Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of Justice properly withheld records concerning two programs for state and local law enforcement agencies related to gang suppression involving the recruitment of unaccompanied alien children funded by the Office of Juvenile Justice and Delinquency Prevention under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods or techniques), in response to a multi-part FOIA request from the ACLU but the agency failed to show that the records were protected by Exemption 6 (invasion of privacy). By the time Judge Mary Kay Vyskocil ruled, the only issues remaining concerned DOJ's withholding under Exemptions 6, 7(C), and 7(E). Vyskocil agreed with the agency's contention that Exemption 6 could apply to non-identifying information that could still be used to help identify someone. She observed that "it would effectively nullify Exemption 6 if only names and clear identification raises a privacy interest under FOIA, but there were no privacy interests even where information sought could lead the requester to easily identify an individual's name or identity." But she indicated that the agency had not shown that disclosure would invade an individual's privacy. She noted that "it may be that these individuals are vulnerable to harassment because their involvement with immigration law enforcement, but Defendants bear the burden of establishing that the exemption is warranted. Because the Defendants have not made any such showing, whatever privacy interest the individuals may have in controlling the disclosure of their employment history, job responsibilities, and professional awards, among other things is de minimis and the need to balance the privacy interest with the public interest in disclosure is not triggered." Turning to Exemption 7, the ACLU argued that Exemption 7 did not apply unless there was an ongoing investigation. Vyskocil rejected the claim, noting instead that "the 'investigatory file' language Plaintiff uses appears to be outmoded former language held over in dicta from a pre-1974 amendment to FOIA. The Court finds no support for the Plaintiffs contention that Defendants' arguments must fail because 'courts apply Exemption 7 only to "investigatory files."'" She added that "defendants plainly provide evidentiary support that in this case the information withheld under Exemption 7 was 'compiled' by the agency from 'information of law enforcement personnel submitted by various local law enforcement agencies.'" As to Exemption 7(C), she observed that "plaintiff cannot, and has not, shown how the additional disclosure will serve the public interest, and disclosure would therefore be 'an unwarranted invasion of personal privacy.'" Vyskocil also agreed with the agency that disclosure of information protected by Exemption 7(E) would reveal protected intelligence sources.
Issues: Exemption 6 - Invasion of privacy, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2019-06-12	1	COMPLAINT against Department Of Justice, Office of Justice Programs. (Filing Fee $ 400.00, Receipt Number ANYSDC-17068117)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Hinger, Sarah) (Entered: 06/12/2019)
2019-06-12	2	CIVIL COVER SHEET filed. (Hinger, Sarah) (Entered: 06/12/2019)
2019-06-12	3	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union.(Hinger, Sarah) (Entered: 06/12/2019)
2019-06-12	4	RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union Foundation.(Hinger, Sarah) (Entered: 06/12/2019)
2019-06-12	5	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by Department Of Justice. (Hinger, Sarah) Modified on 6/12/2019 (jgo). (Entered: 06/12/2019)
2019-06-12	6	REQUEST FOR ISSUANCE OF SUMMONS as to Office of Justice Programs, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Hinger, Sarah) (Entered: 06/12/2019)
2019-06-12	7	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Hinger, Sarah) Modified on 6/13/2019 (pc). (Entered: 06/12/2019)
2019-06-12	8	NOTICE OF APPEARANCE by Joshua David Riegel on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Riegel, Joshua) (Entered: 06/12/2019)
