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Case TitleNew York Immigration Coalition et al v. U.S. Citizenship and Immigration Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv06693
Date Filed2019-07-18
Date Closed2020-08-26
JudgeJudge Ronnie Abrams
PlaintiffNew York Immigration Coalition
PlaintiffImmigrant Justice Corps
Case DescriptionThe New York Immigration Coalition and Immigrant Justice Corps submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning processing and adjudication of Application for Employment Authorization Documents. The agency acknowledged receipt of the request. After hearing nothing from the agency, the New York Immigration Coalition and Immigrant Justice Corps filed an administrative appeal of the agency's failure to respond. After hearing nothing further, the NYIC and IJC filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Citizenship and Immigration Services
Documents
Docket
Complaint
Opinion/Order [29]
User-contributed Documents
 002 Civil Cover Sheet
003 Rule 7.1 Corporate Disclosure Statement
004 Rule 7.1 Corporate Disclosure Statement
005 Govt Summons
006 Dandelet Notice of Pro Bono Counsel
007 Govt Summons
008 Order and Notice of Initial Conference
009 Pl Letter to Judge Abrams
010 Order Granting Pl Request to Re-File
011 Amended Complaint
011-1 Amended Complaint Exhibit A
011-2 Amended Complaint Exhibit B
011-3 Amended Complaint Exhibit C
011-4 Amended Complaint Exhibit D
011-5 Amended Complaint Exhibit E
011-6 Amended Complaint Exhibit F
012 Affidavit of Service
013 Cyr Certificate of Service
014 Reddy Notice of Appearance
015 Answer to Complaint
016 Nakajima Notice of Appearance
017 Martinez-Gallinucci Pro Bono Notice of Appearance
018 Govt Letter to Judge Abrams
019 Govt Letter to Judge Abrams Endorsed
020 Pl Letter to Judge Abrams
021 Pl Letter to Judge Abrams Endorsed
022 Pl Letter to Judge Abrams
023 Pl Letter to Judge Abrams Endorsed
024 Pl Letter to Judge Abrams
025 Pl Letter to Judge Abrams Order
026 Pl Letter to Judge Abrams
027 Pl Letter to Judge Abrams Endorsed
028 Pl Letter to Judge Abrams
029 Pl Letter to Judge Abrams Endorsed
030 Pl Letter to Judge Abrams
031 Stipulation of Voluntary Dismissal
031 Stipulation of Voluntary Dismissal Revised
032 Stipulation of Voluntary Dismissal Ordered
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-181COMPLAINT against U.S. Citizenship and Immigration Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-17267117)Document filed by New York Immigration Coalition, Immigrant Justice Corps.(Rosenthal, Jeffrey) (Entered: 07/18/2019)
2019-07-182CIVIL COVER SHEET filed. (Rosenthal, Jeffrey) (Entered: 07/18/2019)
2019-07-183RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Immigrant Justice Corps.(Rosenthal, Jeffrey) (Entered: 07/18/2019)
2019-07-184RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Immigration Coalition.(Rosenthal, Jeffrey) (Entered: 07/18/2019)
2019-07-185REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint. Document filed by Immigrant Justice Corps, New York Immigration Coalition. (Rosenthal, Jeffrey) (Entered: 07/18/2019)
2019-07-186NOTICE OF APPEARANCE by Kyle A. Dandelet on behalf of Immigrant Justice Corps, New York Immigration Coalition. (Dandelet, Kyle) (Entered: 07/18/2019)
2019-07-19CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. 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: 07/19/2019)
2019-07-19Magistrate Judge Henry B. Pitman 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: 07/19/2019)
2019-07-19Case Designated ECF. (jgo) (Entered: 07/19/2019)
2019-07-197ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services. (jgo) (Entered: 07/19/2019)
2019-07-238ORDER AND NOTICE OF INITIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby: ORDERED that counsel for all parties appear for an initial status conference August 30, 2019 at 3:00 p.m. in Courtroom 1506 of the U.S. District Court for the Southern District of New York, 40 Foley Square, New York, New York. IT IS FURTHER ORDERED that, no later than August 23, 2019, the parties submit a joint letter, not to exceed five (5) pages, providing the following information in separate paragraphs: as set forth herein. Please consult my Individual Rules and Practices with respect to communications with Chambers and related matters. Plaintiffs are ordered to serve Defendant with a copy of this Order and to file an affidavit on ECF certifying that such service has been effectuated. SO ORDERED. Initial Conference set for 8/30/2019 at 03:00 PM in Courtroom 1506, 40 Centre Street, New York, NY 10007 before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 7/23/2019) (ama) (Entered: 07/23/2019)
