| Date Filed | Doc # | Docket Text |
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| 2019-12-11 | 1 | COMPLAINT against Customs and Border Protection, Immigration and Customs Enforcement. Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A: Request, # 2 Exhibit B: ICE correspondence, # 3 Exhibit C: CBP correspondence)(Wessler, Nathan) (Entered: 12/11/2019) |
| 2019-12-11 | 2 | CIVIL COVER SHEET filed. (Wessler, Nathan) (Entered: 12/11/2019) |
| 2019-12-11 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union.(Wessler, Nathan) (Entered: 12/11/2019) |
| 2019-12-11 | 4 | FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Customs and Border Protection, re: 1 Complaint,. Document filed by American Civil Liberties Union. (Wessler, Nathan) Modified on 12/12/2019 (jgo). (Entered: 12/11/2019) |
| 2019-12-11 | 5 | FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Civil Liberties Union. (Wessler, Nathan) Modified on 12/12/2019 (jgo). (Entered: 12/11/2019) |
| 2019-12-12 | | Civil Case Opening Fee Paid electronically via Pay.gov: for 1 Complaint,. Filing fee $ 400.00. Pay.gov receipt number ANYSDC-18258254, paid on 12/11/2019. (gp) (Entered: 12/12/2019) |
| 2019-12-12 | | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nathan Freed Wessler. The party information for the following party/parties has been modified: United States Customs and Border Protection; United States Immigration and Customs Enforcement. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 12/12/2019) |
| 2019-12-12 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . (jgo) (Entered: 12/12/2019) |
| 2019-12-12 | | Magistrate Judge Barbara C. Moses is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 12/12/2019) |
| 2019-12-12 | | Case Designated ECF. (jgo) (Entered: 12/12/2019) |
| 2019-12-12 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathan Freed Wessler to RE-FILE Document No. 5 Request for Issuance of Summons, 4 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match pleading caption; party name on the PDF 'To' section is not a party of record. Party of record must be listed followed by 'care of c/o' or 'via' party name not of record;. 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. (jgo) (Entered: 12/12/2019) |
| 2019-12-12 | 6 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by American Civil Liberties Union. (Wessler, Nathan) (Entered: 12/12/2019) |
| 2019-12-12 | 7 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Civil Liberties Union. (Wessler, Nathan) (Entered: 12/12/2019) |
| 2019-12-13 | 8 | ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection. (dnh) (Entered: 12/13/2019) |
| 2019-12-13 | 9 | ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 12/13/2019) |
| 2019-12-16 | 10 | NOTICE OF APPEARANCE by Christopher T Dunn on behalf of American Civil Liberties Union. (Dunn, Christopher) (Entered: 12/16/2019) |
| 2019-12-16 | 11 | NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of American Civil Liberties Union. (Hodgson, Robert) (Entered: 12/16/2019) |
| 2019-12-21 | 12 | NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of United States Customs and Border Protection, United States Immigration and Customs Enforcement. (Lee, Casey) (Entered: 12/21/2019) |
| 2019-12-23 | 13 | SUMMONS RETURNED EXECUTED (FOIA CASE). United States Customs and Border Protection served on 12/16/2019, answer due 1/15/2020. Service was made by Mail. Document filed by American Civil Liberties Union. (Wessler, Nathan) (Entered: 12/23/2019) |
| 2019-12-23 | 14 | SUMMONS RETURNED EXECUTED (FOIA CASE). United States Immigration and Customs Enforcement served on 12/16/2019, answer due 1/15/2020. Service was made by Mail. Document filed by American Civil Liberties Union. (Wessler, Nathan) (Entered: 12/23/2019) |
| 2019-12-30 | 15 | NOTICE OF APPEARANCE by Brett Max Kaufman on behalf of American Civil Liberties Union. (Kaufman, Brett) (Entered: 12/30/2019) |
| 2020-01-08 | 16 | NOTICE OF COURT CONFERENCE: Initial Conference set for 2/3/2020 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 1/8/2020) (jwh) (Main Document 16 replaced on 1/8/2020) (jwh). (Entered: 01/08/2020) |
| 2020-01-21 | 17 | ANSWER to 1 Complaint,. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement.(Lee, Casey) (Entered: 01/21/2020) |
| 2020-02-03 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 2/3/2020, Oral Argument to be held on 2/3/2020 re: 16 Order for Initial Pretrial Conference, Defts I.C.E. and C.B.P. reports due March 3, 2020. (Kotowski, Linda) (Entered: 02/03/2020) |
| 2020-02-18 | 18 | PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Tarczynska, Dominika) (Entered: 02/18/2020) |
| 2020-02-18 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 5/26/2020 at 02:00 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered: 02/19/2020) |
