| Date Filed | Doc # | Docket Text |
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| 2020-12-02 | 1 | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against American Civil Liberties Union. (Filing Fee $ 402.00, Receipt Number ANYSDC-22841172)Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - CBP Correspondence, # 3 Exhibit C - DHS Correspondence, # 4 Exhibit D - ICE Correspondence).(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020) |
| 2020-12-02 | 2 | FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020) |
| 2020-12-02 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/02/2020) |
| 2020-12-02 | 4 | STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:19-cv-11311 (JSR). Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/02/2020) |
| 2020-12-02 | 5 | FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020) |
| 2020-12-02 | 6 | FILING ERROR - SUMMONS REQUEST PDF ERROR - 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) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020) |
| 2020-12-02 | 7 | FILING ERROR - SUMMONS REQUEST PDF ERROR - 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) Modified on 12/3/2020 (jgo). (Entered: 12/02/2020) |
| 2020-12-03 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nathan Freed Wessler to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): 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: 12/03/2020) |
| 2020-12-03 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Nathan Freed Wessler to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): the similar case number is on the wrong section of the PDF;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 12/03/2020) |
| 2020-12-03 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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: 12/03/2020) |
| 2020-12-03 | | Magistrate Judge Kevin Nathaniel Fox 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: 12/03/2020) |
| 2020-12-03 | | Case Designated ECF. (jgo) (Entered: 12/03/2020) |
| 2020-12-03 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nathan Freed Wessler to RE-FILE Document No. 6 Request for Issuance of Summons, 5 Request for Issuance of Summons, 7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; the FOIA summons form must be used. 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: 12/03/2020) |
| 2020-12-03 | 8 | COMPLAINT against United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - CBP Correspondence, # 3 Exhibit C - DHS Correspondence, # 4 Exhibit D - ICE Correspondence).(Wessler, Nathan) (Entered: 12/03/2020) |
| 2020-12-03 | 9 | CIVIL COVER SHEET filed..(Wessler, Nathan) (Entered: 12/03/2020) |
| 2020-12-03 | 10 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 8 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/03/2020) |
| 2020-12-03 | 11 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 8 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/03/2020) |
| 2020-12-03 | 12 | REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 8 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/03/2020) |
| 2020-12-04 | 13 | NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 4/8/2021 at 09:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 12/4/2020) (jca) (Entered: 12/04/2020) |
| 2020-12-04 | 14 | ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(dnh) (Entered: 12/04/2020) |
| 2020-12-04 | 15 | ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection..(dnh) (Entered: 12/04/2020) |
| 2020-12-04 | 16 | ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement..(dnh) (Entered: 12/04/2020) |
| 2020-12-28 | 17 | NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 12/28/2020) |
| 2020-12-28 | 18 | AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Homeland Security served on 12/28/2020, answer due 1/27/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2020) |
| 2020-12-28 | 19 | AFFIDAVIT OF SERVICE (FOIA CASE). United States Customs and Border Protection served on 12/28/2020, answer due 1/27/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2020) |
| 2020-12-28 | 20 | AFFIDAVIT OF SERVICE (FOIA CASE). United States Immigration and Customs Enforcement served on 12/28/2020, answer due 1/27/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2020) |
