Case Detail

FOIA Project Annotation: TRAC's suit in the Northern District of New York challenged the same set of circumstances present in the District of Columbia litigation. Again, ICE refused to provide data in response to requests by TRAC that the agency had provided in the past, arguing that to respond to TRAC's queries would require the agency to create records. Finding that neither party was entitled to summary judgment, Sannes pointed out that "in this case, as Plaintiffs argue, ICE has misconstrued certain requests, and Plaintiffs have provided tangible evidence regarding ICE's response to other FOIA requests and inconsistencies within ICE's declarations, all of which amount to more than 'purely speculative claims about the existence and discoverability of additional responsive records.' The Court therefore finds that Plaintiffs have made met their burden of showing that summary judgment based upon the [agency's] declarations is not appropriate. Accordingly, ICE's motion for summary judgment is denied, both with regard to the data fields it previously provided in response to Plaintiffs' FOIA requests, as well as the remaining fields to which it has never provided responsive data."
Issues: Litigation - Jurisdiction - Failure to State a Claim

FOIA Project Annotation: A federal court in New York has questioned whether U.S. Immigration and Customs Enforcement conducted an adequate search for data in response to requests from the Transactional Records Access Clearinghouse for anonymized records concerning detainees and the disposition of their cases. Although ICE had disclosed such data in the past, starting in 2017 the agency began to claim that its databases did not include all the data points TRAC requested and instead insisted that to provide the data requested would require the agency to write new software programs to retrieve such data outside the normal functions of the database, thus requiring it to create a record. Further, ICE contended that to comply with TRAC's requests would be unduly burdensome. However, Judge Brenda K. Sannes concluded that even if she accepted ICE's claim that it would need to write and run a new software program to retrieve the data, the agency had not shown that data elements that were part of TRAC's requests could not be retrieved from a separate database. One of the FOIA requests in dispute asked for 150 total data points, while the second asked for 131 total data points. In response to the requests, ICE produced 74 data points in response to the first request and 45 data points in response to the second request. In moving for summary judgment, ICE stated that it did not produce certain data requested (1) "because the request in effect asked a question or constituted an implied question," (2) the data points were not reasonably described or did not exist in the form requested without additional analyses or calculations, and (3) the data points simply did "not exist in the database as written." Sannes rejected ICE's motion for summary judgment but allowed the agency to supplement its affidavits and submit a renewed motion. ICE's renewed motion for summary judgment indicated that additional data either did not exist, that responding to TRAC's requests would require creation of records, and that providing more data would be unduly burdensome. TRAC asked for an evidentiary hearing, which Sannes granted. The evidentiary hearing was held on August 15, 2019. Curtis Hemphill, a detention and deportation officer in ICE's Enforcement and Removal Operations Statistical Tracking Unit, testified for the agency, as did Patricia de Castro, who had responded to TRAC's original requests and worked at an operations research analyst in ICE's Enforcement and Removal Operations. Susan Long, the co-director of TRAC, testified for TRAC, but Sannes rejected TRAC's request to allow Dr. Paul Clark's expert testimony, although Sannes indicated she would take Clark's declaration into consideration. ICE explained that it had two relevant databases �" the Enforcement Integrated Database (EID) and the ICE Integrated Decision Support System (IIDS). The EID database was an up-to-date repository of data about individuals encountered during law enforcement investigations and operations, while the IIDS database was described as "snapshot" of "a subset of data" from EID and was the "primary source of reporting and responding to FOIA requests for the [ICE analytical unit]." On a weekly basis, ICE runs a series of predefined queries in IIDS to generate specific "populations" of data corresponding to particular types of law enforcement actions. These populations, rather than the IIDS database as a whole are used to respond to FOIA requests, including TRAC's requests. ICE also indicated that "there is no single identifier for a particular individual that allows ICE to readily link data corresponding to that individual that exists in different populations." As a practical matter, that meant "there is no way to readily link data in separate populations to the same individual without conducting additional analysis to reconcile the differing identities, thus 'creating new data connections that did not exist previously.'" De Castro explained that while from 2011 to 2016, ICE had exercised its discretion to respond to requests requiring data manipulation, by 2017, responding to the growing number of such requests had become too burdensome. TRAC argued that FOIA required ICE to search its databases, not subsets of data, for responsive records. Sannes agreed, noting that "it is undisputed that additional data responsive to Plaintiffs' request exists in the IIDS outside of the detainers population, including other populations, and prior to July 2016, ICE regularly produced this data to Plaintiffs. Notwithstanding that it willingly produced this data prior to July 2016, ICE maintains that it is not required under FOIA to continue to produce this data because the analysis would constitute records creation, ICE has not explained whether, as an alternative to searching for data within specific pre-generated populations and then conducting analysis to link that data to data in other populations, it is possible to simply query the IIDS as a whole for responsive data at the outset." She pointed out that "ICE has failed to explain how its search of the detainers population constituted a search of all files likely to contain responsive materials." Sannes indicated that ICE failed to address the issue of "whether there may be responsive data within the EID that is not in the IIDS." Turning to the records creation issue, Sannes first noted that the EFOIA Amendments required courts to defer to agency determinations of the technical feasibility of providing requested electronic records. She pointed out that ICE's affidavit "does suggest that, given the lack of common identifiers for individuals across populations, the query necessary to respond to Plaintiffs' requests may need to go beyond these routine functions and conduct some type of substantive calculation or analysis to match identifiers in different populations that correspond to the same individual, thus merging data from these disparate populations to create a comprehensive alien record that did not previously exist." She observed that, deferring to the agency, "it does appear that linking person-centric data from different populations requires additional analytical steps of some kind, and thus that the query ICE would need to conduct to create these links may cross the 'all-important line' between searching a database and creating a record." Sannes indicated that the agency's current affidavits were insufficient to allow her to determine whether the TRAC's requests required ICE to create a record. She noted that "the fact that ICE routinely provided the 'linked' data Plaintiffs seek prior to July 2016, as well as unexplained inconsistencies in ICE's declarations regarding the time and resources required to fulfill Plaintiff's requests raise additional questions about whether ICE was legally justified in concluding that its former process for responding to Plaintiffs' FOIA requests �" which it followed as a matter of course for years prior to July 2016, apparently without ever objecting to Plaintiffs' requests on the grounds they required unnecessary 'record creation' �" actually had never been required of ICE in the first place. These questions are difficult to answer based solely on the high-level and conclusory explanations ICE has provided thus far, and without more concrete, particularized facts about what the 'queries' necessary to link data from different populations actually do."
Issues: Adequacy - Search

FOIA Project Annotation: A federal court in New York has ruled that U.S. Immigration and Customs Enforcement has now shown that data requested by the Transactional Access Records Clearinghouse is either not retrievable using the identifiers requested by TRAC or would require the agency to create a record. TRAC made two FOIA requests for Form I-247, anonymous person-by-person data relating to individuals subject to ICE detainers and notices, including their demographic characteristics, immigration history, and criminal background. Although TRAC had been submitting requests for Form I-247 since 2011, TRAC alleged that since January 2017 ICE had refused to provide much of the information included in previous responses. In response to TRAC's two requests, ICE provided some responsive data but did not produce information on what happened following each detainer, including whether the subject of the detainer was taken into ICE custody, whether the individual had ever been charged with or convicted of a crime, what any such offenses were, and whether the individual was deported. TRAC then filed suit, arguing that ICE had failed to conduct an adequate search. In her previous decision in the case, Judge Brenda Sannes found that ICE had not sufficiently explained why it could not search its Enforcement Integrated Database and its Integrated Decision Support System as a whole from the outset rather than search for data from pre-generated populations. This time ICE submitted a supplemental affidavit from Patricia de Castro, an operations research analyst within Enforcement and Removal Operations, explaining that the database "can only be used to query the EID one individual at a time," that it was primarily used by ICE officers in the field," and that it required the 'manual entry of an identifier" â€" a process that would not be feasible for the request sought here. Further, de Castro's affidavit indicated that there were no responsive records in the EID database and that the agency had searched the entire IIDS database and disclosed all responsive records short of creating a record. Sannes then agreed with ICE that providing the data elements requested by TRAC would require ICE to create a record. She noted that "the Court finds that the process of linking disparate data populations in the IIDS to produce the information Plaintiffs request constitutes the 'creation of a new record' within the meaning of FOIA. The parties agree that 'sorting a pre-existing database of information to make information intelligible data does not involve the creation of a new record,' even where such a search 'requires the application of codes or some form of programming to retrieve the information.' Here, however, given the lack of common identifiers for individuals across enforcement events, the steps ICE must take to provide all of the information requested by Plaintiffs go beyond mere sorting, compiling, or extracting records that exist in the IIDS."