2019-07-239LETTER MOTION for Leave to File Corrected Complaint addressed to Judge Ronnie Abrams from Jeffrey A. Rosenthal dated July 23, 2019. Document filed by Immigrant Justice Corps, New York Immigration Coalition.(Rosenthal, Jeffrey) (Entered: 07/23/2019)
2019-07-2410ORDER GRANTING PLAINTIFFS' REQUEST TO RE-FILE THE CORRECTED COMPLAINT WITH EXHIBITS: granting 9 Letter Motion for Leave to File Document. Upon consideration of Plaintiffs' Letter Motion requesting leave to file the corrected Complaint and supporting exhibits, the Court hereby GRANTS the Motion. IT IS ORDERED that Plaintiffs are granted permission to file the corrected Complaint with exhibits. (Signed by Judge Ronnie Abrams on 7/24/2019) (ama) (Entered: 07/24/2019)
2019-07-2411COMPLAINT against U.S. Citizenship and Immigration Services. Document filed by New York Immigration Coalition, Immigrant Justice Corps. (Attachments: # 1 Exhibit A - May 14, 2018 FOIA Request to USCIS, # 2 Exhibit B - May 14, 2018 FOIA Request to DHS, # 3 Exhibit C - May 16, 2018 Letter from DHS to Plaintiffs, # 4 Exhibit D - May 25, 2018 Letter #1 from USCIS to Plaintiffs, # 5 Exhibit E - May 25, 2018 Letter #2 from USCIS to Plaintiffs, # 6 Exhibit F - April 24, 2019 Appeal of USCIS' Constructive Denial, # 7 Exhibit G - April 30, 2019 Letter Denying Plaintiffs' FOIA Appeal Request)(Rosenthal, Jeffrey) (Entered: 07/24/2019)
2019-07-2612AFFIDAVIT OF SERVICE of Summons and Complaint. Document filed by New York Immigration Coalition, Immigrant Justice Corps. (Rosenthal, Jeffrey) (Entered: 07/26/2019)
2019-08-0913CERTIFICATE OF SERVICE of Order and Notice of Initial Conference 8 . Document filed by Immigrant Justice Corps, New York Immigration Coalition. (Rosenthal, Jeffrey) (Entered: 08/09/2019)
2019-08-2114NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of U.S. Citizenship and Immigration Services. (Reddy, Kirti) (Entered: 08/21/2019)
2019-08-2115ANSWER to 11 Complaint,,. Document filed by U.S. Citizenship and Immigration Services.(Reddy, Kirti) (Entered: 08/21/2019)
2019-08-2116NOTICE OF APPEARANCE by Simon Nakajima on behalf of U.S. Citizenship and Immigration Services. (Nakajima, Simon) (Entered: 08/21/2019)
2019-08-2217NOTICE OF APPEARANCE OF PRO BONO COUNSEL by Tanya Martinez-Gallinucci on behalf of New York Immigration Coalition (Martinez-Gallinucci, Tanya) (Entered: 08/22/2019)
2019-08-2218LETTER addressed to Judge Ronnie Abrams from Kirti Reddy dated August 22, 2019 re: adjourment of initial conference. Document filed by U.S. Citizenship and Immigration Services.(Reddy, Kirti) (Entered: 08/22/2019)
2019-08-2319MEMO ENDORSEMENT on re: 18 Letter filed by U.S. Citizenship and Immigration Services. ENDORSEMENT: Application granted. The conference scheduled for August 30, 2019 is adjourned until September 20, 2019 at 11:30 a.m. SO ORDERED. (Initial Conference set for 9/20/2019 at 11:30 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 8/23/2019) (jca) (Entered: 08/23/2019)
2019-09-1320LETTER addressed to Judge Ronnie Abrams from Jeffrey A. Rosenthal dated September 13, 2019 re: status of FOIA request. Document filed by Immigrant Justice Corps, New York Immigration Coalition.(Rosenthal, Jeffrey) (Entered: 09/13/2019)
2019-09-20Minute Entry for proceedings held before Judge Ronnie Abrams: Initial Pretrial Conference held on 9/20/2019. (arc) (Entered: 09/20/2019)
2019-09-2021MEMO ENDORSEMENT on re: 20 Letter filed by New York Immigration Coalition, Immigrant Justice Corps. ENDORSEMENT: Application granted. As discussed in today's initial status conference, the Court approves of the parties' proposed production schedule. The parties shall file a status update to the Court no later than January 30, 2020. (Signed by Judge Ronnie Abrams on 9/20/2019) (mro) (Entered: 09/20/2019)
