| Date Filed | Doc # | Docket Text |
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| 2021-05-12 | 1 | COMPLAINT against U.S. Immigration and Customs Enforcement. (Filing Fee $ 402.00, Receipt Number ANYSDC-24532126)Document filed by Lindsay Nash. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Acknowledgment Letter), # 3 Exhibit C (Email Correspondence)).(Nash, Lindsay) (Entered: 05/12/2021) |
| 2021-05-12 | 2 | CIVIL COVER SHEET filed..(Nash, Lindsay) (Entered: 05/12/2021) |
| 2021-05-13 | | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Lindsay Cotten Nash. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) (Entered: 05/13/2021) |
| 2021-05-13 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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 . .(jgo) (Entered: 05/13/2021) |
| 2021-05-13 | | Magistrate 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 . (jgo) (Entered: 05/13/2021) |
| 2021-05-13 | | Case Designated ECF. (jgo) (Entered: 05/13/2021) |
| 2021-05-13 | 3 | ORDER. This case arises under the Freedom of Information Act ("FOIA"), 5 U.S.C. § 552. The parties are hereby ORDERED to submit a joint letter, no later than four weeks from the date of this order and not to exceed three pages, providing (1) a brief description of the materials sought by Plaintiff, the basis for seeking the materials, and the status of any productions already made; (2) a brief description of any claim exemptions from production by Defendant; (3) an anticipated timeline for production of further materials; and (4) whether there is any need for discovery or an initial conference in this case. If there is no such need for discovery or an initial conference, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. Since Defendant has not yet entered a notice of appearance and the docket does not reflect that Defendant has been served with the Complaint, Plaintiff shall promptly serve a copy of this Order on Defendant and file proof of such service. SO ORDERED. (Signed by Judge John P. Cronan on 5/13/2021) (rjm) (Entered: 05/13/2021) |
| 2021-05-13 | 4 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Lindsay Nash..(Nash, Lindsay) Modified on 5/14/2021 (vf). (Entered: 05/13/2021) |
| 2021-05-14 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Lindsay Cotten Nash to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the Summons form. 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: 05/14/2021) |
| 2021-05-17 | 5 | REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 05/17/2021) |
| 2021-05-18 | 6 | ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement..(jgo) (Entered: 05/18/2021) |
| 2021-05-25 | 7 | AFFIDAVIT OF SERVICE (FOIA CASE). U.S. Immigration and Customs Enforcement served on 5/21/2021, answer due 6/21/2021. Service was made by MAIL. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 05/25/2021) |
| 2021-06-04 | 8 | NOTICE OF APPEARANCE by Zachary Bannon on behalf of U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 06/04/2021) |
| 2021-06-08 | 9 | NOTICE OF APPEARANCE by Jessica F. Rosenbaum on behalf of U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 06/08/2021) |
| 2021-06-10 | 10 | JOINT LETTER addressed to Judge John P. Cronan from Lindsay Nash dated June 10, 2021 re: Response to Court's May 13, 2021 Order. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 06/10/2021) |
| 2021-06-14 | 11 | MEMO ENDORSEMENT on re: 10 Letter filed by Lindsay Nash. ENDORSEMENT: The parties' request is granted. The parties shall submit a joint status letter by July 9, 2021. (Signed by Judge John P. Cronan on 6/10/2021) (rro) (Entered: 06/14/2021) |
| 2021-06-21 | 12 | ANSWER to 1 Complaint,. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 06/21/2021) |
| 2021-07-09 | 13 | JOINT LETTER addressed to Judge John P. Cronan from Jessica F. Rosenbaum dated July 9, 2021 re: Case Status. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 07/09/2021) |
| 2021-07-12 | 14 | MEMO ENDORSEMENT re: 13 Letter filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: As proposed, the parties shall file another joint status letter by August 11, 2021. (Signed by Judge John P. Cronan on 7/11/2021) (nb) (Entered: 07/12/2021) |
| 2021-08-11 | 15 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 08/11/2021) |
| 2021-08-17 | 16 | MEMO ENDORSEMENT on re: 15 Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The parties shall file the next joint status letter on or before September 9, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 8/16/2021) (jca) (Entered: 08/17/2021) |
