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Case TitleFirst Look Institute, Inc. et al v. U.S. Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv07052
Date Filed2021-08-20
Date Closed2022-06-27
JudgeMagistrate Judge Barbara C. Moses
PlaintiffFirst Look Institute, Inc.
PlaintiffTravis Mannon
Case DescriptionTravis Manson, a video producer for the Intercept, submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning video and audio recordings of the forced feeding of former detainee Ajay Kumar at the El Paso Service Processing Center in 2019. Manson provided a Privacy Act waiver from Kumar. The agency acknowledged receipt of the request but told Manson that it found no records. Manson filed an administrative appeal but after hearing nothing further from the agency, First Look Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Choice of format, 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
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Opinion/Order [6]
Opinion/Order [7]
Opinion/Order [17]
Opinion/Order [19]
Opinion/Order [26]
Opinion/Order [28]
Opinion/Order [32]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-08-201COMPLAINT against U.S. Immigration and Customs Enforcement. (Filing Fee $ 402.00, Receipt Number ANYSDC-24963829)Document filed by First Look Institute, Inc., Travis Mannon. (Attachments: # 1 Exhibit A - Jan. 14, 2020 FOIA Request, # 2 Exhibit B - Feb. 24, 2020 FOIA Denial, # 3 Exhibit C - FLI's Administrative Appeal, # 4 Exhibit D - ICE's Response to the Administrative Appeal, # 5 Exhibit E - Declaration of [Redacted] in In re Kumar, Case 3:19-mc-00205-FM, # 6 Exhibit F - Section 2.15 of Performance-Based National Detention Standards, # 7 Exhibit G - In re Kumar, Em. Mo. Hearing Transcript (Aug. 19, 2019), # 8 Exhibit H - June 25, 2021 Email).(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-202CIVIL COVER SHEET filed..(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-203RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Look Institute, Inc...(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-204REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by First Look Institute, Inc., Travis Mannon..(Greenberger, Debra) (Entered: 08/20/2021)
2021-08-23CASE 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 . .(vf) (Entered: 08/23/2021)
2021-08-23Magistrate Judge Sarah Netburn 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: 08/23/2021)
2021-08-23Case Designated ECF. (vf) (Entered: 08/23/2021)
2021-08-235ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (vf) (Entered: 08/23/2021)
2021-08-256ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr) (Entered: 08/25/2021)
2021-08-257ORDER: 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.) SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr) (Entered: 08/25/2021)
2021-08-258INITIAL PRETRIAL SCHEDULING ORDER: 1. Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by October 19, 2021, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. 2. COUNSEL FOR PLAINTIFF IS DIRECTED TO IMMEDIATELY SEND A COPY OF THIS ORDER AND THE COURT'S INDIVIDUAL PRACTICES TO ALL PARTIES. ( As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 8/25/2021) (vfr) (Entered: 08/25/2021)
2021-09-099CERTIFICATE OF SERVICE of Summons and Complaint,,. U.S. Immigration and Customs Enforcement served on 8/27/2021, answer due 9/17/2021. Service was accepted by Derick Mayers, Authorized Clerk. Document filed by First Look Institute, Inc.; Travis Mannon..(Greenberger, Debra) (Entered: 09/09/2021)
2021-09-0910CERTIFICATE OF SERVICE of Summons and Complaint,,. U.S. Immigration and Customs Enforcement served on 9/8/2021, answer due 9/29/2021. Service was made by Certified Mail. Document filed by First Look Institute, Inc.; Travis Mannon..(Greenberger, Debra) (Entered: 09/09/2021)
2021-09-2111LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from AUSA Allison Rovner dated September 21, 2021. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 09/21/2021)
2021-09-2212ORDER granting 11 Letter Motion for Extension of Time. GRANTED. SO ORDERED. (Signed by Judge Analisa Torres on 9/22/2021) (tg) (Entered: 09/22/2021)
2021-09-22Set/Reset Deadlines: U.S. Immigration and Customs Enforcement answer due 10/7/2021. (tg) (Entered: 09/22/2021)
2021-10-0713ANSWER to 1 Complaint,,. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 10/07/2021)
2021-10-1914JOINT LETTER addressed to Judge Analisa Torres from AUSA Allison Rovner dated October 19, 2021 re: proposed schedule. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 10/19/2021)
