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Case TitleImmigrant Defense Project et al v. United States Customs and Border Protection et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv09920
Date Filed2022-11-21
Date Closed2024-04-04
JudgeJudge Ronnie Abrams
PlaintiffImmigrant Defense Project
PlaintiffCenter for Constitutional Rights
Case DescriptionImmigrant Defense Project and the Center for Constitutional Rights submitted FOIA requests to U.S. Customs and Border Protection for records concerning Palladium and references to articles written by named New York Times reporters pertaining to Palladium. IDP and CCR also requested a fee waiver and expedited processing. The agency acknowledged receipt of the requests. The agency closed the requests because they did not provide identifying email addresses. IDP and CCR filed an administrative appeal of the denial. After hearing nothing further from the agency, IDP and CCR filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Fees, Litigation - Attorney's fees

DefendantUnited States Customs and Border Protection
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-11-211COMPLAINT against Customs and Border Protection, DEPARTMENT OF HOMELAND SECURITY. (Filing Fee $ 402.00, Receipt Number ANYSDC-26989979)Document filed by Immigrant Defense Project, Center for Constitutional Rights. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2).(Wachtenheim, Andrew) (Entered: 11/21/2022)
2022-11-212FILING ERROR - DEFICIENT - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Customs and Border Protection, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) Modified on 11/22/2022 (vf). (Entered: 11/21/2022)
2022-11-213CIVIL COVER SHEET filed..(Wachtenheim, Andrew) (Entered: 11/21/2022)
2022-11-214RELATED CASE AFFIDAVIT of Andrew Wachtenheim re: that this action be filed as related to 20-cv-10625 (RA). Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 11/21/2022)
2022-11-225NOTICE OF APPEARANCE by Andrew Brian Wachtenheim on behalf of Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 11/22/2022)
2022-11-22***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Andrew Brian Wachtenheim. The party information for the following party/parties has been modified: Customs and Border Protection, DEPARTMENT OF HOMELAND SECURITY. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps; party name entered incorrectly. (vf) (Entered: 11/22/2022)
2022-11-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (vf) (Entered: 11/22/2022)
2022-11-22Case Designated ECF. (vf) (Entered: 11/22/2022)
2022-11-22CASE REFERRED TO Judge Ronnie Abrams as possibly related to 1:20-cv-10625. (vf) (Entered: 11/22/2022)
2022-11-22***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Brian Wachtenheim to RE-FILE Document No. 2 Request for Issuance of Summons. The filing is deficient for the following reason(s): Docket Entry party name error. Enter the party name as to whom the summons is issued for when prompted in ECF. 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. (vf) (Entered: 11/22/2022)
2022-11-226REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 11/22/2022)
2022-11-227NOTICE OF APPEARANCE by Ghita Schwarz on behalf of Center for Constitutional Rights, Immigrant Defense Project..(Schwarz, Ghita) (Entered: 11/22/2022)
2022-11-228ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection. (vf) (Entered: 11/22/2022)
2022-11-229FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) Modified on 11/23/2022 (gp). (Entered: 11/22/2022)
2022-11-23***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Andrew Wachtenheim to RE-FILE Document No. 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name on the As To section of the entry does not match the entire name of the party on the pleading/docket. 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: 11/23/2022)
2022-11-2310REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 11/23/2022)
2022-11-2811ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(lal) (Entered: 11/28/2022)
2022-11-2812NOTICE OF APPEARANCE by Maria Couri LaHood on behalf of Center for Constitutional Rights, Immigrant Defense Project..(LaHood, Maria) (Entered: 11/28/2022)
2022-12-0113AFFIDAVIT OF SERVICE. United States Customs and Border Protection served on 11/30/2022, answer due 12/21/2022. Service was accepted by J.AY MCCRAY. Service was made by MAIL. Document filed by Immigrant Defense Project; Center for Constitutional Rights..(LaHood, Maria) (Entered: 12/01/2022)