| 2021-09-09 | 17 | JOINT LETTER addressed to Judge John P. Cronan from Lindsay Nash dated September 9, 2021 re: Status Letter. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 09/09/2021) |
| 2021-09-10 | 18 | MEMO ENDORSEMENT on re: 17 Letter filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: This request is granted. The parties shall file an additional joint status letter on or before September 24, 2021. (Signed by Judge John P. Cronan on 9/10/2021) (ate) (Entered: 09/10/2021) |
| 2021-09-24 | 19 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 09/24/2021) |
| 2021-10-05 | 20 | MEMO ENDORSEMENT on re: 19 Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The parties shall appear for a telephonic status conference on October 15, 2021 at 10:30 a.m. At the scheduled time, counsel for all parties should call (866) 434-5269, access code 9176261. SO ORDERED. ( Telephone Conference set for 10/15/2021 at 10:30 AM before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/5/2021) (vfr) (Entered: 10/05/2021) |
| 2021-10-06 | 21 | ORDER: After further consideration, the parties shall appear for an in-person status conference on October 15, 2021 at 10:30 a.m. in Courtroom 12D of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. If either party requests that the conference occur by telephone instead, the parties shall advise the Court by joint letter by October 12, 2021. SO ORDERED. (Status Conference set for 10/15/2021 at 10:30 AM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge John P. Cronan.) (Signed by Judge John P. Cronan on 10/6/2021) (jca) (Entered: 10/06/2021) |
| 2021-10-15 | | Minute Entry for proceedings held before Judge John P. Cronan: Conference held on October 15, 2021. Conference held to discuss issues regarding Defendants production of records to Plaintiff. Parties are directed to meet and confer, and Defendant shall file a letter addressing whether it will consent to a limited search of field offices and a more targeted review of its databases by October 22, 2021. If parties do not reach an agreement, parties may brief the appropriate relief for the Court to order, with Plaintiffs letter brief due October 29, 2021, and Defendants letter brief due November 5, 2021. The Court waives any applicable letter length limits in its Individual Rules. (Court Reporter Alena Lynch). (mhe) (Entered: 10/28/2021) |
| 2021-10-22 | 22 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 10/22/2021) |
| 2021-10-25 | 23 | MEMO ENDORSEMENT on re: 22 Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: This request is granted. The parties shall file the letter by November 5, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 10/25/2021) (jca) (Entered: 10/25/2021) |
| 2021-11-05 | 24 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 11/05/2021) |
| 2021-11-09 | 25 | MEMO ENDORSEMENT on re: 24 Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The request is granted. The parties shall file an additional joint status letter on November 12, 2021. The briefing schedule on the production dispute set at the October 15, 2021 conference is adjourned sine die. The parties shall inform the Court if they reach an impasse such that briefing is necessary. SO ORDERED. (Signed by Judge John P. Cronan on 11/8/2021) (jca) (Entered: 11/09/2021) |
| 2021-11-12 | 26 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 11/12/2021) |
| 2021-11-15 | 27 | MEMO ENDORSEMENT on re: 26 Status Report filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The request is granted. If necessary, the Plaintiff shall submit a letter brief on the production dispute by December 3, 2021 and the Defendant shall respond by December 10, 2021. SO ORDERED. (Motions due by 12/3/2021., Responses due by 12/10/2021) (Signed by Judge John P. Cronan on 11/15/2021) (jca) (Entered: 11/15/2021) |
| 2021-11-29 | 28 | JOINT LETTER MOTION for Extension of Time to file letter briefing addressed to Judge John P. Cronan from Zachary Bannon dated 11/29/2021. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 11/29/2021) |
| 2021-11-29 | 29 | ORDER granting 28 JOINT LETTER MOTION for Extension of Time to file letter briefing. This request is granted. Plaintiff's letter brief is due by December 20, 2021 and ICE's response is due by December 28, 2021. SO ORDERED. (Signed by Judge John P. Cronan on 11/29/2021) (jca) (Entered: 11/29/2021) |
| 2021-11-29 | | Set/Reset Deadlines: Motions due by 12/20/2021. Responses due by 12/28/2021 (jca) (Entered: 11/29/2021) |
| 2021-12-17 | 30 | PROPOSED STIPULATION AND ORDER. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 12/17/2021) |