2019-06-13		***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Sarah Hinger. The party information for the following party/parties has been modified: Department Of Justice, Office of Justice Programs, American Civil Liberties Union, American Civil Liberties Union Foundation. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error ; party role was entered incorrectly; party text was omitted;. (pc) (Entered: 06/13/2019)
2019-06-13		***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Sarah Hinger to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): Civil cover sheet was not signed. (pc) (Entered: 06/13/2019)
2019-06-13		***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Sarah Hinger. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) (Entered: 06/13/2019)
2019-06-13		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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 . (pc) (Entered: 06/13/2019)
2019-06-13		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 . (pc) (Entered: 06/13/2019)
2019-06-13		Case Designated ECF. (pc) (Entered: 06/13/2019)
2019-06-13	9	ELECTRONIC SUMMONS ISSUED as to Office of Justice Programs. (pc) (Entered: 06/13/2019)
2019-06-13		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Sarah Hinger to RE-FILE Document No. 5 Request for Issuance of Summons, 7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; Party name on summons and docket entry must exactly match party name on complaint caption title (United States Department of Justice);. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 06/13/2019)
2019-06-13	10	CIVIL COVER SHEET filed. (Hinger, Sarah) (Entered: 06/13/2019)
2019-06-13	11	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Hinger, Sarah) (Entered: 06/13/2019)
2019-06-13	12	NOTICE OF APPEARANCE by Christopher T Dunn on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Dunn, Christopher) (Entered: 06/13/2019)
2019-06-13	13	NOTICE OF APPEARANCE by Amy Belsher on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Belsher, Amy) (Entered: 06/13/2019)
2019-06-13	14	NOTICE OF APPEARANCE by Antony Philip Falconer Gemmell on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Gemmell, Antony) (Entered: 06/13/2019)
2019-06-13	15	NOTICE OF APPEARANCE by Jessica Perry on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. (Perry, Jessica) (Entered: 06/13/2019)
2019-06-13	16	ORDER: This case has been assigned to me for all purposes. Plaintiffs are directed to notify the Court when service has been executed on Defendants, after which the Court will promptly schedule an initial conference. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/13/2019) (ama) (Entered: 06/13/2019)
2019-06-14	17	ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (dnh) (Entered: 06/14/2019)
2019-06-14	18	FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 19 Summons Returned Executed) - SUMMONS RETURNED EXECUTED Summons and Complaint, served. Office of Justice Programs served on 6/14/2019, answer due 7/5/2019; United States Department of Justice served on 6/14/2019, answer due 7/5/2019. Service was accepted by Lisa Ahearn. Service was made by Mail. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Belsher, Amy) Modified on 6/18/2019 (db). (Entered: 06/14/2019)
2019-06-17	19	SUMMONS RETURNED EXECUTED Summons and Complaint, served. Service was accepted by Lisa Ahearn, Civil Clerk Supervisor. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Belsher, Amy) (Entered: 06/17/2019)
2019-06-26	20	ORDER: Initial Conference set for 7/19/2019 at 12:30 PM in Courtroom 1506, 40 Foley Square, New York, NY 10007 before Judge Ronnie Abrams. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/26/2019) (rj) (Entered: 06/27/2019)
2019-07-01	21	AFFIDAVIT OF SERVICE of Order, ECF No. 20 served on United States Department of Justice and Office of Special Programs on 7/1/2019. Service was accepted by Lisa Ahearn, Civil Clerk. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Belsher, Amy) (Entered: 07/01/2019)
2019-07-12	22	JOINT LETTER addressed to Judge Ronnie Abrams from Counsel for Plaintiffs and Defendants, Jointly dated July 12, 2019 re: Joint Status Letter. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Hinger, Sarah) (Entered: 07/12/2019)