Issues: Search - Reasonableness of search

Date Filed	Doc #	Docket Text
2017-05-09	1	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF: against United States Immigration and Customs Enforcement (Filing fee $400 receipt number 0206-4008331)filed by Susan B. Long, David Burnham. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Civil Cover Sheet)(khr) (Entered: 05/10/2017)
2017-05-10	2	Summons Issued as to United States Immigration and Customs Enforcement. (Attachments: # 1 as to US Attorney, # 2 as to Attorney General)(khr) (Entered: 05/10/2017)
2017-05-10	3	G.O. 25 FILING ORDER ISSUED: All conferences are conducted by telephone. Plaintiffs attorney will initiate the call (unless the Court directs differently) and shall contact Judge Dancks Chambers at 315-234-8618(a dedicated line solely for telephone conferences) once all parties are on the line. Counsel may use a teleconferencing service for assistance initiating conference calls to the Court. For cases involving pro se parties, the Court will initiate the call for the Rule 16 Conference. Pro se parties are instructed to provide the Court with a telephone number where they may be reached for a conference call. Initial Conference set for 8/9/2017 10:00 AM in Syracuse 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 8/2/2017. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 05/10/2017)
2017-05-12	4	AFFIDAVIT of Service for Summons, Complaint, Filing Order served on U.S. Immigration and Customs Enforcement; Civil Process Clerk, U.S. Attorney for the Northern District of New York; U.S. Attorney General Jeff Sessions on 5/11/2017, filed by David Burnham, Susan B. Long. (Keegan, Terence) (Entered: 05/12/2017)
2017-05-12	5	SUMMONS Returned Executed by Susan B. Long, David Burnham. United States Immigration and Customs Enforcement served on 5/11/2017, answer due 6/1/2017. (Keegan, Terence) (Entered: 05/12/2017)
2017-05-17	6	NOTICE of Appearance by Charles E. Roberts on behalf of United States Immigration and Customs Enforcement (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Main Document 6 replaced on 5/17/2017) (khr, ). (Entered: 05/17/2017)
2017-05-17		CLERK'S CORRECTION OF DOCKET ENTRY re 6 Notice of Appearance. The original Notice of Appearance was not in proper pdf format. Replaced with pdf document. (khr) (Entered: 05/17/2017)
2017-05-24		***Answer due date updated for United States Immigration and Customs Enforcement answer due 7/10/2017. (khr) (Entered: 05/24/2017)
2017-06-07	7	ANSWER to 1 Complaint, by United States Immigration and Customs Enforcement. (Attachments: # 1 Certificate of Service)(Roberts, Charles) (Entered: 06/07/2017)
2017-07-24	8	CIVIL CASE MANAGEMENT PLAN by David Burnham, Susan B. Long. (Keegan, Terence) (Entered: 07/24/2017)
2017-07-24	9	CERTIFICATE OF SERVICE by David Burnham, Susan B. Long re 8 CIVIL CASE MANAGEMENT PLAN (Keegan, Terence) (Entered: 07/24/2017)
2017-08-09		TEXT Minute Entry for proceedings held before Magistrate Judge Therese Wiley Dancks: Initial Pretrial Conference held on 8/9/2017. Appearances: Ramona Houck, Esq. and Terrence Keegan, Esq. for Plainitff; AUSA Charles Roberts for Defendant. In lieu of scheduling order, Court sets joinder of parties and amendment of pleadings deadlines, as well as a motions schedule. A separate order will follow. Plaintiff to file status report by 9/8/2017 as to status of any settlement discussions. (Digitally Recorded) (sg) (Entered: 08/09/2017)
2017-08-09	10	TEXT ORDER: At the 8/9/2017 Telephonic Initial Conference, the Court issued the following deadlines: Amended Pleadings due by 9/29/2017. Joinder of Parties due by 9/29/2017. Defendant to file motion for summary judgment by 10/13/2017. Plaintiffs to file combined cross-motion for summary judgment and opposition to Defendant's motion by 11/13/2017. Defendant to file combined Reply to its motion and opposition to Plaintiffs' cross-motion by 12/13/2017. Plaintiffs' reply in support of their cross-motion due 1/12/2018. Plaintiffs to file Status Report on any settlement discussions by 9/8/2017. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 8/9/2017. (sg) (Entered: 08/09/2017)
2017-09-07	11	STATUS REPORT per 10 TEXT ORDER by David Burnham, Susan B. Long. (Keegan, Terence) (Entered: 09/07/2017)
2017-09-12	12	TEXT ORDER: Court has reviewed status report (Dkt. No. 11 ) and encourages parties to continue settlement negotiations. Court is available for settlement conference at the request of the parties. Deadlines remain as previously set. (Dkt. No. 10 .) SO ORDERED by Magistrate Judge Therese Wiley Dancks on 9/11/2017. (sg) (Entered: 09/12/2017)
2017-10-05	13	Letter Motion from AUSA Charles E. Roberts for United States Immigration and Customs Enforcement requesting extenstion to motion schedule submitted to Judge Theresa Wiley Dancks . (Roberts, Charles) (Entered: 10/05/2017)
2017-10-05	14	TEXT ORDER: Court has reviewed 13 Letter Request for extension of motions deadlines filed by Defendant, which is granted as follows: Defendant to file motion for summary judgment by 11/8/2017. Plaintiffs to file combined cross-motion for summary judgment and opposition to Defendant's motion by 12/8/2017. Defendant to file combined Reply to its motion and opposition to Plaintiffs' cross-motion by 1/8/2018. Plaintiffs reply in support of their cross-motion due 2/8/2018. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 10/5/2017. (sg) (Entered: 10/05/2017)
2017-11-08	15	MOTION for Summary Judgment Motion Hearing set for 2/15/2018 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 1/29/2018 Reply to Response to Motion due by 2/5/2018. filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Marla Jones, # 2 Declaration of Catrina Pavlik-Keenan, # 3 Memorandum of Law, # 4 Statement of Material Facts, # 5 Exhibit(s) 1, # 6 Exhibit(s) 2, # 7 Exhibit(s) 3, # 8 Exhibit(s) 4) (Roberts, Charles) (Entered: 11/08/2017)
2017-11-08	16	CERTIFICATE OF SERVICE by United States Immigration and Customs Enforcement re 15 MOTION for Summary Judgment (Roberts, Charles) (Entered: 11/08/2017)
2017-11-14		TEXT NOTICE of Hearing on Defendant's 15 MOTION for Summary Judgment : Response to Motion due by 11/24/2017; Reply to Response to Motion due by 11/30/2017. Judge Sannes will hear the motion on submission of the papers. Once the motion has been fully briefed, and reviewed, counsel will be notified if oral argument is deemed necessary. (rjb, ) (Entered: 11/14/2017)
2017-11-15		AMENDED TEXT NOTICE resetting deadlines related to the 15 MOTION for Summary Judgment in accordance with Dkt. No. 14: Plaintiffs to file combined cross-motion for summary judgment and opposition to Defendant's motion by 12/8/2017. Defendant to file combined Reply to its motion and opposition to Plaintiffs' cross-motion by 1/8/2018. Plaintiffs reply in support of their cross-motion due 2/8/2018. (rjb, ) Modified on 11/15/2017 (rjb, ). (Entered: 11/15/2017)
2017-11-29	17	Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting extension of time to summary judgment motion schedule submitted to Judge Therese Wiley Dancks . (Keegan, Terence) (Entered: 11/29/2017)