2022-12-0114AFFIDAVIT OF SERVICE. United States Department of Homeland Security served on 11/30/2022, answer due 12/21/2022. Service was accepted by J.AY MCCRAY. Service was made by MAIL. Document filed by Immigrant Defense Project; Center for Constitutional Rights..(LaHood, Maria) (Entered: 12/01/2022)
2022-12-12CASE ACCEPTED AS RELATED. Create association to 1:20-cv-10625-RA. Notice of Assignment to follow. (vba) (Entered: 12/12/2022)
2022-12-12NOTICE OF CASE REASSIGNMENT to Judge Ronnie Abrams. Judge Unassigned is no longer assigned to the case. (vba) (Entered: 12/12/2022)
2022-12-12Magistrate Judge Valerie Figueredo 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 . (vba) (Entered: 12/12/2022)
2022-12-2215NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of United States Customs and Border Protection, United States Department of Homeland Security..(Sun, Anthony) (Entered: 12/22/2022)
2022-12-2316ENDORSED LETTER addressed to Judge Ronnie Abrams from Anthony J. Sun dated 12/23/2022 re: request for appear telephonically. ENDORSEMENT: Application granted. The parties shall use the following dial-in information to call in to the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. This conference line is open to the public. (Signed by Judge Ronnie Abrams on 12/23/2022) (ate) (Entered: 12/23/2022)
2023-01-0317ANSWER to 1 Complaint,. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Sun, Anthony) (Entered: 01/03/2023)
2023-01-0618JOINT LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from Ghita Schwarz dated January 6, 2023. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Schwarz, Ghita) (Entered: 01/06/2023)
2023-01-0919ORDER granting 18 JOINT LETTER MOTION for Extension of Time. The Court grants the application for an extension of time to submit an update on IDP II and thanks the parties for articulating their positions regarding the pending summary judgment motions in IDP I. SO ORDERED. (Signed by Judge Ronnie Abrams on 1/9/2023) (jca) (Entered: 01/09/2023)
2023-01-1320LETTER addressed to Judge Ronnie Abrams from Joint letter of the parties dated 01/13/2023 re: joint letter of the parties. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 01/13/2023)
2023-01-2021DECLARATION of Patrick A. Howard in Opposition re: 20 Letter. Document filed by United States Customs and Border Protection..(Sun, Anthony) (Entered: 01/20/2023)
2023-01-2022FIRST LETTER addressed to Judge Ronnie Abrams from Plaintiffs dated 01/20/2023 re: Request for leave to file response to Defendant's declaration. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 01/20/2023)
2023-01-2023FIRST LETTER addressed to Judge Ronnie Abrams from Plaintiffs dated 01/20/2023 re: Request for leave to file response to Defendant's declaration. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 01/20/2023)
2023-01-2024MEMO ENDORSEMENT on re: 23 Letter, filed by Center for Constitutional Rights, Immigrant Defense Project. ENDORSEMENT: Application granted. Plaintiffs shall have until January 26, 2023 to respond to Defendant's declaration. (Signed by Judge Ronnie Abrams on 1/20/2023) (ate) (Entered: 01/23/2023)
2023-01-2525FIRST LETTER addressed to Judge Ronnie Abrams from Plaintiffs dated 01/25/2023 re: Plaintiff's response to Defendant CBP declaration. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 01/25/2023)
2023-01-3126MEMO ENDORSEMENT on re: 25 Letter filed by Center for Constitutional Rights, Immigrant Defense Project. ENDORSEMENT: The parties shall appear for a conference at 10:00 a.m. on Thursday, February 2, 2023 to discuss the issues addressed herein. The parties shall advise the Court whether they prefer to appear in person or remotely. Should this present a conflict for either party, they shall make an application to the Court by letter requesting that the conference be rescheduled. ( Status Conference set for 2/2/2023 at 10:00 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/31/2023) (ate) (Entered: 01/31/2023)
2023-02-0127JOINT LETTER MOTION to Adjourn Conference addressed to Judge Ronnie Abrams from AUSA Anthony J. Sun dated 2/1/2023. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Sun, Anthony) (Entered: 02/01/2023)
2023-02-0228ORDER granting 27 Letter Motion to Adjourn Conference. This conference is hereby adjourned to February 9, 2023 at 4 p.m. The conference will be held in Courtroom 1506 at 40 Foley Square, New York, NY. The parties should also be prepared to answer a few questions regarding the pending motions for summary judgment in IDP I. Status Conference set for 2/9/2023 at 04:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 2/2/2023) (ate) (Entered: 02/02/2023)
