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Case TitleWorth Rises et al v. U.S. Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv01876
Date Filed2020-03-03
Date Closed2021-11-30
JudgeJudge Analisa Torres
PlaintiffWorth Rises
PlaintiffAmerican Oversight
Case DescriptionWorth Rise and American Oversight submitted three FOIA requests to the Department of Homeland Security for records concerning communications with outside parties. The agency acknowledged the requests. Worth Rise and American Oversight also submitted a FOIA request to the Department of Justice for records concerning communications to and from the Bureau of Prisons pertaining to specific entities. The agency acknowledged the request. After hearing nothing further from either agency, Worth Rise and American Oversight filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Department Of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-03-031COMPLAINT against U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-18990999)Document filed by Worth Rises, American Oversight..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-032CIVIL COVER SHEET filed..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-033REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by American Oversight, Worth Rises..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-034REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by American Oversight, Worth Rises..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-035REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by American Oversight, Worth Rises..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-036RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Oversight..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-037RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Worth Rises..(McGrath, Daniel) (Entered: 03/03/2020)
2020-03-04CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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: 03/04/2020)
2020-03-04Magistrate Judge Gabriel W. Gorenstein 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: 03/04/2020)
2020-03-04Case Designated ECF. (pc) (Entered: 03/04/2020)
2020-03-048INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 5/11/2020 at 11:20 AM in Courtroom 15D, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 3/4/2020) (cf) (Entered: 03/04/2020)
2020-03-049ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (As further set forth in this Order.) The parties are free to withhold consent without negative consequences (Signed by Judge Analisa Torres on 3/4/2020) (cf) (Entered: 03/04/2020)
2020-03-0510ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(pc) (Entered: 03/05/2020)
2020-03-0511ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice..(pc) (Entered: 03/05/2020)
2020-03-0512ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement..(pc) (Entered: 03/05/2020)
2020-03-2313NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 03/23/2020)
2020-03-2414FILING ERROR - DEFICIENT PRO HAC VICE MOTION - MOTION for Mehreen Aasya Rasheed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19209307. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Oversight. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order).(Rasheed, Mehreen) Modified on 3/24/2020 (ad). (Entered: 03/24/2020)
2020-03-24>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 14 MOTION for Mehreen Aasya Rasheed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19209307. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): The certificate of good standing must be issued by the Clerk of the Supreme Court of Virginia 100 North 9th Street 5th Floor Richmond, VA 23219 804-786-2251;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (ad) (Entered: 03/24/2020)
2020-03-3115AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. U.S. Department Of Justice served on 3/11/2020, answer due 4/10/2020; U.S. Department of Homeland Security served on 3/11/2020, answer due 4/10/2020; U.S. Immigration and Customs Enforcement served on 3/11/2020, answer due 4/10/2020. Service was made by Mail. Document filed by Worth Rises; American Oversight..(McGrath, Daniel) (Entered: 03/31/2020)
2020-04-1016LETTER MOTION for Extension of Time to File Answer by May 11, 2020 addressed to Judge Analisa Torres from Kirti Vaidya Reddy dated April 10, 2020. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 04/10/2020)
2020-04-1017MOTION for Mehreen Aasya Rasheed to Appear Pro Hac Vice (Corrected) . Filing fee $ 200.00, receipt number ANYSDC-19406714. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Oversight. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order).(Rasheed, Mehreen) (Entered: 04/10/2020)
2020-04-10>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Mehreen Aasya Rasheed to Appear Pro Hac Vice (Corrected) . Filing fee $ 200.00, receipt number ANYSDC-19406714. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (laq) (Entered: 04/10/2020)
2020-04-1018ORDER granting 16 Letter Motion for Extension of Time to Answer. GRANTED. By May 11, 2020, the Government shall answer or otherwise respond to the Complaint. SO ORDERED. U.S. Department Of Justice answer due 5/11/2020; U.S. Department of Homeland Security answer due 5/11/2020; U.S. Immigration and Customs Enforcement answer due 5/11/2020. (Signed by Judge Analisa Torres on 4/10/2020) (jca) (Entered: 04/10/2020)
2020-04-1319ORDER granting 17 Motion for Mehreen Aasya Rasheed to Appear Pro Hac Vice (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (JT) (Entered: 04/13/2020)
2020-05-0420JOINT LETTER addressed to Judge Analisa Torres from Daniel A McGrath for Worth Rises & American Oversight dated 5/4/2020 re: Initial Joint Letter. Document filed by American Oversight, Worth Rises..(McGrath, Daniel) (Entered: 05/04/2020)
2020-05-0421AMENDED LETTER addressed to Judge Analisa Torres from Kirti Reddy dated May 4, 2020 re: initial pretrial conference (joint letter). Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 05/04/2020)
2020-05-0522MEMO ENDORSEMENT on re: 21 Letter, filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: Having reviewed the parties' letter, it is ORDERED that the initial pretrial conference scheduled for May 11, 2020, and the deadline to submit a proposed case management plan are ADJOURNED sine die. By June 2, 2020, the parties shall submit a joint letter setting forth a proposed schedule or the parties' positions regarding a scheduled for Defendants to search for a process the FOIA requests, as well as a schedule production. (Signed by Judge Analisa Torres on 5/5/2020) (cf) (Entered: 05/05/2020)
