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Case TitleAmerican Immigration Council et al v. Executive Office For Immigration Review et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv01835
Date Filed2019-02-27
Date Closed2020-04-03
JudgeJudge Denise L. Cote
PlaintiffKathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law
PlaintiffAmerican Immigration Council
Case DescriptionThe American Immigration Council and Kathryn Greenberg of the Immigration Justice Clinic at Benjamin Cardozo School of Law submitted two FOIA requests to the Executive Office for Immigration Review at the Department of Justice for records concerning EOIR's current policies on stays of removal and motions to reopen or reconsider removal orders. AIC and Greenberg also requested expedited processing. The agency responded to their first FOIA request with a spreadsheet containing some data on stays of removal. AIC and Greenberg filed an administrative appeal of that decision. DOJ upheld the agency's decision. The agency acknowledged receipt of the second request but denied AIC and Greenberg's request for expedited processing. After hearing nothing from the agency pertaining to either request, AIC and Greenberg filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantExecutive Office For Immigration Review
DefendantU.S. Department of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Opinion/Order [52]
Opinion/Order [53]
Opinion/Order [65]
Opinion/Order [66]
User-contributed Documents
 001 Complaint
001-1 Exhibit A to Complaint
001-2 Exhibit B to Complaint
001-3 Exhibit C to Complaint
001-4 Exhibit D to Complaint
001-5 Exhibit E to Complaint
001-6 Exhibit F to Complaint
001-7 Exhibit G to Complaint
002 Civil Cover Sheet
003 Rule 7.1 Statement
004 Amended Complaint
004-1 Exhibit A to Amended Complaint
004-2 Exhibit B to Amended Complaint
004-3 Exhibit C to Amended Complaint
004-4 Exhibit D to Amended Complaint
004-5 Exhibit E to Amended Complaint
004-6 Exhibit F to Amended Complaint
004-7 Exhibit G to Amended Complaint
010 Gov't Notice of Appearance
011 Order Granting Law Student Appearances
012 Notice of Initial Pretrial Conference
015 Gov't Answer to Complaint
022 Plaintiff Notice of Appearance
023 Plaintiff Declaration of Service
024 Plaintiff Letter RE Proposed Briefing Schedule
024-1 Proposed Order RE Briefing Schedule
025 Gov't Letter RE Briefing Schedule
025-1 Exhibit A to Gov't Briefing Schedule Letter
026 Order RE Briefing Schedule
027 Gov't Joint Status Letter
029 Order Grant. Gov't Request for Page Extension
030 Gov't Notice of MSJ
031 Gov't Memo ISO MSJ
032 Carr Declaration ISO Gov't MSJ
033 Gearin Declaration ISO Gov't MSJ
033-1 BIA Stays Standard Operating Procedure
034 Endres Declaration ISO Gov't MSJ
035 Schaaf Declaration ISO Gov't MSJ
035-1 Exhibit A to Schaaf Declaration
035-10 Exhibit J to Schaaf Declaration
035-11 Exhibit K to Schaaf Declaration
035-12 Exhibit L to Schaaf Declaration
035-13 Exhibit M to Schaaf Declaration
035-14 Exhibit N to Schaaf Declaration
035-15 Exhibit O to Schaaf Declaration
035-16 Exhibit P to Schaaf Declaration
035-17 Exhibit Q to Schaaf Declaration
035-18 Exhibit R to Schaaf Declaration
035-19 Exhibit S to Schaaf Declaration
035-2 Exhibit B to Schaaf Declaration
035-20 Exhibit T to Schaaf Declaration
035-21 Exhibit U to Schaaf Declaration
035-22 Exhibit V to Schaaf Declaration
035-3 Exhibit C to Schaaf Declaration
035-4 Exhibit D to Schaaf Declaration
035-5 Exhibit E to Schaaf Declaration
035-6 Exhibit F to Schaaf Declaration
035-7 Exhibit G to Schaaf Declaration
035-8 Exhibit H to Schaaf Declaration
035-9 Exhibit I to Schaaf Declaration
036 Souza Declaration ISO Gov't MSJ
037 Plaintiff MSJ Extension Request
038 Order Granting Plaintiff MSJ Extension
039 - Notice of x-MSJ, Opp. to Gov't MSJ
040 Memo ISO Plaint. Opp. to Gov't MSJ, x-MSJ
041 Nash Declaration ISO Plaintiff x-MSJ
042 Misfiled Statement of Facts
043 Misfiled Macleod-Ball Declaration ISO Plaintiff x-MSJ
043-1 Exhibit A to Misfiled Macleod-Ball Declaration
043-10 Exhibit K to Misfiled Macleod-Ball Declaration
