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Case TitleNBCUniversal Media, LLC et al v. U.S. Department of Homeland Security Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv00280
Date Filed2020-01-13
Date Closed2023-02-16
JudgeJudge Denise L. Cote
PlaintiffNBCUniversal Media, LLC
PlaintiffHannah Rappleye
Case DescriptionNBC reporter Hannah Rappleye submitted two FOIA requests to the Department of Homeland Security for records concerning detainees who died in the custody of U.S. Immigration and Customs Enforcement during 2018 and 2019. In response to her 2018 request, ICE told Rappleye that a list of detainees who died in ICE custody was available on the agency's website. Rappleye filed an administrative appeal of that decision, arguing that the data elements available on the website were far less than publicly available in prior years. In response to her 2019 request, ICE told Rappleye that the information was exempt under Exemption 7(A) (ongoing investigation or proceeding). Rappleye filed an administrative appeal of that decision as well. However, after hearing nothing further from the agency pertaining to either request, Rappleye filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security Immigration and Customs Enforcement
Documents
Docket
Complaint
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-131COMPLAINT against U.S. Department of Homeland Security Immigration and Customs Enforcement. Document filed by NBCUniversal Media, LLC, Hannah Rappleye.(Bierbauer, Erik) (Entered: 01/13/2020)
2020-01-132CIVIL COVER SHEET filed. (Bierbauer, Erik) (Entered: 01/13/2020)
2020-01-133FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to, re: 1 Complaint. Document filed by NBCUniversal Media, LLC, Hannah Rappleye. (Bierbauer, Erik) Modified on 1/14/2020 (gp). (Entered: 01/13/2020)
2020-01-134RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation for NBCUniversal Media, LLC. Document filed by NBCUniversal Media, LLC.(Bierbauer, Erik) (Entered: 01/13/2020)
2020-01-14CASE 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 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 . (gp) (Entered: 01/14/2020)
2020-01-14Magistrate Judge Ona T. Wang 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 . (gp) (Entered: 01/14/2020)
2020-01-14Case Designated ECF. (gp) (Entered: 01/14/2020)
2020-01-14***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Erik Bierbauer to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on 'As to' docket entry text was omitted. 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. (gp) (Entered: 01/14/2020)
2020-01-165REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security Immigration and Customs Enforcement, re: 1 Complaint. Document filed by NBCUniversal Media, LLC, Hannah Rappleye. (Bierbauer, Erik) (Entered: 01/16/2020)
2020-01-176ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security Immigration and Customs Enforcement. (dnh) (Entered: 01/17/2020)
2020-01-247AFFIDAVIT OF SERVICE of Summons and Complaint. U.S. Department of Homeland Security Immigration and Customs Enforcement served on 1/23/2020, answer due 2/13/2020. Service was made by Mail. Document filed by NBCUniversal Media, LLC; Hannah Rappleye. (Bierbauer, Erik) (Entered: 01/24/2020)
2020-02-038NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice) Initial Conference set for 4/3/2020 at 10:00 AM 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 1/31/2020) (gr) (Entered: 02/03/2020)
2020-02-209CONSENT LETTER MOTION for Extension of Time to File Answer to Complaint addressed to Judge Denise L. Cote from Charles S. Jacob dated February 20, 2020. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 02/20/2020)
2020-02-2110ORDER granting 9 Letter Motion for Extension of Time to Answer re 1 Complaint. It is hereby ORDERED that defendant's deadline to answer, move, or otherwise respond to the complaint is extended to March 9, 2020. (U.S. Department of Homeland Security Immigration and Customs Enforcement answer due 3/9/2020.) (Signed by Judge Denise L. Cote on 2/20/20) (yv) (Entered: 02/21/2020)
2020-03-0911ANSWER to 1 Complaint. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 03/09/2020)
2020-03-2012ORDER: This action was filed on January 13, 2020. On February 3, an initial conference was scheduled to occur on April 3, 2020 at 10:00 a.m. Accordingly, it is hereby ORDERED that a telephone conference is scheduled for April 3 at 10:00 a.m. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access code: 4324948. IT IS FURTHER ORDERED that the parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 3/20/2020) (rj) (Entered: 03/20/2020)
2020-04-0213JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated April 2, 2020 re: In Advance of Initial Conference. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 04/02/2020)
2020-04-0214MEMO ENDORSEMENT on re: 13 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: So Ordered. The April 3 Conference is cancelled. The parties shall submit a status letter by July 1, 2020. ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (Signed by Judge Denise L. Cote on 4/2/2020) (jca) (Entered: 04/02/2020)
2020-04-1515JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated April 15, 2020 re: Joint Status Report. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 04/15/2020)
2020-04-1616MEMO ENDORSEMENT on re: 15 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: The parties shall submit a status letter by April 30, 2020. (Signed by Judge Denise L. Cote on 4/16/2020) (rro) (Entered: 04/16/2020)
2020-04-3017JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated April 30, 2020 re: Joint Status Report. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 04/30/2020)
