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Case TitleBehar v. U.S. Department of Homeland Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv08153
Date Filed2017-10-23
Date Closed2020-08-04
JudgeJudge Lewis A. Kaplan
PlaintiffRichard Behar
Case DescriptionRichard Behar, a reporter, submitted a FOIA request to the U.S. Secret Service for records cataloging visitors to candidate Donald Trump, his family, and campaign officials during the election and prior to his inauguration. Behar also requested expedited processing. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Behar filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantU.S. Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [71]
Opinion/Order [74]
Opinion/Order [75]
Opinion/Order [80]
Opinion/Order [81]
Opinion/Order [83]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-231COMPLAINT against U.S. Department of Homeland Security. (Filing Fee $ 400.00, Receipt Number 0208-14275320)Document filed by Richard Behar. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Langford, John) (Entered: 10/23/2017)
2017-10-232CIVIL COVER SHEET filed. (Langford, John) (Entered: 10/23/2017)
2017-10-233REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint. Document filed by Richard Behar. (Langford, John) (Entered: 10/23/2017)
2017-10-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (sj) (Entered: 10/24/2017)
2017-10-23Magistrate 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: http://nysd.uscourts.gov/forms.php . (sj) (Entered: 10/24/2017)
2017-10-23Case Designated ECF. (sj) (Entered: 10/24/2017)
2017-10-234ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (sj) (Entered: 10/24/2017)
2017-10-255AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. U.S. Department of Homeland Security served on 10/25/2017, answer due 11/24/2017. Service was made by Mail. Document filed by Richard Behar. (Langford, John) (Entered: 10/25/2017)
2017-10-266AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Attorney General served on 10/25/2017, answer due 11/24/2017. Service was made by Mail. Document filed by Richard Behar. (Langford, John) (Entered: 10/26/2017)
2017-10-267AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Attorney for the Southern District of New York served on 10/25/2017, answer due 11/24/2017. Service was made by Mail. Document filed by Richard Behar. (Langford, John) (Entered: 10/26/2017)
2017-10-308NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 10/30/2017)
2017-11-029ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/5/2017 at 02:30 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan; and as further set forth in this Order. (Signed by Judge Lewis A. Kaplan on 11/2/2017) (anc) (Entered: 11/02/2017)
2017-11-1710NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of U.S. Department of Homeland Security. (Lee, Casey) (Entered: 11/17/2017)
2017-11-2411ANSWER to 1 Complaint. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 11/24/2017)
2017-12-0112JOINT LETTER addressed to Judge Lewis A. Kaplan from Defendant U.S. Department of Homeland Security and Plaintiff Richard Behar dated December 1, 2017 re: Postponing Initial Conference. Document filed by Richard Behar, United States Attorney for the Southern District of New York.(Langford, John) (Entered: 12/01/2017)
2017-12-0713NOTICE of Request for Law Student Meenakshi Krishnan to Appear on Behalf of Plaintiff. Document filed by Richard Behar. (Langford, John) (Entered: 12/07/2017)
2017-12-0714NOTICE of Request for Law Student Adam Pan to Appear on Behalf of Plaintiff. Document filed by Richard Behar. (Langford, John) (Entered: 12/07/2017)
2017-12-0715NOTICE of Request for Law Student Eric Brooks to Appear on Behalf of Plaintiff. Document filed by Richard Behar. (Langford, John) (Entered: 12/07/2017)
2018-01-0816SECOND LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated January 8, 2018. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 01/08/2018)
2018-01-0917ORDER granting 16 Letter Motion to Adjourn Conference. Granted. (Signed by Judge Lewis A. Kaplan on 1/9/2018) (mro) (Entered: 01/09/2018)
2018-01-1918MEMO ENDORSEMENT: on re: 14 LAW STUDENT INTERN APPEARANCE FORM, filed by Richard Behar. ENDORSEMENT: I authorize this student: Adam Pan, to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2018) (ap) Modified on 3/6/2018 (ap). (Entered: 01/19/2018)
2018-01-1919MEMO ENDORSEMENT: on re: 15 LAW STUDENT INTERN APPEARANCE FORM, filed by Richard Behar. ENDORSEMENT: I authorize this student: Eric Brooks, to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2018) (ap) Modified on 1/23/2018 (ap). Modified on 3/6/2018 (ap). (Entered: 01/19/2018)
