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Case TitleNew York Legal Assistance Group, Inc. v. United States Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv05928
Date Filed2022-07-12
Date ClosedOpen
JudgeJudge Alvin K. Hellerstein
PlaintiffNew York Legal Assistance Group, Inc.
Case DescriptionNew York Legal Assistance Group submitted FOIA requests to the Department of Homeland Security for records concerning the involvement of agency components in protests that occurred in New York City between May 25, 2020 and September 29, 2020. The agency acknowledged receipt of the request but after hearing nothing further, NYLAG filed an administrative appeal. Having heard nothing further pertaining to its appeal, NYLAG filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
DefendantUnited States Immigration and Customs Enforcement
DefendantUnited States Customs and Border Protection
DefendantUnited States Secret Service
DefendantFederal Protective Services
DefendantOffice of Intelligence and Analysis
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
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-121COMPLAINT against Federal Protective Service, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service. (Filing Fee $ 402.00, Receipt Number ANYSDC-26400235)Document filed by New York Legal Assistance Group, Inc.. (Attachments: # 1 Exhibit A - FOIA Request to DHS and ICE, # 2 Exhibit B - 2021-HQFO-00013, # 3 Exhibit C - BP-2021-000784, # 4 Exhibit D - USSS-20210010, # 5 Exhibit E - October 15, 2020, USSS Reply, # 6 Exhibit F - 2021-ICFO-04458, # 7 Exhibit G - 2021-IAFO-00006, # 8 Exhibit H - February 2, 2021 NYLAG Response, # 9 Exhibit I - February 11, 2021 Letter from DHS, # 10 Exhibit J - Administrative Appeal, # 11 Exhibit K - September 3, 2021 Letter, # 12 Exhibit L - September 3, 2021 Letter, # 13 Exhibit M - 2021-HQAP-00226, # 14 Exhibit N - 2021-HQAP-00226, # 15 Exhibit O - 2021-HQAP-00226, # 16 Exhibit P - 2021-HQAP-00227, # 17 Exhibit Q - 2021-HQAP-00227, # 18 Exhibit R - 2021-HQAP-00227).(Suskin, Marc) (Entered: 07/12/2022)
2022-07-122CIVIL COVER SHEET filed..(Suskin, Marc) (Entered: 07/12/2022)
2022-07-123FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) Modified on 7/13/2022 (pc). (Entered: 07/12/2022)
2022-07-124FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) Modified on 7/13/2022 (pc). (Entered: 07/12/2022)
2022-07-125FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) Modified on 7/13/2022 (pc). (Entered: 07/12/2022)
2022-07-126FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Secret Service, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) Modified on 7/13/2022 (pc). (Entered: 07/12/2022)
2022-07-127FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Federal Protective Service, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) Modified on 7/13/2022 (pc). (Entered: 07/12/2022)
2022-07-128FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Office of Intelligence and Analysis, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) Modified on 7/13/2022 (pc). (Entered: 07/12/2022)
2022-07-129RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/12/2022)
2022-07-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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: 07/13/2022)
2022-07-13Magistrate Judge Robert W. Lehrburger 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: 07/13/2022)
2022-07-13Case Designated ECF. (pc) (Entered: 07/13/2022)
2022-07-13***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Marc Raymond Suskin. The party information for the following party/parties has been modified: Federal Protective Service. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) (Entered: 07/13/2022)
2022-07-13***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Marc Raymond Suskin to RE-FILE Document No. 3 Request for Issuance of Summons, 7 Request for Issuance of Summons, 8 Request for Issuance of Summons, 5 Request for Issuance of Summons, 4 Request for Issuance of Summons, 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Caption title does not exactly match complaint caption title ( Federal Protective Services). 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. (pc) (Entered: 07/13/2022)
2022-07-1410NOTICE OF APPEARANCE by Danielle Feldman Tarantolo on behalf of New York Legal Assistance Group, Inc...(Tarantolo, Danielle) (Entered: 07/14/2022)
2022-07-1411REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/14/2022)
2022-07-1412REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/14/2022)
2022-07-1413REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/14/2022)
2022-07-1414REQUEST FOR ISSUANCE OF SUMMONS as to United States Secret Service, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/14/2022)
2022-07-1415REQUEST FOR ISSUANCE OF SUMMONS as to Federal Protective Services, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/14/2022)
2022-07-1416REQUEST FOR ISSUANCE OF SUMMONS as to Office of Intelligence and Analysis, re: 1 Complaint,,,,. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 07/14/2022)
2022-07-1517ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security. (sj) (Entered: 07/15/2022)
2022-07-1518ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (sj) (Entered: 07/15/2022)
2022-07-1519ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection. (sj) (Entered: 07/15/2022)
2022-07-1520ELECTRONIC SUMMONS ISSUED as to United States Secret Service..(sj) (Entered: 07/15/2022)
2022-07-1521ELECTRONIC SUMMONS ISSUED as to Federal Protective Services..(sj) (Entered: 07/15/2022)
2022-07-1522ELECTRONIC SUMMONS ISSUED as to Office of Intelligence and Analysis..(sj) (Entered: 07/15/2022)
2022-08-1223SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. United States Department of Homeland Security served on 7/20/2022, answer due 8/19/2022. Service was made by Mail. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 08/12/2022)
2022-08-1224SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. United States Immigration and Customs Enforcement served on 7/20/2022, answer due 8/19/2022. Service was made by Mail. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 08/12/2022)
2022-08-1225SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. United States Customs and Border Protection served on 7/20/2022, answer due 8/19/2022. Service was made by Mail. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 08/12/2022)
