F. Murphy to Appear Pro Hac Vice. (Signed by Judge Alvin K. Hellerstein on 12/3/2018) (ne) (Entered: 12/03/2018)
2018-12-27	95	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/18) (yv) (Entered: 01/02/2019)
2018-12-27		Case Stayed. (mml) (Entered: 01/15/2019)
2019-02-06	96	LETTER addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated February 6, 2019 re: confirmation that this action is no longer stayed under Standing Order M10-468. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 02/06/2019)
2019-02-14	97	LETTER addressed to Judge Alvin K. Hellerstein from Casey K. Lee dated February 14, 2019 re: Department of Homeland Security's Response to Plaintiffs' January 2018 FOIA Request. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 02/14/2019)
2019-02-14	98	LETTER addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated February 14, 2019 re: Department of Homeland Security's Response to Plaintiffs' January 2018 FOIA Request and Plaintiffs' Motion to Compel Defendants to Produce Documents 75 . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 02/14/2019)
2019-04-30	99	OPINION AND ORDER GRANTING PARTIAL SUMMARY JUDGMENT re: 79 CROSS MOTION for Partial Summary Judgment filed by U.S. Department of Homeland Security, U.S. Social Security Administration, U.S. Department of Justice, U.S. General Services Administration, Office of Management and Budget, 75 MOTION to Compel Defendants to Produce Documents filed by Brennan Center for Justice, The Protect Democracy Project, Inc. Plaintiffs' motion for partial summary judgment is granted, and Defendants' motion is denied. The parties shall meet and agree to a reasonable timeline for Defendants' production and, failing agreement, report to the Court by joint letter their items of disagreement. The Clerk is instructed to terminate the motions (ECF 75, 79). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 4/30/2019) (ne) (Entered: 04/30/2019)
2019-05-10	100	LETTER MOTION for Extension of Time addressed to Judge Alvin K. Hellerstein from Casey K. Lee dated May 10, 2019. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 05/10/2019)
2019-05-14	101	ORDER granting 100 Letter Motion for Extension of Time. Time is enlarged to May 28, 2019 to seek reconsideration. Motions due by 5/28/2019. (Signed by Judge Alvin K. Hellerstein on 5/14/2019) (ne) (Entered: 05/14/2019)
2019-05-22	102	LETTER MOTION for Leave to File Declarations in Support of Motion for Reconsideration addressed to Judge Alvin K. Hellerstein from Casey K. Lee dated May 22, 2019. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 05/22/2019)
2019-05-28	103	ORDER DENYING MOTION FOR LEAVE TO FILE ADDITIONAL DECLARATIONS IN SUPPORT OF MOTION FOR RECONSIDERATION denying 102 Letter Motion for Leave to File Document. Defendant agencies move for leave to file additional declarations in support of a motion for reconsideration of the Court's April 30, 2019 Opinion and Order. According to defendants, the declarations would enable the agencies to "to provide further explanation of the reasonable steps taken regarding any potential employee use of outside systems for official agency business, and the Department of Justice Civil Rights Division's ("DOJ-CRT's") determination that a search of the personal e-mail accounts of its two at-issue employees is unnecessary." The request is denied. The clerk is instructed to terminate the motion (ECF 102). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/28/2019) (ne) (Entered: 05/28/2019)
2019-05-28	104	MOTION for Reconsideration re; 99 Memorandum & Opinion,,, . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration.(Lee, Casey) (Entered: 05/28/2019)
2019-05-28	105	MEMORANDUM OF LAW in Support re: 104 MOTION for Reconsideration re; 99 Memorandum & Opinion,,, . . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 05/28/2019)
2019-06-03	106	NOTICE OF APPEARANCE by Sean Morales-Doyle on behalf of Brennan Center for Justice. (Morales-Doyle, Sean) (Entered: 06/03/2019)
2019-06-10	107	NOTICE OF APPEARANCE by Michael James Wadden on behalf of Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wadden, Michael) (Entered: 06/10/2019)
2019-06-11	108	MEMORANDUM OF LAW in Opposition re: 104 MOTION for Reconsideration re; 99 Memorandum & Opinion,,, . . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Creelan, Jeremy) (Entered: 06/11/2019)
