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Case TitleAmerican Civil Liberties Union et al v. U.S Department of Homeland Security et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2011cv03786
Date Filed2011-06-03
Date Closed2013-09-11
JudgeJudge Richard M. Berman
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
DefendantU.S Department of Homeland Security
DefendantU.S. Immigration and Customs Enforcement
AppealSecond Circuit 13-4312
AppealSecond Circuit 14-406
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 Decision and Order (61)
Docket Events (Hide)
Date FiledDoc #Docket Text

2011-06-031COMPLAINT against U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 350.00, Receipt Number 1008295)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2, # 5 Exhibit D, # 6 Exhibit E-T, # 7 Exhibit U-X, # 8 Exhibit Y-FF)(ama) (Entered: 06/06/2011)
2011-06-03CASE REFERRED TO Judge Shira A. Scheindlin as possibly related to 1:10-CV8354. (ama) (Entered: 06/06/2011)
2011-06-03Case Designated ECF. (ama) (Entered: 06/06/2011)
2011-06-032RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ama) (Entered: 06/06/2011)
2011-06-03SUMMONS ISSUED as to U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General. (ama) (Entered: 06/06/2011)
2011-06-073AFFIDAVIT OF SERVICE of Summons and Complaint,. U.S Department of Homeland Security served on 6/3/2011, answer due 6/24/2011. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 06/07/2011)
2011-06-074AFFIDAVIT OF SERVICE of Summons and Complaint,. U.S. Immigration and Customs Enforcement served on 6/3/2011, answer due 6/24/2011. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 06/07/2011)
2011-06-09CASE ACCEPTED AS RELATED. Create association to 1:10-cv-08354-SAS. Notice of Assignment to follow. (sjo) (Entered: 06/09/2011)
2011-06-095NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 06/09/2011)
2011-06-09Magistrate Judge Kevin Nathaniel Fox is so designated. (sjo) (Entered: 06/09/2011)
2011-06-276ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard G. Leland dated 6/24/11 re: counsel for plaintiffs respectfully submits this letter in response to Defendants' letter of June 21, 2011 and to provide additional support for this Court's decision to accept this case as a related case. The ACLU respectfully requests that the Court reject the Defendants' request for the Court to reconsider its prior decision to accept the instant case as related to the Pending Cases. ENDORSEMENT: After reviewing Defendants June 21 letter and Plaintiffs June 24 response letter, the Court maintains its decision that 11cv3786 is a related case. (Signed by Judge Shira A. Scheindlin on 6/27/11) (pl) Modified on 6/27/2011 (pl). (Entered: 06/27/2011)
2011-06-277ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis A. Pellegrino dated 6/21/11 re: counsel for defendants write respectfully on behalf of defendants the United States Department of Homeland Security ("DHS"), and United States Immigration and Customs Enforcement ("ICE") (collectively, "Defendants" or the "Government"), in opposition to P1aintiffs' statement that this case should be accepted as related to the cases that are listed in this Letter. We thank the Court for its consideration of this matter and respectfully request that it docket this letter and make it part of the proceedings. ENDORSEMENT: The Clerk of the court is directed to accept this letter for docketing, at the Government's requests. (Signed by Judge Sidney H. Stein on 6/27/11) (pl) Modified on 6/27/2011 (pl). (Entered: 06/27/2011)
2011-07-018ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis A. Pellegrino dated 6/29/2011 re: Requesting a 30 day extension of time to August 4, 2011, to respond to the complaint on behalf of the Government. ENDORSEMENT: Request granted. Government must respond to the Complaint by August 4, 2011. (Signed by Judge Shira A. Scheindlin on 6/29/2011) (jpo) (Entered: 07/01/2011)
2011-08-049ANSWER to 1 Complaint,. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Pellegrino, Louis) (Entered: 08/04/2011)
2011-09-0910NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge Shira A. Scheindlin is no longer assigned to the case. (pgu) (Entered: 09/09/2011)