2021-10-2215NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by First Look Institute, Inc., Travis Mannon, U.S. Immigration and Customs Enforcement. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Sarah Netburn. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73. (Signed by Judge Analisa Torres on 10/22/2021).(kv) (Entered: 10/22/2021)
2021-10-27NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Barbara Moses. Please note that this is a reassignment of the designation only. (aea) (Entered: 10/27/2021)
2021-10-27NOTICE OF CASE REASSIGNMENT to Magistrate Judge Barbara C. Moses. Magistrate Judge Sarah Netburn is no longer assigned to the case. (aea) (Entered: 10/27/2021)
2021-11-1916LETTER addressed to Magistrate Judge Barbara C. Moses from AUSA Allison Rovner dated November 19, 2021 re: update to proposed schedule. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 11/19/2021)
2021-11-2317ORDER: The Court is in receipt of the parties' joint letter dated October 19, 2021 (Dkt. No. 14) and defendant's letter dated November 19, 2021 (Dkt. No. 16). Accordingly, it is hereby ORDERED that plaintiffs may file a responding letter no later than November 29, 2021. It is further ORDERED that the parties shall appear for a status conference on December 7, 2021, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse, 500 Pearl Street, New York, NY 10007. ( Status Conference set for 12/7/2021 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 11/23/2021) (rro) (Entered: 11/23/2021)
2021-11-2918RESPONSE re: 16 Letter from ICE dated November 19 . Document filed by First Look Institute, Inc., Travis Mannon. (Attachments: # 1 Exhibit A - Emails).(Greenberger, Debra) (Entered: 11/29/2021)
2021-12-07Minute Entry for proceedings held before Magistrate Judge Barbara Moses: Status Conference held on 12/7/2021. (Snell, Kevin) (Entered: 12/07/2021)
2021-12-0719ORDER: Defendant's Production Schedule. No later than December 20, 2021, defendant shall produce the second five-minute segment of the 59-minute video at issue in this FOIA action (the Video). Thereafter, defendant shall produce the remainder of the Video in three equal segments: one-third no later than January 19, 2022; one-third no later than February 18, 2022; and the final one-third no later than March 18, 2022. Defendant shall ensure that each segment begins immediately after the previously-produced segment; that is, that there are no gaps or missing frames between segments. If defendant determines that it cannot adhere to the production schedule outlined above, it shall so advise the Court by letter no later than December 20, 2021. The Court will then schedule an evidentiary hearing in January 2022 to assess defendant's contention, at which defendant will be required to produce a witness with personal knowledge of the claimed difficulties. The Court will hold a status and scheduling conference on April 7, 2022, at 10:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. In advance of the conference, the parties shall submit a joint status update letter, no later than March 31, 2022. (Status Conference set for 4/7/2022 at 10:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses.) (Signed by Magistrate Judge Barbara C. Moses on 12/7/2021) (rro) (Entered: 12/07/2021)
2021-12-2020FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Victoria J. Noble to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25494445. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Look Institute, Inc., Travis Mannon. (Attachments: # 1 Affidavit Affidavit in Support of PHV Admission, # 2 Text of Proposed Order Proposed Order Admitting Victoria J Noble PHV).(Noble, Victoria) Modified on 12/21/2021 (bcu). (Entered: 12/20/2021)
2021-12-21>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 20 MOTION for Victoria J. Noble to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25494445. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California. We do not accept certificates from a state bar registrar for this state.;. Re-file the motion as a 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.. (bcu) (Entered: 12/21/2021)
2021-12-2121TRANSCRIPT of Proceedings re: Status Conference held on 12/7/2021 before Magistrate Judge Barbara C. Moses. Court Reporter/Transcriber: Carole Ludwig, (212) 420-0771. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/11/2022. Redacted Transcript Deadline set for 1/21/2022. Release of Transcript Restriction set for 3/21/2022.(vfr) (Entered: 12/21/2021)
2021-12-2122NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a Status Conference proceeding held on 12/7/2021 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days... (vfr) (Entered: 12/21/2021)