2019-06-13	109	CERTIFICATE OF SERVICE of /Affirmation of Service of Memorandum of Law in Opposition to Defendants' Motion for Reconsideration served on AUSA Casey K. Lee on June 11, 2019. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wedoff, Carl) (Entered: 06/13/2019)
2019-06-18	110	REPLY MEMORANDUM OF LAW in Support re: 104 MOTION for Reconsideration re; 99 Memorandum & Opinion,,, . . Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration. (Lee, Casey) (Entered: 06/18/2019)
2019-06-28	111	OPINION AND ORDER DENYING RECONSIDERATION re: 104 MOTION for Reconsideration re; 99 Memorandum & Opinion filed by U.S. Department of Homeland Security, U.S. Social Security Administration, U.S. Department of Justice, U.S. General Services Administration, Office of Management and Budget. Defendants' motion for reconsideration is denied. The clerk is instructed to terminate the motion (ECF 104). (Signed by Judge Alvin K. Hellerstein on 6/28/2019) (ne) (Entered: 06/28/2019)
2019-10-10	112	LETTER addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated October 10, 2019 re: the October 4, 2019 referral letter sent by United States Senators Whitehouse and Leahy. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Attachments: # 1 Enclosure A - Referral Letter and Exhibits)(Wedoff, Carl) (Entered: 10/10/2019)
2019-11-15	113	LETTER addressed to Judge Alvin K. Hellerstein from Carl N. Wedoff dated November 15, 2019 Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wedoff, Carl) (Entered: 11/15/2019)
2019-11-18	114	LETTER addressed to Judge Alvin K. Hellerstein from Casey K. Lee dated November 18, 2019 re: Corrections to Prior Filings. Document filed by U.S. Department of Justice.(Lee, Casey) (Entered: 11/18/2019)
2019-11-19	115	MEMO ENDORSEMENT on re: 113 Letter filed by Brennan Center for Justice, The Protect Democracy Project, Inc. ENDORSEMENT: All production shall be completed by March 13, 2020: 600 documents to be produced by Nov. 30, 2019, and 1,000 per month thereafter until completion. (Signed by Judge Alvin K. Hellerstein on 11/19/2019) (rro) (Entered: 11/19/2019)
2020-01-17	116	MOTION for Michael J. Wadden to Withdraw as Attorney . Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc..(Wadden, Michael) (Entered: 01/17/2020)
2020-01-24	117	DECLARATION of Michael J. Wadden in Support re: 116 MOTION for Michael J. Wadden to Withdraw as Attorney .. Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc.. (Wadden, Michael) (Entered: 01/24/2020)
2020-01-27	118	MEMO ENDORSED ORDER granting 116 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Michael James Wadden terminated.) (Signed by Judge Alvin K. Hellerstein on 1/23/20) (yv) (Entered: 01/27/2020)
2020-03-10	119	NOTICE of Substitution of Attorney. Old Attorney: Casey K. Lee, New Attorney: David S. Jones, Address: U.S. Attorney's Office, S.D.N.Y., 86 Chambers Street, Third Floor, New York, NY, USA 10007, 212-637-2739. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration..(Jones, David) (Entered: 03/10/2020)
2020-05-29	120	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Allison Murphy to Withdraw as Attorney for Protect Democracy . Document filed by The Protect Democracy Project, Inc...(Murphy, Allison) Modified on 7/21/2020 (lb). (Entered: 05/29/2020)
2020-06-01	121	MEMO ENDORSED ORDER granting 120 Motion to Withdraw as Attorney. ENDORSEMENT: So Ordered. (Attorney Allison Murphy terminated.) (Signed by Judge Alvin K. Hellerstein on 6/1/20) (yv) (Entered: 06/02/2020)
2020-10-05	122	NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration..(Poscablo, Christine) (Entered: 10/05/2020)
2020-10-06	123	LETTER MOTION to Substitute Attorney. Old Attorney: David S. Jones, New Attorney: Christine Poscablo addressed to Judge Alvin K. Hellerstein from David S. Jones dated October 6, 2020. Document filed by U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration..(Jones, David) (Entered: 10/06/2020)
2020-10-06	124	SCHEDULING ORDER: The parties are hereby ordered to appear for a telephonic status conference on October 23, 2020, at 10:00 a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than October 21, 2020, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 10/23/2020 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/6/20) (yv) (Entered: 10/06/2020)
2020-10-07	125	ORDER granting 123 Letter Motion to Substitute Attorney: So ordered. (Attorney David Stuart Jones terminated.) (Signed by Judge Alvin K. Hellerstein on 10/7/2020) (jwh) (Entered: 10/07/2020)