2020-05-0118MEMO ENDORSEMENT on re: 17 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: So ordered. The parties shall submit a joint status letter by July 15, 2020. (Signed by Judge Denise L. Cote on 5/1/2020) (jca) (Entered: 05/01/2020)
2020-07-0219CONSENT LETTER MOTION for Extension of Time Regarding Next ICE FOIA Production addressed to Judge Denise L. Cote from Charles S. Jacob dated July 2, 2020. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 07/02/2020)
2020-07-0620ORDER granting 19 Letter Motion for Extension of Time: Granted. (Signed by Judge Denise L. Cote on 7/6/2020) (jwh) (Entered: 07/06/2020)
2020-07-2321JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated July 23, 2020 re: Joint Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 07/23/2020)
2020-07-2422MEMO ENDORSEMENT on re: 21 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Status letter due October 15. (Signed by Judge Denise L. Cote on 7/23/2020) (jca) (Entered: 07/24/2020)
2020-10-1523JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated October 15, 2020 re: Joint Status Report. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 10/15/2020)
2020-10-1624MEMO ENDORSEMENT on re: 23 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Status report is due 2/15/21. (Signed by Judge Denise L. Cote on 10/16/2020) (jca) (Entered: 10/16/2020)
2021-02-1625JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated February 16, 2021 re: Joint Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 02/16/2021)
2021-02-1726MEMO ENDORSEMENT on re: 25 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: A status letter is due May 21, 2021. (Signed by Judge Denise L. Cote on 2/17/2021) (jca) (Entered: 02/17/2021)
2021-06-0127JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated June 1, 2021 re: Joint Status Letter. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 06/01/2021)
2021-06-0128MEMO ENDORSEMENT on re: 27 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/1/2021) (cf) (Entered: 06/01/2021)
2021-09-1029JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated September 10, 2021 re: Joint Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 09/10/2021)
2021-09-1030MEMO ENDORSEMENT on re: 29 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Status report is due 1/28/22. (Signed by Judge Denise L. Cote on 9/10/2021) (vfr) (Entered: 09/10/2021)
2022-01-2731JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated January 27, 2022 re: Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 01/27/2022)
2022-01-2732MEMO ENDORSEMENT on re: 31 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Status letter is due 4/15/22. (Signed by Judge Denise L. Cote on 1/27/2022) (vfr) (Entered: 01/27/2022)
2022-04-1533JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated April 15, 2022 re: Joint Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 04/15/2022)
2022-04-1534MEMO ENDORSEMENT on re: 33 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Status letter is due 7/15/22. (Signed by Judge Denise L. Cote on 4/15/2022) (vfr) (Entered: 04/15/2022)
2022-07-2235JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated July 22, 2022 re: Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 07/22/2022)
2022-07-2836MEMO ENDORSEMENT on re: 35 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Status report is due 9/9/2022. (Signed by Judge Denise L. Cote on 7/28/2022) (vfr) (Entered: 07/28/2022)
2022-09-0937JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated September 9, 2022 re: Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 09/09/2022)
2022-09-2238MEMO ENDORSEMENT on re: 37 Letter Status Update filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT : Status update is due 12/1/22. (Signed by Judge Denise L. Cote on 9/22/22) (yv) (Entered: 09/22/2022)
2022-12-0139JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated December 1, 2022 re: Joint Status Report. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 12/01/2022)
2022-12-0140MEMO ENDORSEMENT on re: 39 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 12/1/2022) (vfr) (Entered: 12/01/2022)
2022-12-2241JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated December 22, 2022 re: Joint Status Report. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 12/22/2022)
2022-12-2342MEMO ENDORSEMENT on re: 41 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Approved. (Signed by Judge Denise L. Cote on 12/23/2022) (ate) (Entered: 12/23/2022)
2023-01-2443LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated January 24, 2023 re: Joint Status Update. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 01/24/2023)
2023-01-2644MEMO ENDORSEMENT on re: 43 Letter filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/26/2023) (vfr) (Entered: 01/26/2023)
2023-02-1545STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) U.S. Department of Homeland Security Immigration and Customs Enforcement and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Jacob, Charles) (Entered: 02/15/2023)
2023-02-1546JOINT LETTER addressed to Judge Denise L. Cote from Charles S. Jacob dated February 15, 2023 re: Update Regarding Voluntary Dismissal of this Action. Document filed by U.S. Department of Homeland Security Immigration and Customs Enforcement..(Jacob, Charles) (Entered: 02/15/2023)
2023-02-1647STIPULATION OF VOLUNTARY DISMISSAL PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that this action is hereby voluntarily dismissed against all Defendants, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and without costs or fees to either party. So Ordered. (Signed by Judge Denise L. Cote on 2/15/2023) (va) (Entered: 02/16/2023)
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