2022-08-1226SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. United States Secret Service served on 7/20/2022, answer due 8/19/2022. Service was made by Mail. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 08/12/2022)
2022-08-1227SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. Federal Protective Services served on 7/20/2022, answer due 8/19/2022. Service was made by Mail. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 08/12/2022)
2022-08-1228SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. Office of Intelligence and Analysis served on 7/20/2022, answer due 8/19/2022. Service was made by Mail. Document filed by New York Legal Assistance Group, Inc...(Suskin, Marc) (Entered: 08/12/2022)
2022-08-2429NOTICE OF APPEARANCE by David E. Farber on behalf of Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 08/24/2022)
2022-09-0730LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from David Farber dated 9/7/2022. Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 09/07/2022)
2022-09-0831ORDER granting 30 Letter Motion for Extension of Time to Answer re 30 LETTER MOTION for Extension of Time to File Answer addressed to Judge Alvin K. Hellerstein from David Farber dated 9/7/2022., 1 Complaint. The request is granted. The government shall answer or otherwise respond by September 16, 2022. SO ORDERED. ( All Defendants ). (Signed by Judge Alvin K. Hellerstein on 9/8/22) (yv) (Entered: 09/08/2022)
2022-09-1632ANSWER to 1 Complaint,,,,. Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 09/16/2022)
2022-12-2133JOINT LETTER addressed to Judge Alvin K. Hellerstein from David Farber dated 12/21/2022 re: Status Update on Schedule for Processing of Documents in Response to FOIA Request. Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 12/21/2022)
2022-12-2234MEMO ENDORSEMENT on re: 33 Letter, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security. ENDORSEMENT: So ordered. A status report shall be filed on or before March 23, 2023. (Signed by Judge Alvin K. Hellerstein on 12/22/2022) (vfr) (Entered: 12/22/2022)
2023-02-0335SCHEDULING ORDER: The parties are hereby ordered to appear for an initial conference on February 24, 2023 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than February 22, 2023, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 2/24/2023 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 2/3/23) (yv) (Entered: 02/03/2023)
2023-02-1736NOTICE OF APPEARANCE by Genesis Miranda on behalf of New York Legal Assistance Group, Inc...(Miranda, Genesis) (Entered: 02/17/2023)
2023-02-2137NOTICE OF APPEARANCE by Nicholas Andrew Flath on behalf of New York Legal Assistance Group, Inc...(Flath, Nicholas) (Entered: 02/21/2023)
2023-02-2138NOTICE OF APPEARANCE by Bingxin Wu on behalf of New York Legal Assistance Group, Inc...(Wu, Bingxin) (Entered: 02/21/2023)
2023-03-1039STATUS REPORT. regarding FOIA Processing and Production. Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 03/10/2023)
2023-03-1440MEMO ENDORSEMENT on re: 39 Status Report, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security. ENDORSEMENT : Report is accepted. Next reporting date of April 28, 2023 is so Ordered. (Signed by Judge Alvin K. Hellerstein on 3/14/23) (yv) (Entered: 03/14/2023)
2023-04-2841STATUS REPORT. regarding FOIA Processing and Production Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 04/28/2023)
2023-05-0242MEMO ENDORSEMENT on re: 41 Status Report, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security. ENDORSEMENT: The parties shall submit a further status report by June 30, 2023. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 5/2/23) (yv) (Entered: 05/02/2023)
2023-06-2243MOTION for Nicholas M. Flath to Withdraw as Attorney . Document filed by New York Legal Assistance Group, Inc...(Flath, Nicholas) (Entered: 06/22/2023)
2023-06-3044STATUS REPORT. regarding FOIA Processing and Production Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 06/30/2023)
2023-07-0545MEMO ENDORSED ORDER granting 43 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. ( Attorney Nicholas Andrew Flath terminated.) (Signed by Judge Alvin K. Hellerstein on 7/5/23) (yv) (Entered: 07/05/2023)
2023-07-0546MEMO ENDORSEMENT on re: 44 Status Report, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security. ENDORSEMENT : The parties shall provide a further status report by August 25, 2023. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/5/23) (yv) (Entered: 07/05/2023)
2023-08-2547STATUS REPORT. regarding FOIA Processing and Production Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 08/25/2023)
2023-08-2848MEMO ENDORSEMENT on re: 47 Status Report, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/28/23) (yv) (Entered: 08/28/2023)
2023-10-2749STATUS REPORT. regarding FOIA Processing and Production Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 10/27/2023)
2023-10-3050MEMO ENDORSEMENT on re: 49 Status Report, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security. ENDORSEMENT: SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 10/30/2023) (tg) (Entered: 10/30/2023)
2023-12-2951STATUS REPORT. Regarding FOIA processing and production. Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 12/29/2023)
2024-01-3152STATUS REPORT. Regarding FOIA processing and production. Document filed by Federal Protective Services, Office of Intelligence and Analysis, United States Customs and Border Protection, United States Department of Homeland Security, United States Immigration and Customs Enforcement, United States Secret Service..(Farber, David) (Entered: 01/31/2024)
2024-02-0153MEMO ENDORSEMENT on re: 51 Status Report, filed by Office of Intelligence and Analysis, United States Immigration and Customs Enforcement, United States Customs and Border Protection, United States Secret Service, Federal Protective Services, United States Department of Homeland Security. ENDORSEMENT: By February 29, 2024, the government either will produce all documents required to be produced, or identify all documents not produced on a log satisfying the requirements of Vaughn v. Rosen, 484 F.2d 820, 827 (D.C. Cir. 1973). If a document is being reviewed by another agency or entity, the document and the agency shall both be identified and a date for production, not later than March 28, 2024, shall be given. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 2/1/24) (yv) (Entered: 02/01/2024)
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