Case Detail

FOIA Project Annotation: A federal court in New York has ruled that U.S. Immigration and Customs Enforcement properly responded to a FOIA request from Kamephis Perez, an attorney for ICE, concerning his complaint against his superior, Khaliah Taylor alleging misconduct. During the investigation, Perez was informed that he was being transferred. He submitted a FOIA request for records on the investigation of his complaint, particularly for the identities of people who had learned about his complaint. The agency initially withheld the records under Exemption 7(A) (interference with ongoing investigation or proceeding) but subsequently agreed to conduct a search of the office of Professional Responsibility, the Ethics Office, and the Office of Principal Legal Advisor in the New York Office of Chief Counsel. Those searches located 461 pages of potentially responsive documents. After review, the agency decided that only 172 pages were responsive, and that the remaining 289 pages were non-responsive or duplicative. The agency disclosed 166 pages without redactions and withheld six pages in full under Exemption 6 (invasion of privacy). Perez did not challenge the agency's search but challenged the agency's exemption claims and its conclusion that 289 pages were non-responsive. The court agreed that the agency had shown that the privacy interests in the six withheld pages outweighed any public interest in the investigation and that the agency had conducted a sufficient segregability analysis. The court also rejected Perez's claim that the agency acted in bad faith by withholding the 289 pages as non-responsive, noting that "after thoroughly reviewing Perez's allegations with respect to each category, [the magistrate judge] found that these categories of documents were properly classified as non-responsive, and that Perez's arguments to the contrary were 'based entirely on. . .conjecture' and 'unsupported assumptions' about what documents were included in these categories."
Issues: Litigation - Jurisdiction - Failure to State a Claim

Date Filed	Doc #	Docket Text
2019-04-09	1	COMPLAINT against U.S. Immigration and Customs Enforcement. (Filing Fee $ $400.00, Receipt Number 465401232737) Document filed by Kamephis Perez. (sac) (Entered: 04/10/2019)
2019-04-09	2	CIVIL COVER SHEET filed. (sac) (Entered: 04/10/2019)
2019-04-09		Case Designated ECF. (sac) (Entered: 04/10/2019)
2019-04-09		Magistrate Judge James L. Cott 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 . (sac) (Entered: 04/10/2019)
2019-04-09	3	SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (sac) (Entered: 04/10/2019)
2019-07-15	5	REQUEST FOR CERTIFICATE OF DEFAULT. Document filed by Kamephis Perez. (sc) (Entered: 07/15/2019)
2019-07-15	6	AFFIRMATION of Kamephis Perez IN SUPPORT OF CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kamephis Perez. (sc) (Entered: 07/16/2019)
2019-08-02	7	SUMMONS RETURNED EXECUTED Summons and Complaint served. U.S. Immigration and Customs Enforcement served on 4/10/2019, answer due 6/10/2019. Service was accepted by DHS Office of the General Counsel. Document filed by Kamephis Perez. (sac) (Entered: 08/02/2019)
2019-08-02	8	PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Kamephis Perez. (sac) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). (Entered: 08/02/2019)
2019-08-02	9	Vacated as per Judges Order dated 8/19/2019 Doc. # 12 CLERK'S CERTIFICATE OF DEFAULT as to U.S. Immigration & Customs Enforcement. (km) Modified on 8/19/2019 (jca). (Entered: 08/02/2019)
2019-08-15	10	NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of U.S. Immigration and Customs Enforcement. (Dolinger, Samuel) (Entered: 08/15/2019)
2019-08-15	11	LETTER addressed to Judge Paul G. Gardephe from Samuel Dolinger dated 8/15/2019 re: Request to vacate Clerk's certificate of default for lack of proper service. Document filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Certificate of service)(Dolinger, Samuel) (Entered: 08/15/2019)
2019-08-19	12	MEMO ENDORSEMENT on re: 11 Letter, filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/19/2019) (jca) (Entered: 08/19/2019)
2019-08-20	13	MOTION FOR PERMISSION FOR ELECTRONIC CASE FILING; re: for Permission for K. Perez to participate in electronic case filing in this case. Document filed by Kamephis Perez.(sc) (Entered: 08/20/2019)
2019-08-22	14	MEMO ENDORSEMENT granting 13 MOTION for Permission for K. Perez to participate in electronic case filing in this case. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/22/2019) (jca) (Entered: 08/22/2019)
2019-09-13	15	ANSWER to 1 Complaint. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 09/13/2019)