2018-01-1920MEMO ENDORSEMENT: on re: 13 LAW STUDENT INTERN APPEARANCE FORM, filed by Richard Behar. ENDORSEMENT: I authorize this student: Meenakshi Krishnan, to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/19/2018) (ap) Modified on 3/6/2018 (ap). (Entered: 01/19/2018)
2018-01-2921THIRD LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from Counsel for Plaintiff John Langford dated January 29, 2018. Document filed by Richard Behar.(Langford, John) (Entered: 01/29/2018)
2018-02-1422FOURTH LETTER MOTION to Adjourn Conference addressed to Judge Lewis A. Kaplan from Counsel for Plaintiff John Langford dated February 14, 2018. Document filed by Richard Behar.(Langford, John) (Entered: 02/14/2018)
2018-02-2123JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff Richard Behar and the Secret Service, a component of defendant DHS, and subject to endorsement by the Court, that: The Secret Service shall conduct a search of the Email Set for the terms or names on Appendix A attached hereto, and shall review any emails captured by that search to identify any records responsive to the FOIA Request. From the Narrowed Email Set, the Secret Service shall review: each email between November 1, 2016, and November 8, 2016, between December 5, 2016, and December 12, 2016, and between January 14, 2017, and January 21, 2017, to identify any records responsive to the FOIA Request; each email dated between April 21, 2016, and April 28, 2016, to identify any records responsive to the FOIA Request; each email dated between July 11, 2016, and July 28, 2016 (the weeks before, including, and after the Republican National Convention), to identify any records responsive to the FOIA Request; and all emails containing the term "visitor." The Secret Service shall conduct the searches and review described in paragraphs 1 and 2 on a rolling basis, and shall make best efforts to review at least 1000 individual emails, including any attachments, per month until the review is completed; and as further set forth herein. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 2/21/2018) (anc) (Entered: 02/22/2018)
2018-08-1524LETTER addressed to Judge Lewis A. Kaplan from Sarah S. Normand and John Langford dated 08/15/2018 re: Joint Status Report and Proposed Briefing Schedule. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 08/15/2018)
2018-09-2525LETTER addressed to Judge Lewis A. Kaplan from Sarah S. Normand and John Langford dated 9/25/2018 re: Proposed Briefing Schedule. Document filed by Richard Behar.(Langford, John) (Entered: 09/25/2018)
2018-10-0126MEMO ENDORSEMENT on re: (25 in 1:17-cv-08153-LAK) Letter filed by Richard Behar. ENDORSEMENT: Granted. SO ORDERED. (Cross Motions due by 10/31/2018, Motions due by 10/3/2018, Responses due by 10/31/2018, Replies due by 11/21/2018.) (Signed by Judge Lewis A. Kaplan on 9/30/2018) (jca) (Entered: 10/01/2018)
2018-10-0327MOTION for Summary Judgment . Document filed by U.S. Department of Homeland Security. Responses due by 10/31/2018(Normand, Sarah) (Entered: 10/03/2018)
2018-10-0328DECLARATION of Kim E. Campbell in Support re: 27 MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 10/03/2018)
2018-10-0329MEMORANDUM OF LAW in Support re: 27 MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 10/03/2018)
2018-10-3130CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . Document filed by Richard Behar. Responses due by 11/21/2018(Langford, John) (Entered: 10/31/2018)
2018-10-3131MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar. (Langford, John) (Entered: 10/31/2018)
2018-10-3132FILING ERROR - DEFICIENT DOCKET ENTRY - MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar. (Attachments: # 1 Rule 56.1 Statement of Material Facts, # 2 Text of Proposed Order)(Langford, John) Modified on 11/1/2018 (ldi). (Entered: 10/31/2018)
2018-10-3133FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCUMENT #36) - DECLARATION of John Langford in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar .. Document filed by Richard Behar. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-ZZ, # 3 Exhibit AAA-ZZZ, # 4 Exhibit AAAA-IIII)(Langford, John) Modified on 11/1/2018 (ldi). (Entered: 10/31/2018)
2018-10-3134MEMORANDUM OF LAW in Opposition re: 27 MOTION for Summary Judgment . . Document filed by Richard Behar. (Langford, John) (Entered: 10/31/2018)
2018-11-0135RULE 56.1 STATEMENT. Document filed by Richard Behar. (Langford, John) (Entered: 11/01/2018)
2018-11-0136DECLARATION of John Langford in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar .. Document filed by Richard Behar. (Attachments: # 1 Exhibit A-Z, # 2 Exhibit AA-ZZ, # 3 Exhibit AAA-ZZZ, # 4 Exhibit AAAA-IIII)(Langford, John) (Entered: 11/01/2018)
