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Case TitleInternational Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv01236
Date Filed2023-02-14
Date ClosedOpen
JudgeMagistrate Judge Katharine H. Parker
PlaintiffInternational Refugee Assistance Project, Inc.
Case DescriptionThe International Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning manuals and database schema for RAD Global, ECN, RCM, CAMINO, R-TRACK and other case management software currently used or assessed by the agency. The agency acknowledged receipt of the request. IRAP also submitted a FOIA request to the State Department for records concerning case management software used by the State Department. The agency acknowledged receipt of the request but after hearing nothing further from either agency, IRAP filed suit against both of them.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Citizenship and Immigration Services
DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [18]
Opinion/Order [19]
Opinion/Order [20]
Opinion/Order [28]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-141COMPLAINT against United States Citizenship and Immigration Services, United States Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-27341107)Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D).(Meyer, Kathryn) (Entered: 02/14/2023)
2023-02-142FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed..(Meyer, Kathryn) Modified on 2/15/2023 (pc). (Entered: 02/14/2023)
2023-02-143FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, United States Department of State, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc...(Meyer, Kathryn) Modified on 2/15/2023 (pc). (Entered: 02/14/2023)
2023-02-144FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc...(Meyer, Kathryn) Modified on 2/14/2023 (lb). (Entered: 02/14/2023)
2023-02-145MOTION for Chris Opila to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27341650. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit Declaration of Chris Opila for Admission Pro Hac Vice, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order for Admission Pro Hac Vice).(Meyer, Kathryn) (Entered: 02/14/2023)
2023-02-14***NOTICE TO ATTORNEY REGARDING DEFICIENT RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Notice to Attorney Kathryn Claire Meyer to RE-FILE Document No. 4 Rule 7.1 Corporate Disclosure Statement,. The filing is deficient for the following reason(s): the corporate disclosure statement was not signed;. Re-file the document using the event type Rule 7.1 Corporate Disclosure Statement found under the event list Other Documents - select the correct filer/filers - attach the correct signed PDF - when prompted with the message "Are there any corporate parents or other affiliates?", select the Yes radio button - enter the corporate parent/other affiliate, click the Search button - select the correct corporate parent/other affiliate name from the search results list or if no person found, create a new corporate parent/other affiliate - select the party to whom the corporate parent/other affiliate should be linked - add corporate parent/other affiliate names one at a time. (lb) (Entered: 02/14/2023)
2023-02-146AMENDED RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc...(Meyer, Kathryn) (Entered: 02/14/2023)
2023-02-15CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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: 02/15/2023)
2023-02-15Magistrate Judge Katharine H. Parker 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: 02/15/2023)
2023-02-15Case Designated ECF. (pc) (Entered: 02/15/2023)
2023-02-15***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Kathryn Claire Meyer to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): second page is missing;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated October 1, 2020. The S.D.N.Y. Civil Cover Sheet dated October 1, 2020 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (pc) (Entered: 02/15/2023)
2023-02-15***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kathryn Claire Meyer to RE-FILE Document No. 3 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; File each summons separately;. 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: 02/15/2023)
2023-02-157CIVIL COVER SHEET filed..(Meyer, Kathryn) (Entered: 02/15/2023)
2023-02-158REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc...(Meyer, Kathryn) (Entered: 02/15/2023)
2023-02-159REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc...(Meyer, Kathryn) (Entered: 02/15/2023)
2023-02-15>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Chris Opila to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27341650. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 02/15/2023)
2023-02-1610ELECTRONIC SUMMONS ISSUED as to United States Department of State..(pc) (Entered: 02/16/2023)
2023-02-1611ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services..(pc) (Entered: 02/16/2023)
2023-02-2712ORDER granting 5 Motion for Chris Opila to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jennifer H. Rearden) (Text Only Order) (kwi) (Entered: 02/27/2023)
2023-02-2713NOTICE OF APPEARANCE by Chris Opila on behalf of International Refugee Assistance Project, Inc...(Opila, Chris) (Entered: 02/27/2023)
2023-03-2414AFFIDAVIT OF SERVICE (FOIA CASE). All Defendants. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc...(Opila, Chris) (Entered: 03/24/2023)
2023-03-2415LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Jennifer H. Rearden from Alyssa B. O'Gallagher dated March 24, 2023. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 03/24/2023)
2023-03-2516NOTICE OF APPEARANCE by Alyssa O'Gallagher on behalf of United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 03/25/2023)
2023-03-27NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge Jennifer H. Rearden is no longer assigned to the case. (aea) (Entered: 03/27/2023)
2023-03-2817ORDER granting 15 Letter Motion for Extension of Time. GRANTED. By May 1, 2023, Defendants shall answer or otherwise respond to the complaint. SO ORDERED.. (Signed by Judge Analisa Torres on 3/28/2023) (ks) (Entered: 03/28/2023)
2023-03-28Set/Reset Deadlines: United States Citizenship and Immigration Services answer due 5/1/2023; United States Department of State answer due 5/1/2023. (ks) (Entered: 03/28/2023)
2023-03-2818ORDER: 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. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by May 26, 2023, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscourts.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscourts.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by May 26, 2023, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 3/28/2023) (ks) (Entered: 03/28/2023)