2019-07-15	23	ANSWER to 1 Complaint,. Document filed by Office of Justice Programs, United States Department of Justice.(Cha-Kim, Stephen) (Entered: 07/15/2019)
2019-07-19		Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 7/19/2019. (arc) (Entered: 07/19/2019)
2019-08-02	24	FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Joshua David Riegel to Withdraw as Attorney for Plaintiffs . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit Affirmation in Support of Motion to Withdraw as Counsel)(Riegel, Joshua) Modified on 10/8/2019 (db). (Entered: 08/02/2019)
2019-08-05	25	MEMO ENDORSED ORDER granting 24 Motion to Withdraw as Attorney. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. Attorney Joshua David Riegel terminated. (Signed by Judge Ronnie Abrams on 8/5/2019) (rj) Modified on 8/6/2019 (rj). (Entered: 08/05/2019)
2019-08-09	26	JOINT LETTER addressed to Judge Ronnie Abrams from Plaintiffs and Defendants dated August 9, 2019 re: joint status update. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Hinger, Sarah) (Entered: 08/09/2019)
2019-08-13	27	ORDER: A telephone conference is hereby scheduled in this matter on August 14, 2019 at 2:00 p.m. The parties shall jointly call chambers at (212) 805-0162 at the appointed time. Telephone Conference set for 8/14/2019 at 02:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 8/13/2019) (rj) (Entered: 08/13/2019)
2019-08-14		Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 8/14/2019. (Court Reporter Steven Griffing) (arc) (Entered: 08/14/2019)
2019-08-26	28	LETTER addressed to Judge Ronnie Abrams from Stephen Cha-Kim dated 8/26/19 re: Government's Processing of FOIA Requests. Document filed by Office of Justice Programs, United States Department of Justice.(Cha-Kim, Stephen) (Entered: 08/26/2019)
2019-10-24		Minute Entry for proceedings held before Judge Ronnie Abrams: Telephone Conference held on 10/24/2019. (arc) (Entered: 10/24/2019)
2019-11-22	29	JOINT LETTER addressed to Judge Ronnie Abrams from Counsel for Plaintiffs and Defendants, Jointly dated November 22, 2019 re: Joint Status Update. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Hinger, Sarah) (Entered: 11/22/2019)
2019-11-25	30	MEMO ENDORSEMENT on re: 29 Letter re: Joint Status Update, filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: Application granted. The parties shall file a joint status letter no later than March 10, 2020. (Signed by Judge Ronnie Abrams on 11/25/2019) (rj) (Entered: 11/25/2019)
2020-02-06		NOTICE OF CASE REASSIGNMENT to Judge Mary Kay Vyskocil. Judge Ronnie Abrams is no longer assigned to the case..(wb) (Entered: 02/06/2020)
2020-03-09	31	LETTER addressed to Judge Mary Kay Vyskocil from Stephen Cha-Kim dated 03/09/2020 re: Status of Production. Document filed by Office of Justice Programs, United States Department of Justice..(Cha-Kim, Stephen) (Entered: 03/09/2020)
2020-03-10	32	MEMO ENDORSEMENT on re: 31 Letter Status of Production filed by United States Department of Justice, Office of Justice Programs. ENDORSEMENT: Application granted. The Parties shall update the Court via a joint letter no later than April 30, 2020. The Parties are also instructed to review this Court's Individual Practices regarding summary judgment motions and pre-motion letters. (Signed by Judge Mary Kay Vyskocil on 3/10/20) (yv) (Entered: 03/10/2020)
2020-04-29	33	JOINT LETTER addressed to Judge Mary Kay Vyskocil from Stephen Cha-Kim dated 4/29/2020 re: Status Update. Document filed by Office of Justice Programs, United States Department of Justice..(Cha-Kim, Stephen) (Entered: 04/29/2020)
2020-04-30	34	MEMO ENDORSEMENT on re: 33 Letter filed by United States Department of Justice, Office of Justice Programs. ENDORSEMENT: Granted. (Signed by Judge Mary Kay Vyskocil on 4/29/2020) (mro) (Entered: 04/30/2020)
2020-05-27	35	NOTICE OF APPEARANCE by Gerardo Romo on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Romo, Gerardo) (Entered: 05/27/2020)
2020-06-25	36	JOINT LETTER addressed to Judge Mary Kay Vyskocil from Sarah Hinger dated June 25, 2020 re: Status of Production. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Hinger, Sarah) (Entered: 06/25/2020)
