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Case TitleNash v. U.S. Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv06994
Date Filed2023-08-08
Date Closed2024-10-22
JudgeJudge John P. Cronan
PlaintiffLindsay Nash
Case DescriptionLindsay Nash, co-dir4ector of the Kathryn O. Greenberg Immigration Justice at the Benjamin N. Cardozo School of Law, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning administrative subpoenas issued by ICE employees. Nash also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. ICE involved a 10-day extension. After hearing nothing further from the agency, Nash filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-081COMPLAINT against U.S. Immigration and Customs Enforcement. (Filing Fee $ 402.00, Receipt Number ANYSDC-28121116)Document filed by Lindsay Nash. (Attachments: # 1 Exhibit A (Dec. 7, 2022 FOIA Request), # 2 Exhibit B (SecureRelease Portal Page), # 3 Exhibit C (Dec. 7, 2022 Email to ICE), # 4 Exhibit D (ICE Acknowledgement Letter)).(Nash, Lindsay) (Entered: 08/08/2023)
2023-08-082CIVIL COVER SHEET filed..(Nash, Lindsay) (Entered: 08/08/2023)
2023-08-083STATEMENT OF RELATEDNESS re: that this action be filed as related to 21-cv-4288 (JPC). Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 08/08/2023)
2023-08-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. .(pc) (Entered: 08/09/2023)
2023-08-09Case Designated ECF. (pc) (Entered: 08/09/2023)
2023-08-09CASE REFERRED TO Judge John P. Cronan as possibly related to 21cv4288. (pc) (Entered: 08/09/2023)
2023-08-09***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Lindsay C. Nash. The party information for the following party/parties has been modified: Lindsay Nash, U.S. Immigration and Customs Enforcement. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) (Entered: 08/09/2023)
2023-08-11CASE ACCEPTED AS RELATED. Create association to 1:21-cv-04288-JPC. Notice of Assignment to follow. (sgz) (Entered: 08/11/2023)
2023-08-11NOTICE OF CASE REASSIGNMENT to Judge John P. Cronan. Judge Unassigned is no longer assigned to the case. (sgz) (Entered: 08/11/2023)
2023-08-11Magistrate Judge Sarah L. Cave 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 . (sgz) (Entered: 08/11/2023)
2023-08-155REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement,, re: 1 Complaint,. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 08/15/2023)
2023-08-166ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (vf) (Entered: 08/16/2023)
2023-09-187AFFIDAVIT OF SERVICE. U.S. Immigration and Customs Enforcement served on 8/23/2023. Service was made by Mail. Document filed by Lindsay Nash. (Attachments: # 1 Exhibit A (Certified Mail Receipts)).(Nash, Lindsay) (Entered: 09/18/2023)
2023-09-228NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 09/22/2023)
2023-09-229ANSWER to 1 Complaint,. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 09/22/2023)
2023-10-1110MEMO ENDORSEMENT on re: (38 in 1:21-cv-04288-JPC) Status Report filed by Lindsay Nash ENDORSEMENT The request is granted. By November 1, 2023, the parties shall submit a further status letter addressing the status of this action and the related action, No. 23 Civ. 6994 (S.D.N.Y.). SO ORDERED. (Signed by Judge John P. Cronan on 10/11/2023) (jca) (Entered: 10/11/2023)
2023-11-0211MEMO ENDORSEMENT on re: (40 in 1:21-cv-04288-JPC) Status Report filed by U.S. Immigration and Customs Enforcement ENDORSEMENT: The request is granted. By November 30, 2023, the parties shall submit a further status letter addressing the status of this action and the related action, No. 23 Civ. 6994 (S.D.N.Y.). SO ORDERED (Signed by Judge John P. Cronan on 11/2/2023) (ks) (Entered: 11/02/2023)
2023-11-3012LETTER addressed to Judge John P. Cronan from Jessica F. Rosenbaum dated November 30, 2023 re: Status Report. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 11/30/2023)
2023-12-0113MEMO ENDORSEMENT on re: (12 in 1:23-cv-06994-JPC) Letter filed by U.S. Immigration and Customs Enforcement, (42 in 1:21-cv-04288-JPC) Letter filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT Regarding Case No. 21 Civ. 4288, by March 8, 2024, the parties shall submit a letter advising the Court on the status of the agreed-upon productions. The parties shall include in their letter, to the extent possible, a best estimate of the number of pages that remain to be produced at that time. Regarding Case No. 23 Civ. 6994, by January 31, 2024, the parties shall submit a further letter addressing the status of the case. SO ORDERED. (Signed by Judge John P. Cronan on 12/1/2023) (jca) (Entered: 12/01/2023)
2024-01-3114STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 01/31/2024)
2024-02-0115MEMO ENDORSEMENT on re: 14 Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The request is granted. The parties must file their next status update by March 8, 2024. SO ORDERED (Signed by Judge John P. Cronan on 2/1/2024) (vfr) (Entered: 02/01/2024)
2024-03-0816STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 03/08/2024)