| 2021-01-14 | 21 | NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 01/14/2021) |
| 2021-01-27 | 22 | ANSWER to 8 Complaint,. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 01/27/2021) |
| 2021-02-01 | 23 | NOTICE OF APPEARANCE by Ashley Marie Gorski on behalf of American Civil Liberties Union..(Gorski, Ashley) (Entered: 02/01/2021) |
| 2021-03-29 | 24 | JOINT LETTER MOTION for Conference (telephonic) addressed to Judge Paul G. Gardephe from Nathan Freed Wessler dated March 29, 2021. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 03/29/2021) |
| 2021-04-01 | 25 | ORDER granting 24 Letter Motion for Conference re: 24 JOINT LETTER MOTION for Conference (telephonic) addressed to Judge Paul G. Gardephe from Nathan Freed Wessler dated March 29, 2021. The conference currently scheduled for April 8, 2021 will take place by telephone. The parties are directed to dial 888-363-4749 to participate, and to enter the access code 6212642. The press and public may obtain access to the telephone conference by dialing the same number and using the same access code. The Court is holding multiple telephone conferences on this date. The parties should call in at the scheduled time and wait on the line for their case to be called. At that time, the Court will un-mute the parties' lines. Two days before the conference, the parties must email Michael_Ruocco@nysd.uscourts.gov and GardepheNYSDChambers@nysd.uscourts.gov with the phone numbers that the parties will be using to dial into the conference so that the Court knows which numbers to un-mute. The email should include the case name and case number in the subject line. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/1/2021) (jca) (Entered: 04/01/2021) |
| 2021-04-01 | 26 | JOINT PRE-CONFERENCE STATEMENT . Document filed by American Civil Liberties Union. (Attachments: # 1 Proposed case management plan).(Wessler, Nathan) (Entered: 04/01/2021) |
| 2021-04-02 | 27 | NOTICE OF APPEARANCE by Amy Belsher on behalf of American Civil Liberties Union..(Belsher, Amy) (Entered: 04/02/2021) |
| 2021-04-02 | 28 | NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of American Civil Liberties Union..(Hodgson, Robert) (Entered: 04/02/2021) |
| 2021-04-08 | 29 | NOTICE OF APPEARANCE by Christopher Thomas Dunn on behalf of American Civil Liberties Union..(Dunn, Christopher) (Entered: 04/08/2021) |
| 2021-04-08 | | Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 4/8/2021. (Court Reporter Rose Prater) (mr) (Entered: 04/09/2021) |
| 2021-04-09 | 30 | ORDER: Plaintiff American Civil Liberties Union ("ACLU") filed a FOIA request seeking records from the U.S. Department of Homeland Security ("DHS"), U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement ("ICE") (collectively, "Defendants") regarding their purchase and use of cell phone location data. As discussed at yesterday's conference, the Government will file a declaration from ICE explaining its position that it cannot process and produce more than 500 pages of responsive records per month. In addition, the Government will file a letter stating the estimated volume of responsive records from DHS, DHS's proposed rate of processing those records, and whether the U.S. Coast Guard or Secret Service have records responsive to the ACLU's request. The Government will file any declarations and its letter stating Defendants' position with respect to any outstanding record search, processing and production issues by April 16, 2021. The ACLU will file its response by April 23, 2021. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/9/2021) (ks) (Entered: 04/09/2021) |
| 2021-04-16 | 31 | STATUS REPORT. Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A).(Kraemer, Talia) (Entered: 04/16/2021) |
| 2021-04-22 | 32 | STATUS REPORT. Updated Document filed by United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement..(Kraemer, Talia) (Entered: 04/22/2021) |
| 2021-04-23 | 33 | LETTER addressed to Judge Paul G. Gardephe from Nathan Freed Wessler dated April 23, 2021 re: Response to Defendants' Status Reports of April 16 and 22, 2021. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 04/23/2021) |