043-11 Exhibit L to Misfiled Macleod-Ball Declaration
043-12 Exhibit M to Misfiled Macleod-Ball Declaration
043-2 Exhibit B to Misfiled Macleod-Ball Declaration
043-3 Exhibit C to Misfiled Macleod-Ball Declaration
043-4 Exhibit D to Misfiled Macleod-Ball Declaration
043-5 Exhibit E to Misfiled Macleod-Ball Declaration
043-6 Exhibit F to Misfiled Macleod-Ball Declaration
043-7 Exhibit G to Misfiled Macleod-Ball Declaration
043-8 Exhibit I to Misfiled Macleod-Ball Declaration
043-9 Exhibit J to Misfiled Macleod-Ball Declaration
044 Letter Motion to Accept Late Filings
044-1 Macleod-Ball Declaration ISO Plaintiff x-MSJ
044-10 Exhibit I to Macleod-Ball Declaration
044-11 Exhibit J to Macleod-Ball Declaration
044-12 Exhibit K to Macleod-Ball Declaration
044-13 Exhibit L to Macleod-Ball Declaration
044-14 Exhibit M to Macleod-Ball Declaration
044-15 Statement of Undisputed Material Facts
044-2 Exhibit A to Macleod-Ball Declaration
044-3 Exhibit B to Macleod-Ball Declaration
044-4 Exhibit C to Macleod-Ball Declaration
044-5 Exhibit D to Macleod-Ball Declaration
044-6 Exhibit E to Macleod-Ball Declaration
044-7 Exhibit F to Macleod-Ball Declaration
044-8 Exhibit G to Macleod-Ball Declaration
044-9 Exhibit H to Macleod-Ball Declaration
045 Order Grant. Motion to Accept Late Filings
048 Gov't Reply ISO MSJ, Opp. to Plaintiff x-MSJ
049 Fruehwald Declaration ISO Gov't MSJ Reply, Opp.
050 Schaaf Supp. Declaration ISO Gov't MSJ Reply, Opp.
051 Plaintiff Reply Memo ISO x-MSJ
052 Opinion, Order RE MSJs
053 Order
054 Gov't Joint Status Report
055 Order Endorsing Joint Status Report
056 Gov't Joint Status Update Letter
056-1 Schaaf Supp. Declaration ISO Gov't MSJ
057 Order Endorsing Joint Status Report
058 Plaintiff Joint Status Report
059 Order on Joint Status Report
059 Order on Joint Status Report
060 Order Referring to Magistrate Judge
061 Gov't Joint Status Update Letter
064 Gov't Joint Request to Adjourn Settlement Conference
065 Order Grant. Request to Adjourn Settlement Conference
066 Order RE Settlement Conference
067 Gov't Joint Request for Briefing Schedule Extension
068 Order Granting Briefing Schedule Extension Request
069 Joint Stipulation, Proposed Settlement Order and Dismissal
070 Order of Settlement and Dismissal
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-271FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY AND FILER ERROR - COMPLAINT against Department Of Justice, Executive Office For Immigration Review. (Filing Fee $ 400.00, Receipt Number ANYSDC-16415697)Document filed by Immigration Justice Clinic of The Benjamin N. Cardozo School Of Law, American Immigration Council. (Attachments: # 1 Exhibit Ex. A-First Request, # 2 Exhibit Ex. B-First Request Receipt Notice, # 3 Exhibit Ex. C-First Request Response Letter, # 4 Exhibit Ex. D-First Request Response Appeal, # 5 Exhibit Ex. E-First Request Appeal Decision, # 6 Exhibit Ex. F-Second Request, # 7 Exhibit Ex. G-Second Request Receipt Notice)(Nash, Lindsay) Modified on 2/28/2019 (jgo). (Entered: 02/27/2019)
2019-02-272CIVIL COVER SHEET filed. (Nash, Lindsay) (Entered: 02/27/2019)
2019-02-273RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Immigration Council, Immigration Justice Clinic of The Benjamin N. Cardozo School Of Law.(Nash, Lindsay) (Entered: 02/27/2019)
2019-02-28***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lindsay Cotten Nash. The party information for the following party/parties has been modified: Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law; U.S. Department of Justice. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 02/28/2019)
2019-02-28***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Lindsay Cotten Nash to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong filer/filers were selected for the pleading; due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 02/28/2019)
2019-02-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . (jgo) (Entered: 02/28/2019)
2019-02-28Magistrate 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: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 02/28/2019)
