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Case TitleImmigrant Defense Project v. United States Immigration and Customs Enforcement
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv02520
Date Filed2019-03-21
Date Closed2023-06-06
JudgeMagistrate Judge Gabriel W. Gorenstein
PlaintiffImmigrant Defense Project
Case DescriptionThe Immigrant Defense Project submitted a FOIA request to U.S. Immigration and Customs Enforcement for records in the agency's New York and Buffalo offices' concerning the agency's policy of courthouse arrests of immigrants. The agency acknowledged receipt of the request and told the Immigrant Defense Project that it could find no records. The Project filed an administrative appeal. ICE remanded the case for a further search. After hearing nothing further from the agency, the Immigrant Defense Project filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States 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
Opinion/Order [14]
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-211COMPLAINT against United States Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number ANYSDC-16537649)Document filed by Immigrant Defense Project. (Attachments: # 1 Exhibit A - IDP Cardozo FOIA, # 2 Exhibit B - ICE Response to Requester, # 3 Exhibit C - ICE FOIA Admin Appeal Letter, # 4 Exhibit D - FOIA Appeal 2018-ICAP-00426; 2018-ICFO-25625, # 5 Exhibit E - October 3, 2018 Letter to ICE-FOIA, # 6 Exhibit F- November 16, 2018 Letter to ICE-FOIA, # 7 Exhibit G - November 20, 2018 ICE email, # 8 Exhibit H - February 8, 2019 Letter to ICE-FOIA, # 9 Exhibit I - February 14, 2019 ICE email, # 10 Exhibit J - Denver FOIA 201)(Cantor, Daniel) (Entered: 03/21/2019)
2019-03-212CIVIL COVER SHEET filed. (Cantor, Daniel) (Entered: 03/21/2019)
2019-03-213FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Immigrant Defense Project. (Cantor, Daniel) Modified on 3/22/2019 (jgo). (Entered: 03/21/2019)
2019-03-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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 . (jgo) (Entered: 03/22/2019)
2019-03-22Magistrate Judge Gabriel W. Gorenstein 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 . (jgo) (Entered: 03/22/2019)
2019-03-22Case Designated ECF. (jgo) (Entered: 03/22/2019)
2019-03-22***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Daniel Lucas Cantor to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on 'as to' docket entry text does not exactly match initial pleading caption; party name on the PDF 'To' section does not exactly match initial pleading caption;. 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. (jgo) (Entered: 03/22/2019)
2019-03-224REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, re: 1 Complaint,,. Document filed by Immigrant Defense Project. (Cantor, Daniel) (Entered: 03/22/2019)
2019-03-255ORDER TO ANSWER. This Court, having received the Complaint, hereby ORDERS that: The United States Attorney for the Southern District of New York must respond within 60 days. The petitioner may file a reply within 14 days of the filing of the response. It is further ORDERED that the Clerk of Court transmit a copy of this Order and the Complaint to the United States Attorney for this District, Attention: Chief of the Civil Division. SO ORDERED. (Signed by Judge P. Kevin Castel on 3/25/2019) (rjm) Transmission to Docket Assistant Clerk for processing. (Entered: 03/25/2019)
2019-03-25Mailed a copy of 5 Order to Answer, 1 Complaint, to United States Attorney for this District, Attention: Chief of the Civil Division, SDNY, 86 Chambers Street NY, NY 10007. (aea) (Entered: 03/25/2019)
2019-03-256ELECTRONIC SUMMONS ISSUED as to United States Immigration and Customs Enforcement. (dnh) (Entered: 03/25/2019)
2019-03-287AFFIDAVIT OF SERVICE of Summons In a Civil Action, Complaint for Declaratory and Injunctive Relief, Civil Cover Sheet, Individual Practices of Judge P. Kevin Castel, Individual Practices of Magistrate Judge Gabriel W. Gorenstein, Southern District of New York Electronic Case Filing Rules & Instructions, and Order to Answer served on UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. Service was accepted by Angela Florentino-Rios. Document filed by Immigrant Defense Project. (Cantor, Daniel) (Entered: 03/28/2019)
2019-04-188NOTICE OF APPEARANCE by Steven John Kochevar on behalf of United States Immigration and Customs Enforcement. (Kochevar, Steven) (Entered: 04/18/2019)
2019-05-239ANSWER to 1 Complaint,,. Document filed by United States Immigration and Customs Enforcement.(Kochevar, Steven) (Entered: 05/23/2019)
2020-10-0110ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 10/13/2020 at 12:30 PM before Judge P. Kevin Castel, as further set forth in this order. Due to the COVID-19 pandemic, conferences with the Court in civil cases will be held by teleconferencing until further notice. For initial pretrial conferences, plaintiff(s)' counsel shall, no later than 5 business days before the conference, email a copy of the agreed upon (or disputed) Civil Case Management Plan & Scheduling Order to: castelnysdchambers@nysd.uscourts.gov. The call-in information for all teleconferences is: Dial-in: (888) 363-4749 Access Code: 3667981 (Signed by Judge P. Kevin Castel on 10/1/2020) (jwh) (Entered: 10/01/2020)
2020-10-0511JOINT LETTER MOTION to Adjourn Conference and Pursuant to the Court's October 1, 2020 Order (ECF No. 10) addressed to Judge P. Kevin Castel from AUSA Steven J. Kochevar dated October 5, 2020. Document filed by United States Immigration and Customs Enforcement..(Kochevar, Steven) (Entered: 10/05/2020)
