| Date Filed | Doc # | Docket Text |
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| 2023-12-12 | 1 | COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement (Filing fee $405 receipt number ANYNDC-6543848) filed by Susan B. Long, David Burnham, and TRAC Reports, Inc. (Attachments: # 1 Civil Cover Sheet)(see) (Entered: 12/13/2023) |
| 2023-12-12 | 2 | FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by TRAC Reports, Inc. (see) (Entered: 12/13/2023) |
| 2023-12-13 | | CLERK'S CORRECTION OF DOCKET ENTRY as to 2 Summons Issued event. Clerk removed the summonses issued event so that document no. 2 could be the Corporate Disclosure, which was filed on 12/12/2023. Therefore the documents will appear in chronological order based upon file date. (see) (Entered: 12/13/2023) |
| 2023-12-13 | 3 | Summonses Issued as to U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons for U.S. Customs and Border Protection, # 2 Summons for U.S. Attorney General, # 3 Summons for U.S. Attorney)(see) (Entered: 12/13/2023) |
| 2023-12-13 | 4 | G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/12/2024 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/5/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) (Entered: 12/13/2023) |
| 2023-12-13 | 5 | NOTICE OF ADMISSION REQUIREMENT as to Party plaintiffs; Attorney Nicolas Sansone and Michael T. Kirkpatrick, Email address is nsansone@citizen.org. Phone number is (202) 588-7714. Admissions due by 12/27/2023. {Attorneys emailed a copy of letter and GO25 on 12/13/2023}(see) (Entered: 12/13/2023) |
| 2023-12-14 | 6 | MOTION for Limited Admission Pro Hac Vice of Michael T. Kirkpatrick Filing fee $100, receipt number ANYNDC-6546620. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: # 1 Exhibit(s) Pet. for Admission to Practice, # 2 Declaration of Sponsor, # 3 Exhibit(s) Attorney E-Filing Registration Form, # 4 Exhibit(s) Cert. of Good Standing) Motions referred to Therese Wiley Dancks. (Peng, John) (Entered: 12/14/2023) |
| 2023-12-14 | 7 | MOTION for Limited Admission Pro Hac Vice of Nicolas Sansone Filing fee $100, receipt number ANYNDC-6546638. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: # 1 Exhibit(s) Pet. for Admission to Practice, # 2 Declaration of Sponsor, # 3 Exhibit(s) Attorney E-Filing Registration Form, # 4 Exhibit(s) Cert. of Good Standing) Motions referred to Therese Wiley Dancks. (Peng, John) (Entered: 12/14/2023) |
| 2023-12-14 | 8 | TEXT ORDER granting 6 Motion for Limited Admission Pro Hac Vice of Michael Kirkpatrick. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/14/2023. (sg) (Entered: 12/14/2023) |
| 2023-12-14 | 9 | TEXT ORDER granting 7 Motion for Limited Admission Pro Hac Vice of Nicolas Sansone. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/14/2023. (sg ) (Entered: 12/14/2023) |
| 2023-12-14 | 10 | NOTICE OF APPEARANCE by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 12/14/2023) |
| 2023-12-20 | 11 | NOTICE OF APPEARANCE by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 12/20/2023) |
| 2023-12-28 | 12 | AFFIDAVIT of Service for Summons and Complaint and related documents served on U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, U.S. Attorney General, U.S. Attorney for N.D.N.Y. on 12/18/2023, filed by David Burnham, Susan B. Long, TRAC Reports, Inc.. (Kirkpatrick, Michael) (Entered: 12/28/2023) |
| 2024-01-02 | | ***Answer due date updated for U.S. Customs and Border Protection answer due 2/16/2024; U.S. Immigration and Customs Enforcement answer due 2/16/2024. (see) (Entered: 01/02/2024) |
| 2024-01-02 | 13 | Letter Motion from Plaintiffs Susan B. Long, David Burnham, and TRAC Reports, Inc. for David Burnham, Susan B. Long, TRAC Reports, Inc. requesting Correction to Answer Due Date submitted to Judge David N. Hurd . (Sansone, Nicolas) (Entered: 01/02/2024) |
| 2024-01-03 | 14 | ORDER GRANTING CORRECTION OF ANSWER DEADLINE. Pursuant to the Order of the Hon. David N. Hurd, USDJ, Granting 13 Letter Motion from Plaintiffs requesting a correction to the Answer Due Date, the Defendants shall NOW answer or otherwise move on before January 17, 2024, pursuant to 5 U.S.C. § 552(a)(4)(C). Signed by Judge David N. Hurd on 1/3/2024. (ptm) (Entered: 01/03/2024) |
| 2024-01-11 | 15 | NOTICE OF APPEARANCE by David M. Katz on behalf of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (Katz, David) (Entered: 01/11/2024) |