2019-02-28Case Designated ECF. (jgo) (Entered: 02/28/2019)
2019-02-284COMPLAINT against Executive Office For Immigration Review, U.S. Department of Justice. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law, American Immigration Council. (Attachments: # 1 Exhibit Ex. A- First Request, # 2 Exhibit Ex. B- First Request Receipt Notice, # 3 Exhibit Ex. C- First Request Response Letter, # 4 Exhibit Ex. D- First Request Response Appeal, # 5 Exhibit Ex. E- First Request Appeal Decision, # 6 Exhibit Ex. F- Second Request, # 7 Exhibit Ex. G- Second Request Receipt Notice)(Nash, Lindsay) (Entered: 02/28/2019)
2019-03-055REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 4 Complaint,,. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Nash, Lindsay) (Entered: 03/05/2019)
2019-03-056REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for Immigration Review, re: 4 Complaint,,. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Nash, Lindsay) (Entered: 03/05/2019)
2019-03-057MOTION for Leave to Appear as Law Students . Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Exhibit Ex. A - Ben Tov Appearance Form, # 2 Exhibit Ex. B - Bukh Appearance Form, # 3 Exhibit Ex. C - Castillo Appearance Form, # 4 Exhibit Ex. D - Lundgren Appearance Form)(Nash, Lindsay) (Entered: 03/05/2019)
2019-03-068ELECTRONIC SUMMONS ISSUED as to Executive Office For Immigration Review. (sj) (Entered: 03/06/2019)
2019-03-069ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (sj) (Entered: 03/06/2019)
2019-03-1110NOTICE OF APPEARANCE by Joshua Evan Kahane on behalf of Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 03/11/2019)
2019-03-1111ORDER granting 7 Motion for Leave to Appear As Law Students. (Signed by Judge Denise L. Cote on 3/11/2019) (gr) (Entered: 03/11/2019)
2019-03-1112NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 5/10/2019 at 02:30 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. (Please follow the procedures set forth in the Notice.) (Signed by Judge Denise L. Cote on 3/11/2019) (gr) (Entered: 03/11/2019)
2019-03-2813FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16580863. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council. (Attachments: # 1 Supplement IL Letter of Good Standing)(Valenzuela, Claudia) Modified on 3/28/2019 (ma). (Entered: 03/28/2019)
2019-03-28>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16580863. 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 the Supreme Court of Illinois, affidavit pursuant to local rule 1.3. and proposed order. 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.. (ma) (Entered: 03/28/2019)
2019-04-0814MOTION for Claudia Valenzuela to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Immigration Council. (Attachments: # 1 Affidavit, # 2 Supplement IL SCT Certificate of Good Standing, # 3 Proposed Order)(Valenzuela, Claudia) (Entered: 04/08/2019)
2019-04-08>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Claudia Valenzuela 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: 04/08/2019)
2019-04-0815ANSWER to 4 Complaint,,. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 04/08/2019)
2019-04-0916ORDER granting 14 Motion for Claudia Valenzuela to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (gr) (Entered: 04/09/2019)
2019-04-0917ORDER: ORDERED that the May 10, 2019 initial pretrial conference is rescheduled to May 9 at 2 p.m. in Courtroom 18B, 500 Pearl Street. (Signed by Judge Denise L. Cote on 4/9/2019) (gr) (Entered: 04/09/2019)
2019-04-1618AFFIDAVIT OF SERVICE of summonses, complaint, ECF Filing Rules, Judge Cote's Individual Rules served on Geoffrey S. Berman, U.S. Attorney for the Southern District of New York on 03/21/2019. Service was made by Mail. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Summonses, # 2 Complaint, # 3 ECF Filing Rules, # 4 Judge Cote's Individual Rules)(Nash, Lindsay) (Entered: 04/16/2019)
2019-04-1619SUMMONS RETURNED EXECUTED. U.S. Department of Justice served on 3/22/2019, answer due 4/12/2019. Service was made by Mail. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law; American Immigration Council. (Nash, Lindsay) (Entered: 04/16/2019)
