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Case TitleThe Legal Aid Society v. United States Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2024cv02344
Date Filed2024-03-28
Date Closed2025-03-19
JudgeJudge Lorna G. Schofield
PlaintiffThe Legal Aid Society
Case DescriptionThe Legal Aid Society submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning communications from the ICE New York City Field Office Director pertaining to transfers policies. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Legal Aid Society filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Immigration and Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [8]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2024-03-281COMPLAINT against United States Immigration and Customs Enforcement. (Filing Fee $ 405.00, Receipt Number ANYSDC-29144064)Document filed by The Legal Aid Society. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E).(Bayoumi, Jeanette) (Entered: 03/28/2024)
2024-03-282CIVIL COVER SHEET filed..(Bayoumi, Jeanette) (Entered: 03/28/2024)
2024-03-283REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by The Legal Aid Society..(Bayoumi, Jeanette) (Entered: 03/28/2024)
2024-03-284RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Legal Aid Society..(Bayoumi, Jeanette) (Entered: 03/28/2024)
2024-03-285MOTION for Andrew W. Henderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29146253. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Legal Aid Society. (Attachments: # 1 Affidavit of Andrew Henderson, # 2 Exhibit Certificates of Good Standing, # 3 Proposed Order on Motion).(Henderson, Andrew) (Entered: 03/28/2024)
2024-03-28>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Andrew W. Henderson to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29146253. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (vba) (Entered: 03/28/2024)
2024-03-29CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 . .(vf) (Entered: 03/29/2024)
2024-03-29Magistrate Judge Sarah Netburn is designated to handle matters that may be referred in this case. 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 . (vf) (Entered: 03/29/2024)
2024-03-29Case Designated ECF. (vf) (Entered: 03/29/2024)
2024-03-296ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (vf) (Entered: 03/29/2024)
2024-03-297ORDER granting 5 Motion for Andrew W. Henderson to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 03/29/2024)
2024-04-018ORDER: It is hereby ORDERED that, by April 30, 2024, the parties shall negotiate a schedule for the search, processing and potential production of responsive documents, and file a joint letter on ECF apprising the Court of that schedule and whether the initial pretrial conference is necessary to resolve any open issues, or if adjournment of the conference is appropriate. (Signed by Judge Lorna G. Schofield on 4/1/2024) (vfr) (Entered: 04/01/2024)
2024-04-029NOTICE OF APPEARANCE by Kyle Barron on behalf of The Legal Aid Society..(Barron, Kyle) (Entered: 04/02/2024)
2024-04-0210NOTICE OF APPEARANCE by Julie Dona on behalf of The Legal Aid Society..(Dona, Julie) (Entered: 04/02/2024)
2024-04-0411SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. United States Immigration and Customs Enforcement served on 4/1/2024, answer due 5/1/2024. Service was accepted by Osrick Gordon, Civil Clerk of US Attorney for S.D.N.Y.. Service was made by Certified Mail. Document filed by The Legal Aid Society..(Henderson, Andrew) (Entered: 04/04/2024)
2024-04-2612NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 04/26/2024)
2024-04-2613LETTER MOTION for Extension of Time for ICE to respond to the complaint and for the parties to file a joint letter addressed to Judge Lorna G. Schofield from Elizabeth J. Kim dated April 26, 2024. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 04/26/2024)
2024-04-2614MOTION for Eric J. Mahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29276657. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by The Legal Aid Society. (Attachments: # 1 Affidavit of Eric Mahr, # 2 Exhibit PA Certificate of Good Standing, # 3 Exhibit DC Certificate of Good Standing, # 4 Proposed Order for Admission Pro Hac Vice).(Mahr, Eric) (Entered: 04/26/2024)
2024-04-26>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Eric J. Mahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-29276657. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 04/26/2024)
2024-04-2915ORDER granting 13 Letter Motion for Extension of Time Application GRANTED. Defendant shall answer the Complaint by May 31, 2024. The parties shall file the joint letter by May 30, 2024.. (Signed by Judge Lorna G. Schofield on 4/29/2024) (jca) (Entered: 04/29/2024)
2024-04-29Set/Reset Deadlines: United States Immigration and Customs Enforcement answer due 5/31/2024. (jca) (Entered: 04/29/2024)
2024-05-0616ORDER granting 14 Motion for Eric J. Mahr to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lorna G. Schofield)(Text Only Order) (jcs) (Entered: 05/06/2024)
2024-05-2917JOINT LETTER MOTION for Extension of Time to file the parties' joint status letter addressed to Judge Lorna G. Schofield from Elizabeth J. Kim dated May 29, 2024. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 05/29/2024)
2024-05-3018ORDER granting 17 Letter Motion for Extension of Time. Application GRANTED. The parties shall file their joint letter by June 13, 2024. (Signed by Judge Lorna G. Schofield on 5/30/2024) (ks) (Entered: 05/30/2024)
2024-05-3119ANSWER to 1 Complaint,. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 05/31/2024)
2024-06-1320LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Kim on behalf of counsel for both parties dated June 13, 2024 re: Proposed Processing Schedule. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 06/13/2024)
