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Case TitleLong et al v. U.S. Immigration and Customs Enforcement et al
DistrictNorthern District of New York
CitySyracuse Syracuse
Case Number5:2023cv01564
Date Filed2023-12-12
Date ClosedOpen
JudgeJudge David N. Hurd
PlaintiffSusan B. Long
PlaintiffDavid Burnham
PlaintiffTRAC Reports, Inc.
Case DescriptionSusan Long, David Burnham and TRAC submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning field and table information stored in the EID and IIDS databases. The agency acknowledged receipt of the request. Long, Burnham and TRAC also submitted a FOIA request to U.S. Customs and Border Protection for records concerning person-to-person data on each individual encountered by CBP. Both requests asked for a fee waiver. The agency acknowledged receipt of the request to CBP. After hearing nothing further from the agency, Long, Burnham, and TRAC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-121COMPLAINT 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)
2023-12-122FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by TRAC Reports, Inc. (see) (Entered: 12/13/2023)
2023-12-13CLERK'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)
2023-12-133Summonses 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)
2023-12-134G.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)
2023-12-135NOTICE 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)
2023-12-146MOTION 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)
2023-12-147MOTION 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)
2023-12-148TEXT 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)
2023-12-149TEXT 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)
2023-12-1410NOTICE OF APPEARANCE by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 12/14/2023)
2023-12-2011NOTICE OF APPEARANCE by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 12/20/2023)
2023-12-2812AFFIDAVIT 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)
2024-01-0213Letter 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)
2024-01-0314ORDER 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)
2024-01-1115NOTICE 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)
2024-01-1116Letter 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)
2024-01-1217TEXT 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)
2024-01-12TEXT 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)
2024-02-2718ANSWER to 1 Complaint, by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement.(Katz, David) (Entered: 02/27/2024)
2024-03-0419Letter 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)
2024-03-0620TEXT 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)
2024-03-2921STATUS 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)
2024-04-0322TEXT 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)
2024-04-2623STATUS 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)
2024-04-2924TEXT 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)
2024-05-1325STATUS 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)
2024-05-1426TEXT 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)
2024-05-14TEXT 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)
2024-06-1027STATUS REPORT by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) (Entered: 06/10/2024)
2024-06-1128TEXT 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)
2024-06-1429LETTER BRIEF Regarding Discovery by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) (Entered: 06/14/2024)
2024-06-17TEXT 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)
2024-06-1730TEXT 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)
2024-07-1031NOTICE by David Burnham, Susan B. Long, TRAC Reports, Inc. (Proposed Consent Order Requesting Substitution of Counsel) (Peng, John) (Entered: 07/10/2024)
2024-07-1132TEXT 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)
2024-07-1233NOTICE by David Burnham, Susan B. Long, TRAC Reports, Inc. (Revised Proposed Consent Order Requesting Substitution of Counsel) (Peng, John) (Entered: 07/12/2024)