2020-10-23		Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 10/23/2020, ( Status Conference set for 12/4/2020 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 10/23/2020)
2020-10-26	126	ORDER REGULATING PROCEEDINGS: Parties shall submit a joint letter on or before November 13, 2020, apprising the Court of the status of the proceeding. The parties are directed to appear for a status conference on December 4, 2020 at 10 a.m. The Court will notify the parties at a later date whether such conference will be held in-person or telephonically. SO ORDERED. ( Status Conference set for 12/4/2020 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 10/23/2020) (va) (Entered: 10/26/2020)
2020-11-13	127	STATUS REPORT. (JOINT) Document filed by Brennan Center for Justice, The Protect Democracy Project, Inc...(Wedoff, Carl) (Entered: 11/13/2020)
2020-12-02	128	SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on December 4, 2020 at 10:30a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than December 2, 2020, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 12/4/2020 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/1/20) (yv) (Entered: 12/02/2020)
2020-12-04		Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 12/4/2020, ( Status Conference set for 12/18/2020 at 10:30 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein., Status Conference set for 3/26/2021 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 12/04/2020)
2020-12-07	129	ORDER, REGULATING PROCEEDINGS, At the telephonic status conference held on December 4, 2020, the parties represented that they are close to a settlement. Settlement of issues other than fees shall be completed by December 18, 2020. Upon settlement, the parties shall file a stipulation for my signature pursuant to Rule 41 of the Federal Rules of Civil Procedure, resolving all issues other than fees. In the event that a settlement is not consummated, the parties shall appear for a status conference on December 18, 2020, at 10:30 a.m. The issue of fees is to be negotiated by the parties. If not resolved, the parties shall appear for a status conference on the issue of fees on March 26, 2021, at 10:00 a.m. SO ORDERED. ( Status Conference set for 3/26/2021 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/7/20) (yv) (Entered: 12/07/2020)
2020-12-15	130	SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on December 18, 2020 at 10:30a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than December 16, 2020, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information.SO ORDERED. ( Telephone Conference set for 12/18/2020 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 12/15/20) (yv) (Entered: 12/15/2020)
2020-12-16	131	LETTER addressed to Judge Alvin K. Hellerstein from Christine S. Poscablo dated December 16, 2020 re: Status Update and Request for Adjournment of December 18, 2020 Conference. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration..(Poscablo, Christine) (Entered: 12/16/2020)
2020-12-17	132	PROPOSED STIPULATION AND ORDER. Document filed by Office of Management and Budget, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. General Services Administration, U.S. Social Security Administration..(Poscablo, Christine) (Entered: 12/17/2020)
2020-12-21	133	STIPULATION AND ORDER OF DISMISSAL: It is stipulated and agreed, by and between Plaintiffs and the Government, and subject to endorsement by the Court, that: 1. Plaintiffs release and discharge Defendants from any and all remaining claims and causes of action that Plaintiffs asserted, or could have asserted, in this litigation arising out of the FOIA Requests, except for any and all claims for attorneys' fees and costs Plaintiffs asserted, or could have asserted, in this litigation. 2. By entering into this Stipulation, Plaintiffs in no way concede that any of Defendants' applications of FOIA exemptions to documents responsive to the FOIA Requests had a lawful basis, and Defendants in no way concede that any of their applications of FOIA exemptions to responsive documents lacked a lawful basis. 3. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice; provided, however, that the Court shall retain jurisdiction to adjudicate Plaintiffs' request for attorneys fees and costs under 5 U.S.C. § 552(a)(4)(E). SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 12/21/20) (yv) (Entered: 12/21/2020)
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