| 2020-02-18 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/18/2020, Case Stay Lifted, ( Motions due by 4/23/2020., Replies due by 5/14/2020., Responses due by 5/7/2020). A finsl pretrial conference will be heard on May 26, 2020 at 2:00pm (Kotowski, Linda) (Entered: 02/21/2020) |
| 2020-02-27 | 19 | TRANSCRIPT of Proceedings re: CONFERENCE held on 2/3/2020 before Judge Jed S. Rakoff. 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 3/19/2020. Redacted Transcript Deadline set for 3/30/2020. Release of Transcript Restriction set for 5/27/2020..(McGuirk, Kelly) (Entered: 02/27/2020) |
| 2020-04-13 | 20 | NOTICE OF APPEARANCE by Alexia Ramirez on behalf of American Civil Liberties Union..(Ramirez, Alexia) (Entered: 04/13/2020) |
| 2020-04-15 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/15/2020. Counsel for both sides are present. (tro) (Entered: 04/16/2020) |
| 2020-04-16 | | MEMORANDUM TO THE DOCKET CLERK: The Final PTC in ACLU v. CBP, et al. (19-cv-11311) has been moved from 5/26 to 7/15/2020 at 4:00 pm.(kgo) (Entered: 04/16/2020) |
| 2020-04-16 | | Set/Reset Hearings: Final Pretrial Conference set for 7/15/2020 at 04:00 PM before Judge Jed S. Rakoff. (kgo) (Entered: 04/16/2020) |
| 2020-05-22 | 21 | MOTION for Summary Judgment . Document filed by American Civil Liberties Union. Responses due by 6/12/2020.(Ramirez, Alexia) (Entered: 05/22/2020) |
| 2020-05-22 | 22 | MEMORANDUM OF LAW in Support re: 21 MOTION for Summary Judgment . . Document filed by American Civil Liberties Union..(Ramirez, Alexia) (Entered: 05/22/2020) |
| 2020-05-22 | 23 | DECLARATION of Alexia Ramirez in Support re: 21 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A - DHS Policy on Cell Site Simulators, # 2 Exhibit B - House Oversight Committee Report, # 3 Exhibit C - Detroit News Article, # 4 Exhibit D - Plaintiff's Freedom of Information Act Request, # 5 Exhibit E - CBP Final Response Letter (May 24, 2017), # 6 Exhibit F - Plaintiff's Appeal of CBP Final Response (June 19, 2017), # 7 Exhibit G - CBP Letter Responding to Appeal (July 13, 2017), # 8 Exhibit H - ICE Final Response Letter (Sept. 20, 2017), # 9 Exhibit I - Plaintiff's Email to ICE (Sept. 20, 2017), # 10 Exhibit J - ICE Response to Email (Oct. 18, 2017), # 11 Exhibit K - Univision Article, # 12 Exhibit L - Conference Transcript (Feb. 3, 2020), # 13 Exhibit M - CBP Final Response Letter (Mar. 26, 2020), # 14 Exhibit N - ICE Initial Production Letter (Mar. 4, 2020), # 15 Exhibit O - ICE Supplemental Production Letter (Apr. 28, 2020), # 16 Exhibit P - ICE Second Supplemental Production Letter (May 20, 2020), # 17 Exhibit Q - ICE Third Supplemental Production Letter (May 21, 2020), # 18 Exhibit R - DHS Letter to Senator Wyden (Dec. 4, 2017), # 19 Exhibit S - DHS Letter to Senator Franken (Nov. 2017)).(Ramirez, Alexia) (Entered: 05/22/2020) |
| 2020-06-12 | 24 | MOTION for Summary Judgment . Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 06/12/2020) |
| 2020-06-12 | 25 | MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment . and in Opposition to Plaintiff's Motion for Summary Judgment 21 . Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 06/12/2020) |
| 2020-06-12 | 26 | DECLARATION of Patrick A. Howard in Support re: 24 MOTION for Summary Judgment .. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 06/12/2020) |
| 2020-06-12 | 27 | DECLARATION of Steven J. Griffin in Support re: 24 MOTION for Summary Judgment .. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 06/12/2020) |
| 2020-06-12 | 28 | DECLARATION of Erick Funn in Support re: 24 MOTION for Summary Judgment .. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 06/12/2020) |
| 2020-06-12 | 29 | DECLARATION of James V.M.L. Holzer in Support re: 24 MOTION for Summary Judgment .. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 06/12/2020) |
| 2020-06-26 | 30 | SUPPLEMENTAL MOTION for Summary Judgment . Document filed by American Civil Liberties Union..(Ramirez, Alexia) (Entered: 06/26/2020) |
| 2020-06-26 | 31 | REPLY MEMORANDUM OF LAW in Support re: 30 SUPPLEMENTAL MOTION for Summary Judgment ., 21 MOTION for Summary Judgment . and Opposition re: 24 Defendants' Cross-Motion for Summary Judgment . Document filed by American Civil Liberties Union..(Ramirez, Alexia) (Entered: 06/26/2020) |
| 2020-06-26 | 32 | DECLARATION of Nathan Freed Wessler in Support re: 30 SUPPLEMENTAL MOTION for Summary Judgment ., 21 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A - Letter to Sen. Franken, # 2 Exhibit B - Stingray Tracking Devices: Who's Got Them?, # 3 Exhibit C - ICE Cell Site Simulator Policy, # 4 Exhibit D - 2012 FOIA Response Christopher Soghoian, # 5 Exhibit E - Wilmington Police Department Invoice, # 6 Exhibit F - City of Durham Purchase Order, # 7 Exhibit G - Harris Corp. Kingfish Brochure, # 8 Exhibit H - Harris Corp. AmberJack Brochure, # 9 Exhibit I - Harris Corp. Kingfish Product Information and Pricing Sheet, # 10 Exhibit J - DOJ Cell Site Simulator Policy, # 11 Exhibit K - DOJ Electronic Surveillance Manual Excerpt, # 12 Exhibit L - Oakland Police Department Cell Site Simulator Policy, # 13 Exhibit M - Erie County Sheriff's Cellular Tracking Procedures, # 14 Exhibit N - Tallahassee Police Department Cell Site Simulator Usage Log, # 15 Exhibit O - NYPD Over the Air Intercepts Log, # 16 Exhibit P - Jonathan Mayer Congressional Testimony, # 17 Exhibit Q - DHS Cellular Threats Presentation, # 18 Exhibit R - DOJ Letter to Sen. Wyden).(Ramirez, Alexia) (Entered: 06/26/2020) |