2019-09-13	16	CERTIFICATE OF SERVICE of defendant's answer served on Kamephis Perez on 9/13/2019. Service was made by U.S. mail. Document filed by U.S. Immigration and Customs Enforcement. (Dolinger, Samuel) (Entered: 09/13/2019)
2019-11-06	17	ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/6/2019) (jca) (Entered: 11/06/2019)
2019-11-07	18	ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 11/21/2019 at 11:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/7/2019) (jca) (Entered: 11/07/2019)
2019-11-15	19	LETTER MOTION to Adjourn Conference scheduled for November 21, 2019 addressed to Magistrate Judge James L. Cott from Samuel Dolinger dated 11/15/2019. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 11/15/2019)
2019-11-15	20	ORDER granting 19 Letter Motion to Adjourn Conference. The initial pretrial conference is adjourned to December 18 at 11 a.m. in courtroom 21-D, 500 Pearl Street, New York, NY. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 11/15/2019)
2019-11-25	21	ORDER RESCHEDULING CONFERENCE PURSUANT TO RULE 16: By Order dated November 15, 2019 (Dkt. No. 20), the Court adjourned the initial case management conference to December 18, 2019 at 11:00 a.m. Because of a change in the Courts schedule, the time for the conference is hereby changed from 11:00 a.m. to 9:45 a.m. that same day. SO ORDERED. Initial Conference set for 12/18/2019 at 09:45 AM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 11/25/2019) (jca) (Entered: 11/25/2019)
2019-12-17	22	LETTER addressed to Magistrate Judge James L. Cott from Samuel Dolinger dated 12/17/2019 re: government's letter in advance of conference scheduled for December 18, 2019, at 9:45 a.m.. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 12/17/2019)
2019-12-18		Minute Entry for proceedings held before Magistrate Judge James L. Cott: Interim Pretrial Conference held on 12/18/2019. (Tam, David) (Entered: 12/18/2019)
2019-12-18	23	MEMO ENDORSEMENT on re: 22 Letter, filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: As discussed at the conference today, this request is approved, on consent. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 12/18/2019) (jca) (Entered: 12/18/2019)
2020-01-10	24	LETTER addressed to Magistrate Judge James L. Cott from Samuel Dolinger dated 1/10/2020 re: parties' proposed briefing schedule. Document filed by U.S. Immigration and Customs Enforcement.(Dolinger, Samuel) (Entered: 01/10/2020)
2020-01-13	25	MEMO ENDORSEMENT on re: 24 Letter filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: The proposed schedule is approved, subject to any more further by Judge Gardephe. SO ORDERED. (Cross Motions due by 3/20/2020, Motions due by 2/21/2020, Responses due by 4/3/2020, Replies due by 4/17/2020.) (Signed by Magistrate Judge James L. Cott on 1/13/2020) (jca) (Entered: 01/13/2020)
2020-02-21	26	MOTION for Summary Judgment . Document filed by U.S. Immigration and Customs Enforcement. Responses due by 3/20/2020.(Dolinger, Samuel) (Entered: 02/21/2020)
2020-02-21	27	MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 02/21/2020)
2020-02-21	28	DECLARATION of Toni Fuentes in Support re: 26 MOTION for Summary Judgment .. Document filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A - FOIA request).(Dolinger, Samuel) (Entered: 02/21/2020)
2020-02-21	29	CERTIFICATE OF SERVICE of summary judgment motion papers served on Kamephis Perez on 2/21/2020. Service was made by U.S. mail. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 02/21/2020)
2020-03-19	30	CROSS MOTION for Summary Judgment . Document filed by Kamephis Perez. Responses due by 4/17/2020.(Perez, Kamephis) (Entered: 03/19/2020)
2020-03-19	31	MEMORANDUM OF LAW in Support re: 30 CROSS MOTION for Summary Judgment . . Document filed by Kamephis Perez. (Attachments: # 1 Exhibit Exhibit A part 1- FOIA Production, # 2 Exhibit Exhibit A part 2- FOIA Production, # 3 Exhibit Exhibit A part 3- FOIA Production, # 4 Exhibit Exhibit A part 4- FOIA Production, # 5 Exhibit Exhibit B- FOIA Appeal Response (2-1-2019), # 6 Exhibit Exhibit C- FOIA Appeal Response (4-1-2019), # 7 Exhibit Exhibit D- FOIA Supplemental Response (11-29-2020), # 8 Exhibit Exhibit E- FOIA Supplemental Response (1-21-2020), # 9 Exhibit Exhibit F- Plaintiff's E-mail to ICE Ethics, # 10 Affidavit Declaration of Kamephis Perez).(Perez, Kamephis) (Entered: 03/19/2020)
