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Case TitleCox v. Johnson et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv00024
Date Filed2021-01-04
Date Closed2021-04-30
JudgeJudge Andrew L. Carter, Jr
PlaintiffTheodore Cox
Case DescriptionTheodore Cox submitted a FOIA request to the Department of Homeland Security for records concerning the issuance of travel documents by the government of the People's Republic of China. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Cox filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantTae D. Johnson in his official capacity as Deputy Director of U.S. Immigration and Customs Enforcement
DefendantTae D. Johnson in his official capacity as Deputy Director of U.S. Immigration and Customs Enforcement
TERMINATED: 03/22/2021
DefendantJonathan Fahey in his official capacity as Senior Official performing the duties of the Director of the U.S. Immigration and Customs Enforcement
DefendantJonathan Fahey in his official capacity as Senior Official performing the duties of the Director of the U.S. Immigration and Customs Enforcement
TERMINATED: 03/22/2021
DefendantChad F. Wolf in his official capacity as Secretary of Department of Homeland Security
DefendantChad F. Wolf in his official capacity as Secretary of Department of Homeland Security
TERMINATED: 03/22/2021
DefendantU.S. Immigration and Custom Enforcement
Documents
Docket
Complaint
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-01-041COMPLAINT against JONATHAN FAHEY, TAE D. JOHNSON, Chad F. Wolf. (Filing Fee $ 402.00, Receipt Number BNYSDC-23336583)Document filed by THEODORE N. COX..(Cox, Theodore) (Entered: 01/04/2021)
2021-01-042FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Jeffrey A. Rosen, re: 1 Complaint. Document filed by THEODORE N. COX..(Cox, Theodore) Modified on 1/5/2021 (pc). (Entered: 01/04/2021)
2021-01-043FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TAE D. JOHNSON, re: 1 Complaint. Document filed by THEODORE N. COX..(Cox, Theodore) Modified on 1/5/2021 (pc). (Entered: 01/04/2021)
2021-01-044FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to TAE D. JOHNSON, re: 1 Complaint. Document filed by THEODORE N. COX..(Cox, Theodore) Modified on 1/5/2021 (pc). (Entered: 01/04/2021)
2021-01-045FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Chad F. Wolf, re: 1 Complaint. Document filed by THEODORE N. COX..(Cox, Theodore) Modified on 1/5/2021 (pc). (Entered: 01/04/2021)
2021-01-046FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney for the Southern District of New York, re: 1 Complaint. Document filed by THEODORE N. COX..(Cox, Theodore) Modified on 1/5/2021 (pc). (Entered: 01/04/2021)
2021-01-05***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Theodore Norwood Cox. The party information for the following party/parties has been modified: JONATHAN FAHEY, TAE D. JOHNSON, Chad F. Wolf, THEODORE N. COX. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party text was omitted;. (pc) (Entered: 01/05/2021)
2021-01-05***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Theodore Norwood Cox. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (pc) (Entered: 01/05/2021)
2021-01-05***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Theodore Norwood Cox to RE-FILE Document No. 5 Request for Issuance of Summons, 4 Request for Issuance of Summons, 3 Request for Issuance of Summons, 2 Request for Issuance of Summons, 6 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; Use the FIOA summons form not the standard summons form. Only parties listed on the complaint caption title can be issued a summons;. 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: 01/05/2021)
2021-01-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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: 01/05/2021)
2021-01-05Magistrate Judge Katharine H. Parker 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: 01/05/2021)
2021-01-05Case Designated ECF. (pc) (Entered: 01/05/2021)
2021-01-057CIVIL COVER SHEET filed..(Cox, Theodore) (Entered: 01/05/2021)
2021-01-148FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Jeffery Rosen, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) Modified on 1/15/2021 (sj). (Entered: 01/14/2021)
2021-01-149FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Fahey, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) Modified on 1/15/2021 (sj). (Entered: 01/14/2021)
2021-01-1410FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Tae D. Johnson, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) Modified on 1/15/2021 (sj). (Entered: 01/14/2021)
2021-01-1411FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Chad F. Wolf, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) Modified on 1/15/2021 (sj). (Entered: 01/14/2021)