2022-01-1223SECOND MOTION for Victoria J. Noble to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Look Institute, Inc., Travis Mannon. (Attachments: # 1 Affidavit Affidavit in Support of PHV Admission, # 2 Exhibit Certificates of Good Standing (NY, CA, NY), # 3 Text of Proposed Order Proposed Order).(Noble, Victoria) (Entered: 01/12/2022)
2022-01-13>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 23 SECOND MOTION for Victoria J. Noble to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (aea) (Entered: 01/13/2022)
2022-01-1424ORDER FOR ADMISSION PRO HAC VICE granting 23 Motion for Victoria J. Noble to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Magistrate Judge Barbara C. Moses on 1/14/2022) (mml) (Entered: 01/14/2022)
2022-03-3125JOINT LETTER MOTION to Adjourn Conference and letter providing status report addressed to Magistrate Judge Barbara C. Moses from AUSA Allison Rovner dated March 31, 2022. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 03/31/2022)
2022-04-0126ORDER granting 25 Letter Motion to Adjourn Conference. Application GRANTED. The status conference is hereby ADJOURNED to May 9, 2022, at 11:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than May 2, 2022, the parties shall file a joint letter apprising the Court of the status of the case and any disputes which may require judicial intervention. SO ORDERED. Status Conference set for 5/9/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 4/1/2022) (vfr) (Entered: 04/01/2022)
2022-05-0227JOINT LETTER MOTION to Adjourn Conference and letter providing status report addressed to Magistrate Judge Barbara C. Moses from AUSA Allison Rovner dated May 2, 2022. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 05/02/2022)
2022-05-0328ORDER granting 27 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for May 9, 2022, is hereby ADJOURNED to June 8, 2022, at 11:00 a.m., in Courtroom 20A of the Daniel Patrick Moynihan United States Courthouse. No later than June 1, 2022, the parties shall file a joint status update letter. SO ORDERED. Status Conference set for 6/8/2022 at 11:00 AM in Courtroom 20A, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Barbara C. Moses. (Signed by Magistrate Judge Barbara C. Moses on 5/3/2022) (rro) (Entered: 05/03/2022)
2022-05-2629NOTICE of WITHDRAWAL OF APPEARANCE. Document filed by First Look Institute, Inc., Travis Mannon..(Noble, Victoria) (Entered: 05/26/2022)
2022-05-3130MEMO ENDORSEMENT on re: 29 Notice (Other) filed by First Look Institute, Inc., Travis Mannon. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to tenninate attorney Noble from this action. SO ORDERED. Attorney Victoria Jane Noble terminated. (Signed by Magistrate Judge Barbara C. Moses on 5/31/2022) (rro) (Entered: 05/31/2022)
2022-06-0131JOINT LETTER MOTION to Adjourn Conference and letter providing status update addressed to Magistrate Judge Barbara C. Moses from AUSA Allison Rovner dated June 1, 2022. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 06/01/2022)
2022-06-0332ORDER granting 31 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for June 8, 2022, is hereby ADJOURNED sine die. No later than July 1, 2022, the parties shall file either a stipulation of dismissal with prejudice for the Court to so-order or a joint status update letter in the event that the action is not yet fully resolved by then. SO ORDERED. (Signed by Magistrate Judge Barbara C. Moses on 6/3/2022) (rro) (Entered: 06/03/2022)
2022-06-2433PROPOSED STIPULATION AND ORDER. Document filed by U.S. Immigration and Customs Enforcement..(Rovner, Allison) (Entered: 06/24/2022)
2022-06-2734STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, ICE shall pay to FLI the sum of $7,500.00 (the "Settlement Amount"), by electronic funds transfer to an account in the name of Emery Celli Brinckerhoff Abady Ward & Maazel LLP, as attorney for FLI, using bank routing information to be supplied by counsel for FLI. FLI, through its undersigned attorney, agrees to accept the Settlement Amount as full payment of any costs and/or attorney's fees that it has incurred in connection with this matter. FLI shall be solely responsible for full compliance with all applicable federal, state, and local tax requirements. FLI, through its undersigned attorney, executes this agreement without reliance upon any representation by ICE as to tax consequences, and FLI is responsible for the payment of all taxes that may be associated with this settlement. FLI understands and agrees that this transaction may be reported to the Internal Revenue Service and other government agencies in the ordinary course of the business of the United States. This action is hereby dismissed with prejudice and further set forth in this Order. (Signed by Magistrate Judge Barbara C. Moses on 6/27/2022) (rro) (Entered: 06/27/2022)
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