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Case TitleBrennan Center For Justice At New York University School Of Law v. U.S. Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv07038
Date Filed2022-08-18
Date ClosedOpen
JudgeJudge Colleen McMahon
PlaintiffBrennan Center For Justice At New York University School Of Law
Case DescriptionThe Brennan Center for Justice submitted a FOIA request to the Department of Homeland Security for records concerning the nature of social media monitoring services provided or marketed by Voyager Labs, Logically, Inc., or ShadowDragon. The Brennan Center also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the Brennan Center filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Homeland Security
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
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
Opinion/Order [24]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-181COMPLAINT against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 402.00, Receipt Number ANYSDC-26564486)Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Exhibit A (FOIA request), # 2 Exhibit B (Request Acknowledged by DHS), # 3 Exhibit C (DHS transfer to I_A), # 4 Exhibit D (DHS closes request), # 5 Exhibit E (I_A assigns case no), # 6 Exhibit F (need update), # 7 Exhibit G (DHS extension 1-12-22), # 8 Exhibit H (status request 3-14-22), # 9 Exhibit I (Appeal I_A w Exhibits), # 10 Exhibit J (Aug 2 Status Update I&A Closed), # 11 Exhibit K (2022-08-02 I&A Appeal acknowledgement letter), # 12 Exhibit L (2022-08-03 PDF Version of Messages through DHS PAL Portal), # 13 Exhibit M ( ICE acknowledgment), # 14 Exhibit N (Follow Up), # 15 Exhibit O (Acknowledgement Letter), # 16 Exhibit P (asking for update), # 17 Exhibit Q (Appeal ICE w Exs), # 18 Exhibit R (2022-05-17 Follow Up screenshot 1), # 19 Exhibit S (June 2 ICE Appeal Pending), # 20 Exhibit T (2022-07-12 ICE closes the request)).(Azmi, Nimra) (Entered: 08/18/2022)
2022-08-182CIVIL COVER SHEET filed..(Azmi, Nimra) (Entered: 08/18/2022)
2022-08-183FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,,,,. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) Modified on 8/19/2022 (pc). (Entered: 08/18/2022)
2022-08-184REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,,,,. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 08/18/2022)
2022-08-19CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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: 08/19/2022)
2022-08-19Magistrate 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: 08/19/2022)
2022-08-19Case Designated ECF. (pc) (Entered: 08/19/2022)
2022-08-19***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nimra Azmi to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Place "Office of the General Counsel" after " U.S. Department of Homeland Security";. 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: 08/19/2022)
2022-08-195ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement..(pc) (Entered: 08/19/2022)
2022-08-196REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,,,,. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 08/19/2022)
2022-08-197ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(pc) (Entered: 08/19/2022)
2022-08-308SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. U.S. Department of Homeland Security served on 8/22/2022, answer due 9/21/2022. Service was made by Mail with copies sent to the U.S. Attorney's Office and the Attorney Generals Office. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 08/30/2022)
2022-08-309SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. U.S. Immigration and Customs Enforcement served on 8/22/2022, answer due 9/21/2022. Service was made by Mail with copies sent to the U.S. Attorney's Office and the Attorney Generals Office. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 08/30/2022)
2022-09-1210FILING ERROR - DEFICIENT PLEADING - FILER ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.Document filed by Brennan Center For Justice At New York University School Of Law. Related document: 1 Complaint,,,,. (Attachments: # 1 Exhibit A (FOIA request 12.07.2021), # 2 Exhibit B (Request Acknowl by DHS), # 3 Exhibit C (DHS transfer to I_A), # 4 Exhibit D (DHS closes request), # 5 Exhibit E (I_A assigns case no), # 6 Exhibit F (need update), # 7 Exhibit G (DHS extension 1-12-22), # 8 Exhibit H (status request 3-14-22), # 9 Exhibit I (Appeal I_A w Exhibits), # 10 Exhibit J (Aug 2 Status Update I&A Closed), # 11 Exhibit K (2022-08-02 I&A Appeal acknowledgement letter), # 12 Exhibit L (2022-IAFO-00037 Final), # 13 Exhibit M (2022-08-03 PDF Version of Messages through DHS PAL Portal), # 14 Exhibit N (ICE acknowl), # 15 Exhibit O (Follow Up), # 16 Exhibit P (Acknowl Ltr), # 17 Exhibit Q (asking for update), # 18 Exhibit R (Appeal ICE w Exs), # 19 Exhibit S (2022-05-17 Follow Up screenshot 1), # 20 Exhibit T (June 2 ICE Appeal Pending), # 21 Exhibit U (2022-07-12 ICE closes the request)).(Azmi, Nimra) Modified on 9/13/2022 (jgo). (Entered: 09/12/2022)