2024-07-1534CONSENT 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)
2024-08-0535STATUS 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)
2024-08-0636TEXT 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)
2024-09-1037Joint 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)
2024-09-1138Endorsement 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)
2024-10-0139MOTION for Summary Judgment filed by U.S. Customs and Border Protection. Motion returnable before Judge Hurd. Response to Motion due by 11/8/2024. Reply to Response to Motion due by 12/3/2024 (Attachments: # 1 Memorandum of Law, # 2 Declaration of AUSA David M. Katz, # 3 Exhibit(s) A to Katz Decl., # 4 Exhibit(s) B to Katz Decl., # 5 Exhibit(s) C to Katz Decl., # 6 Declaration of Patrick Howard) (Katz, David) Modified on 10/2/2024 to edit docket text to reflect the proper response/reply deadlines pursuant to DKT # 36 Text Order. (ztc). (Entered: 10/01/2024)
2024-10-0140MOTION for Summary Judgment filed by U.S. Immigration and Customs Enforcement. Motion returnable before Judge David N. Hurd. Response to Motion due by 11/8/2024. Reply to Response to Motion due by 12/3/2024. (Attachments: # 1 Memorandum of Law, # 2 Declaration Fontaine, # 3 Declaration Gibney, # 4 Declaration Katz, # 5 Exhibit(s) A- FOIA to ICE, # 6 Exhibit(s) B- FOIA to CBP, # 7 Exhibit(s) C- Letter Aug 1, # 8 Declaration Lynch) (Katz, David) Modified on 10/2/2024 to edit docket text to reflect the proper response/reply deadlines pursuant to DKT # 36 Text Order. (ztc, ). (Entered: 10/01/2024)
2024-10-02CLERK'S CORRECTION OF DOCKET ENTRY re 39 Motion for Summary Judgment, 40 Motion for Summary Judgment: Clerk modified the docket text to reflect the proper response/reply deadlines pursuant to DKT # 36 Text Order. (ztc) (Entered: 10/02/2024)
2024-10-0741SUGGESTION OF DEATH Upon the Record as to David Burnham by David Burnham, Susan B. Long, TRAC Reports, Inc.. (Sansone, Nicolas) (Entered: 10/07/2024)
2024-10-0842TEXT ORDER: Court reviewed plaintiffs' Rule 25 suggestion of death (Dkt. No. 41 ). Plaintiff Burnham's claims in this action will be dismissed if a motion to substitute a proper party for Burnham is not filed within 90 days from the date of the notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/8/2024. (sg) (Entered: 10/08/2024)
2024-10-0943Opposed Letter Motion from Susan B. Long et al. for Susan B. Long, TRAC Reports, Inc. requesting Suspension of the Summary Judgment Briefing Schedule submitted to Judge David N. Hurd . (Sansone, Nicolas) (Entered: 10/09/2024)
2024-10-1044RESPONSE in Opposition re 43 Letter Request/Motion to Suspend the Briefing Schedule filed by U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement. (Katz, David) (Entered: 10/10/2024)
2024-10-10TEXT NOTICE of Telephone Conference: A Telephone Conference to discuss issue raised at Dkt. 43 and 44 has been set for 10/16/2024 at 11:00 AM before Magistrate Judge Therese Wiley Dancks. Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code 878 327 790 to connect to the conference. (sg) (Entered: 10/10/2024)
2024-10-16TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Discovery Conference held on 10/16/2024. Appearances: Nicolas Sansone, Esq. and Michael Kirkpatrick, Esq. for Plaintiff; David Katz, Esq. for Defendants. After hearing from counsel re: issue of plaintiff's request to file a motion to compel and suspend the summary judgment motion briefing schedule, Court issues decision and sets deadlines. A separate text order will follow. (sg) (Entered: 10/17/2024)
2024-10-1745TEXT ORDER : After hearing from counsel during the 10/16/2024 Telephone Discovery Conference and considering the Plaintiff's Letter Motion filed at Dkt. 43 and Defendants' response in opposition at Dkt. 44 , the Court denies Plaintiff's request to file a motion to compel, as no discovery demands have been served by Plaintiff; and the Court further denies Plaintiff's request to suspend the summary judgment motion briefing schedule. The briefing schedule remains as currently set. Plaintiff is directed to serve discovery demands on Defendants by 10/31/2024. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/17/2024.(sg) (Entered: 10/17/2024)