2019-04-1620SUMMONS RETURNED EXECUTED. Executive Office For Immigration Review served on 3/21/2019, answer due 4/11/2019. Service was made by Mail. Document filed by Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law; American Immigration Council. (Nash, Lindsay) (Entered: 04/16/2019)
2019-04-1721NOTICE OF APPEARANCE by Kristin Macleod-Ball on behalf of American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Macleod-Ball, Kristin) (Entered: 04/17/2019)
2019-04-1822NOTICE OF APPEARANCE by Trina A. Realmuto on behalf of American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Realmuto, Trina) (Entered: 04/18/2019)
2019-05-0923CERTIFICATE OF SERVICE of Judge Cote's Individual Rules and Provided Notice of Initial Pretrial Conference served on Geoffrey S. Berman, U.S. Attorney for the Southern District of New York on 03/21/2019. Service was made by Mail. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Nash, Lindsay) (Entered: 05/09/2019)
2019-05-09Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 5/9/2019. (gr) (Entered: 05/09/2019)
2019-05-0924LETTER addressed to Judge Denise L. Cote from Lindsay Nash dated 05/09/2019 re: Initial Pretrial Conference. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Proposed Order)(Nash, Lindsay) (Entered: 05/09/2019)
2019-05-0925LETTER addressed to Judge Denise L. Cote from Joshua Kahane dated 5/9/19 re: Initial Pretrial Conference. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Attachments: # 1 Exhibit A Proposed Briefing Schedule Letter)(Kahane, Joshua) (Entered: 05/09/2019)
2019-05-0926ORDER: As set forth at the pretrial conference held pursuant to Rule 16, Fed. R. Civ. P., on May 9, 2019, it is hereby ORDERED that the parties shall submit a status letter to the Court by June 7, 2019. IT IS FURTHER ORDERED that the defendants motion for summary judgment is due by July 19, 2019, the plaintiffs opposition is due by August 9, 2019, and any reply by the defendants is due by August 30, 2019. IT IS FURTHER ORDERED that the plaintiffs cross-motion for summary judgment is due by August 9, 2019, the defendants opposition is due by August 30, 2019, and any reply by the plaintiffs is due by September 13, 2019. IT IS FURTHER ORDERED that at the time any reply is filed, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 5/9/2019) (gr) (Entered: 05/09/2019)
2019-05-16Civil Case Opening Fee Refunded: for 1 Complaint. Filing fee refunded for Receipt number ANYSDC-16415591, for the following reason(s): duplicate payment. (jom) (Entered: 05/30/2019)
2019-06-0727JOINT LETTER addressed to Judge Denise L. Cote from Joshua Kahane dated 6/7/19 re: Status Letter. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 06/07/2019)
2019-07-1228CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Denise L. Cote from Joshua Kahane dated 7/12/19. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 07/12/2019)
2019-07-1229ORDER granting 28 Government's Letter Motion for Leave to File Excess Pages. (Signed by Judge Denise L. Cote on 7/12/2019) (gr) (Entered: 07/12/2019)
2019-07-1930MOTION for Summary Judgment . Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 07/19/2019)
2019-07-1931MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . . Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 07/19/2019)
2019-07-1932DECLARATION of Donna Carr in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 07/19/2019)
2019-07-1933DECLARATION of Christopher J. Gearin in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Attachments: # 1 Ex. A)(Kahane, Joshua) (Entered: 07/19/2019)
2019-07-1934DECLARATION of Brett Endres in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 07/19/2019)
2019-07-1935DECLARATION of Joseph R. Schaaf in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H, # 9 Ex. I, # 10 Ex. J, # 11 Ex. K, # 12 Ex. L, # 13 Ex. M, # 14 Ex. N, # 15 Ex. O, # 16 Ex. P, # 17 Ex. Q, # 18 Ex. R, # 19 Ex. S, # 20 Ex. T, # 21 Ex. U, # 22 Ex. V)(Kahane, Joshua) (Entered: 07/19/2019)