2011-09-0911CERTIFICATE OF SERVICE of Notice of Reassignment served on Defendants on 9/9/11. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Tisdale, Richard) (Entered: 09/09/2011)
2011-09-1612FIRST MOTION for Tanaz Moghadam to Withdraw as Attorney. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Moghadam, Tanaz) (Entered: 09/16/2011)
2011-09-2013MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL: granting 12 Motion for Tanaz Moghadam to Withdraw as Attorney for plaintiffs. Attorney Tanaz Moghadam terminated. (Signed by Judge Richard M. Berman on 9/20/2011) (djc) (Entered: 09/20/2011)
2011-12-2114CERTIFICATE OF SERVICE of Notice of Pre-Trial Conference on 12/21/11. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Tisdale, Richard) (Entered: 12/21/2011)
2012-01-0515ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 1/4/2012 re: Counsel for the plaintiffs request a six-week adjournment of the pretrial conference currently scheduled for Monday, 1/9/2012, at 9:30 a.m. ENDORSEMENT: The initial pre-trial conference on 1/9/12 is adjourned to 2/21/12 at 9:30 a.m. (Initial Conference set for 2/21/2012 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 1/5/2012) (ft) (Entered: 01/05/2012)
2012-02-1716ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 2/16/2012 re: Counsel for the "ACLU" plaintiffs request a six-week adjournment of the pretrial conference currently scheduled for 2/21/2012, at 9:30 a.m. ENDORSEMENT: The conference on 2/21/12 is adjourned to 4/3/12 at 10:00 a.m. (Initial Conference set for 4/3/2012 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 2/17/2012) (tro) (Entered: 02/17/2012)
2012-04-0217ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 3/30/2012 re: The parties therefore believe that they would benefit from the receipt of additional time to explore the settlement issues in this case, and in the interest of judicial efficiency, we respectfully request that the Court adjourn the upcoming pretrial conference to allow time for further settlement discussions. ENDORSEMENT: The conference on 4/3/12 will proceed as scheduled. The parties' application to adjourn the conference is respectfully denied. (Signed by Judge Richard M. Berman on 4/2/2012) (lmb) (Entered: 04/02/2012)
2012-04-0318CASE MANAGEMENT PLAN: All Discovery to be expeditiously completed by 8/6/2012 (Final). Status of settlement discussions with principals on 9/6/12 @9:00 a.m. (Signed by Judge Richard M. Berman on 4/3/2012) (pl) (Entered: 04/03/2012)
2012-04-03Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 4/3/2012. Conference held. Case management plan entered. (jfe) (Entered: 04/04/2012)
2012-04-0419MOTION for Michael K.T. Tan to Appear Pro Hac Vice. Document filed by American Civil Liberties Union.(arc) (Entered: 04/09/2012)
2012-04-0920ORDER FOR ADMISSION PRO HAC VICE granting 19 Motion for Michael K.T. Tan to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. ENDORSEMENT: Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Richard M. Berman on 4/9/2012) (ft) (Entered: 04/09/2012)
2012-04-24CASHIERS OFFICE REMARK on 19 Motion to Appear Pro Hac Vice in the amount of $200.00, paid on 04/04/2012, Receipt Number 1034507. (jd) (Entered: 04/24/2012)
2012-09-0621STIPULATION AND ORDER OF SETTLEMENT AND PARTIAL DISMISSAL (as modified). IT IS HEREBY AGREED AMONGST THE PARTIES that Plaintiffs' Three FOIA Requests are hereby superseded by the New Requests attached to this agreement at Exhibit A, and the Three FOIA Requests are withdrawn in their entirety. Exhibit A is a fully integrated and binding part of this Stipulation, and as further set forth. ENDORSEMENT: The parties may utilize the services of the Magistrate Judge to facilitate resolution of issues. (Signed by Judge Richard M. Berman on 9/6/2012) (rjm) (Entered: 09/06/2012)
2012-09-06Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/6/2012. Conference held. Partial settlement reached. Parties to submit joint letter to court re: further proceedings. (ja) (Entered: 09/07/2012)
2012-11-2722ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 11/26/2012 re: Status of open issues. ENDORSEMENT: We'll need a conference before any further submissions, motions, schedules, etc. Tuesday, 12/4 at 11:00 am. ( Conference set for 12/4/2012 at 11:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 11/27/2012) (cd) (Entered: 11/27/2012)