2020-05-1123ANSWER to 1 Complaint,. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 05/11/2020)
2020-06-0224JOINT LETTER MOTION for Extension of Time until July 2 to propose production schedule addressed to Judge Analisa Torres from Kirti Reddy dated June 2, 2020. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 06/02/2020)
2020-06-0425ORDER: granting 24 Letter Motion for Extension of Time. GRANTED. By July 2, 2020, the parties shall submit a joint letter seeking forth a proposed schedule, or, the parties' positions regarding a schedule, for Defendants to search for and process the FOIA requests, as well as a schedule for production. SO ORDERED. (Signed by Judge Analisa Torres on 6/04/2020) (ama) (Entered: 06/04/2020)
2020-07-0226LETTER addressed to Judge Analisa Torres from Kirti Reddy dated July 2, 2020 re: status. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 07/02/2020)
2020-07-0227MEMO ENDORSEMENT: on re: 26 Letter filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: GRANTED. By August 2, 2020, the parties shall submit a joint letter setting forth a proposed schedule, or, the parties' positions regarding a schedule, for Defendants to search for and process the FOIA requests, as well as a schedule for production. SO ORDERED. (Signed by Judge Analisa Torres on 7/02/2020) (ama) (Entered: 07/04/2020)
2020-08-0328LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Kirti Vaidya Reddy dated August 3, 2020. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 08/03/2020)
2020-08-0329ORDER granting 28 Motion for Extension of Time. GRANTED. By August 10, 2020, the parties shall submit a proposed production schedule. SO ORDERED. (Signed by Judge Analisa Torres on 8/3/2020) (kv) (Entered: 08/03/2020)
2020-08-1030JOINT LETTER addressed to Judge Analisa Torres from Kirti Reddy dated August 10, 2020 re: proposed schedule. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 08/10/2020)
2020-08-1131MEMO ENDORSEMENT on re: 30 Letter, filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: GRANTED. By November 10, 2020, the parties shall submit a joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 8/11/2020) (kv) (Entered: 08/11/2020)
2020-11-1032LETTER addressed to Judge Analisa Torres from Kirti Reddy dated November 10, 2020 re: status. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 11/10/2020)
2020-11-1233MEMO ENDORSEMENT on re: 32 Letter filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: GRANTED. By March 11, 2021, the parties shall submit a joint status letter. (Signed by Judge Analisa Torres on 11/12/2020) (ks) (Entered: 11/12/2020)
2021-03-1134JOINT LETTER addressed to Judge Analisa Torres from Kirti Reddy re: status. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 03/11/2021)
2021-03-1235MEMO ENDORSEMENT on re: 34 Letter filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: By July 12, 2021, the parties shall submit a joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 3/12/2021) (kv) (Entered: 03/12/2021)
2021-04-2836MOTION for Daniel A. McGrath to Withdraw as Attorney . Document filed by American Oversight, Worth Rises..(McGrath, Daniel) (Entered: 04/28/2021)
2021-04-2937MEMO ENDORSED ORDER granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: GRANTED. SO ORDERED. ( Attorney Daniel Alexander McGrath terminated.) (Signed by Judge Analisa Torres on 4/28/21) (yv) (Entered: 04/29/2021)
2021-07-1238JOINT LETTER addressed to Judge Analisa Torres from Kirti Reddy dated July 12, 2021 re: status. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Reddy, Kirti) (Entered: 07/12/2021)
2021-07-1339MEMO ENDORSEMENT on re: 38 Letter filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: GRANTED. By October 15, 2021, the parties shall submit a joint status letter. SO ORDERED. (Signed by Judge Analisa Torres on 7/13/2021) (kv) (Entered: 07/13/2021)
2021-09-1540NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Teleanu, Natasha) (Entered: 09/15/2021)
2021-10-1541JOINT LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu and Mehreen Rasheed dated October 15, 2021 Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Teleanu, Natasha) (Entered: 10/15/2021)
2021-10-1842MEMO ENDORSEMENT on re: 41 Letter, filed by U.S. Department of Homeland Security, U.S. Department Of Justice, U.S. Immigration and Customs Enforcement. ENDORSEMENT: GRANTED. The parties shall submit a joint status letter by November 30, 2021, and every thirty (30) days thereafter. SO ORDERED. (Signed by Judge Analisa Torres on 10/18/2021) (kv) (Entered: 10/18/2021)
2021-11-2943PROPOSED STIPULATION AND ORDER. Document filed by U.S. Department Of Justice, U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Teleanu, Natasha) (Entered: 11/29/2021)
2021-11-3044JOINT LETTER addressed to Judge Analisa Torres from Natasha W. Teleanu and Mehreen Rasheed dated November 30, 2021 re: Status. Document filed by American Oversight..(Rasheed, Mehreen) (Entered: 11/30/2021)
2021-11-3045STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a): IT IS HEREBY STIPULATED AND AGREED, by and between Plaintiffs and Defendants, through their undersigned counsel, as follows: 1.The records produced by DHS, ICE, DOJ-OIP, DOJ-OJP, and DOJ-BOP fully resolve any and all claims Plaintiffs now have or may hereafter acquire against DHS, ICE, DOJ, or the United States of America ("United States"), or any department, agency, officer, or employee of DHS, ICE, DOJ, and/or the United States, for the release of the records arising from Plaintiffs' FOIA Requests at issue in this action. 2.All claims in the above-captioned action are hereby dismissed, without costs or fees to any party, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. 3.Upon entry of this Stipulation and Order by the Court, this case shall be closed,and all pending deadlines shall be cancelled. 4.The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 5.Counsel for Defendants will be filing this Stipulation and Order via the ECF system on behalf of all parties. Pursuant to Rule 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court for the Southern District of New York, counsel for Plaintiffs consents to the electronic filing of this Stipulation and Order by counsel for Defendants. SO ORDERED. (Signed by Judge Analisa Torres on 11/30/2021) (kv) (Entered: 11/30/2021)
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