2019-07-1936DECLARATION of Crystal R. Souza in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 07/19/2019)
2019-08-0737LETTER MOTION for Extension of Time to File Cross-Motion for Summary Judgment/Opposition to Defendants' Motion for Summary Judgment addressed to Judge Denise L. Cote from Claudia Valenzuela dated 8/7/2019. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law.(Valenzuela, Claudia) (Entered: 08/07/2019)
2019-08-0738ORDER granting 37 LETTER MOTION for Extension of Time to File Cross-Motion for Summary Judgment/Opposition to Defendants' Motion for Summary Judgment. Extension to August 14 is granted. The date of Sept. 5 and 18 are approved. Cross Motions due by 8/14/2019. (Signed by Judge Denise L. Cote on 8/7/2019) (jca) (Entered: 08/07/2019)
2019-08-07Set/Reset Deadlines: Responses due by 9/5/2019, Replies due by 9/18/2019. (jca) (Entered: 08/07/2019)
2019-08-1439CROSS MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. Responses due by 9/5/2019(Macleod-Ball, Kristin) (Entered: 08/14/2019)
2019-08-1440MEMORANDUM OF LAW in Support re: 39 CROSS MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . . Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Macleod-Ball, Kristin) (Entered: 08/14/2019)
2019-08-1441DECLARATION of Lindsay Nash in Support re: 39 CROSS MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment .. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Macleod-Ball, Kristin) (Entered: 08/14/2019)
2019-08-1542RESPONSE in Support of Motion re: 39 CROSS MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . Statement of Undisputed Facts . Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Macleod-Ball, Kristin) (Entered: 08/15/2019)
2019-08-1543DECLARATION of Kristin Macleod-Ball in Support re: 39 CROSS MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment .. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Exh. A, # 2 Exh. B, # 3 Exh. C, # 4 Exh. D, # 5 Exh. E, # 6 Exh. F, # 7 Exh. G, # 8 Exh. I, # 9 Exh. J, # 10 Exh. K, # 11 Exh. L, # 12 Exh. M)(Macleod-Ball, Kristin) (Entered: 08/15/2019)
2019-08-1544LETTER MOTION for Leave to File Exhibits and Statement of Undisputed Material Facts in support of Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment addressed to Judge Denise L. Cote from Kristin Macleod-Ball dated 8/15/2019. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Attachments: # 1 Exhibit Decl. of Kristin Macled-Ball, # 2 Exhibit Exh. A to Macleod-Ball Decl., # 3 Exhibit Exh. B to Macleod-Ball Decl., # 4 Exhibit Exh. C to Macleod-Ball Decl., # 5 Exhibit Exh. D to Macleod-Ball Decl., # 6 Exhibit Exh. E to Macleod-Ball Decl., # 7 Exhibit Exh. F to Macleod-Ball Decl., # 8 Exhibit Exh. G to Macleod-Ball Decl., # 9 Exhibit Exh. H to Macleod-Ball Decl., # 10 Exhibit Exh. I to Macleod-Ball Decl., # 11 Exhibit Exh. J to Macleod-Ball Decl., # 12 Exhibit Exh. K to Macleod-Ball Decl., # 13 Exhibit Exh. L to Macleod-Ball Decl., # 14 Exhibit Exh. M to Macleod-Ball Decl., # 15 Exhibit Statement of Undisputed Material Facts)(Macleod-Ball, Kristin) (Entered: 08/15/2019)
2019-08-1545ORDER granting 44 LETTER MOTION for Leave to File Exhibits and Statement of Undisputed Material Facts in support of Plaintiffs' Cross-Motion for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment. Granted. (Signed by Judge Denise L. Cote on 8/15/2019) (jca) (Entered: 08/15/2019)
2019-09-0346LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Denise L. Cote from Joshua Kahane dated 9/3/19. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 09/03/2019)
2019-09-0347ORDER granting 46 Letter Motion for Extension of Time to File Response/Reply Government's response due by 9/9/2019. Plaintiffs' reply due by 9/23/2019. (Signed by Judge Denise L. Cote on 9/3/2019) (gr) (Entered: 09/03/2019)
2019-09-0948REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 09/09/2019)
2019-09-0949DECLARATION of David Fruehwald (Supplemental) in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 09/09/2019)
2019-09-0950DECLARATION of Joseph R. Schaaf (Supplemental) in Support re: 30 MOTION for Summary Judgment .. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Kahane, Joshua) (Entered: 09/09/2019)
