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Case TitleRapid Defense Network et al v. United States Immigration & Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv06788
Date Filed2021-08-12
Date ClosedOpen
JudgeJudge Jessica G. L. Clarke
PlaintiffRapid Defense Network
PlaintiffTransgender Law Center
Case DescriptionThe Rapid Defense Network and the Transgender Law Center submitted FOIA requests to U.S. Immigration and Customs Enforcement for records concerning transgendered individuals in detention. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, the Rapid Defense Network and the Transgender Law Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Immigration & Customs Enforcement
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [22]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-121COMPLAINT against United States Immigration & Customs Enforcement . (Filing Fee $ 402.00, Receipt Number ANYSDC-24924074)Document filed by Rapid Defense Network, Transgender Law Center. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4).(Schell, Jacquelyn) (Entered: 08/12/2021)
2021-08-122FILING ERROR - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration & Customs Enforcement c/o United States Department of Justice, re: 1 Complaint,. Document filed by Rapid Defense Network , Transgender Law Center..(Schell, Jacquelyn) Modified on 8/12/2021 (jgo). (Entered: 08/12/2021)
2021-08-123REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration & Customs Enforcement, re: 1 Complaint,. Document filed by Rapid Defense Network , Transgender Law Center.(Schell, Jacquelyn) (Entered: 08/12/2021)
2021-08-124REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration & Customs Enforcement c/o United States Attorney's Office, SDNY, re: 1 Complaint,. Document filed by Rapid Defense Network, Transgender Law Center..(Schell, Jacquelyn) (Entered: 08/12/2021)
2021-08-125REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration & Customs Enforcement c/o United States Department of Justice, re: 1 Complaint,. Document filed by Rapid Defense Network , Transgender Law Center..(Schell, Jacquelyn) (Entered: 08/12/2021)
2021-08-126CIVIL COVER SHEET filed..(Schell, Jacquelyn) (Entered: 08/12/2021)
2021-08-127RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Rapid Defense Network, Transgender Law Center.(Schell, Jacquelyn) M (Entered: 08/12/2021)
2021-08-13***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jacquelyn Nicole Schell. The party information for the following party/parties has been modified: RAPID DEFENSE NETWORK, UNITED STATES IMMIGRATION & CUSTOMS ENFORCEMENT. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (vf) (Entered: 08/13/2021)
2021-08-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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: 08/13/2021)
2021-08-13Magistrate Judge Ona T. Wang 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 . (vf) (Entered: 08/13/2021)
2021-08-13Case Designated ECF. (vf) (Entered: 08/13/2021)
2021-08-138ELECTRONIC SUMMONS ISSUED as to United States Immigration & Customs Enforcement. (vf) (Entered: 08/13/2021)
2021-08-139ELECTRONIC SUMMONS ISSUED as to United States Immigration & Customs Enforcement..(vf) (Entered: 08/13/2021)
2021-08-1310ELECTRONIC SUMMONS ISSUED as to United States Immigration & Customs Enforcement. (vf) (Entered: 08/13/2021)
2021-08-1811NOTICE OF PRETRIAL CONFERENCE: Counsel for all parties are directed to appear before the Court for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on November 18, 2021 at 10:15 a.m. in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Initial Conference set for 11/18/2021 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/18/2021) (ate) (Entered: 08/18/2021)
2021-08-1812NOTICE OF PRETRIAL CONFERENCE: Per the SDNY COVID-19 COURTHOUSE ENTRY PROGRAM, anyone who appears at any SDNY courthouse must complete a questionnaire and have their temperature taken. Please see the instructions, attached below. Completing the questionnaire ahead of time will save time and effort upon entry. Only those individuals who meet the entry requirements established by the questionnaire will be permitted entry. Please contact chambers if you do not meet the requirements. (And as further set forth herein.) SO ORDERED. Initial Conference set for 11/18/2021 at 10:15 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 8/18/2021) (jca) (Entered: 08/18/2021)