2017-12-01	18	TEXT ORDER granting 17 Letter Request. Plaintiffs to file combined cross-motion for summary judgment and opposition to Defendant's motion by 12/22/2017. Defendant to file combined Reply to its motion and opposition to Plaintiffs' cross-motion by 1/22/2018. Plaintiffs reply in support of their cross-motion due 2/22/2018. SO ORDERED by Judge Brenda K. Sannes on 12/1/17. (rjb, ) (Entered: 12/01/2017)
2017-12-22	19	Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by David Burnham, Susan B. Long. (Attachments: # 1 Declaration Declaration of Susan B. Long, # 2 Exhibit(s) Long Decl. Ex. 1, # 3 Exhibit(s) Long Decl. Ex. 2, # 4 Exhibit(s) Long Decl. Ex. 3, # 5 Exhibit(s) Long Decl. Ex. 4, # 6 Exhibit(s) Long Decl. Ex. 5, # 7 Exhibit(s) Long Decl. Ex. 6, # 8 Exhibit(s) Long Decl. Ex. 7, # 9 Exhibit(s) Long Decl. Ex. 8, # 10 Declaration Declaration of Ward J. Oliver, # 11 Statement of Material Facts Response to Statement of Undisputed Material Facts and Statement of Additional Undisputed Material Facts, # 12 Memorandum of Law Memorandum in Opposition to Defendant's Motion for Summary Judgment and In Support of Plaintiffs' Cross-Motion for Summary Judgment) (Keegan, Terence) (Entered: 12/22/2017)
2017-12-22	20	CERTIFICATE OF SERVICE by David Burnham, Susan B. Long re 19 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment (Keegan, Terence) (Entered: 12/22/2017)
2018-01-23	21	Government's Letter Motion for United States Immigration and Customs Enforcement requesting Extension of Time to File Reply submitted to Judge Hon. Brenda K. Sannes . (Roberts, Charles) (Entered: 01/23/2018)
2018-01-24	22	TEXT ORDER granting 21 Letter Request - Replies due 2/26/2018 and 3/1/2018. SO ORDERED by Judge Brenda K. Sannes on 1/24/18. (rjb, ) (Entered: 01/24/2018)
2018-01-26	23	REPLY to Response to Motion re 19 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Marla Jones)(Roberts, Charles) (Entered: 01/26/2018)
2018-01-26	24	CERTIFICATE OF SERVICE by United States Immigration and Customs Enforcement re 23 Reply to Response to Motion, (Roberts, Charles) (Entered: 01/26/2018)
2018-03-01	25	REPLY to Response to Motion re 19 Cross MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment filed by David Burnham, Susan B. Long. (Attachments: # 1 Declaration Reply Declaration of Susan B. Long, # 2 Exhibit(s) Reply Ex. 1 - Recurring FOIA request to ICE, # 3 Exhibit(s) Reply Ex. 2 - May 2017 FOIA request to ICE, # 4 Exhibit(s) Reply Ex. 3 - Disappearing Fields comparison chart, # 5 Exhibit(s) Reply Ex. 4 - ICE production detail from 12-cv-00355-WWE (D. Conn.))(Keegan, Terence) (Entered: 03/01/2018)
2018-03-01	26	CERTIFICATE OF SERVICE by David Burnham, Susan B. Long re 25 Reply to Response to Motion,, (Keegan, Terence) (Entered: 03/01/2018)
2018-05-01		CLERK'S CORRECTION OF DOCKET ENTRY. Dkt. No. 27 filed by AUSA Roberts removed from the docket as it was filed in error. (rjb, ) (Entered: 05/01/2018)
2018-05-07	27	NOTICE that parties waive any potential conflict and wish to have Judge Sannes continue to preside over this matter. (Attachments: # 1 Letter)(rjb, ) (Entered: 05/07/2018)
2018-05-22	28	NOTICE by David Burnham, Susan B. Long of Withdrawal of Ramona Houck as Counsel (Keegan, Terence) (Entered: 05/22/2018)
2018-08-30		TEXT NOTICE of Hearing on the 15 and 19 Motions for Summary Judgment: Motion Hearing set for 9/11/2018 at 02:30 PM in Syracuse before Judge Brenda K. Sannes. Appearances are required. (rjb, ) (Entered: 08/30/2018)
2018-09-05		TEXT NOTICE OF HEARING CHANGE on the 15 and 19 Motions for Summary Judgment : Motion Hearing rescheduled for 9/18/2018 at 10:30 AM in Syracuse before Judge Brenda K. Sannes. Appearances are required. (rjb, ) (Entered: 09/05/2018)
2018-09-10	29	NOTICE of Appearance by Ransom P. Reynolds, III on behalf of United States Immigration and Customs Enforcement (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 09/10/2018)
2018-09-18		TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Motion Hearing held on 9/18/2018 re: the 15 and 19 motions. Appearances: Terence Keegan, Esq. for Plaintiffs; Ransom Reynolds, AUSA for Defendant. Judge Sannes hears from counsel on the pending summary judgment motions and reserves decision. Exhibits P 1-3 marked and submitted to the Court. A written order will be issued. (Court Reporter Eileen McDonough; 10:39am-11:42am) (rjb, ) Modified on 9/18/2018 (rjb, ). (Entered: 09/18/2018)
2018-09-21	30	TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on 9/18/2018 before Judge Hon. Brenda K. Sannes.. (Keegan, Terence) (Entered: 09/21/2018)
2018-09-25	31	TRANSCRIPT of Proceedings: Motion Hearing held on 9/18/2018 before Judge Brenda K. Sannes, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/16/2018. Redacted Transcript Deadline set for 10/26/2018. Release of Transcript Restriction set for 12/24/2018. Notice of Intent to Redact due by 10/1/2018 (etm, ) (Entered: 09/25/2018)
2018-09-27	32	ORDER denying 15 and 19 Motions for Summary Judgment. Signed by Judge Brenda K. Sannes on 9/27/18. (rjb, ) (Entered: 09/27/2018)
2018-09-27		TEXT NOTICE OF HEARING: Telephone Conference set for 10/23/2018 at 10:30 AM before Judge Brenda K. Sannes. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. (rjb, ) (Entered: 09/27/2018)
2018-09-27		TEXT NOTICE TO COUNSEL: At the telephone conference scheduled for 10/23/2018, the parties should be prepared to discuss whether they need time to attempt to reach a settlement in this case or whether further briefing should be scheduled. (rjb, ) (Entered: 09/27/2018)
2018-10-19		TEXT NOTICE OF HEARING: At the request of Plaintiff's counsel, the telephone conference scheduled for 10/23/2018 is hereby rescheduled. Conference rescheduled for 11/7/2018 at 10:30 AM before Judge Brenda K. Sannes. Plaintiff's attorney is reminded to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. (rjb, ) (Entered: 10/19/2018)
2018-11-07		TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 11/7/2018. Appearances: Terence Keegan, Esq. for Plaintiff; Ransom Reynolds, AUSA for Defendant. Counsel update the Court on the status of the DC cases. Plaintiff in this action wishes to proceed with discovery at this time. Defendant requests to stay this case pending the outcome of the DC actions. Both parties are directed to file a status report by 11/19/2018 regarding any settlement negotiations that have taken place, the status of the DC cases and how related the 2017 DC case is to this action. (Court Reporter Hannah Cavanaugh; 10:30AM-10:45AM) (rjb, ) (Entered: 11/07/2018)
2018-11-19	33	STATUS REPORT by United States Immigration and Customs Enforcement. (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 11/19/2018)
2018-11-19	34	STATUS REPORT and Request for Rule 16 Conference and Discovery Schedule by David Burnham, Susan B. Long. (Attachments: # 1 Certificate of Service)(Keegan, Terence) (Entered: 11/19/2018)