2018-11-0137PROPOSED ORDER. Document filed by Richard Behar. Related Document Number: 30 . (Langford, John) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 11/01/2018)
2018-11-01***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 37 Proposed Order was reviewed and approved as to form. (dt) (Entered: 11/01/2018)
2018-11-1638LETTER MOTION for Extension of Time to file Reply and Opposition to Plaintiff's Cross-Motion for Summary Judgment addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated November 16, 2018. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Normand, Sarah) (Entered: 11/16/2018)
2018-11-1939JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiff and the government, that: 1. The Secret Service shall file its combined reply and opposition to plaintiff's cross-motion by November 28, 2018, and Plaintiff shall file his reply in further support of his cross-motion by December 24, 2018. SO ORDERED. (Responses due by 11/28/2018, Replies due by 12/24/2018.) (Signed by Judge Lewis A. Kaplan on 11/19/2018) (jca) (Entered: 11/19/2018)
2018-11-2840REPLY MEMORANDUM OF LAW in Opposition re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar ., 27 MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 11/28/2018)
2018-11-2841DECLARATION of AUSA Sarah S. Normand in Opposition re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar ., 27 MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A: Declaration filed in Doyle v. DHS, # 2 Exhibit B: Plaintiff's Third FOIA Request, # 3 Exhibit C: February 21, 2018 Joint Stipulation and Order, # 4 Exhibit D: USSS Letters dated August 24, 2018, # 5 Exhibit E: USSS Letters dated August 24, 2018)(Normand, Sarah) (Entered: 11/28/2018)
2018-11-2842RESPONSE in Opposition to Motion re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . Defendant's Response to Plaintiff's Rule 56.1 Statement . Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 11/28/2018)
2018-12-2143REPLY MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar. (Langford, John) (Entered: 12/22/2018)
2018-12-2744STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro) (Entered: 01/02/2019)
2018-12-27***DELETED DOCUMENT. Deleted document number 45 STANDING ORDER M10-468. The document was incorrectly filed in this case. (yv) (Entered: 01/07/2019)
2019-03-2045FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Charles Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16533981. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Behar. (Attachments: # 1 Affidavit in support of order for admission Pro Hac Vice, # 2 State bar of California certificate of standing, # 3 Proposed Order)(Crain, Charles) Modified on 3/21/2019 (wb). (Entered: 03/20/2019)
2019-03-21>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 45 MOTION for Charles Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16533981. 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;. 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.. (wb) (Entered: 03/21/2019)
2019-05-3146MOTION for Charles Crain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Richard Behar. (Attachments: # 1 Affidavit in support of order for admission Pro Hac Vice, # 2 Certificate of the Clerk of the Supreme Court of the State of California, # 3 Proposed order for admission Pro Hac Vice)(Crain, Charles) (Entered: 05/31/2019)
2019-05-31>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 46 MOTION for Charles Crain 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. (jc) (Entered: 05/31/2019)
2019-06-1347ORDER FOR ADMISSION PRO HAC VICE granting 46 Motion for Charles Crain to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 6/10/2019) (jca) (Entered: 06/13/2019)
2019-06-1748MEMO ENDORSEMENT on re: (46 in 1:17-cv-08153-LAK) MOTION for Charles Crain to Appear Pro Hac Vice. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 6/17/2019) (jca) (Entered: 06/17/2019)
2019-08-1549MEMORANDUM OPINION re: (30 in 1:17-cv-08153-LAK) CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . filed by Richard Behar, (27 in 1:17-cv-08153-LAK) MOTION for Summary Judgment . filed by U.S. Department of Homeland Security, (12 in 1:18-cv-07516-LAK) MOTION for Summary Judgment . filed by Department of Homeland Security. For the foregoing reasons, defendant's motions for summary judgment [l 7-cv-8153, DI 27 and 18-cv-7516, DI 12] are granted to the extent that plaintiffs claims for disclosure of records reflecting names and other information pertaining to law enforcement personnel are dismissed and denied in all other respects. Plaintiffs cross motion [17-cv-8153, DI 30] is denied in all respects. This ruling is without prejudice to defendant renewing its motion, on or before October 15, 2019, on the basis of revised Vaughn submissions taking into account the deficiencies identified above and without prejudice also to a renewed cross motion by plaintiff taking into account defendant's revised submissions. Any such cross motion shall be filed on or before November 15, 2019. The Clerk shall terminate the pending motions. SO ORDERED. (Motions due by 11/15/2019) (Signed by Judge Lewis A. Kaplan on 8/15/2019) (kv) Modified on 10/9/2019 (kv). (Entered: 08/15/2019)