2021-08-2313CERTIFICATE of Counsel by Jacquelyn Nicole Schell on behalf of Transgender Law Center. Re: 11 Order for Initial Pretrial Conference,, 12 Order for Initial Pretrial Conference,,. Certificate of Service .(Schell, Jacquelyn) (Entered: 08/23/2021)
2021-08-2414NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 08/24/2021)
2021-08-2515AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. United States Immigration & Customs Enforcement served on 8/17/2021, answer due 9/16/2021. Service was accepted by Dominic Bettiea, US Attorney's Office, SDNY. Document filed by Rapid Defense Network ; Transgender Law Center..(Schell, Jacquelyn) (Entered: 08/25/2021)
2021-08-2516AFFIDAVIT OF SERVICE of Summons & Complaint, etc. served on US Immigration & Customs Enforcement c/o US Dep't of Justice on 8/20/2021. Service was made by mail. Document filed by Rapid Defense Network, Transgender Law Center..(Schell, Jacquelyn) (Entered: 08/25/2021)
2021-09-1617ANSWER to 1 Complaint,. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 09/16/2021)
2021-09-1718MOTION for Matthew Edward Kelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25078012. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Rapid Defense Network, Transgender Law Center. (Attachments: # 1 Exhibit Declaration of Matthew E. Kelley, # 2 Text of Proposed Order Proposed Order).(Kelley, Matthew) (Entered: 09/17/2021)
2021-09-20>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 18 MOTION for Matthew Edward Kelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25078012. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 09/20/2021)
2021-09-2019ORDER granting 18 MOTION for Matthew Edward Kelley to Appear Pro Hac Vice. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/20/2021) (jca) (Entered: 09/20/2021)
2021-11-1220JOINT LETTER MOTION to Adjourn Conference addressed to Judge Paul G. Gardephe from AUSA Tomoko Onozawa dated November 12, 2021. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 11/12/2021)
2021-11-1721NOTICE OF APPEARANCE by Joseph Slaughter on behalf of Rapid Defense Network, Transgender Law Center..(Slaughter, Joseph) (Entered: 11/17/2021)
2021-11-1722ORDER granting 20 Letter Motion to Adjourn Conference. MEMO ENDORSED: The initial pretrial conference currently scheduled for November 18, 2021 is adjourned sine die. The parties will submit a joint letter by December 1, 2021 to update the Court on the status of their settlement negotiations. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/17/2021) (mml) (Entered: 11/18/2021)
2021-12-0123PROPOSED STIPULATION AND ORDER. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 12/01/2021)
2021-12-0124STATUS REPORT. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 12/01/2021)
2021-12-0225STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION BY DEFENDANT: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiffs and Defendant as follows: 1. On or before December 15, 2021, and on or before the 15th of each month thereafter, Defendant shall review approximately 500 pages and complete processing (i.e., release of the requested documents, notification to Plaintiffs of the complete or partial withholding pursuant to any applicable FOIA exemption, or consultations with or referrals to other agencies or components) of records responsive to the Non-Excepted Requests. 2. The parties shall meet and confer to negotiate the scope of the Excepted Requests and a consensual schedule for Defendant's processing and production of the Excepted Requests as modified, except to the extent that such documents are withheld or redacted pursuant to applicable FOIA exemptions. If the parties cannot agree on a processing and production schedule, they shall file a letter with the Court setting forth the parties' respective positions and requesting an order setting forth such a schedule. 3. By entering into this Stipulation and Order, Defendant does not concede that Plaintiffs are entitled to prevailing party status under FOIA's fee-shifting provision, 5 U.S.C. § 552(a)(4)(E), and Plaintiffs do not waive any right (i) to file a motion opposing Defendant's complete or partial withholding of responsive documents pursuant to any applicable FOIA exemption; (ii) to request an award of fees pursuant to 5 U.S.C. § 552(a)(4)(E) at the conclusion of this litigation; or (iii) to make any other request for documents in a subsequent FOIA request outside of this litigation. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/2/2021) (ks) (Entered: 12/02/2021)
2021-12-0226MEMO ENDORSEMENT on re: 24 Status Report filed by United States Immigration & Customs Enforcement. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/2/2021) (ks) (Entered: 12/02/2021)