2022-09-13***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Nimra Azmi to RE-FILE re: Document No. 10 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; add party Brennan Center for Justice at New York University School of'; the wrong filer/filers were selected for the pleading;. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 09/13/2022)
2022-09-1511FIRST AMENDED COMPLAINT amending 1 Complaint,,,, 10 Amended Complaint,,,,, against U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement.Document filed by Brennan Center For Justice At New York University School Of Law. Related document: 1 Complaint,,,, 10 Amended Complaint,,,,,. (Attachments: # 1 Exhibit A (FOIA request 12.07.2021), # 2 Exhibit B (Request Acknowl by DHS), # 3 Exhibit C (DHS transfer to I_A), # 4 Exhibit D (DHS closes request), # 5 Exhibit E (I_A assigns case no), # 6 Exhibit F (need update), # 7 Exhibit G (DHS extension 1-12-22), # 8 Exhibit H (status request 3-14-22), # 9 Exhibit I (Appeal I_A w Exhibits), # 10 Exhibit J (Aug 2 Status Update I&A Closed), # 11 Exhibit K (2022-08-02 I&A Appeal acknowledgement letter), # 12 Exhibit L (2022-IAFO-00037 Final), # 13 Exhibit M (2022-08-03 PDF Version of Messages through DHS PAL Portal), # 14 Exhibit N (ICE acknowl), # 15 Exhibit O (Follow Up), # 16 Exhibit P (Acknowl Ltr), # 17 Exhibit Q (asking for update), # 18 Exhibit R (Appeal ICE w Exs), # 19 Exhibit S (2022-05-17 Follow Up screenshot 1), # 20 Exhibit T (June 2 ICE Appeal Pending), # 21 Exhibit U (2022-07-12 ICE closes the request)).(Azmi, Nimra) (Entered: 09/15/2022)
2022-09-1512ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must participate in a telephone conference on 1/5/2023 at 10:45 a.m. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. Initial Conference set for 1/5/2023 at 10:45 AM before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 9/15/2022) (kv) (Entered: 09/15/2022)
2022-09-1613RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Brennan Center For Justice At New York University School Of Law..(Burke, Thomas) (Entered: 09/16/2022)
2022-09-2714AFFIDAVIT OF SERVICE of SUMMONS IN A CIVIL ACTION, AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 ET SEQ., EXHIBITS, ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE, and BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW'S CORPORATE DISCLOSURE STATEMENT served on U.S. DEPARTMENT OF HOMELAND SECURITY on 9/19/2022. Service was accepted by OSRICK DOE. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 09/27/2022)
2022-09-2715AFFIDAVIT OF SERVICE of Summons; Order Scheduling an Initial Pretrial Conference; Brennan Center for Justice at New York University School of Law's Corporate Disclosure Statement; and Amended Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act served on U.S. Department of Homeland Security c/o Office of the General Counsel on 9/19/2022. Service was made by Certified Mail, Return Receipt Requested.. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 09/27/2022)
2022-09-2716AFFIDAVIT OF SERVICE of SUMMONS IN A CIVIL ACTION, AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF FOR RELIEF FOR VIOLATION OF THE FREEDOM OF INFORMATION ACT, 5 U.S.C. § 552 ET SEQ., EXHIBITS, ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE, and BRENNAN CENTER FOR JUSTICE AT NEW YORK UNIVERSITY SCHOOL OF LAW'S CORPORATE DISCLOSURE STATEMENT served on U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT at U.S. Attorney for the South District of New York on 9/19/2022. Service was accepted by OSRICK DOE. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 09/27/2022)
2022-09-2717AFFIDAVIT OF SERVICE of Summons; Order Scheduling an Initial Pretrial Conference; Brennan Center for Justice at New York University School of Law's Corporate Disclosure Statement; and Amended Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act served on U.S. Immigration and Customs Enforcement on 9/23/2022. Service was made by Certified Mail, Return Receipt Requested.. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 09/27/2022)
2022-09-2718AFFIDAVIT OF SERVICE of Summons; Order Scheduling an Initial Pretrial Conference; Brennan Center for Justice at New York University School of Law's Corporate Disclosure Statement; and Amended Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, served on U.S. Attorney General, U.S. Department of Justice on 9/23/2022. Service was made by Certified Mail, Return Receipt Requested.. Document filed by Brennan Center For Justice At New York University School Of Law..(Azmi, Nimra) (Entered: 09/27/2022)
2022-10-1219NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 10/12/2022)
2022-10-1720CONSENT LETTER MOTION for Extension of Time to File Answer re: 11 Amended Complaint,,,,, addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 10/17/2022. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 10/17/2022)