| 2020-07-06 | 33 | REPLY MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment . . Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 07/06/2020) |
| 2020-07-06 | 34 | DECLARATION of James V.M.L. Holzer [Supplemental] in Support re: 24 MOTION for Summary Judgment .. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 07/06/2020) |
| 2020-07-08 | | NOTICE: Telephonic argument will be heard July 15 at 4:00pm. Toll free dial in USA : 888-363-4735. International caller paid 215-446-3657, access code 1086415..(Kotowski, Linda) (Entered: 07/08/2020) |
| 2020-07-10 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/10/2020. (Kotowski, Linda) (Entered: 07/10/2020) |
| 2020-07-10 | 35 | DECLARATION of Nathan Freed Wessler in Support re: 30 SUPPLEMENTAL MOTION for Summary Judgment ., 21 MOTION for Summary Judgment .. Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit T - CSS Canvassing Warrant Go-By, # 2 Exhibit U - CSS Locating Warrant Go-By, # 3 Exhibit V - 2017 ED Mich warrant, # 4 Exhibit W - 2019 EDNY warrant, # 5 Exhibit X - 2015 D Vt warrant, # 6 Exhibit Y - 2015 ND Ill warrant, # 7 Exhibit Z - 2018 WDNY warrant, # 8 Exhibit AA - Undredacted page of Wyden Letter, # 9 Exhibit BB - Unredacted page of Franken Communication).(Wessler, Nathan) (Entered: 07/10/2020) |
| 2020-07-13 | 36 | PROPOSED STIPULATION AND ORDER. Document filed by American Civil Liberties Union..(Ramirez, Alexia) (Entered: 07/13/2020) |
| 2020-07-13 | 37 | STIPULATION REGARDING CERTAIN ICE RECORDS: In order to avoid unnecessary expenditure of litigation resources, the parties agree and stipulate as follows: a. Plaintiff agrees not to challenge ICE's redactions to the final or draft versions of the PTA or the draft PIA in this action, and as further set forth in this stipulation. (Signed by Judge Jed S. Rakoff on 7/13/2020) (jwh) (Entered: 07/13/2020) |
| 2020-07-15 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/15/2020. (Kotowski, Linda) (Entered: 07/15/2020) |
| 2020-07-17 | 38 | ORDER: While the Court believes it is the Government's burden to justify the applicability of any exemption under the Freedom of Information Act ("FOIA"), and while the affidavits submitted by the Government may arguably be insufficient to carry this burden, the Court has now reviewed the two remaining disputed documents in the above-captioned matter in camera. The Court finds that the redacted information therein meets the requirements of FOIA Exemption 7(E). However, the Court will file unredacted versions of the two documents under seal so that they are available for any potential appellate proceedings. (Signed by Judge Jed S. Rakoff on 7/17/2020) (jwh) (Entered: 07/17/2020) |
| 2020-07-20 | 39 | SEALED DOCUMENT placed in vault.(mhe) (Entered: 07/20/2020) |
| 2020-07-28 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/28/2020. (Kotowski, Linda) (Entered: 07/28/2020) |
| 2020-08-28 | 40 | PROPOSED STIPULATION AND ORDER. Document filed by United States Customs and Border Protection, United States Immigration and Customs Enforcement..(Simon, Jennifer) (Entered: 08/28/2020) |
| 2020-08-31 | 41 | STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL... IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, ICE shall pay to ACLU via electronic funds transfer the sum of SEVEN THOUSAND THREE HUNDRED FIFTY NINE DOLLARS AND FORTY THREE CENTS ($7,359.43) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum ACLU agrees to accept in complete satisfaction of any and all claims by ACLU for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for ACLU will provide the necessary information for ICE to effectuate the electronic funds transfer. 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, as well as the parties' earlier Stipulation Regarding Ce1iain ICE Records, see ECF No. 37. This Stipulation and Order shall not constitute and admission of liability or fault on the part of ICE, CBP or the United States or their agents, servants, or employees, and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against ICE, CBP, the United States, or any agency or instrumentality of the United States. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. SO ORDERED. (Signed by Judge Jed S. Rakoff on 8/31/20) (yv) (Entered: 08/31/2020) |
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