2019-10-0450FIRST LETTER MOTION for Extension of Time to file renewed motion for summary judgment addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated October 4, 2019. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Normand, Sarah) (Entered: 10/04/2019)
2019-10-1051JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties, that: 1. The government shall file its renewed motion for summary judgment with revised Vaughn submissions on or before October 29, 2019, and 2. Plaintiff shall file his opposition and any cross-motion by November 29, 2019. SO ORDERED. (Cross Motions due by 11/29/2019, Motions due by 10/29/2019, Responses due by 11/29/2019) (Signed by Judge Lewis A. Kaplan on 10/10/2019) (jca) (Entered: 10/10/2019)
2019-10-2652SECOND LETTER MOTION for Extension of Time to file renewed motion for summary judgment addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated October 26, 2019. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Normand, Sarah) (Entered: 10/26/2019)
2019-11-0453ORDER granting 52 Letter Motion for Extension of Time: Granted. (Signed by Judge Lewis A. Kaplan on 11/4/2019) (jwh) (Entered: 11/04/2019)
2019-11-04Set/Reset Deadlines: Motions due by 11/5/2019. Cross Motions due by 12/6/2019. Responses due by 12/6/2019 (jwh) (Entered: 11/04/2019)
2019-11-0554SECOND MOTION for Summary Judgment . Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 11/05/2019)
2019-11-0555MEMORANDUM OF LAW in Support re: 54 SECOND MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 11/05/2019)
2019-11-0556DECLARATION of Deputy Director of the Secret Service Leonza Newsome, III in Support re: 54 SECOND MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security. (Normand, Sarah) (Entered: 11/05/2019)
2019-11-0557DECLARATION of Kevin L. Tyrrell in Support re: 54 SECOND MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Exhibit A)(Normand, Sarah) (Entered: 11/05/2019)
2019-12-0658CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . Document filed by Richard Behar.(Schulz, David) (Entered: 12/06/2019)
2019-12-0659MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar. (Schulz, David) (Entered: 12/06/2019)
2019-12-0660RULE 56.1 STATEMENT. Document filed by Richard Behar. (Schulz, David) (Entered: 12/06/2019)
2019-12-0661DECLARATION of Charles Crain in Support re: 58 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar .. Document filed by Richard Behar. (Attachments: # 1 Exhibit A-M)(Schulz, David) (Entered: 12/06/2019)
2019-12-0662PROPOSED ORDER. Document filed by Richard Behar. Related Document Number: 58 . (Schulz, David) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 12/06/2019)
2019-12-06***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 62 Proposed Order was reviewed and approved as to form. (dt) (Entered: 12/06/2019)
2019-12-1363JOINT LETTER MOTION for Extension of Time to File Response/Reply on cross-motions for summary judgment addressed to Judge Lewis A. Kaplan from AUSA Sarah Normand and Charles Crain dated December 13, 2019. Document filed by U.S. Department of Homeland Security. (Attachments: # 1 Text of Proposed Order)(Normand, Sarah) (Entered: 12/13/2019)
2019-12-1664JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the parties, that: 1. The government shall file its reply and opposition to plaintiffs cross-motion on or before January 17, 2020; and 2. Plaintiff shall file his reply in support of his cross-motion by February 14, 2020. SO ORDERED. (Responses due by 1/17/2020, Replies due by 2/14/2020.) (Signed by Judge Lewis A. Kaplan on 12/16/2019) (jca) (Entered: 12/16/2019)
2020-01-1765REPLY MEMORANDUM OF LAW in Support re: 54 SECOND MOTION for Summary Judgment . . Document filed by U.S. Department of Homeland Security, United States Attorney General, United States Attorney for the Southern District of New York. (Normand, Sarah) (Entered: 01/17/2020)
2020-01-1866RESPONSE in Opposition to Motion re: 58 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . Response to Plaintiff's Local Rule 56.1 Statement . Document filed by U.S. Department of Homeland Security, United States Attorney General, United States Attorney for the Southern District of New York. (Normand, Sarah) (Entered: 01/18/2020)