2022-10-1821ORDER granting 20 Letter Motion for Extension of Time to Answer re 20 CONSENT LETTER MOTION for Extension of Time to File Answer re: 11 Amended Complaint, addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 10/17/2022., 11 Amended Complaint,. Ok. (U.S. Department of Homeland Security answer due 10/21/2022; U.S. Immigration and Customs Enforcement answer due 10/21/2022.) (Signed by Judge Colleen McMahon on 10/18/22) (yv) (Entered: 10/18/2022)
2022-10-2122ANSWER to 11 Amended Complaint,,,,,. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 10/21/2022)
2023-01-0323JOINT LETTER MOTION to Adjourn Conference addressed to Judge Colleen McMahon from AUSA Anthony J. Sun dated 1/3/2023. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 01/03/2023)
2023-01-0324ORDER granting 23 Letter Motion to Adjourn Conference. Correct. No need to file CMP. Keep me posted on progress.. (Signed by Judge Colleen McMahon on 1/3/2023) (kv) (Entered: 01/03/2023)
2023-01-3125STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 01/31/2023)
2023-02-0126MEMO ENDORSEMENT on re: 25 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT Ok. The government should be advised that, on December 4, 2022, I was invited to a 12 guest dinner party at a private home, at which the plaintiff was also present.We did not speak at length and said not a word about this case-frankly. It never occurred to me that the case was on my docket-but were certainly in the same room at the same table. If the government believes this somehow compromises my ability to be fair and impartial (I do not), it should advise. (Signed by Judge Colleen McMahon on 2/1/2023) (jca) (Entered: 02/01/2023)
2023-02-2827STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 02/28/2023)
2023-03-0228MEMO ENDORSEMENT on re: 27 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT Fine. (Signed by Judge Colleen McMahon on 3/2/2023) (jca) (Entered: 03/02/2023)
2023-04-0129STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 04/01/2023)
2023-04-0330MEMO ENDORSEMENT on re: 29 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT Fine. (Signed by Judge Colleen McMahon on 4/3/2023) (jca) (Entered: 04/03/2023)
2023-05-0131STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 05/01/2023)
2023-05-0232MEMO ENDORSEMENT on re: 31 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 5/2/2023) (ate) (Entered: 05/02/2023)
2023-05-0533NOTICE OF APPEARANCE by Jesse Feitel on behalf of Brennan Center For Justice At New York University School Of Law..(Feitel, Jesse) (Entered: 05/05/2023)
2023-06-0134STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 06/01/2023)
2023-06-0635MEMO ENDORSEMENT on re: 34 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT OK. (Signed by Judge Colleen McMahon on 6/6/2023) (jca) (Entered: 06/06/2023)
2023-07-1136MOTION for Thomas Rohlfs Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27986737. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 Affidavit Declaration of Thomas R. Burke, # 2 Text of Proposed Order Proposed Order).(Burke, Thomas) (Entered: 07/11/2023)
2023-07-1137STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 07/11/2023)
2023-07-12>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 36 MOTION for Thomas Rohlfs Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27986737. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (dsh) (Entered: 07/12/2023)
2023-07-1238MEMO ENDORSEMENT on re: 37 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement ENDORSEMENT: OK (Signed by Judge Colleen McMahon on 7/12/2023) (ks) (Entered: 07/12/2023)
2023-07-1339ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 36 Motion for Thomas Rohlfs Burke to Appear Pro Hac Vice.. (Signed by Judge Colleen McMahon on 7/13/2023) (kv) (Entered: 07/13/2023)
2023-08-1840STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 08/18/2023)
2023-09-1941STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 09/19/2023)
2023-09-2042MEMO ENDORSEMENT on re: 41 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 9/20/23) (yv) (Entered: 09/20/2023)
2023-10-1943STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 10/19/2023)
2023-12-0744STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 12/07/2023)
2023-12-1245MEMO ENDORSEMENT on re: 44 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT : Ok. (Signed by Judge Colleen McMahon on 12/12/23) (yv) (Entered: 12/12/2023)
2024-01-0846STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 01/08/2024)
2024-01-1747MEMO ENDORSEMENT on re: 46 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT: Ok. (Signed by Judge Colleen McMahon on 1/17/24) (yv) (Entered: 01/17/2024)
2024-02-0848STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 02/08/2024)
2024-03-0849STATUS REPORT. Document filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement..(Sun, Anthony) (Entered: 03/08/2024)
2024-03-1250MEMO ENDORSEMENT on re: 49 Status Report filed by U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement. ENDORSEMENT : OK. (Signed by Judge Colleen McMahon on 3/12/24) (yv) (Entered: 03/13/2024)
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