2012-12-04Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 12/4/2012. (Status Conference set for 12/20/2012 at 10:30 AM before Judge Richard M. Berman.) (ft) (Entered: 12/06/2012)
2012-12-20Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 12/20/2012. Conference held. Parties to submit joint letter by 1/7/13. Next conference is scheduled for 1/15/13 at 9:30 am. Court Reporter Karen Gorlaski present. See transcript for a complete record., ( Status Conference set for 1/15/2013 at 09:30 AM before Judge Richard M. Berman.). (lmb) (Entered: 12/26/2012)
2013-01-23Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 1/23/2013. Court Reporter present. See transcript for a complete record. Motion schedule set. Motion by 2/27/13; response by 4/3/13; reply by 4/17/13; surreply (if any) by 5/1/13. (js) (Entered: 01/28/2013)
2013-02-2723MOTION for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Responses due by 4/3/2013(Leland, Richard) (Entered: 02/27/2013)
2013-02-2724DECLARATION of Richard G. Leland in Support re: 23 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part 1 of 3), # 3 Exhibit 2 (Part 2 of 3), # 4 Exhibit 2 (Part 3 of 3), # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Leland, Richard) (Entered: 02/27/2013)
2013-02-2725MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 02/27/2013)
2013-02-2726RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 02/27/2013)
2013-02-2727DECLARATION of Michael Tan in Support re: 23 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 02/27/2013)
2013-04-0328ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 4/2/13 re: Counsel for the Government requests a 30 day extension of time for the Government to file its opposition to plaintiffs' motion for summary judgment and proposes the following schedule: Government's opposition due May 3, 2013 and Plaintiffs' Reply due on May 22, 2013. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 4/2/2013) (mro) Modified on 4/3/2013 (mro). (Entered: 04/03/2013)
2013-04-03Set/Reset Deadlines as to 23 MOTION for Summary Judgment: Responses due by 5/3/2013 Replies due by 5/22/2013. (mro) (Entered: 04/03/2013)
2013-04-0429MOTION for Justin Cox to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8388053. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Cox, Justin) (Entered: 04/04/2013)
2013-04-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 29 MOTION for Justin Cox to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8388053. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bwa) (Entered: 04/04/2013)
2013-04-0530ORDER FOR ADMISSION PRO HAC VICE granting 29 Motion for Justin Cox to Appear Pro Hac Vice. It is hereby Ordered that Justin Cox is admitted Pro Hac Vice to appear for all purposes as counsel for American Civil Liberties Union and American Civil Liberties Union Foundation. (Signed by Judge Richard M. Berman on 4/5/2013) (mro) (Entered: 04/05/2013)
2013-05-0131ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 5/1/13 re: Counsel writes to request the following extensions regarding plaintiffs motion for summary judgment: Government's opposition due 5/17/13 (noon) and Plaintiffs' reply due by 6/7/13. ENDORSEMENT: Final extension (modified) granted. See p2. Set Deadlines/Hearing as to 23 MOTION for Summary Judgment :( Responses due by 5/17/2013, Replies due by 6/7/2013.) (Signed by Judge Richard M. Berman on 5/1/2013) (mro) (Entered: 05/01/2013)
2013-05-1732CROSS MOTION for Summary Judgment. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 6/7/2013(Pellegrino, Louis) (Entered: 05/17/2013)
2013-05-1733DECLARATION of Ryan Law in Support re: 32 CROSS MOTION for Summary Judgment.. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Pellegrino, Louis) (Entered: 05/17/2013)
2013-05-1734MEMORANDUM OF LAW in Support re: 32 CROSS MOTION for Summary Judgment.. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Pellegrino, Louis) (Entered: 05/17/2013)
2013-06-0435ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 6/3/13 re: Counsel writes to request an extension of time until 6/14/13 for ACLU to file its reply brief to the Government's opposition papers. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 6/4/2013) (mro) (Entered: 06/04/2013)
