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Case TitleSkylight Engagement, Inc. et al v. US Department of Homeland Security et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2021cv00922
Date Filed2021-02-19
Date Closed2023-06-05
JudgeJudge Nicholas G. Garaufis
PlaintiffSkylight Engagement, Inc.
PlaintiffAmerican Immigration Council
Case DescriptionSkylight Engagement and the American Immigration Council submitted FOIA requests to the Department of Homeland Security for records concerning video of two incidents that happened in June and July 2017 at an aid station operated by U.S. Customs and Border Protection. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Skylight Engagement filed suit.
Complaint issues: Failure to respond within statutory time limit, Search - Consultation, Litigation - Attorney's fees

DefendantUS Department of Homeland Security
DefendantUS Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-02-191COMPLAINT against US Customs and Border Protection, US Department of Homeland Security filing fee $ 402, receipt number ANYEDC-14172621 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Skylight Engagement, Inc., American Immigration Council. (Attachments: # 1 Exhibit Ex A - FOIA Request, # 2 Exhibit Ex B - CBP acknowledgment, # 3 Exhibit Ex C - FOIA correspondence, # 4 Civil Cover Sheet, # 5 Proposed Summons, # 6 Proposed Summons) (Cuti, John) (Entered: 02/19/2021)
2021-02-22Case Assigned to Judge Nicholas G. Garaufis and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Davis, Kimberly) (Entered: 02/22/2021)
2021-02-222In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Davis, Kimberly) (Entered: 02/22/2021)
2021-02-223This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 02/22/2021)
2021-02-224Summons Issued as to US Customs and Border Protection, US Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons) (Davis, Kimberly) (Entered: 02/22/2021)
2021-03-025AFFIDAVIT of Service for Summons and Complaint served on U.S.; Department of Homeland Security; Customs and Border Protection on February 25, 2021, filed by American Immigration Council, Skylight Engagement, Inc.. (Cuti, John) (Entered: 03/02/2021)
2021-03-056NOTICE of Appearance by Alex Scott Weinberg on behalf of All Defendants (aty to be noticed) (Weinberg, Alex) (Entered: 03/05/2021)
2021-03-297Consent MOTION for Extension of Time to File Answer , move, or otherwise respond to the Complaint by US Customs and Border Protection, US Department of Homeland Security. (Weinberg, Alex) (Entered: 03/29/2021)
2021-04-05MODIFIED ELECTRONIC ORDER granting 7 Motion for Extension of Time to Answer - 6/4/2021. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/5/2021. (Caggiano, Diana) Modified on 4/5/2021. (Entered: 04/05/2021)
2021-04-058MODIFIED SCHEDULING ORDER: An Initial Conference is set for 7/12/2021 @ 10:15 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:15 AM. Enter Access code: 380-1746 and security code: 21-0922. So Ordered by Chief Magistrate Cheryl L. Pollak on 4/5/2021. (Caggiano, Diana) (Main Document 8 replaced on 4/5/2021) (Caggiano, Diana). Modified on 4/5/2021 (Caggiano, Diana). (Entered: 04/05/2021)
2021-04-239MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14405958. by American Immigration Council. (Attachments: # 1 Affidavit in Support, # 2 Certificate of Good Standing - MD, # 3 Certificate of Good Standing - DC) (Creighton, Emily) (Entered: 04/23/2021)
2021-04-29ELECTRONIC ORDER granting 9 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee be submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Chief Magistrate Cheryl L. Pollak on 4/29/2021. (Moon, Chloe) (Entered: 04/29/2021)
2021-05-0310NOTICE of Appearance by Emily Creighton on behalf of American Immigration Council (notification declined or already on case) (Creighton, Emily) (Entered: 05/03/2021)
2021-06-0411ANSWER to 1 Complaint,, by All Defendants. (Weinberg, Alex) (Entered: 06/04/2021)
2021-07-1212NOTICE of Appearance by Daniel Erik Mullkoff on behalf of American Immigration Council, Skylight Engagement, Inc. (aty to be noticed) (Mullkoff, Daniel) (Entered: 07/12/2021)
2021-07-13MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 7/12/2021. Appearances for plaintiffs: John Cuti and Daniel Mullkoff (for Skylight Engagement), Emily Creighton (for American Immigration Council). Appearance for defendant: Alex Weinberg. The government is producing documents. Status report due in 45 days - 8/27/2021. (Caggiano, Diana) (Entered: 07/13/2021)
2021-08-2613STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Weinberg, Alex) (Entered: 08/26/2021)
2021-08-27ELECTRONIC STATUS REPORT ORDER re. 13 : Status Report due by 10/11/2021 . So Ordered by Chief Magistrate Cheryl L. Pollak on 8/27/2021. (Henney, Scott) (Entered: 08/27/2021)
2021-09-1514Letter in Response to Defendants' Status Report by American Immigration Council, Skylight Engagement, Inc. (Cuti, John) (Entered: 09/15/2021)
2021-10-07ELECTRONIC STATUS REPORT ORDER re 14 : Defendants to submit a Status Report addressing plaintiffs' concerns raised in their September 15 letter by 10/21/2021 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/7/2021. (Henney, Scott) (Entered: 10/07/2021)