2019-09-2351REPLY MEMORANDUM OF LAW in Support re: 39 CROSS MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment . . Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law. (Macleod-Ball, Kristin) (Entered: 09/23/2019)
2019-11-1552OPINION AND ORDER.....The Governments July 19, 2019 motion for summary judgment is granted in part. The plaintiffs August 14 motion for summary judgment is granted in part. (Signed by Judge Denise L. Cote on 11/15/2019) (gr) (Entered: 11/15/2019)
2019-11-1553ORDER: An Opinion of November 15, 2019 having denied in part the defendants motion for summary judgment, it is hereby ORDERED that the parties are to provide a letter describing the status of the request for training materials by December 13, 2019. (Signed by Judge Denise L. Cote on 11/15/2019) (gr) (Entered: 11/15/2019)
2019-12-1354JOINT LETTER addressed to Judge Denise L. Cote from Joshua Kahane dated 12/13/19 re: status letter. Document filed by Executive Office For Immigration Review, U.S. Department of Justice.(Kahane, Joshua) (Entered: 12/13/2019)
2019-12-1355ENDORSED LETTER addressed to Judge Denise L. Cote from Joshua Kahane dated 12/13/19 re: Joint letter regarding permission to provide the Court a status letter on 1/10/20. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 12/13/2019) (gr) (Entered: 12/13/2019)
2020-01-1056JOINT LETTER addressed to Judge Denise L. Cote from Joshua Kahane dated 1/10/20 re: status letter. Document filed by Executive Office For Immigration Review, U.S. Department of Justice. (Attachments: # 1 Supplemental Declaration)(Kahane, Joshua) (Entered: 01/10/2020)
2020-01-1357ENDORSED LETTER addressed to Judge Denise L. Cote from Joshua Kahane dated 1/10/20 re: requesting that the Court allow the parties to submit a further joint status letter on 2/10/2020. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/13/2020) (gr) (Entered: 01/13/2020)
2020-02-0658JOINT LETTER addressed to Judge Denise L. Cote from Claudia Valenzuela dated 02/06/2020 re: Adjournment for status letter. Document filed by American Immigration Council, Kathryn O. Greenberg Immigration Justice Clinic at the Benjamin N. Cardozo School of Law..(Valenzuela, Claudia) (Entered: 02/06/2020)
2020-02-1159ORDER: On February 6, 2020, the parties filed a status letter with the Court regarding their dispute over attorneys fees. It is hereby ORDERED that the parties are instructed to contact the chambers of Magistrate Judge Lehrburger prior to February 14, 2020 in order to pursue settlement discussions under his supervision to occur in March 2020. IT IS FURTHER ORDERED that any motion for attorneys fees is due April 7, 2020. Any opposition is due May 1. Any reply is due May 15. At the time any reply is served, the moving party shall supply Chambers with two (2) courtesy copies of all motion papers by mailing or delivering them to the United States Courthouse, 500 Pearl Street, New York, New York. (Signed by Judge Denise L. Cote on 2/10/2020) (gr) (Entered: 02/11/2020)
2020-02-1160ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Denise L. Cote on 2/10/2020) (gr) (Entered: 02/11/2020)
2020-02-1261JOINT LETTER MOTION for Conference re: 59 Scheduling Order,,, 60 Order Referring Case to Magistrate Judge, re: settlement addressed to Magistrate Judge Robert W. Lehrburger from Joshua Kahane dated 2/12/20. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Kahane, Joshua) (Entered: 02/12/2020)
2020-02-1862SCHEDULING ORDER: Telephone Conference set for 3/23/2020 at 11:00 AM in advance of a settlement conference before Magistrate Judge Robert W. Lehrburger. The parties are instructed to review Judge Lehrburger's Individual Practices and Procedures for Settlement. Parties shall call the teleconference line at (888)-398-2342 and enter pass code 9543348. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (rsh) (Entered: 02/18/2020)