2020-06-29	37	MEMO ENDORSEMENT on re: 36 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: GRANTED. The Parties should provide a further update to the Court on or before August 24, 2020. (Signed by Judge Mary Kay Vyskocil on 6/29/2020) (mro) (Entered: 06/29/2020)
2020-08-12	38	MOTION for Gerardo Romo to Withdraw as Attorney . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Affidavit).(Romo, Gerardo) (Entered: 08/12/2020)
2020-08-14	39	ORDER granting 38 Motion to Withdraw as Attorney. Attorney Gerardo Romo terminated (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 08/14/2020)
2020-08-24	40	JOINT LETTER addressed to Judge Mary Kay Vyskocil from ACLU dated 8/24/20 re: Status update. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Hinger, Sarah) (Entered: 08/24/2020)
2020-08-25	41	MEMO ENDORSEMENT on re: 40 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: On or before September 9, 2020 the Parties should file a joint letter explaining the basis for the anticipated motions for summary judgment. The Court will set a briefing schedule following receipt of the letter. (Signed by Judge Mary Kay Vyskocil on 8/25/2020) (mro) (Entered: 08/25/2020)
2020-09-09	42	JOINT LETTER addressed to Judge Mary Kay Vyskocil from Amy Belsher dated September 9, 2020 re: Joint Pre-Motion Letter. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Belsher, Amy) (Entered: 09/09/2020)
2020-09-10	43	MEMO ENDORSEMENT on re: 42 Letter filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: GRANTED. The Parties should proceed with briefing on the schedule set forth herein. SO ORDERED ( Cross Motions due by 10/23/2020., Motions due by 10/9/2020., Responses due by 11/6/2020, Replies due by 11/13/2020.) (Signed by Judge Mary Kay Vyskocil on 9/10/2020) (rro) Modified on 9/14/2020 (rro). (Entered: 09/10/2020)
2020-10-07	44	CONSENT LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Mary Kay Vyskocil from Stephen Cha-Kim dated 10/7/2020. Document filed by Office of Justice Programs, United States Department of Justice..(Cha-Kim, Stephen) (Entered: 10/07/2020)
2020-10-08	45	ORDER granting 44 Letter Motion for Extension of Time to File. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/8/2020) (rro) (Entered: 10/08/2020)
2020-10-08		Set/Reset Deadlines: Cross Motions due by 10/30/2020. Responses due by 11/11/2020 Replies due by 11/25/2020. (rro) (Entered: 10/08/2020)
2020-10-16	46	MOTION for Summary Judgment . Document filed by Office of Justice Programs, United States Department of Justice..(Cha-Kim, Stephen) (Entered: 10/16/2020)
2020-10-16	47	MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment . . Document filed by Office of Justice Programs, United States Department of Justice..(Cha-Kim, Stephen) (Entered: 10/16/2020)
2020-10-16	48	DECLARATION of Daniel Gaylord in Support re: 46 MOTION for Summary Judgment .. Document filed by Office of Justice Programs, United States Department of Justice. (Attachments: # 1 Exhibit Index).(Cha-Kim, Stephen) (Entered: 10/16/2020)
2020-10-30	49	CROSS MOTION for Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Responses due by 11/12/2020.(Hinger, Sarah) (Entered: 10/30/2020)
2020-10-30	50	MEMORANDUM OF LAW in Support re: 49 CROSS MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Hinger, Sarah) (Entered: 10/30/2020)
2020-10-30	51	DECLARATION of Sarah Hinger in Support re: 49 CROSS MOTION for Summary Judgment .. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit Index, # 2 Exhibit 1-Excerpts of Nevada OAG Application, # 3 Exhibit 2-Excerpts of Bernalillo County Application, # 4 Exhibit 3-Excerpts of Suffolk County Application, # 5 Exhibit 4-Excerpts of Dallas County Application).(Hinger, Sarah) (Entered: 10/30/2020)
2020-11-11	52	REPLY MEMORANDUM OF LAW in Support re: 46 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Office of Justice Programs, United States Department of Justice..(Cha-Kim, Stephen) (Entered: 11/11/2020)
2020-11-23	53	REPLY MEMORANDUM OF LAW in Support re: 49 CROSS MOTION for Summary Judgment . . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Hinger, Sarah) (Entered: 11/23/2020)