2024-11-0846Cross MOTION for Summary Judgment and Opposition to Defendant Customs and Border Protection's Motion for Summary Judgment filed by Susan B. Long, TRAC Reports, Inc.. Motion returnable before Judge Hurd. Response to Motion due by 12/2/2024. Reply to Response to Motion due by 12/6/2024 (Attachments: # 1 Memorandum of Law, # 2 Declaration Declaration of Nicolas A. Sansone, # 3 Exhibit(s) Exhibit A - FOIA Receipt, # 4 Exhibit(s) Exhibit B - Requests for Production, # 5 Exhibit(s) Exhibit C - Interrogatories, # 6 Exhibit(s) Exhibit D - Requests for Admission, # 7 Declaration Declaration of Susan B. Long, # 8 Exhibit(s) Exhibit E - OGIS Email, # 9 Exhibit(s) Exhibit F - 2011 CBP Letter, # 10 Exhibit(s) Exhibit G - 2013 CBP Letter, # 11 Exhibit(s) Exhibit H - 2013 Data Release, # 12 Exhibit(s) Exhibit I - 2017 Data Release) (Sansone, Nicolas) (Entered: 11/08/2024)
2024-11-0847Cross MOTION for Partial Summary Judgment and Opposition to Defendant U.S. Immigration and Customs Enforcement's Motion for Summary Judgment filed by Susan B. Long, TRAC Reports, Inc.. Motion returnable before Judge Hurd Response to Motion due by 12/2/2024. Reply to Response to Motion due by 12/6/2024 (Attachments: # 1 Memorandum of Law, # 2 Declaration Declaration of Nicolas A. Sansone, # 3 Exhibit(s) Exhibit A - FOIA Receipt, # 4 Exhibit(s) Exhibit B - 2017 Transcript DDC, # 5 Exhibit(s) Exhibit C - 2019 Transcript NDNY, # 6 Exhibit(s) Exhibit D - 2018 Transcript DDC, # 7 Exhibit(s) Exhibit E - Wilson Declaration, # 8 Exhibit(s) Exhibit F - Jones Declaration, # 9 Exhibit(s) Exhibit G - Wilson Supplemental Declaration, # 10 Exhibit(s) Exhibit H - Requests for Production, # 11 Exhibit(s) Exhibit I - Interrogatories, # 12 Exhibit(s) Exhibit J - Requests for Admission, # 13 Declaration Declaration of Susan B. Long, # 14 Exhibit(s) Exhibit K - Data Dictionary Extract, # 15 Exhibit(s) Exhibit L - Sample Code Table, # 16 Exhibit(s) Exhibit M - CSE Table Summary, # 17 Exhibit(s) Exhibit N - 2010 FOIA Request, # 18 Exhibit(s) Exhibit O - 2010 FOIA Response, # 19 Exhibit(s) Exhibit P - Stipulated Settlement Fields, # 20 Exhibit(s) Exhibit Q - May 2024 Letter, # 21 Exhibit(s) Exhibit R - May 2024 Released Fields, # 22 Exhibit(s) Exhibit S - April 2024 Letter, # 23 Exhibit(s) Exhibit T - April 2024 Released Fields) (Sansone, Nicolas) (Entered: 11/08/2024)
2024-11-12Set/Reset Deadlines in accordance with the 36 Text Order as to 39 MOTION for Summary Judgment filed by U.S. Customs and Border Protection and 40 MOTION for Summary Judgment filed by U.S. Immigration and Customs Enforcement. Motion returnable before Judge David N. Hurd. Reply to Response to Motion due by 12/3/2024. (see) (Entered: 11/12/2024)
2024-11-12Reset Deadlines pursuant to the 36 Text Order as to 46 Cross MOTION for Summary Judgment and Opposition to Defendant Customs and Border Protection's Motion for Summary Judgment filed by Susan B. Long, TRAC Reports, Inc.. Motion returnable before Judge Hurd., 47 Cross MOTION for Partial Summary Judgment and Opposition to Defendant U.S. Immigration and Customs Enforcement's Motion for Summary Judgment filed by Susan B. Long, TRAC Reports, Inc.. Motion returnable before Judge Hurd. Response to Motion due by 12/3/2024. Reply to Response to Motion due by 12/30/2024. (see, ) (Entered: 11/12/2024)
2024-11-2048Letter Motion from David M. Katz for U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection requesting Extension of Reply Deadlines submitted to Judge Dancks . (Katz, David) (Entered: 11/20/2024)