2018-11-20	35	TEXT ORDER: The Court has reviewed the parties' status letters 33 and 34 , and based upon the information provided to date is disinclined to delay the proceedings in this case pending the outcome of the related cases in the District of Columbia. The Court notes that while this case is similar to the 2017 DC case, this case does raise different issues, and the Plaintiffs in the DC cases seek to have the settlement discussions there limited to the issues pending in that district. The Defendant is therefore directed to respond, by December 3, 2018, to Plaintiffs' request that the Court implement a schedule for discovery. A Telephone Conference is set for 12/6/2018 at 10:00 AM before Judge Brenda K. Sannes. Defendant's attorney is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. SO ORDERED by Judge Brenda K. Sannes on 11/20/2018. (rjb, ) (Entered: 11/20/2018)
2018-12-03	36	STATUS REPORT / RESPONSE TO REQUEST FOR RULE 16 CONFERENCE AND DISCOVERY SCHEDULE by United States Immigration and Customs Enforcement. (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 12/03/2018)
2018-12-05	37	STATUS REPORT /Reply in Support of Request for Discovery Schedule by David Burnham, Susan B. Long. (Attachments: # 1 Certificate of Service)(Keegan, Terence) (Entered: 12/05/2018)
2018-12-06	38	TRANSCRIPT REQUEST by United States Immigration and Customs Enforcement for proceedings held on September 18, 2018 before Judge Brenda K. Sannes.. (Reynolds, Ransom) (Entered: 12/06/2018)
2018-12-06		TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 12/6/2018. Appearances: Terence Keegan, Esq. for Plaintiff; Ransom Reynolds, AUSA for Defendant. Judge Sannes hears from counsel on how they wish to proceed with this case. Plaintiff would like to do some limited discovery, Defendant would like to file supplemental declarations. Judge Sannes will allow supplemental declarations to be filed. Plaintiff's counsel will file a letter by 12/21/2018 regarding what they believe should be included in the supplemental declarations. Defendant will file the supplemental declarations by 2/15/2019. (Court Reporter Hannah Cavanaugh; 10:00AM-10:15AM) (rjb, ) (Entered: 12/06/2018)
2018-12-21	39	TEXT ORDER: At the request of Plaintiff's counsel, and with no objections from Defendant's counsel, Plaintiff's deadline to file a letter regarding Defendant's supplemental declarations is extended to 1/4/2019. Defendant's supplemental declarations due by 3/1/2019. SO ORDERED by Judge Brenda K. Sannes on 12/21/20189. (rjb, ) (Entered: 12/21/2018)
2019-01-11	40	TEXT ORDER STAYING CASE AND TOLLING DEADLINES: Due to lack of budget appropriations and pursuant to General Order #48, this case is STAYED until the business day after the President signs into law a budget appropriation that restores Department of Justice funding; and it is further ORDERED that all deadlines, including remaining scheduling order deadlines and seal deadlines in qui tam cases, are tolled for the duration of the Government shutdown and extended thereafter for a period of time equal to the number of days between 12/22/2018 and the date the President signs into law a budget appropriation that restores Department of Justice funding, unless otherwise ordered by the Court. The United States Attorney's Office shall notify the Court within 10 business days after restoration of Department of Justice funding so that the stay may be lifted and relevant deadlines reset. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/11/2019. (sg) (Entered: 01/11/2019)
2019-01-30	41	TEXT ORDER LIFTING STAY: As the Court has been notified by the Department of Justice that appropriations have been restored, the stay of this case is lifted. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/30/2019. (sg) (Entered: 01/30/2019)
2019-02-01	42	TEXT ORDER: In light of the Text Order issued 1/30/2019 (Dkt. No. 41), the deadlines in this case are hereby reset as follows: Plaintiff's deadline to file a letter regarding Defendant's supplemental declarations is due by 2/28/2019. Defendant's supplemental declarations due by 4/29/2019. SO ORDERED by Judge Brenda K. Sannes on 2/1/2019. (rjb, ) (Entered: 02/01/2019)
2019-02-08	43	Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting Conference Concerning ICE Supplemental Declarations submitted to Judge Brenda K. Sannes . (Keegan, Terence) (Entered: 02/08/2019)
2019-02-12	44	RESPONSE TO LETTER BRIEF filed by United States Immigration and Customs Enforcement as to 43 Letter Request/Motion filed by David Burnham, Susan B. Long . (Reynolds, Ransom) (Entered: 02/12/2019)
2019-02-12	45	CERTIFICATE OF SERVICE by United States Immigration and Customs Enforcement re 44 RESPONSE TO LETTER BRIEF (Reynolds, Ransom) (Entered: 02/12/2019)
2019-02-13	46	REPLY to Response to Motion re 43 Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting Conference Concerning ICE Supplemental Declarations submitted to Judge Brenda K. Sannes filed by David Burnham, Susan B. Long. (Keegan, Terence) (Entered: 02/13/2019)
2019-02-13	47	CERTIFICATE OF SERVICE by David Burnham, Susan B. Long re 46 Reply to Response to Motion, (Keegan, Terence) (Entered: 02/13/2019)
2019-02-28	48	Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting ICE Supplemental Declarations submitted to Judge Brenda K. Sannes, U.S.D.J. . (Keegan, Terence) (Entered: 02/28/2019)
2019-02-28	49	CERTIFICATE OF SERVICE by David Burnham, Susan B. Long re 48 Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting ICE Supplemental Declarations submitted to Judge Brenda K. Sannes, U.S.D.J. (Keegan, Terence) (Entered: 02/28/2019)
2019-03-01	50	LETTER BRIEF IN OPPOSITION TO PLAINTIFF'S LETTER BRIEF FILED ON 2/28/19 by United States Immigration and Customs Enforcement. (Attachments: # 1 Certificate of Service)(Reynolds, Ransom) (Entered: 03/01/2019)
2019-03-04	51	LETTER BRIEF in Reply to 50 Defendant's Letter Brief Filed 3/1/2019 by David Burnham, Susan B. Long. (Attachments: # 1 Certificate of Service)(Keegan, Terence) (Entered: 03/04/2019)
2019-03-05	52	LETTER BRIEF IN RESPONSE TO PLAINTIFF'S LETTER FILED ON 3/4/19 by United States Immigration and Customs Enforcement. (Attachments: # 1 Certificate of Service)(Reynolds, Ransom) (Entered: 03/05/2019)
2019-03-15	53	TEXT ORDER:The Court has reviewed Plaintiffs' letter motions 43 , 48 , Plaintiffs' letter briefs 46 , 51 , and Defendant's responses 44 , 50 , 52 . The Court has also reviewed the Joint Status Reports filed in the related case pending in the District of Columbia, Case No. 17-1097 (APM) ("the DC case"), which reflect that Defendant has agreed to provide the Plaintiffs in that case with certain specific information. See Dkt. No. 33, at 1; Dkt. No. 32, at 2 in the DC case. Counsel are directed to meet and confer by April 1, 2019, regarding Plaintiffs' request 48 to make a good faith effort to resolve or reduce any differences regarding the subject of Defendant's supplemental declarations and information that Defendant will provide to Plaintiffs. Plaintiffs' letter motion 43 is GRANTED to the extent that a telephone conference is scheduled for April 4, 2019 at 9:00 a.m., to discuss Plaintiffs' letter motion 48 , and is otherwise DENIED. Plaintiff's attorney is directed to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. SO ORDERED by Judge Brenda K. Sannes on 3/15/19. (rjb, ) (Entered: 03/15/2019)