2021-12-1527STATUS REPORT. Regarding processing and production schedule Document filed by Rapid Defense Network, Transgender Law Center..(Kelley, Matthew) (Entered: 12/15/2021)
2022-11-0428JOINT LETTER addressed to Judge Paul G. Gardephe from Matthew E. Kelley dated 11/04/2022 re: Case Status. Document filed by Rapid Defense Network, Transgender Law Center..(Kelley, Matthew) (Entered: 11/04/2022)
2023-04-0729LETTER addressed to Judge Paul G. Gardephe from Matthew E. Kelley dated 04/07/2023 re: Case Status. Document filed by Rapid Defense Network, Transgender Law Center..(Kelley, Matthew) (Entered: 04/07/2023)
2023-04-1030MEMO ENDORSEMENT on re: 29 Letter filed by Rapid Defense Network, Transgender Law Center. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 4/10/2023) (rro) (Entered: 04/11/2023)
2023-05-3031LETTER addressed to Judge Paul G. Gardephe from Matthew E. Kelley dated May 30, 2023 re: Case Status. Document filed by Rapid Defense Network, Transgender Law Center..(Kelley, Matthew) (Entered: 05/30/2023)
2023-05-3132MEMO ENDORSEMENT on re: 31 Letter Case Status filed by Rapid Defense Network, Transgender Law Center. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/31/23) (yv) (Entered: 06/01/2023)
2023-07-25NOTICE OF CASE ASSIGNMENT to Judge Jessica G. L. Clarke. Judge Paul G. Gardephe is no longer assigned to the case..(kgo) (Entered: 07/25/2023)
2023-07-2633NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. Unless and until the Court orders otherwise, all prior orders, dates and deadlines shall remain in effect notwithstanding the case's reassignment, including the joint status letter due July 31, 2023, except that any currently scheduled conference or oral argument before the Court is adjourned pending further order of the Court. All counsel must familiarize themselves with the Court's Individual Rules Practices, which are available at https://nysd.uscourts.gov/hon-jessica-g-l-clarke. (Signed by Judge Jessica G. L. Clarke on 7/26/2023) (tro) (Entered: 07/26/2023)
2023-07-3134STATUS REPORT. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 07/31/2023)
2023-08-0135MEMO ENDORSEMENT on re: 34 Status Report filed by United States Immigration & Customs Enforcement. ENDORSEMENT: Application GRANTED. The parties shall submit a joint status letter by October 2, 2023. If the parties resolve this matter prior to October 2, 2023, the parties shall immediately notify the Court. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 8/1/2023) (tg) (Entered: 08/01/2023)
2023-10-0236STATUS REPORT. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 10/02/2023)
2023-10-0337MEMO ENDORSEMENT on re: 36 Status Report filed by United States Immigration & Customs Enforcement ENDORSEMENT Application GRANTED. The parties shall submit a joint status letter to the Court by December 4, 2023. If the parties resolve this matter prior to December 4, 2023, they will advise the Court in writing and file a stipulation and proposed order for the Court's review and approval. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 10/3/2023) (jca) (Entered: 10/03/2023)
2023-12-0438STATUS REPORT. Document filed by United States Immigration & Customs Enforcement..(Onozawa, Tomoko) (Entered: 12/04/2023)
2023-12-0539MEMO ENDORSEMENT on re: 38 Status Report filed by United States Immigration & Customs Enforcement. ENDORSEMENT: Application GRANTED. The parties shall submit a joint status letter to the Court by February 5, 2024. If the parties resolve this matter prior to February 5, 2024, they shall advise the Court in writing and file a stipulation and proposed order for the Court's review and approval. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 12/5/2023) (tg) (Entered: 12/05/2023)
2024-02-0540LETTER addressed to Judge Jessica G. L. Clarke from Matthew E. Kelley dated 02/05/2024 re: Status Report. Document filed by Rapid Defense Network, Transgender Law Center..(Kelley, Matthew) (Entered: 02/05/2024)
2024-02-0641MEMO ENDORSEMENT: on re: 40 Letter filed by Rapid Defense Network, Transgender Law Center. ENDORSEMENT: Application GRANTED. The parties shall submit a joint status letter to the Court by May 2, 2024. If the parties resolve this matter prior to May 2, 2024, they shall advise the Court in writing and file a stipulation and proposed order for the Court's review and approval. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 2/06/2024) (ama) (Entered: 02/06/2024)
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