2019-10-01NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L Cave. Please note that this is a reassignment of the designation only. (wb) (Entered: 11/12/2019)
2020-01-3022LETTER addressed to Judge Ronnie Abrams from Tanya Martinez-Gallinucci dated January 30, 2020 re: Status Update. Document filed by Immigrant Justice Corps, New York Immigration Coalition.(Martinez-Gallinucci, Tanya) (Entered: 01/30/2020)
2020-01-3123MEMO ENDORSEMENT on re: 22 Letter filed by New York Immigration Coalition, Immigrant Justice Corps. ENDORSEMENT: The parties shall submit another status letter, discussing any issues or concerns with production, no later than March 13, 2020. (Signed by Judge Ronnie Abrams on 1/31/2020) (jwh) (Entered: 01/31/2020)
2020-03-1324LETTER addressed to Judge Ronnie Abrams from Tanya Martinez-Gallinucci dated March 13, 2020 re: status update. Document filed by Immigrant Justice Corps, New York Immigration Coalition..(Martinez-Gallinucci, Tanya) (Entered: 03/13/2020)
2020-05-1825MEMO ENDORSEMENT on re: 24 Letter re: status update filed by New York Immigration Coalition, Immigrant Justice Corps. ENDORSEMENT: No later than May 22, 2020, the parties shall provided a status report to the Court. In the event that the parties have been unable to come to an agreement, the parties shall submit a proposed briefing schedule to address any remaining issues. (Signed by Judge Ronnie Abrams on 5/18/2020) (rj) (Entered: 05/18/2020)
2020-05-2226LETTER addressed to Judge Ronnie Abrams from Tanya Martinez-Gallinucci dated May 22, 2020 re: status update. Document filed by Immigrant Justice Corps, New York Immigration Coalition..(Martinez-Gallinucci, Tanya) (Entered: 05/22/2020)
2020-05-2627MEMO ENDORSEMENT: on re: 26 Letter filed by New York Immigration Coalition, Immigrant Justice Corps. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Ronnie Abrams on 5/26/2020) (ama) (Entered: 05/26/2020)
2020-06-2228LETTER MOTION for Extension of Time to File Status Update addressed to Judge Ronnie Abrams from Tanya Martinez-Gallinucci dated June 22, 2020. Document filed by Immigrant Justice Corps, New York Immigration Coalition..(Martinez-Gallinucci, Tanya) (Entered: 06/22/2020)
2020-06-2329ORDER granting 28 Letter Motion for Extension of Time to File. Application granted. No later than August 26, 2020, the parties shall submit a final joint status report. In the event that the parties cannot resolve the remaining issues, the parties shall include a proposed briefing schedule in that letter. Absent good cause, no further extensions will be granted. (Signed by Judge Ronnie Abrams on 6/23/2020) (rro) (Entered: 06/23/2020)
2020-08-2630LETTER addressed to Judge Ronnie Abrams from Tanya L. Martinez-Gallinucci dated August 26, 2020 re: status update. Document filed by Immigrant Justice Corps, New York Immigration Coalition..(Martinez-Gallinucci, Tanya) (Entered: 08/26/2020)
2020-08-2631FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) U.S. Citizenship and Immigration Services and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by New York Immigration Coalition, Immigrant Justice Corps. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Martinez-Gallinucci, Tanya) Modified on 8/26/2020 (km). (Entered: 08/26/2020)
2020-08-26***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Tanya Martinez-Gallinucci. RE-FILE Document No. 31 Stipulation of Voluntary Dismissal. The filing is deficient for the following reason(s): the stipulation needs to have a handwritten signature of plaintiff's attorney. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed PDF. (km) (Entered: 08/26/2020)
2020-08-2632STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) U.S. Citizenship and Immigration Services and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by New York Immigration Coalition, Immigrant Justice Corps. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Martinez-Gallinucci, Tanya) (Entered: 08/26/2020)
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by FOIA Project Staff
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