| 2024-01-11 | 16 | Letter Motion from AUSA David Katz for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement requesting an Extension of the Response Deadline submitted to Judge Therese Wiley Dancks . (Katz, David) (Entered: 01/11/2024) |
| 2024-01-12 | 17 | TEXT ORDER: Court reviewed defendants' letter request (Dkt. No. 16 ) for an extension of time to respond to the complaint and to reschedule the Rule 16 conference and related deadlines. Letter request granted for the reasons stated. Defendants' response to the complaint due 2/27/2024. The Rule 16 conference and related deadlines are adjourned and will be rescheduled in a separate Text Notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/12/2024. (sg) (Entered: 01/12/2024) |
| 2024-01-12 | | TEXT NOTICE- RESCHEDULING OF R. 16 CONFERENCE: The Telephone Initial Conference HAS BEEN RESCHEDULED for 3/26/2024 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 3/19/2024 and Mandatory Disclosures are to be exchanged by the parties on or before 3/19/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg) (Entered: 01/12/2024) |
| 2024-02-27 | 18 | ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.(Katz, David) (Entered: 02/27/2024) |
| 2024-03-04 | 19 | Letter Motion from AUSA David Katz for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement requesting to adjourn conference and be exempted from the CCMP/Rule 26 requirements submitted to Judge Dancks . (Katz, David) (Entered: 03/04/2024) |
| 2024-03-06 | 20 | TEXT ORDER : Court reviewed the parties' joint letter request (Dkt. No. 19 ) to adjourn the Rule 16 conference and exempt the parties from serving Rule 26 disclosures which is granted. The Rule 16 conference and related deadlines are adjourned. The parties are to meet and confer regarding the scope of plaintiff's FOIA requests. The parties shall file a joint status report regarding their progress by 3/29/2024. Court will make further directive based upon the parties' progress. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 3/6/2024. (sg) (Entered: 03/06/2024) |
| 2024-03-29 | 21 | STATUS REPORT (Joint) /Letter Request by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) Modified on 3/29/2024 (sg, ). (Entered: 03/29/2024) |
| 2024-04-03 | 22 | TEXT ORDER : Court reviewed status report/letter request (Dkt. No. 21 ) regarding the parties' progress concerning the scope of plaintiff's FOIA requests. Based upon the parties' representation that progress is being made, the parties are directed to file a further joint status report regarding their continued progress by 4/29/2024. Court will then make further directives based upon the parties' progress. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/3/2024. (sg) (Entered: 04/03/2024) |
| 2024-04-26 | 23 | STATUS REPORT Joint by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) Modified on 4/29/2024 (hth, ). (Entered: 04/26/2024) |
| 2024-04-29 | 24 | TEXT ORDER: Court reviewed status report/letter request [Dkt. No. 23] regarding the parties' progress concerning the scope of plaintiff's FOIA requests. Based upon the parties' representation that further progress is being made, the parties are directed to file a further joint status report regarding their progress toward a resolution by 5/13/2024. If the parties have not reached a resolution by that date, the Court will schedule an in-person conference to discuss possible settlement and set certain discovery and dispositive motion deadlines if the case is not resolved. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 4/29/2024. (hth) (Entered: 04/29/2024) |
| 2024-05-13 | 25 | STATUS REPORT Joint /Letter Request by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) Modified on 5/13/2024 (sg, ). (Entered: 05/13/2024) |
| 2024-05-14 | 26 | TEXT ORDER : Court reviewed status report (Dkt. No. 25 ) regarding settlement proposals. Defendants have had ample time for the "stakeholders" to review the written proposal and respond to it. Nevertheless, the Court will provide further time. The parties are directed to file a further joint status report on a proposed resolution by 6/10/2024. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 5/14/2024. (sg) (Entered: 05/14/2024) |
| 2024-05-14 | | TEXT NOTICE of IN PERSON Discovery Conference: An IN PERSON Discovery Conference has been set for 6/17/2024 at 10:00 AM, at the U.S. Courthouse & Federal Building, 100 S. Clinton Street in Syracuse before Magistrate Judge Therese Wiley Dancks. Counsel should report to the Third Floor Chambers of Magistrate Judge Dancks. (sg) (Entered: 05/14/2024) |