2021-10-1215STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Weinberg, Alex) (Entered: 10/12/2021)
2021-10-14ELECTRONIC STATUS REPORT ORDER re 15 : Status Report due by 12/17/2021 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/14/2021. (Henney, Scott) (Entered: 10/14/2021)
2021-12-0316NOTICE of Appearance by David Allen Cooper on behalf of All Defendants (aty to be noticed) (Cooper, David) (Entered: 12/03/2021)
2021-12-0317MOTION to Withdraw as Attorney for Defendants by US Customs and Border Protection, US Department of Homeland Security. (Weinberg, Alex) (Entered: 12/03/2021)
2021-12-08ORDER re 17 : Granting Motion to Withdraw as Attorney. Attorney Alex Scott Weinberg terminated. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/8/2021. (Henney, Scott) (Entered: 12/08/2021)
2021-12-1718STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 12/17/2021)
2021-12-20ELECTRONIC STATUS REPORT ORDER re 18 : Status Report due by 2/11/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/20/2021. (Henney, Scott) (Entered: 12/20/2021)
2022-02-1119STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 02/11/2022)
2022-02-13ELECTRONIC STATUS REPORT ORDER 19 : Status Report due by 3/28/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 2/13/2022. (Henney, Scott) (Entered: 02/13/2022)
2022-03-2820STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 03/28/2022)
2022-03-29ELECTRONIC STATUS REPORT ORDER re 20 : Status Report due by 5/13/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 3/29/2022. (Henney, Scott) (Entered: 03/29/2022)
2022-05-1321STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 05/13/2022)
2022-05-16ELECTRONIC STATUS REPORT ORDER re 21 : Status Report due by 7/1/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 5/16/2022. (Henney, Scott) (Entered: 05/16/2022)
2022-07-0122STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 07/01/2022)
2022-07-05ELECTRONIC STATUS REPORT ORDER re 22 : Status Report due by 8/1/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 7/5/2022. (Henney, Scott) (Entered: 07/05/2022)
2022-08-0123STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 08/01/2022)
2022-08-02ELECTRONIC STATUS REPORT ORDER re 23 : Status Report due by 9/2/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 8/2/2022. (Henney, Scott) (Entered: 08/02/2022)
2022-09-0224STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 09/02/2022)
2022-09-08ELECTRONIC STATUS REPORT ORDER re 24 : Status Report due by 10/3/2022 . So ordered by Chief Magistrate Judge Cheryl L. Pollak on 9/8/2022. (Krent, Mollie) (Entered: 09/08/2022)
2022-10-0325STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 10/03/2022)
2022-10-04ELECTRONIC STATUS REPORT ORDER re 25 : Status Report due by 11/2/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 10/4/2022. (MK) (Entered: 10/04/2022)
2022-11-0226STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 11/02/2022)
2022-11-04ELECTRONIC STATUS REPORT ORDER re 26 : Status Report due by 12/2/2022 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 11/4/2022. (MK) (Entered: 11/04/2022)
2022-12-0227STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 12/02/2022)
2022-12-07ELECTRONIC STATUS REPORT ORDER re 27 : Status Report due by 1/6/2023 . So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 12/7/2022. (MK) (Entered: 12/07/2022)
2023-01-0628STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 01/06/2023)
2023-01-09ELECTRONIC STATUS REPORT ORDER re 28 : Status Report due by 2/6/2023 .So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 1/9/2023. (MK) (Entered: 01/09/2023)
2023-02-0629STATUS REPORT by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 02/06/2023)
2023-02-13ELECTRONIC STATUS REPORT ORDER re 29 Request granted. Status Report due by 3/8/2023 . So Ordered by Magistrate Judge Cheryl L. Pollak on 2/13/2023. (DC) (Entered: 02/13/2023)
2023-03-0830Consent MOTION for Leave to File Document in the form of a Stipulation of Dismissal by April 19, 2023 in light of the parties settlement agreement in principle (subject to internal U.S. Department of Justice approvals) by US Customs and Border Protection, US Department of Homeland Security. (Cooper, David) (Entered: 03/08/2023)
2023-03-09ELECTRONIC ORDER granting 30 Request granted. Parties are to finalize the settlement and file a stipulation of dismissal by 4/19/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 3/9/2023. (DC) (Entered: 03/09/2023)
2023-04-1931Consent MOTION for Extension of Time to File Stipulation of Dismissal by US Customs and Border Protection, US Department of Homeland Security. (Cooper, David) (Entered: 04/19/2023)
2023-04-20ELECTRONIC ORDER granting 31 Parties are to file a stipulation of dismissal by 5/19/2023. So Ordered by Magistrate Judge Cheryl L. Pollak on 4/20/2023. (DC) (Entered: 04/20/2023)
2023-05-1932STIPULATION of Dismissal by US Customs and Border Protection, US Department of Homeland Security (Cooper, David) (Entered: 05/19/2023)
2023-06-0533STIPULATION AND ORDER OF DISMISSAL. So Ordered by Judge Nicholas G. Garaufis on 6/5/2023. (TLH) (Entered: 06/05/2023)
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