2023-03-2819INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by May 26, 2023, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. SO ORDERED. (Signed by Judge Analisa Torres on 3/28/2023) (ks) (Entered: 03/28/2023)
2023-03-2820ORDER: 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 3/28/2023) (ks) (Entered: 03/28/2023)
2023-04-0621PROPOSED CONSENT TO JURISDICTION BY US MAGISTRATE JUDGE by International Refugee Assistance Project, Inc.. Document filed by International Refugee Assistance Project, Inc...(Opila, Chris) (Entered: 04/06/2023)
2023-04-0622NOTICE OF APPEARANCE by Mariko Hirose on behalf of International Refugee Assistance Project, Inc...(Hirose, Mariko) (Entered: 04/06/2023)
2023-04-0623NOTICE, CONSENT, AND REFERENCE OF A CIVIL ACTION TO A MAGISTRATE JUDGE by International Refugee Assistance Project, Inc., United States Citizenship and Immigration Services, United States Department of State. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. 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 4/6/2023).(kv) (Entered: 04/06/2023)
2023-04-0724INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/8/2023 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 4/7/2023) (vfr) (Entered: 04/07/2023)
2023-04-2725LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Magistrate Judge Katharine H. Parker from Alyssa B. O'Gallagher dated April 27, 2023. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 04/27/2023)
2023-04-2826ORDER granting 25 Letter Motion for Extension of Time. Application granted. Additionally, because FOIA actions are generally resolved though summary judgment without discovery, the parties are excused from the requirements set in the Court's order at ECF No. 24 to confer under Rule 26(f), serve Rule 26(a)(1) initial disclosures, and submit a Proposed Case Management Plan in advance of the Initial Case Management Conference. In the event the parties think a settlement conference would be helpful in reaching a resolution, they may request a referral to another Magistrate Judge for settlement purposes. SO ORDERED.. (Signed by Magistrate Judge Katharine H. Parker on 4/28/2023) (jca) (Entered: 04/28/2023)
2023-04-28Set/Reset Deadlines: United States Citizenship and Immigration Services answer due 5/31/2023; United States Department of State answer due 5/31/2023. (jca) (Entered: 04/28/2023)
2023-05-04NOTICE TO COUNSEL: REMINDER of Initial Conference set for 5/8/2023 at 11:30 AM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Judge Katharine H. Parker re: 24 Order (ca) (Entered: 05/04/2023)
2023-05-0827Minute Entry for proceedings held before Magistrate Judge Katharine H. Parker - Courtroom 17D : Initial Pretrial Conference / Case Management / Discovery / Scheduling / Status - held on 5/8/2023 : See Transcript for Details. A transcript of this proceeding is available by utilizing the attached order form. (ca) (Entered: 05/08/2023)
2023-05-0828ORDER: As discussed at the May 8, 2023 Initial Case Management Conference, the parties shall submit monthly joint status reports updating the Court on their efforts at reaching a resolution of this matter. The reports shall be filed on the eighth day of each month, or if that date is a weekend or public holiday, then on the following Monday. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 5/8/2023) (vfr) (Entered: 05/08/2023)
2023-05-3129LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Magistrate Judge Katharine H. Parker from Alyssa B. O'Gallagher dated May 31, 2023. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 05/31/2023)
2023-06-0830STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 06/08/2023)
2023-06-0931ORDER granting 29 Letter Motion for Extension of Time. APPLICATION GRANTED.. (Signed by Magistrate Judge Katharine H. Parker on 6/9/2023) (kv) (Entered: 06/09/2023)
2023-06-09Set/Reset Deadlines: United States Citizenship and Immigration Services answer due 6/30/2023; United States Department of State answer due 6/30/2023. (kv) (Entered: 06/09/2023)
2023-06-3032LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Magistrate Judge Katharine H. Parker from Alyssa B. O'Gallagher dated June 30, 2023. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 06/30/2023)
2023-07-0533ORDER granting 32 Letter Motion for Extension of Time. APPLICATION GRANTED. The parties shall continue to file regular status updates in accordance with the Order at ECF No. 28. (Signed by Magistrate Judge Katharine H. Parker on 7/5/2023) (vfr) (Entered: 07/05/2023)
2023-07-1034STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 07/10/2023)
2023-08-0835STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 08/08/2023)
2023-09-0836STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 09/08/2023)
2023-09-1137MEMO ENDORSEMENT on re: 36 Status Report filed by United States Citizenship and Immigration Services, United States Department of State. ENDORSEMENT: The Court thanks the parties for the status update. At the time any issue becomes ripe for summary judgment motion practice, the party seeking to file the motion should file a letter motion seeking a pre-motion conference. At the pre-motion conference, the Court will hear from both sides as to whether the motion should proceed immediately or should be delayed until such a time as all potential issues are identified. The Court also notes that certain issues may be more efficiently resolved at a Case Management Conference rather than with motion practice. In the event an issue arises that may be resolvable at a Case Management Conference, the parties may file a letter motion that succinctly summarizes the issue and requests a case management conference to discuss the issue. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 9/11/2023) (vfr) (Entered: 09/11/2023)
2023-10-1038STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 10/10/2023)
2023-11-0839STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 11/08/2023)
2023-12-0840STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 12/08/2023)
2024-01-0841STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 01/08/2024)
2024-02-0842STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 02/08/2024)
2024-02-2243NOTICE OF CHANGE OF ADDRESS by Chris Opila on behalf of International Refugee Assistance Project, Inc.. New Address: American Immigration Council, 1331 G. St. NW, Suite 200, Washington, D.C., (202) 507-7699..(Opila, Chris) (Entered: 02/22/2024)
2024-03-0844STATUS REPORT. Document filed by United States Citizenship and Immigration Services, United States Department of State..(O'Gallagher, Alyssa) (Entered: 03/08/2024)
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