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Case TitleAmerican Civil Liberties Union et al v. U.S. Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv02213
Date Filed2020-03-12
Date Closed2022-01-07
JudgeJudge Naomi Reice Buchwald
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
Case DescriptionThe ACLU submitted a FOIA request to the Department of Homeland Security for records concerning the use of facial recognition at airports and the border. The ACLU also requested expedited processing and a fee waiver. The agency components acknowledged receipt of the request. ICE granted the ACLU's request for a fee waiver. After hearing nothing further the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Customs and Border Protection
DefendantTransportation Security Administration
DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-121COMPLAINT against Transportation Security Administration, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-19090930)Document filed by American Civil Liberties Union Foundation, American Civil Liberties Union. (Attachments: # 1 Exhibit A).(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-122CIVIL COVER SHEET filed..(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-123REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-124REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-125REQUEST FOR ISSUANCE OF SUMMONS as to Transportation Security Administration, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-126REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-127RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 03/12/2020)
2020-03-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . .(pc) (Entered: 03/13/2020)
2020-03-13Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 03/13/2020)
2020-03-13Case Designated ECF. (pc) (Entered: 03/13/2020)
2020-03-138ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(pc) (Entered: 03/13/2020)
2020-03-139ELECTRONIC SUMMONS ISSUED as to U.S. Customs and Border Protection..(pc) (Entered: 03/13/2020)
2020-03-1310ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement..(pc) (Entered: 03/13/2020)
2020-03-1311ELECTRONIC SUMMONS ISSUED as to Transportation Security Administration..(pc) (Entered: 03/13/2020)
2020-03-2012NOTICE OF APPEARANCE by Patrick Christopher Toomey on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Toomey, Patrick) (Entered: 03/20/2020)
2020-03-2013NOTICE OF APPEARANCE by Nathan Freed Wessler on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Wessler, Nathan) (Entered: 03/20/2020)
2020-03-2014NOTICE OF APPEARANCE by Beth Haroules on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Haroules, Beth) (Entered: 03/20/2020)
2020-03-2015NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Hodgson, Robert) (Entered: 03/20/2020)
2020-03-2716NOTICE OF APPEARANCE by Jennifer Ann Jude on behalf of Transportation Security Administration, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Jude, Jennifer) (Entered: 03/27/2020)
2020-03-3017AFFIDAVIT OF SERVICE (FOIA CASE). Transportation Security Administration served on 3/14/2020, answer due 4/13/2020; U.S. Customs and Border Protection served on 3/14/2020, answer due 4/13/2020; U.S. Department of Homeland Security served on 3/14/2020, answer due 4/13/2020; U.S. Immigration and Customs Enforcement served on 3/14/2020, answer due 4/13/2020. Service was made by Mail. Document filed by American Civil Liberties Union Foundation; American Civil Liberties Union..(Gorski, Ashley) (Entered: 03/30/2020)
2020-04-1518ANSWER to 1 Complaint,. Document filed by Transportation Security Administration, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Jude, Jennifer) (Entered: 04/15/2020)
2020-05-0819STATUS REPORT. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 05/08/2020)
2020-05-1120MEMO ENDORSEMENT: on re: 19 Status Report filed by American Civil Liberties Union, American Civil Liberties Union Foundation. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/11/2020) (ama) (Entered: 05/11/2020)
2020-05-2221JOINT LETTER addressed to Judge Naomi Reice Buchwald from Jennifer Jude dated 5/22/20 re: Status Update. Document filed by Transportation Security Administration, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Jude, Jennifer) (Entered: 05/22/2020)
2020-05-2622MEMO ENDORSEMENT on re: 21 Letter, filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, Transportation Security Administration. ENDORSEMENT: SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 5/26/2020) (mro) (Entered: 05/27/2020)
2020-06-0823NOTICE OF APPEARANCE by Charles Hogle on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation..(Hogle, Charles) (Entered: 06/08/2020)
2020-07-0324JOINT LETTER addressed to Judge Naomi Reice Buchwald from Ashley Gorski dated 7/3/2020 re: Proposed Processing Schedules. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 07/03/2020)
2020-07-0725ORDER: The Court has reviewed the proposed processing schedules set forth in the joint letter filed on July 3, 2020. ICE, CBP, and TSA shall process at least 250, 250, and 750 pages per month, respectively, and release all responsive, non-exempt records on the first business day on or after the 30th day of each month, including this month, or earlier until they have released all responsive, non-exempt records to plaintiffs. If the final number of potentially responsive pages from ICE, CBP, or TSA significantly exceeds the present estimates of 1,013, 1,144 and 2,621, respectively, then plaintiffs may request that the Court increase the number of pages that the pertinent agency is required to process each month, and the pertinent agency may submit declarations in support of the number of pages that it maintains it can reasonably process each month. Similarly, if TSA cannot reasonably process at least 750 pages per month, then it may submit declarations in support of the number of pages that it maintains it can reasonably process each month. After DHS identifies its number of potentially responsive pages, the parties shall confer regarding a processing schedule. If the parties cannot agree on a schedule for processing DHS's records, then the parties shall submit a joint letter to the Court stating their respective proposed processing schedules. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 7/7/2020) (jca) (Entered: 07/07/2020)
2022-01-0626PROPOSED STIPULATION AND ORDER. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation..(Gorski, Ashley) (Entered: 01/06/2022)
2022-01-0727STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by Defendants and their payment of attorney's fees and litigation costs fully settle any and all claims ACLU now has or may hereafter acquire against Defendants or the United States of America (the "United States"), or any department, agency, officer, or employee of DHS, CBP, TSA, ICE, and/or the United States, arising out of ACLU's FOIA request at issue in this action, except as described in paragraph 2. 2. As soon as practicable after the Court has approved and docketed this Stipulationand Order, and following ACLU's provision of payment-related information to Defendants, Defendants shall pay to ACLU (or to another entity at ACLU's request) the sum of $10,000 in attorne's fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), $600 of which will be paid by DHS, $5,000 of which will be paid by CBP, $3,700 of which will be paid by TSA, and $700 of which will be paid by ICE, which total sum ACLU agrees to accept as full payment and satisfaction of any attorney's fees and costs ACLU has incurred or will incur in this action for services performed up to the date of this Stipulation and Order. Any subsequent claim for attorney's fees and costs in connection with this matter will be limited to a claim for fees and/or costs in connection with any future application to enforce the Stipulation and Order, as further set forth. 6. 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. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/7/2022) (mml) (Entered: 01/07/2022)
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