2019-04-04		TEXT NOTICE OF HEARING: At the request of Plaintiff's counsel, the Telephone Conference set for 4/4/2019 is hereby rescheduled for 4/5/2019 at 09:00 AM before Judge Brenda K. Sannes. Plaintiff's attorney is reminded to initiate the call and should contact chambers at (315) 234-8598 once all counsel are on the line. (rjb, ) (Entered: 04/04/2019)
2019-04-05		TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephone Conference held on 4/5/2019. Appearances: Terence Keegan, Esq. for Plaintiff; Ransom Reynolds, AUSA for Defendant. Judge Sannes hears from counsel on the issues raised in Plaintiff's 48 letter. Parties are directed to work on the issue that is actually before the Court which is whether the records sought by Plaintiff actually exist. To the extent that Plaintiff's 48 letter is requesting an order directing ICE to produce records, that request is denied in accord with the conference held on 12/6/2018. (Court Reporter Eileen McDonough; 9:02AM-9:27AM) (rjb, ) (Entered: 04/05/2019)
2019-04-22	54	TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on 12/6/2018 before Judge Brenda K. Sannes.. (Keegan, Terence) (Entered: 04/22/2019)
2019-04-22	55	TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on 4/5/2019 before Judge Brenda K. Sannes.. (Keegan, Terence) (Entered: 04/22/2019)
2019-04-24	56	TRANSCRIPT of Proceedings: Telephone Conference held on 4/5/2019 before Judge Brenda K. Sannes, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/15/2019. Redacted Transcript Deadline set for 5/28/2019. Release of Transcript Restriction set for 7/23/2019. Notice of Intent to Redact due by 4/29/2019 (etm, ) (Entered: 04/24/2019)
2019-04-25	57	TRANSCRIPT of Proceedings: Telephone Conference held on 12/6/2018 before Judge Brenda K. Sannes, Court Reporter: Hannah Cavanaugh, Telephone number: (315) 234-8545. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/16/2019. Redacted Transcript Deadline set for 5/28/2019. Release of Transcript Restriction set for 7/24/2019. Notice of Intent to Redact due by 4/30/2019 (hfc, ) (Entered: 04/25/2019)
2019-04-29	58	LETTER BRIEF by United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration Supplemental w Exhibits, # 2 certificate of service)(Reynolds, Ransom) (Entered: 04/29/2019)
2019-05-16	59	Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting Evidentiary Hearing submitted to Judge Brenda K. Sannes . (Attachments: # 1 Certificate of Service)(Keegan, Terence) (Entered: 05/16/2019)
2019-05-24	60	MOTION for Limited Admission Pro Hac Vice of Zachary M. Press Filing fee $100, receipt number ANYNDC-4752536. filed by David Burnham, Susan B. Long. (Attachments: # 1 Declaration of Sponsor, # 2 Attorney Registration Form, # 3 Petition for Admission to Practice, # 4 Certificate of Good Standing, # 5 Proposed Order, # 6 Certificate of Service) Motions referred to Therese Wiley Dancks. (Keegan, Terence) (Entered: 05/24/2019)
2019-05-28	61	TEXT ORDER granting 60 Motion for Limited Admission Pro Hac Vice of Zachary Press, Esq. for Plaintiffs. 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 5/28/2019. (sg ) (Entered: 05/28/2019)
2019-05-29	62	NOTICE of Appearance by Zachary M. Press on behalf of David Burnham, Susan B. Long (Attachments: # 1 Certificate of Service)(Press, Zachary) (Entered: 05/29/2019)
2019-06-24	63	STATUS REPORT by David Burnham, Susan B. Long. (Press, Zachary) (Entered: 06/24/2019)
2019-07-08	64	TEXT ORDER: Plaintiffs' letter motion seeking an evidentiary hearing 59 is GRANTED. The hearing is set for July 31, 2019 at 10 a.m. Defendant should have present at the hearing whichever official(s) at the U.S. Immigration and Customs Enforcement (ICE) is/are necessary to address the concerns raised in the Plaintiffs' letter motion 59 , and to address the inconsistencies in ICE's responses to FOIA requests. Witness lists and exhibit lists are due by July 24, 2019. SO ORDERED by Judge Brenda K. Sannes on 7/8/2019. (sg) (Entered: 07/08/2019)
2019-07-16	65	Letter Motion from Ransom P. Reynolds for United States Immigration and Customs Enforcement requesting an adjournment submitted to Judge Brenda K. Sannes . (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 07/16/2019)
2019-07-16	66	TEXT ORDER granting 65 Letter Request. Evidentiary Hearing reset for 8/15/2019 at 09:30 AM in Syracuse before Judge Brenda K. Sannes. Witness and exhibit lists due by 8/8/2019. SO ORDERED by Judge Brenda K. Sannes on 7/16/2019. (rjb, ) (Entered: 07/16/2019)
2019-07-24	67	MOTION for Limited Admission Pro Hac Vice of Ryan C. Stubbs (Fee is waived) filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration of Sponsor, # 2 Attorney Registration Form, # 3 Petition for Admission, # 4 Proposed Order) Motions referred to Therese Wiley Dancks. (Reynolds, Ransom) (Entered: 07/24/2019)
2019-07-25	68	TEXT ORDER granting 67 Motion for Limited Admission Pro Hac Vice of Ryan Stubbs, Esq. for US ICE. **COUNSEL WILL NOT APPEAR ON THE DOCKET OF THIS CASE UNTIL THE FOLLOWING IS ACTED UPON:** 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 7/25/2019. (sg) (Entered: 07/25/2019)
2019-08-08	69	Exhibit List by United States Immigration and Customs Enforcement. (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 08/08/2019)
2019-08-08	70	Witness List by United States Immigration and Customs Enforcement. (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 08/08/2019)
2019-08-08	71	Exhibit List by David Burnham, Susan B. Long. (Press, Zachary) (Entered: 08/08/2019)
2019-08-08	72	Witness List by David Burnham, Susan B. Long. (Press, Zachary) (Entered: 08/08/2019)
2019-08-08	73	Letter Motion from Zachary M. Press for David Burnham, Susan B. Long requesting Opportunity to Continue Evidentiary Hearing at a Later Date If Needed To Call Plaintiffs' Expert Witness submitted to Judge Brenda K. Sannes . (Press, Zachary) (Entered: 08/08/2019)
2019-08-08	74	CERTIFICATE OF SERVICE by David Burnham, Susan B. Long re 71 Exhibit List, 73 Letter Motion from Zachary M. Press for David Burnham, Susan B. Long requesting Opportunity to Continue Evidentiary Hearing at a Later Date If Needed To Call Plaintiffs' Expert Witness submitted to Judge Brenda K. Sannes , 72 Witness List (Press, Zachary) (Entered: 08/08/2019)
2019-08-12	75	NOTICE of Appearance by Ryan Charles Stubbs on behalf of United States Immigration and Customs Enforcement (Attachments: # 1 certificate of service)(Stubbs, Ryan) (Entered: 08/12/2019)
2019-08-13	76	Exhibit List (AMENDED) by United States Immigration and Customs Enforcement. (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 08/13/2019)