| 2021-12-20 | 31 | STIPULATION AND ORDER: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties as follows: 1. The Parties agree that, in settlement of Plaintiff's Warrant Record Request, Defendant will implement the following search procedure: a. Defendant will select a sample of individuals from a dataset consisting of individuals who were booked into detention following the issuance of a detainer between October 2014 and November 2020. The sample will consist of fifty individuals per quarter over that time period (the "Sample Set"). b. Defendant will query its electronic records at a headquarters level for each individual within the Sample Set to determine whether there is a draft (meaning unsigned) I-200 warrant associated with that individual (the "Warrant Sample"). c. Within the Warrant Sample, Defendant will remove records associated with individuals subject to statutory privacy prohibitions on disclosure. d. Defendant will process the remaining draft I-200 warrants from the Warrant Sample in accordance with the exemptions delineated at 5 U.S.C. § 552(b). e. After processing, Defendant shall produce the Warrant Sample to Plaintiff. 2. Defendant will conduct the steps outlined in Paragraphs 1(a)-(c) by four months following entry of this Stipulation. Thereafter, Defendant will process the remaining records from the Warrant Sample in accordance with Paragraph 1(d) at a rate of 500 pages per month and produce the resultant records on a rolling basis. 3. In consideration for the search procedure outlined in Paragraphs 1 and 2, Plaintiff agrees to waive her right to challenge Defendant's response to her Warrant Record Request, which includes, but is not limited to, waiver of the right to challenge (a) the adequacy of searches beyond compliance with the search described in this Stipulation, and (b) withholdings applied except the agency's withholding of records from the Warrant Sample that are not justified under Paragraph 1(d) of this Stipulation. 4. The Parties agree that Paragraphs 1-3 do not limit or otherwise waive Plaintiff's ability to assert arguments on summary judgment relating to Defendants obligations to respond the Subpoena Record Request. 5. 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. 6. This Stipulation shall be governed by, interpreted under, and construed in accordance with federal law. 7. The Stipulation shall be binding upon and inure to the benefit of the Parties and their respective successors and assigns. 8. If not approved and entered by the Court, this Stipulation shall be null and void, with no force or effect. 9. The Stipulation may be executed in one or more counterparts, each of which shall be deemed to be one and the same. SO ORDERED. (Signed by Judge John P. Cronan on 12/20/2021) (jca) (Entered: 12/20/2021) |
| 2022-01-03 | 32 | NOTICE OF APPEARANCE by Peter L. Markowitz on behalf of Lindsay Nash..(Markowitz, Peter) (Entered: 01/03/2022) |
| 2023-07-27 | 33 | ORDER: The parties are therefore ordered the file a status letter by August 2, 2023, updating the Court on any events that have occurred in this litigation since the stipulation was entered, and informing the Court of whether either party continues to seek relief from the Court or whether, instead, this case may be closed. SO ORDERED. (Signed by Judge John P. Cronan on 7/27/2023) (ama) (Entered: 07/27/2023) |
| 2023-08-02 | 34 | LETTER addressed to Judge John P. Cronan from Lindsay Nash dated August 2, 2023 re: Status Update in Response to Court's July 27, 2023 Order. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 08/02/2023) |
| 2023-08-04 | 35 | MEMO ENDORSEMENT on re: 34 Letter filed by Lindsay Nash. ENDORSEMENT: The request is granted. The parties shall file an additional status letter by October 2, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 8/4/2023) (kv) (Entered: 08/04/2023) |
| 2023-10-02 | 36 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 10/02/2023) |
| 2023-10-03 | 37 | MEMO ENDORSEMENT on re: 36 Status Report filed by U.S. Immigration and Customs Enforcement ENDORSEMENT The request is granted. The parties are ordered to submit a further status letter by October 10, 2023. The parties are further ordered to include in their status letter an update on both this action and the related action, No. 23 Civ. 6994 (S.D.N.Y.). SO ORDERED. (Signed by Judge John P. Cronan on 10/3/2023) (jca) (Entered: 10/03/2023) |
| 2023-10-10 | 38 | STATUS REPORT. Document filed by Lindsay Nash..(Nash, Lindsay) (Entered: 10/10/2023) |
| 2023-10-11 | 39 | MEMO 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) |
| 2023-11-01 | 40 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 11/01/2023) |
| 2023-11-02 | 41 | MEMO 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) |