2021-01-15***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Theodore Norwood Cox to RE-FILE Document No. 8 Request for Issuance of Summons, 11 Request for Issuance of Summons, 9 Request for Issuance of Summons, 10 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; Use the Summons in a Civil Action (FIOA) form, NOT the standard summons form. Only parties listed on the complaint caption title can be issued a summons. 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. (sj) (Entered: 01/15/2021)
2021-01-2612REQUEST FOR ISSUANCE OF SUMMONS as to Tae D. Johnson, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) (Entered: 01/26/2021)
2021-01-2613REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Fahey, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) (Entered: 01/26/2021)
2021-01-2614REQUEST FOR ISSUANCE OF SUMMONS as to Chad F. Wolf, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) (Entered: 01/26/2021)
2021-01-2615REQUEST FOR ISSUANCE OF SUMMONS as to Jonathan Fahey, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) (Entered: 01/26/2021)
2021-01-2616FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Tae D. Johnson, re: 1 Complaint. Document filed by Theodore Cox., REQUEST FOR ISSUANCE OF SUMMONS as to Tae D. Johnson, re: 1 Complaint. Document filed by Theodore Cox..(Cox, Theodore) Modified on 3/19/2021 (pc). (Entered: 01/26/2021)
2021-01-2817ELECTRONIC SUMMONS ISSUED as to Tae D. Johnson..(dnh) (Entered: 01/28/2021)
2021-01-2818ELECTRONIC SUMMONS ISSUED as to Jonathan Fahey..(dnh) (Entered: 01/28/2021)
2021-01-2819ELECTRONIC SUMMONS ISSUED as to Chad F. Wolf..(dnh) (Entered: 01/28/2021)
2021-01-2820ELECTRONIC SUMMONS ISSUED as to Jonathan Fahey..(dnh) (Entered: 01/28/2021)
2021-03-1821FILING ERROR - DEFICIENT PLEADING - PDF ERROR - AMENDED COMPLAINT amending 1 Complaint against U.S. Immigration and Custom Enforcement.Document filed by Theodore Cox. Related document: 1 Complaint..(Cox, Theodore) Modified on 3/19/2021 (pc). (Entered: 03/18/2021)
2021-03-1822REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Custom Enforcement, re: 21 Amended Complaint. Document filed by Theodore Cox..(Cox, Theodore) (Entered: 03/18/2021)
2021-03-19***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Theodore Norwood Cox to RE-FILE Document No. 21 Amended Complaint,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; Caption title reads "Complaint". Re-file the pleading using the event type Amended 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. (pc) (Entered: 03/19/2021)
2021-03-19***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Theodore Norwood Cox to RE-FILE Document No. 22 Request for Issuance of Summons. The filing is deficient for the following reason(s): The summons requested was not processed due to the deficient pleading. Please file your request for summons when you correct and refile your pleading.;. 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: 03/19/2021)
2021-03-1923AMENDED COMPLAINT amending 21 Amended Complaint, against U.S. Immigration and Custom Enforcement.Document filed by Theodore Cox. Related document: 21 Amended Complaint,..(Cox, Theodore) (Entered: 03/19/2021)
2021-03-1924REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Custom Enforcement, re: 21 Amended Complaint, 23 Amended Complaint. Document filed by Theodore Cox..(Cox, Theodore) (Entered: 03/19/2021)
2021-03-2225ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Custom Enforcement..(jgo) (Entered: 03/22/2021)
2021-03-2526NOTICE OF APPEARANCE by Rachael Lightfoot Doud on behalf of U.S. Immigration and Custom Enforcement..(Doud, Rachael) (Entered: 03/25/2021)
2021-04-0127ANSWER to 23 Amended Complaint. Document filed by U.S. Immigration and Custom Enforcement..(Doud, Rachael) (Entered: 04/01/2021)
2021-04-0228ORDER: The parties are hereby ORDERED to file a joint status report, including how they would like to proceed in the litigation, by no later than May 3, 2021. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/2/2021) (jca) (Entered: 04/02/2021)
2021-04-2929MOTION to Withdraw 23 Amended Complaint, 1 Complaint . Document filed by Theodore Cox..(Cox, Theodore) (Entered: 04/29/2021)
2021-04-3030STIPULATION 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) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by U.S. Immigration and Custom Enforcement. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Doud, Rachael) (Entered: 04/30/2021)
2021-04-3031MEMO ENDORSEMENT on re: 29 MOTION to Withdraw 23 Amended Complaint, 1 Complaint . filed by Theodore Cox, ENDORSEMENT: Plaintiff's motion is GRANTED. The case is deemed voluntarily dismissed pursuant to FRCP 41(a)(2). The Clerk of Court is respectfully directed to close this case. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/30/2021) (rj) (Entered: 04/30/2021)
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