2019-08-15		TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Evidentiary Hearing held on 8/15/2019. Appearances: Terence Keegan, Esq. and Zachary Press, Esq. for Plaintiffs; Ransom Reynolds, AUSA and Ryan Stubbs, Esq. for Defendant. 9:41AM - Court in session. Attorneys Keegan and Stubbs make brief opening statements. 9:47AM- Defendant calls Curtis Hemphill. 10:43AM- Court in recess. 11:53AM- Court back in session. Witness Hemphill continues to testify. 12:16PM- Defendant rests. Plaintiffs' request a continuation of the hearing to present expert testimony. Judge Sannes is inclined to have the witnesses here today testify. 12:19PM- Court in recess for lunch. 1:37PM- Court back in session. Plaintiffs call Patricia DeCastro. 2:37PM- Plaintiffs have no more witnesses. Judge Sannes hears from counsel on Plaintiffs' request for a continuation to have expert testimony from Dr. Paul Clark. The Court is not inclined to allow the testimony of Dr. Clark but will allow Plaintiffs to file a proffer of his testimony. Attorney Keegan confers with his client. 2:53PM- Plaintiffs call Susan Long. 3:07PM- Plaintiffs proffer re: Dr. Clark due by 8/30/2019. Defendant's response to the proffer and their sealing request re: exhibit P 33 due by 9/13/2019. Plaintiff's response to the sealing request due by 9/27/2019. A schedule for closing briefs will be set after a decision on Dr. Clark's testimony is issued. 3:11PM- Court adjourned. (Court Reporter Jodi Hibbard) (rjb, ) Modified on 8/15/2019 (rjb, ). (Entered: 08/15/2019)
2019-08-16	77	TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on August 15, 2019 before Judge Brenda K. Sannes.. (Keegan, Terence) (Entered: 08/16/2019)
2019-08-19	78	Defendant's Exhibit List used during 8/15/2019 evidentiary hearing. (rjb, ) (Entered: 08/19/2019)
2019-08-19	79	Plaintiffs' Exhibit List used during 8/15/2019 evidentiary hearing. (rjb, ) (Entered: 08/19/2019)
2019-08-21	80	TRANSCRIPT of Proceedings: Evidentiary Hearing held on 8/15/2019 before Judge Brenda K. Sannes, Court Reporter: Jodi L. Hibbard, Telephone number: (315) 234-8547. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/11/2019. Redacted Transcript Deadline set for 9/23/2019. Release of Transcript Restriction set for 11/19/2019. Notice of Intent to Redact due by 8/26/2019 (jlh, ) (Entered: 08/21/2019)
2019-08-27	81	Letter Motion from Terence P. Keegan for David Burnham, Susan B. Long requesting Extensions of Time in Parties' Filing Schedule submitted to Judge Brenda K. Sannes . (Attachments: # 1 Certificate of Service)(Keegan, Terence) (Entered: 08/27/2019)
2019-08-29	82	TEXT ORDER granting 81 Letter Request. Plaintiff's proffer due 9/13/2019, Defendant's response and sealing request due 9/27/2019, Plaintiff's response to the sealing request due 10/11/2019. SO ORDERED by Judge Brenda K. Sannes on 8/29/2019. (rjb, ) (Entered: 08/29/2019)
2019-09-09	83	TRANSCRIPT REQUEST by United States Immigration and Customs Enforcement for proceedings held on 8/15/2019 before Judge Brenda K. Sannes.. (Attachments: # 1 certificate of service)(Reynolds, Ransom) (Entered: 09/09/2019)
2019-09-13	84	Letter Motion from Terence P. Keegan and Zachary M. Press for David Burnham, Susan B. Long requesting Continuation of Evidentiary To Allow Expert Testimony submitted to Judge Brenda K. Sannes . (Attachments: # 1 Declaration Declaration of Paul C. Clark, D.Sc., # 2 Exhibit(s) Curriculum vitae of Paul C. Clark, D.Sc., # 3 Exhibit(s) Certificate of Service)(Press, Zachary) (Entered: 09/13/2019)
2019-09-27	85	RESPONSE in Opposition re 84 Letter Motion from Terence P. Keegan and Zachary M. Press for David Burnham, Susan B. Long requesting Continuation of Evidentiary To Allow Expert Testimony submitted to Judge Brenda K. Sannes filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Exhibit(s) A, # 2 Exhibit(s) B, # 3 Exhibit(s) C, # 4 Exhibit(s) D, # 5 Exhibit(s) E, # 6 certificate of service)(Reynolds, Ransom) (Entered: 09/27/2019)
2019-10-04	86	Letter Motion from Terence P. Keegan and Zachary M. Press for David Burnham, Susan B. Long requesting the Court Accept Reply in Support of Plaintiffs' Expert Proffer submitted to Judge Brenda K. Sannes . (Attachments: # 1 Certificate of Service)(Press, Zachary) (Entered: 10/04/2019)
2020-05-15	87	TEXT ORDER: The Court has reviewed and considered Plaintiffs' letter motions seeking to continue the evidentiary hearing for the testimony of Dr. Paul Clark 73 , 84 , 86 , and the Defendant's opposition 85 . Plaintiffs' motions are DENIED in part and GRANTED in part. Plaintiffs' motion to continue the evidentiary hearing is denied, but the Court will consider the declaration of Dr. Clark and attached exhibit [84-1, 84-2], together with the other evidence presented at the evidentiary hearing. Defendant may submit a declaration in response to Dr. Clark's declaration. Each party may submit a final letter brief, no longer than fifteen pages which should address, inter alia, whether the FOIA requests in this case would require ICE to create records. Defendant's letter brief, and any declaration in response to Dr. Clark's declaration, is due by June 5, 2020. Plaintiffs' letter brief is due by June 19, 2020. SO ORDERED by Judge Brenda K. Sannes on 5/15/2020. (rjb, ) (Entered: 05/15/2020)
2020-06-01	88	Letter Motion from Ransom P. Reynolds for United States Immigration and Customs Enforcement requesting an extension of time submitted to Judge Brenda K. Sannes . (Reynolds, Ransom) (Entered: 06/01/2020)
2020-06-01	89	TEXT ORDER granting 88 Letter Request. Defendant's letter brief due by 6/26/2020; Plaintiff's brief due by 7/10/2020. SO ORDERED by Judge Brenda K. Sannes on 6/1/2020. (rjb, ) (Entered: 06/01/2020)
2020-06-26	90	LETTER BRIEF by United States Immigration and Customs Enforcement. (Reynolds, Ransom) (Entered: 06/26/2020)
2020-07-10	91	LETTER BRIEF by David Burnham, Susan B. Long. (Attachments: # 1 Certificate of Service)(Keegan, Terence) (Entered: 07/10/2020)
2020-09-11	92	TEXT ORDER: The Court has scheduled a telephonic hearing for argument on Defendant's renewed motion for summary judgment 58 for September 23, 2020, at 10 a.m. The parties should be prepared to address the questions set forth below in light of the following evidence: "[t]here is no function in [the] IIDS database to track someone from an individual perspective" (Dkt. No. 80, at 17); "ICE does not contain one single identifier for the same 'alien' that would then be sequential in nature and carry across each Data Extract, Transform, Load (ETL) cycle change" (Dkt. No. 15-1, at 15); requiring ICE to associate detainers with removals would require it to "comprehensively identify an alien record" that does not currently exist in its database (Dkt. No. 15-1, at 11); analysts would have to create a new data combination akin to the process by which a case ID is generated when an EARM user creates a case (Dkt. No. 80, at 24-25, 55-57); and ICE produced different data in response to the FOIA requests for detainers and removals because "[d]ifferent data is collected and entered when different enforcement actions occur." (Dkt. No. 58-1, at 6). Given the record evidence, was the search in this case adequate and does responding to Plaintiffs' request to track different law enforcement actions by individual alien require the creation of records. Separate call in instructions for the call will be issued. SO ORDERED by Judge Brenda K. Sannes on 9/11/2020. (rjb, ) (Entered: 09/11/2020)