2023-02-0829CONSENT LETTER MOTION for Conference re: 28 Order on Motion to Adjourn Conference,, to Conduct Conference Remotely addressed to Judge Ronnie Abrams from Ghita Schwarz dated February 8, 2023. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Schwarz, Ghita) (Entered: 02/08/2023)
2023-02-0830ORDER granting 29 Letter Motion for Conference re: 29 CONSENT LETTER MOTION for Conference re: 28 Order on Motion to Adjourn Conference,, to Conduct Conference Remotely addressed to Judge Ronnie Abrams from Ghita Schwarz dated February 8, 2023. Application granted. The conference will be held via Microsoft Teams. The public may call into an audio-only line at the following number: (646) 453-4442; Conference ID: 814 649 444#. Status Conference set for 2/9/2023 at 04:00 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 2/8/2023) (ate) (Entered: 02/08/2023)
2023-02-09Minute Entry for proceedings held before Judge Ronnie Abrams: Status Conference held on 2/9/2023. (Court Reporter Pam Utter) (arc) (Entered: 02/09/2023)
2023-02-1031JOINT LETTER addressed to Judge Ronnie Abrams from Joint letter of the parties dated 2/10/23 re: joint letter of the parties. Document filed by Center for Constitutional Rights, Immigrant Defense Project. (Attachments: # 1 Text of Proposed Order Proposed production order; samples of other production orders).(Wachtenheim, Andrew) (Entered: 02/10/2023)
2023-02-1332MEMO ENDORSEMENT on re: 31 Letter, filed by Center for Constitutional Rights, Immigrant Defense Project. ENDORSEMENT: No later than February 20, 2023, Defendants shall submit a letter addressing and distinguishing Plaintiffs' additional authorities. (Signed by Judge Ronnie Abrams on 2/13/2023) (ate) (Entered: 02/13/2023)
2023-02-1733LETTER addressed to Judge Ronnie Abrams from AUSA Anthony J. Sun dated 2/17/2023 re: response to example processing orders. Document filed by United States Customs and Border Protection, United States Department of Homeland Security. (Attachments: # 1 Exhibit A - NDLON ICE declaration).(Sun, Anthony) (Entered: 02/17/2023)
2023-03-0834SCHEDULING AND PROCESSING ORDER: The parties having appeared for a status conference on February 9, 2023, this Court hereby directs the United States Customs and Border Protection Agency ("CBP") to process the potentially responsive records at issue in the above-captioned case a rate of 835 pages per month, with a first release of non-exempt, responsive records beginning on April 9, 2023. This is the same processing rate that was agreed upon by the parties for a supplemental search in the related matter, Immigrant Defense Project v. ICE, No. 20-cv-10625, ECF No. 28, 30. The Court adopts the following schedule regarding how and when records will be processed by Defendant CBP on consent: 1. Responding to the Freedom of Information Act ("FOIA") requests Plaintiffs filed in May 2022 and June 2022 (hereinafter, "FOIA 2" and "FOIA 3," respectively) Defendant CBP shall process potentially responsive records in the following order of search terms, as further set forth herein. All pages shall be Bates-stamped for identification by the parties and the Court. (AS FURTHER SET FORTH IN THIS ORDER.) The parties shall submit a joint status report by June 8, 2023. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/8/2023) (vfr) (Entered: 03/08/2023)
2023-03-3035NOTICE OF APPEARANCE by Allison Rovner on behalf of United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 03/30/2023)
2023-05-1936JOINT LETTER addressed to Judge Ronnie Abrams from Joint letter of the parties dated 05/19/2023 re: Request for extension of time to file next status letter. Document filed by Center for Constitutional Rights, Immigrant Defense Project..(Wachtenheim, Andrew) (Entered: 05/19/2023)
2023-05-2237MEMO ENDORSEMENT on re: 36 Letter, filed by Center for Constitutional Rights, Immigrant Defense Project ENDORSEMENT Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/22/2023) (jca) (Entered: 05/22/2023)
2023-06-1538JOINT LETTER MOTION for Extension of Time addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated June 15, 2023. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 06/15/2023)
2023-06-1639ORDER granting 38 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/16/2023) (ate) (Entered: 06/16/2023)