2020-03-19	32	MEMORANDUM OF LAW in Opposition re: 26 MOTION for Summary Judgment . . Document filed by Kamephis Perez. (Attachments: # 1 Exhibit Exhibit A part 1- FOIA Production, # 2 Exhibit Exhibit A part 2- FOIA Production, # 3 Exhibit Exhibit A part 3- FOIA Production, # 4 Exhibit Exhibit A part 4- FOIA Production, # 5 Exhibit Exhibit B- FOIA Appeal Decision (2-1-2019), # 6 Exhibit Exhibit C- FOIA Appeal Decision (4-1-2019), # 7 Exhibit Exhibit D- FOIA Supplemental Response (11-29-2019), # 8 Exhibit Exhibit E- FOIA Supplemental Response (1-21-2020), # 9 Exhibit Exhibit F- Plaintiff's E-mail to ICE Ethics, # 10 Affidavit Declaration of Kamephis Perez).(Perez, Kamephis) (Entered: 03/19/2020)
2020-04-03	33	SUPPLEMENTAL MOTION for Summary Judgment ., MOTION to Strike Document No. [31, 32] .( Responses due by 4/17/2020) Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-03	34	MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment ., 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] . . Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-03	35	DECLARATION of Toni Fuentes (Second) in Support re: 26 MOTION for Summary Judgment ., 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] .. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-03	36	CERTIFICATE OF SERVICE of summary judgment motion papers served on Kamephis Perez on 4/3/2020. Service was made by e-mail. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/03/2020)
2020-04-17	37	CROSS MOTION to Strike Document No. 34 . Document filed by Kamephis Perez. Responses due by 5/1/2020.(Perez, Kamephis) (Entered: 04/17/2020)
2020-04-17	38	REPLY MEMORANDUM OF LAW in Support re: 37 CROSS MOTION to Strike Document No. 34 ., 26 MOTION for Summary Judgment ., 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] ., 30 CROSS MOTION for Summary Judgment . . Document filed by Kamephis Perez..(Perez, Kamephis) (Entered: 04/17/2020)
2020-04-17	39	DECLARATION of Kamephis Perez in Support re: 37 CROSS MOTION to Strike Document No. 34 ., 30 CROSS MOTION for Summary Judgment .. Document filed by Kamephis Perez. (Attachments: # 1 Exhibit G- FOIA Production (4-03-2020)).(Perez, Kamephis) (Entered: 04/17/2020)
2020-04-27	40	AMENDED ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e., motion requiring a Report and Recommendation); Particular Motion: 26, 30, 33, 27. Referred to Magistrate Judge James L. Cott. SO ORDERED. Motions referred to James L. Cott. (Signed by Judge Paul G. Gardephe on 4/27/2020) (jca) (Entered: 04/27/2020)
2020-04-30	41	MEMORANDUM OF LAW in Opposition re: 37 CROSS MOTION to Strike Document No. 34 . . Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/30/2020)
2020-04-30	42	CERTIFICATE OF SERVICE of defendant's opposition to motion to strike served on Kamephis Perez on 4/30/2020. Service was made by e-mail. Document filed by U.S. Immigration and Customs Enforcement..(Dolinger, Samuel) (Entered: 04/30/2020)
2020-08-06	43	REPORT & RECOMMENDATION re: 37 CROSS MOTION to Strike Document No. 34 . filed by Kamephis Perez, 26 MOTION for Summary Judgment . filed by U.S. Immigration and Customs Enforcement, 33 SUPPLEMENTAL MOTION for Summary Judgment . MOTION to Strike Document No. [31, 32] . filed by U.S. Immigration and Customs Enforcement, 30 CROSS MOTION for Summary Judgment . filed by Kamephis Perez. For the foregoing reasons, the Court recommends that the parties' agreement to narrow the issues be enforced. The Court further recommends that both parties' motions to strike be denied, and that ICE's motion for summary judgment be granted and Perez's cross-motion be denied. Objections to R&R due by 8/20/2020 (Signed by Magistrate Judge James L. Cott on 8/6/2020) (ks) (Entered: 08/07/2020)
2020-09-08	44	ORDER for 43 Report and Recommendation. Judge Cott's R&R (Dkt. No. 43) is adopted in its entirety. Defendant's motion for summary judgment (Dkt. No. 26) is granted, and Plaintiff's cross-motion for summary judgment (Dkt. Nos. 30) is denied. The parties' cross-motions to strike (Dkt. Nos. 33, 37) are denied. The Clerk of Court is directed to close this case. A copy of this Order has been mailed to pro se Plaintiff by Chambers. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/8/2020) Copies Mailed By Chambers. (jca) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/08/2020)
2020-09-08	45	CLERK'S JUDGMENT re: 44 Order Adopting Report and Recommendations in favor of U.S. Immigration and Customs Enforcement against Kamephis Perez. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated September 8, 2020, Judge Cott's R&R is adopted in its entirety. Defendant's motion for summary judgment is granted, and Plaintiff's cross-motion for summary judgment is denied. The parties' cross-motions to strike are denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/8/2020) (Attachments: # 1 Right to Appeal) (km) Transmission to Docket Assistant Clerk for processing. (Entered: 09/08/2020)
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