2020-10-0812NOTICE OF APPEARANCE by Matthew Schock on behalf of Immigrant Defense Project..(Schock, Matthew) (Entered: 10/08/2020)
2020-10-1313CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Immigrant Defense Project, United States Immigration and Customs Enforcement. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge P. Kevin Castel on 10/8/2020). (nb) (Entered: 10/13/2020)
2020-10-1414ORDER: granting 11 Letter Motion to Adjourn Conference. The initial pretrial conference is adjourned sine die. The parties shall file a status letter to the Court on or before December 2, 2020. If the parties agree in that letter that the initial conference should be continue to be adjourned, the parties shall file a status letter to the Court every three months thereafter. The parties may request a conference or briefing schedule at any time in the interim. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/14/2020) (ama) (Entered: 10/14/2020)
2020-12-0215JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from AUSA Steven J. Kochevar dated December 2, 2020 re: Status Letter Pursuant to October 14, 2020, Order (ECF No. 14). Document filed by United States Immigration and Customs Enforcement..(Kochevar, Steven) (Entered: 12/02/2020)
2021-02-0416NOTICE OF APPEARANCE by Rebecca Ruth Friedman on behalf of United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 02/04/2021)
2021-02-1117LETTER MOTION to Substitute Attorney. Old Attorney: AUSA Steven J. Kochevar, New Attorney: AUSA Rebecca R. Friedman addressed to Magistrate Judge Gabriel W. Gorenstein from AUSA Steven J. Kochevar dated February 11, 2021. Document filed by United States Immigration and Customs Enforcement..(Kochevar, Steven) (Entered: 02/11/2021)
2021-02-1218ORDER: granting 17 Letter Motion to Substitute Attorney. Application GRANTED. SO ORDERED. Attorney Steven John Kochevar terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/12/2021) (ama) (Entered: 02/12/2021)
2021-03-0219JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rebecca R. Friedman dated March 2, 2021 re: Status Update Required by the Court. Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 03/02/2021)
2021-03-2420NOTICE of Withdrawal of Attorney. Document filed by Immigrant Defense Project..(Schock, Matthew) (Entered: 03/24/2021)
2021-03-3121NOTICE OF APPEARANCE by Lauren M. Wagner on behalf of Immigrant Defense Project..(Wagner, Lauren) (Entered: 03/31/2021)
2021-06-0222JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rebecca R. Friedman dated June 2, 2021 re: Status Update Required by the Court. Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 06/02/2021)
2021-09-0223JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rebecca R. Friedman dated September 2, 2021 re: Status Update Required by the Court.. Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 09/02/2021)
2021-12-0324JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rebecca R. Friedman dated December 3, 2021 re: Joint Status Letter Submitted Pursuant to the Courts October 14, 2020 Order. Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 12/03/2021)
2022-03-0225JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Rebecca R. Friedman dated March 2, 2022 re: Status Letter Pursuant to the Court's October 14, 2020 Order. Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 03/02/2022)
2022-06-0226STATUS REPORT. on behalf of both parties Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 06/02/2022)
2022-09-0227STATUS REPORT. on Behalf of all Parties Document filed by United States Immigration and Customs Enforcement..(Friedman, Rebecca) (Entered: 09/02/2022)
2022-11-0228PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by United States Immigration and Customs Enforcement..(Onozawa, Tomoko) (Entered: 11/02/2022)
2022-11-0229CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, Defendant U.S. ICE substitutes Tomoko Onozawa as counsel of record in place Rebecca Ruth Friedman. The substitution of attorney is hereby approved and so ORDERED., Attorney Rebecca Ruth Friedman terminated. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/02/2022) (ama) (Entered: 11/02/2022)
2022-11-2930NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Immigration and Customs Enforcement..(Onozawa, Tomoko) (Entered: 11/29/2022)
2022-12-0231STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Onozawa, Tomoko) (Entered: 12/02/2022)
2023-01-1332STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Onozawa, Tomoko) (Entered: 01/13/2023)
2023-02-2833STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Onozawa, Tomoko) (Entered: 02/28/2023)
2023-05-3034STATUS REPORT. Document filed by United States Immigration and Customs Enforcement..(Onozawa, Tomoko) (Entered: 05/30/2023)
2023-06-0635ORDER OF DISCONTINUANCE: Accordingly, it is hereby ORDERED that this action is dismissed with prejudice and without costs (including attorney's fees) to either party. If either party wishes to reinstate this matter, the party must make a letter application to the undersigned within 30 days seeking to reopen this matter. Any application to reopen filed after the 30-day period has expired may be denied solely for failure to meet the 30-day deadline. Any pending motions are moot. The Clerk is requested to close the case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/06/2023) (ama) (Entered: 06/06/2023)
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