2020-01-2267LETTER MOTION for Extension of Time addressed to Judge Lewis A. Kaplan from AUSA Sarah S. Normand dated January 22, 2020. Document filed by U.S. Department of Homeland Security.(Normand, Sarah) (Entered: 01/22/2020)
2020-01-2368ORDER granting 67 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 1/23/2020) (jca) (Entered: 01/23/2020)
2020-02-1469FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Casey K. Lee to Withdraw as Attorney . Document filed by U.S. Department of Homeland Security..(Lee, Casey) Modified on 3/10/2020 (ldi). (Entered: 02/14/2020)
2020-02-1470REPLY MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Summary Judgment by Plaintiff Richard Behar . . Document filed by Richard Behar..(Crain, Charles) (Entered: 02/14/2020)
2020-02-1971ORDER: Oral argument regarding the parties' motions for summary judgment [17-cv-8153, DI 54, 58] will be heard on March 3 at 10:30 A.M. SO ORDERED. (Oral Argument set for 3/3/2020 at 10:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/19/2020) (jca) (Entered: 02/19/2020)
2020-02-2072MEMO ENDORSEMENT granting 69 MOTION for Casey K. Lee to Withdraw as Attorney. Granted. SO ORDERED. Attorney Casey Kyung-Se Lee terminated. (Signed by Judge Lewis A. Kaplan on 2/20/2020) (jca) (Entered: 02/20/2020)
2020-02-2873LETTER addressed to Judge Lewis A. Kaplan from David A. Schulz dated February 28, 2020 re: Request for law student appearance at oral argument. Document filed by Richard Behar. (Attachments: # 1 Anna Windemuth's Law Student Appearance Form).(Crain, Charles) (Entered: 02/28/2020)
2020-02-2874MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM of Anna Windemuth. ENDORSEMENT: Consent of Judge: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Lewis A. Kaplan on 2/28/2020) (jca) (Entered: 02/28/2020)
2020-03-0375ORDER: As stated at oral argument on March 3, 2020, the government is ordered to produce the materials identified as responsive to plaintiffs FOIA request for in camera review on or before March 10, 2020. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/3/2020) (jca) (Entered: 03/03/2020)
2020-03-03Minute Entry for proceedings held before Judge Lewis A. Kaplan: Oral Argument held on 3/3/2020 re: DI 71. (Court Reporter Sonya Ketter Moore) (Mohan, Andrew) (Entered: 03/06/2020)
2020-03-1076LETTER addressed to Judge Lewis A. Kaplan from AUSA Sarah Normand dated March 10, 2020 re: Transmittal of ex parte submission. Document filed by U.S. Department of Homeland Security, United States Attorney General, United States Attorney for the Southern District of New York..(Normand, Sarah) (Entered: 03/10/2020)
2020-03-1077DECLARATION of Kevin L. Tyrrell in Support re: 54 SECOND MOTION for Summary Judgment .. Document filed by U.S. Department of Homeland Security, United States Attorney General, United States Attorney for the Southern District of New York..(Normand, Sarah) (Entered: 03/10/2020)
2020-04-1778TRANSCRIPT of Proceedings re: CONFERENCE held on 3/3/2020 before Judge Lewis A. Kaplan. Court Reporter/Transcriber: Sonya Ketter Moore, (212) 805-0300. 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 5/8/2020. Redacted Transcript Deadline set for 5/18/2020. Release of Transcript Restriction set for 7/16/2020..(McGuirk, Kelly) (Entered: 04/17/2020)
2020-04-1779NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on CONFERENCE 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....(McGuirk, Kelly) (Entered: 04/17/2020)
2020-08-0480ORDER: denying 54 Motion for Summary Judgment; granting 58 Motion for Summary Judgment. The government's motion for summary judgment [Dkt. 54] is denied, and the plaintiff's cross-motion for summary judgment [Dkt. 58] is Granted. The government shall produce the responsive materials to the plaintiff on or before August 18, 2020. The Clerk of Court is directed to terminate the pending motions and close these cases. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 8/04/2020) (ama) Transmission to Orders and Judgments Clerk for processing. (Entered: 08/04/2020)
2020-08-0481CLERK'S JUDGMENT re: 80 Order on Motion for Summary Judgment in favor of Richard Behar against U.S. Department of Homeland Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 4, 2020, the government's motion for summary judgment is denied, and the plaintiff's cross-motion for summary judgment is granted; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 8/4/2020) (Attachments: # 1 Right to Appeal) (km) (Entered: 08/04/2020)
2020-08-04Terminate Transcript Deadlines (km) (Entered: 08/04/2020)
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