2020-09-23		TEXT Minute Entry for proceedings held before Judge Brenda K. Sannes: Telephonic Motion Hearing held on 9/23/2020. Appearances: Terence Keegan, Esq./Zachary Press, Esq./Susan Long for Plaintiff; Ransom Reynolds, AUSA/Ryan Stubbs, Esq. for Defendant. Judge Sannes hears argument from counsel on Defendant's renewed motion for summary judgment. A written decision will be issued. (Court Reporter Eileen McDonough; 10:00AM-11:29AM) (rjb, ) (Entered: 09/23/2020)
2020-10-09	93	ORDER that ICE's renewed motion for summary judgment (Dkt. No. 58 ) is denied; ICE may submit a second renewed motion for summary judgment by November 9, 2020. Signed by Judge Brenda K. Sannes on 10/9/2020. (rjb, ) (Entered: 10/09/2020)
2020-10-20	94	Letter Motion from Ransom P. Reynolds for United States Immigration and Customs Enforcement requesting an extension of time submitted to Judge Brenda K. Sannes . (Reynolds, Ransom) (Entered: 10/20/2020)
2020-10-20	95	TEXT ORDER granting 94 Letter Request - Defendant's renewed motion due by 12/11/2020; Plaintiff's response due by 1/12/2021; any reply due by 1/19/2021. SO ORDERED by Judge Brenda K. Sannes on 10/20/2020. (rjb, ) (Entered: 10/20/2020)
2020-12-11	96	MOTION for Summary Judgment Motion Hearing set for 1/21/2021 10:00 AM in Syracuse before Judge Brenda K. Sannes Response to Motion due by 1/4/2021 Reply to Response to Motion due by 1/11/2021. filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Memorandum of Law, # 2 Declaration of de Castro, # 3 Declaration of Vassilio-Diaz, # 4 Exhibit(s) 1, # 5 Statement of Undisputed Facts, # 6 Declaration of Ransom P. Reynolds) (Reynolds, Ransom) (Entered: 12/11/2020)
2020-12-11		TEXT NOTICE of Hearing on 96 Motion for Summary Judgment - in accordance with Dkt. No. 95 deadlines are follows: Response to Motion due by 1/12/2021, Reply to Response to Motion due by 1/19/2021. (rjb, ) (Entered: 12/11/2020)
2020-12-11	97	Letter from AUSA Reynolds requesting in camera review of documents. (rjb, ) (Entered: 12/14/2020)
2020-12-18	98	Letter Motion for David Burnham, Susan B. Long requesting Leave To File Motion To Strike and To Stay Summary Judgment Briefing submitted to Judge Sannes . (Press, Zachary) (Entered: 12/18/2020)
2020-12-18	99	TRANSCRIPT REQUEST by David Burnham, Susan B. Long for proceedings held on 9/23/2020 before Judge Sannes.. (Press, Zachary) (Entered: 12/18/2020)
2020-12-23	100	TEXT ORDER: Plaintiff's letter motion 98 seeking to file a motion regarding the Defendant's in camera request 97 is GRANTED. Plaintiff's motion is due on or before January 12, 2021. Defendant's response is due by January 26, 2021. The Court will reschedule the summary briefing deadlines after reviewing the parties' briefing on the in camera request. SO ORDERED by Judge Brenda K. Sannes on 12/23/2020. (rjb, ) (Entered: 12/23/2020)
2021-01-12	101	MOTION to Strike Defendant's Proposed In Camera Testimony and Exhibit Response to Motion due by 2/2/2021 filed by David Burnham, Susan B. Long. (Attachments: # 1 Declaration of Susan B. Long, # 2 Memorandum of Law in Support of Plaintiffs' Motion To Strike, # 3 Exhibit(s) Certificate of Service) Motions referred to Therese Wiley Dancks. (Press, Zachary) (Entered: 01/12/2021)
2021-01-13		Set/Reset Deadlines as to 101 MOTION to Strike Defendant's Proposed In Camera Testimony and Exhibit . Response to Motion due by 1/26/2021 pursuant to Judge Sannes' December 23, 2020 100 Text Order. (jel, ) (Entered: 01/13/2021)
2021-01-14	102	TRANSCRIPT of Proceedings: Telephone Conference held on 9/23/2020 before Judge Brenda K. Sannes, Court Reporter/Transcriber: Eileen McDonough, Telephone number: 315-234-8546. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must electronically file a Notice of Intent to Request Redaction with the Clerk's Office within 5 business days of this date. The policy governing the redaction of personal information is located on the court website at www.nynd.uscourts.gov. Read this policy carefully. If no Notice of Intent to Redact is filed within 5 business days of this date, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available on the web 90 days from today's date. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/4/2021. Redacted Transcript Deadline set for 2/16/2021. Release of Transcript Restriction set for 4/14/2021. Notice of Intent to Redact due by 1/19/2021 (etm, ) (Entered: 01/14/2021)
2021-01-26	103	Letter Motion from Ransom P. Reynolds for United States Immigration and Customs Enforcement requesting a short extension submitted to Judge Brenda K. Sannes . (Reynolds, Ransom) (Entered: 01/26/2021)
2021-01-26	104	TEXT ORDER granting 103 Letter Request, response due 1/29/2021. SO ORDERED by Judge Brenda K. Sannes on 1/26/2021. (rjb, ) (Entered: 01/26/2021)
2021-01-29	105	RESPONSE to Motion re 101 MOTION to Strike Defendant's Proposed In Camera Testimony and Exhibit filed by United States Immigration and Customs Enforcement. (Reynolds, Ransom) (Entered: 01/29/2021)
2021-02-03	106	Letter Motion from Terence P. Keegan and Zachary M. Press for David Burnham, Susan B. Long requesting the Court Accept Reply in Support of Plaintiffs' Motion To Strike submitted to Judge Brenda K. Sannes . (Press, Zachary) (Entered: 02/03/2021)
2021-02-24	107	TEXT ORDER granting 106 Letter Request to accept the attached reply. SO ORDERED by Judge Brenda K. Sannes on 2/24/2021. (rjb, ) (Entered: 02/24/2021)
2021-03-11	108	Letter Motion from Ransom P. Reynolds for United States Immigration and Customs Enforcement requesting that the court allow additional submission of recent decision submitted to Judge Brenda K. Sannes . (Attachments: # 1 Court Order)(Reynolds, Ransom) (Entered: 03/11/2021)
2021-03-15	109	TEXT ORDER: Defendant's letter motion 108 asking the Court to accept its letter brief in further support of its summary judgment motion is GRANTED. The Plaintiffs may, but need not, provide a letter brief in response by March 22, 2021. SO ORDERED by Judge Brenda K. Sannes on 3/15/2021. (rjb, ) (Entered: 03/15/2021)
2021-03-22	110	LETTER BRIEF in Response to Defendant's Letter Request in Further Support of Its Summary Judgment Motion by David Burnham, Susan B. Long. (Press, Zachary) (Entered: 03/22/2021)
2021-04-12	111	LETTER BRIEF regarding Dkt. No. 110 Defendant Reply to Plaintiff Response by United States Immigration and Customs Enforcement. (Reynolds, Ransom) (Entered: 04/12/2021)
2021-04-14	112	TEXT ORDER: The Court construes the Defendant's letter brief 111 as a request to submit a response to Plaintiff's letter brief 110 , and accepts the letter brief. 111 . This matter is now fully briefed. So Ordered by Judge Brenda K. Sannes on 4/14/2021. (nmk) (Entered: 04/14/2021)