| 2021-11-19 | 34 | ORDER: Accordingly, DHS is directed to forward the ACLU's FOIA request to the U.S. Secret Service and the U.S. Coast Guard. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/19/2021) (ks) (Entered: 11/19/2021) |
| 2021-11-29 | 35 | NOTICE OF APPEARANCE by Shreya Tewari on behalf of American Civil Liberties Union..(Tewari, Shreya) (Entered: 11/29/2021) |
| 2022-02-07 | | Magistrate Judge Jennifer Willis is so redesignated. (wb) (Entered: 02/07/2022) |
| 2022-10-14 | 36 | MOTION for Shreya Tewari to Withdraw as Attorney . Document filed by American Civil Liberties Union..(Tewari, Shreya) (Entered: 10/14/2022) |
| 2022-10-14 | 37 | NOTICE OF APPEARANCE by Elizabeth Hui Gyori on behalf of American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 10/14/2022) |
| 2022-10-24 | 38 | MEMO ENDORSEMENT on MOTION OF SHREYA TEWARI TO WITHDRAW AS COUNSEL granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: The Application is granted. SO ORDERED.. (Signed by Judge Paul G. Gardephe on 10/21/2022) Attorney Shreya Tewari terminated (ks) (Entered: 10/24/2022) |
| 2024-01-02 | 39 | ORDER: The parties are directed to submit a joint letter by January 12, 2024, informing this Court of the progress of this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/02/2024) (ama) (Entered: 01/02/2024) |
| 2024-01-11 | 40 | LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated January 11, 2024 re: Court's Order of January 2, 2024 (ECF No. 39). Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 01/11/2024) |
| 2024-01-16 | 41 | MEMO ENDORSEMENT on re: 40 Letter filed by American Civil Liberties Union ENDORSEMENT: The Application is granted. By March 15, 2024, the parties are directed to provide a further status update as to document exchange, review, and pre-motion resolution. SO ORDERED. (Signed by Judge Paul G. Gardephe on 1/16/2024) (ks) (Entered: 01/16/2024) |
| 2024-03-14 | 42 | LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated March 14, 2024 re: Court's Order of January 16, 2024 for Joint Status Update Letter. Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 03/14/2024) |
| 2024-03-15 | 43 | MEMO ENDORSEMENT on re: 42 Letter filed by American Civil Liberties Union. ENDORSEMENT: The application is granted. By May 15, 2024, the parties are directed to provide a further status update. SO ORDERED. (Signed by Judge Paul G. Gardephe on 3/15/2024) (tg) (Entered: 03/18/2024) |
| 2024-05-14 | 44 | LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated May 14, 2024 re: Court's Order of March 15, 2024 for Joint Status Update Letter. Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 05/14/2024) |
| 2024-05-15 | 45 | MEMO ENDORSEMENT on re: 44 Letter filed by American Civil Liberties Union ENDORSEMENT: The Application is granted. SO ORDERED (Signed by Judge Paul G. Gardephe on 5/15/2024) (ks) (Entered: 05/15/2024) |
| 2024-07-15 | 46 | LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated July 15, 2024 re: Court's Order of May 15, 2024 for Joint Status Update Letter. Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 07/15/2024) |
| 2024-07-16 | 47 | MEMO ENDORSEMENT on re: 46 Letter filed by American Civil Liberties Union ENDORSEMENT: The Application is granted. SO ORDERED (Signed by Judge Paul G. Gardephe on 7/16/2024) (ks) (Entered: 07/16/2024) |
| 2024-09-16 | 48 | LETTER addressed to Judge Paul G. Gardephe from Elizabeth Gyori dated September 16, 2024 re: Court's Order of July 16, 2024 for Joint Status Update Letter. Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 09/16/2024) |
| 2024-09-16 | 49 | MEMO ENDORSEMENT on re: 48 Letter filed by American Civil Liberties Union ENDORSEMENT: The Application is granted. SO ORDERED (Signed by Judge Paul G. Gardephe on 9/16/2024) (ks) (Entered: 09/16/2024) |
| 2024-09-19 | 50 | MOTION for Elizabeth Hui Gyori to Withdraw as Attorney . Document filed by American Civil Liberties Union..(Gyori, Elizabeth) (Entered: 09/19/2024) |
| 2024-09-20 | 51 | MEMO ENDORSEMENT granting 50 Motion to Withdraw as Attorney. ENDORSEMENT: The Clerk of Court is directed to remove Elizabeth Hui Gyori as counsel of record for Plaintiff ACLU. Attorney Elizabeth Hui Gyori terminated.(Signed by Judge Paul G. Gardephe on 09/20/2024) (ar) (Entered: 09/20/2024) |
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