2024-11-2749Endorsement ORDER granting 48 Letter Request for extension of time for defendants to file their reply papers to their motions and response to cross motion by 12/13/2024. Plaintiffs' deadline to file reply papers in further support of Plaintiffs' motions due by 1/16/2025. Signed by Judge David N. Hurd on 11/27/2024. (see) (Entered: 11/27/2024)
2024-11-27Reset Deadlines as to 46 Cross MOTION for Summary Judgment and 47 Cross MOTION for Partial Summary Judgment. Reply to Response to Motion due by 1/16/2025 (see) (Entered: 11/27/2024)
2024-12-1350REPLY to Response to Motion re 39 Motion for Summary Judgment,, and Response in Opposition to 46 Cross Motion for Summary Judgement filed by U.S. Customs and Border Protection. (Attachments: # 1 Declaration of AUSA David M. Katz, # 2 Exhibit(s) A to Katz Decl., # 3 Exhibit(s) B to Katz Decl., # 4 Exhibit(s) C to Katz Decl., # 5 Exhibit(s) D to Katz Decl., # 6 Declaration of Michael E. Metzger)(Katz, David) (Entered: 12/13/2024)
2024-12-1351REPLY to Response to Motion re 40 Motion for Summary Judgment,, and Response in Opposition to 47 Cross Motion for Partial Summary Judgement filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Timothy Gibney, # 2 Declaration of AUSA David M. Katz, # 3 Exhibit(s) A to Katz Decl.)(Katz, David) (Entered: 12/13/2024)
2024-12-1952Letter Motion from Nicolas Sansone et al. for Susan B. Long, TRAC Reports, Inc. requesting Pre-Motion Conference submitted to Judge Magistrate Judge Dancks . (Sansone, Nicolas) (Entered: 12/19/2024)
2024-12-1953TEXT ORDER granting 52 Letter Request for Pre-Motion Conference with the Court. Telephone Pre-Motion Filing Conference set for 1/3/2025 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Each party is directed to submit a letter brief, no longer than 3pp., single-spaced, 12pt. font, by 12/30/2024 addressing the threshold question of whether Plaintiffs are entitled to discovery in this FOIA matter. **Counsel are directed to call the following number for this conference: 315-691-0477, and enter ID code : 345 475 526 to connect to the conference. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/19/2024. (sg) (Entered: 12/19/2024)
2024-12-3054LETTER BRIEF by U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection. (Attachments: # 1 Exhibit(s) A - ICE Response to Requests, # 2 Exhibit(s) B - CBP Response to Requests)(Katz, David) (Entered: 12/30/2024)
2024-12-3055LETTER BRIEF by Susan B. Long, TRAC Reports, Inc.. (Sansone, Nicolas) (Entered: 12/30/2024)
2025-01-03TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Telephone Pre-Motion Conference held on 1/3/2025. Appearances: Michael Kirkpatrick, Esq. and Nicolas Sansone, Esq. for Plaintiff; David Katz, Esq. for Defendants. Court hears from counsel re: Plaintiff's request to file a motion to compel. After discussion with the Court, Plaintiff's counsel advise there will be no substitution for Plaintiff Burnham. Court inquires whether parties have discussed settlement and encourages them to continue to try and resolve the case. Court issues rulings, a separate text order will follow. (sg) (Entered: 01/03/2025)
2025-01-0356TEXT ORDER: Court held pre-motion conference regarding discovery issue and reviewed the letter briefs (Dkt. Nos. 54 , 55 ) submitted at the Court's direction (see Dkt. No. 53 ). Plaintiffs' request to file a motion to compel is denied without prejudice to renew the request after a decision is issued on the pending summary judgment motions, if appropriate. The parties are directed to confer in good faith regarding settlement. Court is available for settlement conference which the parties may request at any time. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/3/2025. (sg) (Entered: 01/03/2025)
2025-01-1657REPLY to Response to Motion re 46 Motion for Summary Judgment,,, filed by Susan B. Long, TRAC Reports, Inc.. (Sansone, Nicolas) (Entered: 01/16/2025)
2025-01-1658REPLY to Response to Motion re 47 Motion for Partial Summary Judgment,,,,,, filed by Susan B. Long, TRAC Reports, Inc.. (Sansone, Nicolas) (Entered: 01/16/2025)
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