2021-05-07	113	TEXT ORDER: The Court has reviewed Defendant's renewed motion for summary judgment and the exhibits thereto, [Dkt. No. 96 ], Defendant's request for in camera review of certain supporting materials (the "In Camera Materials"), [Dkt. No. 97 ], and the parties' briefing regarding Plaintiffs' Motion to Strike Defendant's Proposed In Camera Testimony and Exhibit, [Dkt. Nos. 101 , 105 , 106 ]. Defendant has argued that the In Camera Materials satisfy the sealing standards set forth in Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110 (2d Cir. 2006) and this Court's Local Rules, as well as the standard for an exemption to FOIA under 5 U.S.C. § 552(b)(7). [Dkt. No. 97 , at 2-3; Dkt. No. 105 , at 6-8]. Plaintiffs seek an order striking the in camera evidence. 101 . Upon review of Defendant's submissions, the Court finds that it does not need to consider the parties' dispute about the appropriateness of in camera review. The publicly-filed portions of Defendant's summary judgment submission (including the unredacted portions of the Declaration of Donna Vassilio-Diaz, Dkt. No. 96 -3) provide sufficient information addressing the questions raised in the Court's October 2020 decision, [Dkt. No. 93 ], to allow the Court to render a decision on Defendant's renewed motion, and it is unnecessary to consider the additional details about Defendant's process for addressing Plaintiffs' FOIA requests that the In Camera Materials contain. Therefore, the Court declines to consider the In Camera Materials, and will not retain a copy of the In Camera Materials. Plaintiffs' motion to strike 101 is DENIED as moot. Plaintiffs' opposition to Defendant's motion for summary judgment is due by May 21, 2021. Defendants reply is due by May 28, 2021. So Ordered by Judge Brenda K. Sannes on 5/7/2021. (nmk) (Entered: 05/07/2021)
2021-05-17	114	Letter Motion from Zachary M. Press for David Burnham, Susan B. Long requesting Extension of Time To Respond to Defendant's Renewed Motion for Summary Judgment submitted to Judge Brenda K. Sannes . (Press, Zachary) (Entered: 05/17/2021)
2021-05-18	115	TEXT ORDER: granting in part 114 Letter Request. Plaintiff's opposition to Defendants renewed motion and any cross-motion for summary judgment are due by June 25, 2021. If Plaintiff does not file a cross-motion Defendant's reply is due by July 9, 2021. If Plaintiff does file a cross-motion, Defendant's response to any cross-motion and its reply in support of its renewed motion is due by July 16, 2021, and Plaintiff's reply in support of any cross-motion is due by July 30, 2021. So Ordered by Judge Brenda K. Sannes on 5/18/2021. (nmk) (Entered: 05/18/2021)
2021-06-25	116	Cross MOTION for Summary Judgment and in Opposition to Defendant's Summary Judgment Motion filed by David Burnham, Susan B. Long. Motion returnable before Judge Brenda K. Sannes. Response to Motion due by 7/16/2021. Reply to Response to Motion due by 7/23/2021 (Attachments: # 1 Declaration of Susan B. Long, # 2 Exhibit(s) A to Long Declaration, # 3 Exhibit(s) B to Long Declaration, # 4 Statement of Material Facts and Additional Undisputed Material Facts, # 5 Memorandum of Law in Opposition to Defendant's Summary Judgment Motion and in Support of Plaintiffs' Cross-Motion for Summary Judgment, # 6 Exhibit(s) Certificate of Service) (Press, Zachary) (Entered: 06/25/2021)
2021-07-15	117	NOTICE of Appearance by Karen Folster Lesperance on behalf of United States Immigration and Customs Enforcement (Folster Lesperance, Karen) (Entered: 07/15/2021)
2021-07-15	118	Letter Motion from Karen Folster Lesperance for United States Immigration and Customs Enforcement requesting an extension of time submitted to Judge Brenda K. Sannes . (Folster Lesperance, Karen) (Entered: 07/15/2021)
2021-07-20	119	TEXT ORDER: Defendant's letter motion 118 for an extension of the briefing deadlines is GRANTED in part. Defendant's reply in support of its motion for summary judgment and opposition to Plaintiffs' cross-motion for summary judgment is due by August 27, 2021. Plaintiffs' reply to their cross motion for summary judgment is due by September 14, 2021. So Ordered by Judge Brenda K. Sannes on 7/20/2021. (nmk) (Entered: 07/20/2021)
2021-08-25	120	Letter Motion from Ransom P. Reynolds for United States Immigration and Customs Enforcement requesting an extension of time submitted to Judge Brenda K. Sannes . (Reynolds, Ransom) (Entered: 08/25/2021)
2021-08-26	121	TEXT ORDER granting 120 letter motion for extension of time for the Government to file its opposition to Plaintiff's 116 cross-motion and reply in support of its renewed 96 Motion for Summary Judgment until September 17, 2021 and Plaintiffs' to file a reply to their 116 Cross-Motion for Summary Judgment until October 18, 2021. SO ORDERED by District Judge Brenda K. Sannes on 8/26/2021. (sal ) (Entered: 08/26/2021)
2021-09-14	122	TEXT ORDER: staying the 96 Motion for Summary Judgment, pending receipt of the response and reply to the related 116 cross-motion for summary judgment. So Ordered by Judge Brenda K. Sannes on 9/14/2021. (nmk) (Entered: 09/14/2021)
2021-09-17	123	REPLY TO RESPONSE to the 96 MOTION for Summary Judgment and in opposition to the plaintiffs' 114 cross-motion for summary judgment filed by United States Immigration and Customs Enforcement. (Attachments: # 1 Declaration Minnettia Durant, # 2 Statement of Material Facts (Response), # 3 2021 District of Columbia cases)(Reynolds, Ransom) Modified on 9/21/2021 (jel, ). (Entered: 09/17/2021)
2021-09-17	124	LETTER BRIEF by United States Immigration and Customs Enforcement. (Reynolds, Ransom) (Entered: 09/17/2021)
2021-09-21		CLERK'S CORRECTION OF DOCKET ENTRY re 123 Response in Support of Motion - Edited text to reflect that it is defendant's reply to the response to its motion for summary judgment and in opposition to plaintiffs' cross-motion for summary judgment. (jel, ) (Entered: 09/21/2021)
2021-10-18	125	REPLY to Response to Motion re 116 Cross MOTION for Summary Judgment and in Opposition to Defendant's Summary Judgment Motion filed by David Burnham, Susan B. Long. Motion returnable before Judge Brenda K. Sannes. filed by David Burnham, Susan B. Long. (Attachments: # 1 Declaration Reply Declaration of Susan B. Long, # 2 Exhibit(s) Exhibit C to Long Reply Declaration, # 3 Exhibit(s) Exhibit D to Long Reply Declaration, # 4 Exhibit(s) Exhibit E to Long Reply Declaration)(Keegan, Terence) (Entered: 10/18/2021)
2021-10-20	126	TEXT ORDER: The 96 , 116 Motions for Summary Judgement are now fully briefed. The stay regarding the 96 motion is removed. So Ordered by Judge Brenda K. Sannes on 10/20/2021. (nmk) (Entered: 10/20/2021)
2022-03-09	127	MEMORANDUM-DECISION AND ORDER: It is hereby ORDERED that ICE's motion for summary judgment (Dkt. No. 96 ) is GRANTED. It is further ORDERED that Plaintiffs' motion for summary judgment (Dkt. No. 116 ) is DENIED. It is further ORDERED that Plaintiffs' Complaint (Dkt. No. 1 ) is DISMISSED in its entirety. It is further ORDERED that the Clerk of the Court is directed to close this case. Signed by Judge Brenda K. Sannes on 3/9/2022. (nmk) (Entered: 03/09/2022)
2022-03-09	128	JUDGMENT: in favor of United States Immigration and Customs Enforcement against David Burnham and Susan B. Long. (nmk) (Entered: 03/09/2022)
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