2023-06-2840JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated June 28, 2023 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 06/28/2023)
2023-06-2941MEMO ENDORSEMENT on re: 40 Letter filed by United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 6/29/2023) (ate) (Entered: 06/29/2023)
2023-08-1542JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated August 15, 2023 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 08/15/2023)
2023-08-1643MEMO ENDORSEMENT on re: 42 Letter status update filed by United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT : Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 8/16/23) (yv) (Entered: 08/17/2023)
2023-10-1644JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated October 16, 2023 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 10/16/2023)
2023-10-1745MEMO ENDORSEMENT on re: 44 Letter filed by United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 10/17/2023) (ate) (Entered: 10/17/2023)
2023-11-2046JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated November 20, 2023 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 11/20/2023)
2023-11-2147MEMO ENDORSEMENT on re: 46 Letter filed by United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 11/21/2023) (ate) (Entered: 11/21/2023)
2023-12-1848JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated December 18, 2023 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 12/18/2023)
2023-12-2049MEMO ENDORSEMENT on re: 48 Letter filed by United States Customs and Border Protection, United States Department of Homeland Security. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 12/19/2023) (rro) (Entered: 12/20/2023)
2024-02-0950JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated February 9, 2024 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 02/09/2024)
2024-02-1251MEMO ENDORSEMENT on re: 50 Letter filed by United States Customs and Border Protection, United States Department of Homeland Security ENDORSEMENT Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 2/12/2024) (jca) (Entered: 02/12/2024)
2024-03-0852JOINT LETTER addressed to Judge Ronnie Abrams from AUSA Allison Rovner dated March 8, 2024 re: status update. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 03/08/2024)
2024-03-1153MEMO ENDORSEMENT on re: 52 Letter filed by United States Customs and Border Protection, United States Department of Homeland Security ENDORSEMENT Application granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 3/11/2024) (jca) (Entered: 03/11/2024)
2024-04-0354PROPOSED STIPULATION AND ORDER. Document filed by United States Customs and Border Protection, United States Department of Homeland Security..(Rovner, Allison) (Entered: 04/03/2024)
2024-04-0455STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties to the Actions as follows: 1. The records produced by Defendants fully settle any and all claims Plaintiffs now have or may hereafter acquire against Defendants or the United States of America ("United States"), or any department, agency, officer, or employee of Defendants and/or the United States, related to or arising out of the Requests at issue in the Actions. 2. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order in both Actions, Defendants shall pay to Plaintiffs the sum of one hundred twenty-four thousand nine hundred fifty dollars and fifty cents ($124,950.50) in attorneys' fees and litigation costs ("Settlement Amount"), pursuant to 5 U.S.C. § 552(a)(4)(E); of the Settlement Amount, ICE will pay Plaintiffs eighty-seven thousand three hundred five dollars and thirty-five cents ($87,305.35) and CBP will pay Plaintiffs thirty-seven thousand six hundred forty five dollars and fifteen cents ($37,645.15). The payments of the Settlement Amount shall constitute full and final satisfaction of any and all claims by Plaintiffs for attorneys' fees and litigation costs in the Actions, and they are inclusive of any interest. The payments shall be made by electronic funds transfers, and counsel for Plaintiffs will provide the necessary information to counsel for Defendants to effectuate the transfers. 3. The Actions are 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 over any issues that may arise relating to this Stipulation and Order. As further set forth by this Order. SO ORDERED. (Signed by Judge Ronnie Abrams on 4/4/2024) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 04/04/2024)
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