2021-09-27	54	ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT IN PART granting in part and denying in part 46 Motion for Summary Judgment; granting in part and denying in part 49 Motion for Summary Judgment. For the above reasons, Defendants Motion for Summary Judgment is GRANTED in part with respect to: The withheld information subject to Exemption 7(C) at Bates Numbers 1279, 1280, 1565, 1567, 4117, 4119, 4138, 4293, 5956 and 5960. The withheld information subject to Exemption 7(E) at Bates Numbers 1264-1271, 1282, 1283, 1294, 1609, 4292, 4294, 4307 and the Exemption 7(E) redactions on Bates Numbers 1279, 1280, and 1281. The withheld information subject to Exemption 6 at Bates Numbers 1143, 1563-1564, and 1523. Plaintiffs Motion for Summary Judgment is GRANTED in part, in so far as invocation of Exemption 6 is overruled with respect to: The withheld information subject to Exemption 6 at Bates Numbers 1277-1278, 1566, 4118, 4139, 4289, 4290, 4291, 4310, 4423-4430, and 5961 and the information withheld solely on the grounds of Exemption 6 at Bates Number 1281. It is HEREBY ORDERED that this information must be produced on or before October 22, 2021. The Clerk of the Court respectfully is requested to close the motions at ECF Nos. 46 and 49. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/27/2021) (tg) Modified on 10/4/2021 (tg). (Entered: 09/27/2021)
2021-10-06	55	LETTER MOTION for Extension of Time as to documents ordered to be produced addressed to Judge Mary Kay Vyskocil from Alexander J. Hogan dated October 6, 2021. Document filed by Office of Justice Programs, United States Department of Justice..(Hogan, Alexander) (Entered: 10/06/2021)
2021-10-06	56	ORDER granting 55 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/6/2021) (tg) Modified on 10/14/2021 (tg). (Entered: 10/06/2021)
2021-10-21	57	LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Sarah Hinger and Amy Belsher dated 10/21/2021. Document filed by American Civil Liberties Union..(Hinger, Sarah) (Entered: 10/21/2021)
2021-10-22	58	ORDER granting 57 Letter Motion to Stay re: 57 LETTER MOTION to Stay addressed to Judge Mary Kay Vyskocil from Sarah Hinger and Amy Belsher dated 10/21/2021. Granted. So Ordered. (Signed by Judge Mary Kay Vyskocil on 10/22/2021) (js) (Entered: 10/22/2021)
2021-12-15	59	LETTER addressed to Judge Mary Kay Vyskocil from Alexander J. Hogan dated December 15, 2021 re: status update. Document filed by Office of Justice Programs, United States Department of Justice..(Hogan, Alexander) (Entered: 12/15/2021)
2021-12-20	60	MEMO ENDORSEMENT on re: 59 Letter filed by United States Department of Justice, Office of Justice Programs. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/20/2021) (tg) (Entered: 12/20/2021)
2022-02-08	61	PROPOSED STIPULATION AND ORDER. Document filed by Office of Justice Programs, United States Department of Justice..(Hogan, Alexander) (Entered: 02/08/2022)
2022-02-08	62	STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in Paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 2. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, Defendants shall pay to Plaintiffs the sum of $35,000 (THIRTY-FIVE THOUSAND DOLLARS) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept as full payment of any attorneys' fees and costs Plaintiffs have incurred or will incur in this action. Counsel for Plaintiffs will provide the necessary information to Defendants to effectuate payment. 3. This Stipulation and Order does not constitute, and shall not be construed as, an admission by Defendants or any other agency or component of the United States that Plaintiffs are either eligible or entitled to recover attorneys' fees or costs in connection with this matter. 4. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that 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. Any obligation of the Government to expend funds under this Stipulation and Order is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation and Order shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. 6. Facsimile or pdf signatures shall have the same force and effect as original signatures on this Stipulation and Order. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 2/8/2022) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 02/08/2022)
Hide Docket Events