| 2023-11-30 | 42 | LETTER 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) |
| 2023-11-30 | 43 | PROPOSED STIPULATION AND ORDER. Document filed by U.S. Immigration and Customs Enforcement..(Rosenbaum, Jessica) (Entered: 11/30/2023) |
| 2023-12-01 | 44 | STIPULATION AND ORDER NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the Parties as follows: 1. The Parties agree that, in settlement of the adequacy of search disputes regardingPlaintiffs Subpoena Record Request, Defendant will implement the following search procedures:a. Defendant will search for and produce an updated version of theExcel spreadsheet entitled 2021-ICLI-00047 ImmigrationSubpoenas-CAPHQ.xlsx that is current through November 30,2023. This spreadsheet will be produced first and in an unrestricted,editable, Excel format that is not password-protected.b. Defendant will search for and produce the final, issued version offorty (40) subpoenas (Forms I-138) of Plaintiffs choosing using alist that Plaintiff will provide to Defendant on or before December8, 2023. These forms will be produced as pdfs that are notpassword-protected.c. Defendant will conduct a search of the email accounts of each of theassistant field office directors and deputy field office directors whoapproved administrative subpoenas (Forms I-138) in the followingten field offices: Boston, Chicago, Detroit, New Orleans, New YorkCity, Philadelphia, San Diego, San Francisco, Seattle, and St. Paul,in accordance with the following parameters: i. In conducting this search, Defendant will use the search term I-138 to search all emails (including attachments) sent to andreceived by those officers, from the period of January 1, 2021,to November 30, 2023.ii. Defendant will produce any and all Forms I-138 identified in thesearch, but not the accompanying cover emails or other recordsthat used the term I-138.iii. Defendant will process the records described above inaccordance with the exemptions delineated at 5 U.S.C. § 552(b),and, after processing, promptly produce the records to Plaintiffas non-password-protected pdf files.2. Defendant will conduct and complete the searches outlined in Paragraph 1 byJanuary 31, 2024. Thereafter, Defendant will process the records at a rate of 500 pages per monthand produce the resultant records on a rolling basis, with the first production scheduled to bereleased on February 29, 2024. 3. Upon the final production by Defendant of records under Paragraph 1, Plaintiffshall have 30 days to raise any withholding concerns and the Parties shall thereafter attempt toresolve any dispute concerning withholding. If the Parties resolve their dispute, the Parties agreeto enter into a stipulation dismissing this matter; alternatively, if any such dispute cannot beresolved, the Parties agree to propose a summary judgment briefing schedule to the Court.4. In consideration for the search procedure and productions outlined in Paragraph 1,Plaintiff agrees to waive her right to challenge the adequacy of Defendants search for recordsresponsive to the Subpoena Record Request, which includes, but is not limited to, waiver of the right to challenge (a) the adequacy of searches beyond compliance with the search described inthis Stipulation, and (b) withholdings applied except the agencys withholding in the productionof records under Paragraph 1.5. The Parties agree that Paragraphs 1 through 4 do not limit or otherwise waivePlaintiffs ability to assert arguments on summary judgment relating to the production of, includingredactions within, Defendants response to the Subpoena Records Request, subject to theprocedure set forth in Paragraph 3. 6. The Parties understand and agree that this Stipulation contains the entire agreementbetween 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. 7. This Stipulation shall be governed by, interpreted under, and construed inaccordance with federal law.8. The Stipulation shall be binding upon and inure to the benefit of the Parties andtheir respective successors and assigns.9. If not approved and entered by the Court, this Stipulation shall be null and void,with no force or effect. 10. The Stipulation may be executed in one or more counterparts, each of which shallbe deemed to be one and the same. SO ORDERED. (Signed by Judge John P. Cronan on 12/1/2023) (jca) (Entered: 12/01/2023) |
| 2023-12-01 | 45 | MEMO 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) |
| 2024-03-08 | 46 | STATUS REPORT. Document filed by U.S. Immigration and Customs Enforcement..(Bannon, Zachary) (Entered: 03/08/2024) |
| 2024-03-11 | 47 | MEMO ENDORSEMENT on re: 46 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) |
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