2020-02-1863SCHEDULING ORDER: Settlement Conference set for 4/7/2020 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Parties are instructed to review and adhere to Judge Lehrburger's individual Settlement Conference Procedures. The parties are further instructed to submit their pre-conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than March 31, 2020, by 5:00 p.m. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (rsh) (Entered: 02/18/2020)
2020-03-1864JOINT LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Joshua Kahane dated 3/18/20. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Kahane, Joshua) (Entered: 03/18/2020)
2020-03-1865ORDER granting 64 Letter Motion to Adjourn Conference. Granted. The parties are directed to coordinate with the Courtroom Deputy to reschedule. So Ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 3/18/20) (yv) (Entered: 03/18/2020)
2020-03-1866SETTLEMENT CONFERENCE ORDER: This case has been referred to me for settlement. A telephone conference will be held on April 7, 2020 at 9:30 a.m. in advance of the Settlement Conference. The Settlement Conference will be held telephonically on April 20, 2020 at 1:30 p.m. For both conferences, the parties are directed to call the Chambers conference line: Number: (888) 398-2342 Access Code: 9543348 The parties are instructed to review Judge Lehrburger's Individual Practices and Settlement Conference Procedures. The parties are further instructed to submit their pre conference submissions, along with their Attendance Acknowledgment Form (available in pdf fillable format as attachment to the Settlement Conference Procedures) no later than April 13, 2020 at 5 p.m. (Settlement Conference set for 4/20/2020 at 01:30 PM before Magistrate Judge Robert W. Lehrburger., Telephone Conference set for 4/7/2020 at 09:30 AM before Magistrate Judge Robert W. Lehrburger.) (Signed by Magistrate Judge Robert W. Lehrburger on 3/18/2020) Copies transmitted this date to all parties of record (js) Modified on 3/19/2020 (js). Modified on 3/20/2020 (js). (Entered: 03/19/2020)
2020-04-0167JOINT LETTER MOTION for Extension of Time re: briefing deadlines concerning attorneys fees addressed to Judge Denise L. Cote from Joshua Kahane dated 4/1/20. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Kahane, Joshua) (Entered: 04/01/2020)
2020-04-0168ORDER granting 67 JOINT LETTER MOTION for Extension of Time re: briefing deadlines concerning attorneys fees. Granted. Motions due by 5/20/2020. (Signed by Judge Denise L. Cote on 4/1/2020) (jca) (Entered: 04/01/2020)
2020-04-01Set/Reset Deadlines: Responses due by 6/15/2020, Replies due by 6/29/2020. (jca) (Entered: 04/01/2020)
2020-04-0369PROPOSED STIPULATION AND ORDER. Document filed by Executive Office For Immigration Review, U.S. Department of Justice..(Kahane, Joshua) (Entered: 04/03/2020)
2020-04-0370STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, EOIR shall pay to Plaintiffs the sum of $10,000 (the "Settlement Amount"), which sum Plaintiffs agree to accept as full payment of any costs and/or fees they have incurred in or in connection with this matter. 2. Effective upon payment of the Settlement Amount set forth in Paragraph 1, Plaintiffs release the United States, its agencies, departments, officers, employees, servants, and agents, including Defendants, from any claims for attorney's fees, costs, and expenses of any kind, and however denominated, relating to services performed in connection with this matter. 3. Nothing in this Stipulation and Order shall constitute an admission by the United States or its agencies, including Defendants, that Plaintiffs "substantially prevailed" in this case under 5 U.S.C. § 552(a)(4)(E). 4. The parties understand and agree that this Stipulation and Order contains the entire agreement between them. No statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 5. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. 6. This stipulation may be executed in counterparts. Facsimile or PDF signatures shall have the same force and effect as original signatures. SO ORDERED. (Signed by Judge Denise L. Cote on 4/3/2020) (jca) (Entered: 04/03/2020)
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