| 2024-06-10 | 27 | STATUS REPORT by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) (Entered: 06/10/2024) |
| 2024-06-11 | 28 | TEXT ORDER: Court reviewed status report (Dkt. No. 27 ) and directs the parties to continue to confer in good faith regarding a proposed resolution. The parties should be prepared to discuss their progress and setting certain discovery deadlines at the in person conference scheduled for 6/17/2024 per text Notice of 5/14/2024. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/11/2024. (sg) (Entered: 06/11/2024) |
| 2024-06-14 | 29 | LETTER BRIEF Regarding Discovery by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) (Entered: 06/14/2024) |
| 2024-06-17 | | TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: In Person Discovery Conference held on 6/17/2024 at Syracuse, NY. Appearances: Nicolas Sansone, Esq. for Plaintiffs; AUSA David Katz, AUSA Emer Stack, Esq. for Defendants. Settlement and discovery issues discussed, deadlines set. A text order will be issued in due course. (sg) (Entered: 06/17/2024) |
| 2024-06-17 | 30 | TEXT ORDER re: the 6/17/2024 In Person Discovery Conference: The parties are directed to proceed as follows: Plaintiffs shall forward a letter to defendants by 6/21/2024 which sets forth the proposal to prioritize the data to be produced per any proposed settlement as discussed at the conference. Defendants to respond to the proposal in writing to plaintiffs by 7/22/2024. Thereafter, the parties are to meet and confer with counsel and the relevant agency individuals to determine whether the parties can agree upon the terms of any prioritized "rolling production." Defendants to file a status report by 8/12/2024 regarding the status of the prioritized production and any further settlement negotiations. Upon review of the status report, the Court will schedule a follow up video conference with the parties and any other necessary individuals the Court directs to be present at that video conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 6/17/2024. (sg) (Entered: 06/17/2024) |
| 2024-07-10 | 31 | NOTICE by David Burnham, Susan B. Long, TRAC Reports, Inc. (Proposed Consent Order Requesting Substitution of Counsel) (Peng, John) (Entered: 07/10/2024) |
| 2024-07-11 | 32 | TEXT ORDER: Court reviewed request to substitute attorney (Dkt. No. 31 ) which is submitted on behalf of all plaintiffs. However, a representative of plaintiff TRAC has not signed the request to show their consent. Therefore, the request is denied without prejudice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 7/11/2024. (sg) (Entered: 07/11/2024) |
| 2024-07-12 | 33 | NOTICE by David Burnham, Susan B. Long, TRAC Reports, Inc. (Revised Proposed Consent Order Requesting Substitution of Counsel) (Peng, John) (Entered: 07/12/2024) |
| 2024-07-15 | 34 | CONSENT ORDER Granting Substitution of Attorney as to Susan Long, David Burnham, and TRAC Reports Inc. Signed by Magistrate Judge Therese Wiley Dancks on 7/15/2024. (sg) (Entered: 07/15/2024) |
| 2024-08-05 | 35 | STATUS REPORT/Letter Request Jointly Submitted with Plaintiffs Pursuant to Dkt. # 30 by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) Modified on 8/6/2024 (sg, ). (Entered: 08/05/2024) |
| 2024-08-06 | 36 | TEXT ORDER as to 35 Status Report/Letter Request : it is SO ORDERED as follows: Defendants' Motion to be filed by 10/1/2024 and memo of law shall not exceed 40 pages; Plaintiffs' opposition/cross motion (if filed) due 11/8/2024 and memo of law shall not exceed 40 pages; Defendants' reply/opposition papers (if cross motion is filed) due 12/3/2024 and memo of law shall not exceed 20 pages; and Plaintiffs' reply papers (if cross motion filed) due 12/30/2024 and memo of law shall not exceed 20 pages. Given the positions of the parties as set forth in Dkt. No. 35 , a further status conference with the Court is unnecessary. Signed by Magistrate Judge Therese Wiley Dancks on 8/6/2024. (sg) (Entered: 08/06/2024) |
| 2024-09-10 | 37 | Joint Letter Motion from AUSA David Katz for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement requesting to Waive the Requirement for a Statement of Material Facts submitted to Judge Therese WileyDancks . (Katz, David) (Entered: 09/10/2024) |
| 2024-09-11 | 38 | Endorsement ORDER granting 37 Joint Letter Motion requesting to Waive the Requirement for a Statement of Material Facts. Signed by Judge David N. Hurd on 9/11/2024. (see) (Entered: 09/11/2024) |
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