2024-06-1821MEMO ENDORSEMENT on re: 20 Letter filed by United States Immigration and Customs Enforcement. ENDORSEMENT: The parties' proposed schedule for the search, processing and production of non-exempt, responsive documents is GRANTED. The parties also shall file joint status letters every 60 days from the date of this Order. No initial conference will be held. (Signed by Judge Lorna G. Schofield on 6/17/2024) (tro) (Entered: 06/18/2024)
2024-07-1122JOINT LETTER MOTION for Extension of Time of deadline to submit proposed processing schedule for Specifications 1 and 2 of the FOIA request, addressed to Judge Lorna G. Schofield from Elizabeth J. Kim dated July 11, 2024. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 07/11/2024)
2024-07-1223ORDER granting 22 Letter Motion for Extension of Time. Application GRANTED. The parties shall propose a processing schedule for Specifications 1 and 2 by July 29, 2024. The Clerk of Court is respectfully directed to close the motion at Dkt. No. 22. (Signed by Judge Lorna G. Schofield on 7/12/2024) (tg) (Entered: 07/12/2024)
2024-07-2924JOINT LETTER addressed to Judge Lorna G. Schofield from Elizabeth J. Kim dated July 29, 2024 re: Update on ICE's searches for documents responsive to Specifications 1 and 2 and Proposed Schedule for Specification 1. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 07/29/2024)
2024-07-3025MEMO ENDORSEMENT on re: 24 Letter, filed by United States Immigration and Customs Enforcement. ENDORSEMENT: The parties' proposed schedule for the search, processing and production of non-exempt, responsive documents for Specification 1 is GRANTED. (Signed by Judge Lorna G. Schofield on 7/30/2024) (mml) (Entered: 07/30/2024)
2024-08-1526STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 08/15/2024)
2024-10-1427STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 10/14/2024)
2024-10-2128NOTICE of Change of Firm Name. Document filed by The Legal Aid Society..(Bayoumi, Jeanette) (Entered: 10/21/2024)
2024-12-1329STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 12/13/2024)
2025-01-1530MOTION for Jeanette Marie Bayoumi to Withdraw as Attorney . Document filed by The Legal Aid Society. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel).(Bayoumi, Jeanette) (Entered: 01/15/2025)
2025-01-1631ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL granting 30 Motion to Withdraw as Attorney. IT IS HEREBY ORDERED that Jeanette Marie Bayoumi is withdrawn as counsel for Plaintiff The Legal Aid Society and shall be removed from the Case Management/ Electronic Case Files (CM/ECF) notification in the above-captioned proceeding. Attorney Jeanette Bayoumi terminated. (Signed by Judge Lorna G. Schofield on 1/16/2025) (vfr) (Entered: 01/16/2025)
2025-02-1132STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 02/11/2025)
2025-03-1433MOTION for Julie Dona to Withdraw as Attorney . Document filed by The Legal Aid Society. (Attachments: # 1 Proposed Order Granting Motion to Withdraw as Counsel).(Dona, Julie) (Entered: 03/14/2025)
2025-03-1734ORDER with respect to 33 Motion to Withdraw as Attorney. Plaintiff shall file proof of service in compliance with Local Civil Rule 1.4 for the withdrawing attorney by March 24, 2025. (Signed by Judge Lorna G. Schofield on 3/17/2025) (jjc) (Entered: 03/17/2025)
2025-03-1835CERTIFICATE OF SERVICE of Notice of Motion to Withdraw as Counsel and Terminate Representation as Counsel of Record for Petitioner, and Proposed Order served on The Legal Aid Society on March 18, 2025. Service was made by E-Mail. Document filed by The Legal Aid Society..(Henderson, Andrew) (Entered: 03/18/2025)
2025-03-1836PROPOSED STIPULATION AND ORDER. Document filed by United States Immigration and Customs Enforcement..(Kim, Elizabeth) (Entered: 03/18/2025)
2025-03-1937STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL... NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. Settlement without admission of liability or wrongdoing. This Stipulation and Order is the result of compromise and settlement between the parties. It does not constitute an admission of liability or wrongdoing by any party, and shall not be used or admissible as precedent, evidence, or argument in any other proceeding, except as may be necessary to ensure compliance with this Stipulation and Order or carry out its terms and conditions. 2. Additional Search. ICE will search New York City Deputy Field Office Director Williams Joyce's emails for records responsive to the Request with the following terms: as further set forth by this Order. 3. Date Range for Additional Search. 4. Schedule for Completion of Additional Search and Processing of Non-Exempt Records Responsive to the Request: As further set forth by this Order. 5. Review of exemptions. 6. Release. 7. Dismissal with Prejudice. Subject to Paragraph 4 and Paragraph 5 above, this action is dismissed with prejudice and without costs or fees, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. 8. This Stipulation and Order contains the entire agreement between the parties, and no statement, representation, promise, or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect. 9. This Stipulation and Order may be executed in counterparts. Facsimile or pdf signatures shall constitute originals. So Ordered. The action is dismissed with prejudice. Any pending motions are DISMISSED as moot, and all conferences and deadlines are CANCELED. The Court agrees to retain enforcement jurisdiction over this matter for the purpose of ensuring the parties compliance with the terms and conditions of the settlement of this action. In the event of a breach, the parties may make an application to restore the action to the Court's calendar. (Signed by Judge Lorna G. Schofield on 3/19/2025) (jjc) (Entered: 03/19/2025)
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