2013-06-0436NOTICE OF CHANGE OF ADDRESS by Justin Cox on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. New Address: ACLU Foundation, 233 Peachtree Street NE, Suite 2150, Atlanta, Georgia, United States of America 30303, (646) 531-6108. (Cox, Justin) (Entered: 06/04/2013)
2013-06-04Set/Reset Deadlines: Replies due by 6/14/2013. (mro) (Entered: 06/05/2013)
2013-06-1437REPLY MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment. And In Opposition To Defendant's Cross Motion For Summary Judgment . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A)(Leland, Richard) (Entered: 06/14/2013)
2013-06-2038ENDORSED LETTER addressed to Judge Richard M. Berman, from Richard G. Leland, dated 6/18/2013, re: we write to inform your Honor of the recent N.Y. Times decision (copy enclosed for your reference) as its decision regarding the proper scope of FOIA exemptions 6 and 7(C) is highly relevant to the present matter. ENDORSEMENT: Defense may respond by 6/25/2013. Clerk to docket. (Signed by Judge Richard M. Berman on 6/20/2013) (ja) (Entered: 06/20/2013)
2013-07-1839ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 6/25/13 re: Counsel for the Department of Homeland Security states that on June 18, 2013, counsel for the Plaintiffs wrote to inform the court about the recent FOIA opinion issued by Judge Scheindlin in The New York Times v. Department of Homeland Security, 12 Civ. 8100 (SAS) ("NYTimes"). The Government suggests that the reasoning in NY Times is not persuasive and should not be applied in the present case. ENDORSEMENT: Clerk to docket. (Signed by Judge Richard M. Berman on 7/18/2013) (mro) Modified on 7/18/2013 (mro). (Entered: 07/18/2013)
2013-08-2940ORDER: A brief conference regarding the parties' cross-motions for summary judgment is schedule for September 3, 2013 at 2:00 p.m. in Courtroom 12D of the Daniel Patrick Moynihan Courthouse at 500 Pearl Street, New York, New York l0007. Set Deadlines/Hearing as to 32 CROSS MOTION for Summary Judgment:( Motion Hearing set for 9/3/2013 at 02:00 PM in Courtroom 12D, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 8/29/2013) (mro) (Entered: 08/29/2013)
2013-08-3041ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pelligrino dated 8/29/2013 re: We represent the Department of Homeland Security in this matter. We write regarding the Court's Order filed today which set a brief conference for September 3, 2013. I write to respectfully request that the Court adjourn the conference until the following week. ENDORSEMENT: The adjournment request is respectfully denied. (Signed by Judge Richard M. Berman on 8/30/2013) (rsh) (Entered: 08/30/2013)
2013-09-03Minute Entry for proceedings held before Judge Richard M. Berman: Status Conference held on 9/3/2013. The Court clarified several items on the record. Court Reporter Bill Richards was present. See transcript for a completerecord. (sc) (Entered: 09/04/2013)
2013-09-0942DECISION & ORDER granting 23 Motion for Summary Judgment; denying 32 Motion for Summary Judgment. For the foregoing reasons, Plaintiffs' motion for summary judgment [#23] is granted and Defendants' cross-motion for summary judgment [#32] is denied. The Clerk of the Court is respectfully requested to enter judgment in favor of the Plaintiffs. Defendants are to produce the records requested in the September 6, 2012 Stipulation no later than November 3, 2013. The Clerk of Court is further requested to close this case. (Signed by Judge Richard M. Berman on 9/9/2013) (mro) (Main Document 42 replaced on 9/9/2013) (mro). (Entered: 09/09/2013)
2013-09-09Transmission to Judgments and Orders Clerk. Transmitted re: 42 Order on Motion for Summary Judgment, to the Judgments and Orders Clerk. (mro) (Entered: 09/09/2013)
2013-09-1143CLERK'S JUDGMENT That for the reasons stated in the Court's Decision and Order dated September 9, 2013, Plaintiffs' motion for summary judgment is granted and Defendants' cross-motion for summary judgment is denied; Judgment is entered in favor of the Plaintiffs; Defendants are to produce the records requested in the September 6, 2012 Stipulation no later than November 3, 2013; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/11/13) (Attachments: # 1 Notice of Right to Appeal)(ml) (Entered: 09/11/2013)
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