2024-03-1117MEMO ENDORSEMENT on re: 16 Status Report filed by U.S. Immigration and Customs Enforcement ENDORSEMENT The requests are granted. Regarding Case No. 21 Civ. 4288, by April 12, 2024, the parties shall submit a further status letter. Regarding Case No. 23 Civ. 6994, the Court will defer ruling on any fees determination. SO ORDERED. (Signed by Judge John P. Cronan on 3/11/2024) (jca) (Entered: 03/11/2024)
2024-07-1518MEMO ENDORSEMENT on re: (54 in 1:21-cv-04288-JPC) Status Report filed by U.S. Immigration and Customs Enforcement ENDORSEMENT The parties' proposal is accepted; they shall another status letter on or before August 30, 2024, informing the Court as to proposed next steps in this litigation and the related litigation, Case No. 23 Civ. 6994. In addition, and to allow the parties to continue with discussions on a consensual resolution of this matter, the case is stayed until further order from the Court. The Court finds that imposing a stay at this juncture is appropriate under the five factors examined by courts in this District when imposing a stay. See Kappel v. Comfort, 914 F. Supp. 1056, 1058 (S.D.N.Y. 1996). SO ORDERED. (Signed by Judge John P. Cronan on 7/15/2024) (jca) (Entered: 07/15/2024)
2024-07-15Case Stayed (jca) (Entered: 08/31/2024)
2024-10-0119MEMO ENDORSEMENT on re: (58 in case 21 Civ. 4288 (JPC) Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The instant request is granted. The parties shall file a further status letter on or before October 30, 2024, updating the Court as to the status of the settlement agreement and proposing next steps, if any. The Court finds that the previously-imposed stay remains at appropriate at this juncture under the five factors examined by courts in this District when imposing a stay. See Kappel v. Comfort, 914 F. Supp. 1056, 1058 (S.D.N.Y. 1996). SO ORDERED. (Signed by Judge John P. Cronan on 10/1/2024) (vfr) (Entered: 10/01/2024)
2024-10-1820PROPOSED STIPULATION AND ORDER. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 10/18/2024)
2024-10-2221STIPULATION AND ORDER NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties as follows: 1. This Stipulation fully resolves the claims in Nash I and Nash II, and the complaints in both matters shall be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a) (1)(A)(ii), except that Nash reserves the right to move for attorneys' fees and costs in both matters and ICE reserves all defenses to such a motion; 2. The Parties understand and agree that this Stipulation contains the entire agreement between them, and that any statements, representations, promises, agreements, or negotiations, oral or otherwise, between the Parties that are not included herein shall be of no force or effect. 3. If not approved and entered by the Court, this Stipulation shall be null and void, with no force or effect. 4. The Stipulation may be executed in one or more counterparts, each of which shall be deemed to be one and the same. The Clerk of Court is respectfully directed to close the case. SO ORDERED. (Signed by Judge John P. Cronan on 10/21/2024) (jca) (Entered: 10/22/2024)
2024-10-22Case Stay Lifted. (jca) (Entered: 10/22/2024)
2024-10-3022STATUS REPORT. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 10/30/2024)
2024-11-0123MEMO ENDORSEMENT on re: (22 in 1:23-cv-06994-JPC) Status Report filed by Lindsay Nash, (62 in 1:21-cv-04288-JPC) Status Report filed by Lindsay Nash ENDORSEMENT The request is granted. By November 30, 2024, the parties shall submit a further status letter regarding the status of discussions regarding attorneys' fees and costs and proposing next steps. SO ORDERED. (Signed by Judge John P. Cronan on 10/31/2024) (jca) (Entered: 11/01/2024)
2024-11-2924STATUS REPORT. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 11/29/2024)
2024-12-0225MEMO ENDORSEMENT on re: (64 in 1:21-cv-04288-JPC) Status Report filed by Lindsay Nash, (24 in 1:23-cv-06994-JPC) Status Report filed by Lindsay Nash ENDORSEMENT The request is granted. By December 30, 2024, the parties shall submit a further status letter regarding the status of discussions regarding attorneys' fees and costs and proposing next steps. SO ORDERED. (Signed by Judge John P. Cronan on 12/2/2024) (jca) (Entered: 12/02/2024)
2024-12-2726LETTER addressed to Judge John P. Cronan from Jessica F. Rosenbaum dated December 27, 2024 re: Status Update. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 12/27/2024)
2024-12-3027MEMO ENDORSEMENT on re: (26 in 1:23-cv-06994-JPC) Letter filed by U.S. Immigration and Customs Enforcement, (66 in 1:21-cv-04288-JPC) Letter filed by U.S. Immigration and Customs Enforcement ENDORSEMENT The request is granted. By March 3, 2025, the parties shall submit a further status letter regarding the status of discussions regarding attorneys' fees and costs and proposing next steps. SO ORDERED. (Signed by Judge John P. Cronan on 12/30/2024) (jca) (Entered: 12/30/2024)
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