Skip to content

Case Detail

[Subscribe to updates]
Case TitleAmerican Civil Liberties Union et al v. Department of State et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2005cv09509
Date Filed2005-11-10
Date Closed2007-01-22
JudgeJudge Paul A. Crotty
PlaintiffAmerican Civil Liberties Union
PlaintiffAmerican Civil Liberties Union Foundation
PlaintiffAmerican Association of University Professors
PlaintiffPen American Center
Case DescriptionThe ACLU submitted FOIA requests to the Department of State, the Department of Homeland Security, the Department of Justice, and the CIA for records concerning the exclusion of prominent non-citizen scholars and intellectuals from the United States based on their political or expressive activities. The agencies acknowledged receipt of the requests and State told the ACLU it had located two records, while the FBI said it had found no records. The CIA denied the ACLU's request for a fee waiver, which the ACLU appealed administrative. Homeland Security did not respond. After hearing nothing further from any of the agencies, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of State
DefendantDepartment of Homeland Security
DefendantDepartment of Justice
TERMINATED: 06/05/2006
DefendantCentral Intelligence Agency
TERMINATED: 06/05/2006
DefendantAttorney General of the U.S. Justice Dept.
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2005-11-101COMPLAINT against Department of State, Department of Homeland Security, Department of Justice, Central Intelligence Agency. (Filing Fee $ 250.00, Receipt Number 561280)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Association of University Professors, Pen American Center.(lb, ) Additional attachment(s) added on 11/15/2005 (mbe, ). (Entered: 11/10/2005)
2005-11-10SUMMONS ISSUED as to Department of State, Department of Homeland Security, Department of Justice, Central Intelligence Agency, U.S. Attorney and U.S. Attorney General. (lb, ) (Entered: 11/10/2005)
2005-11-10Magistrate Judge Andrew J. Peck is so designated. (lb, ) (Entered: 11/10/2005)
2005-11-102RULE 7.1 DISCLOSURE STATEMENT. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Association of University Professors, Pen American Center.(lb, ) Additional attachment(s) added on 11/15/2005 (mbe, ) (Entered: 11/10/2005)
2005-11-103NOTICE of Appearance by Jameel Jaffer on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, American Association of University Professors, Pen American Center (lb, ) Additional attachment(s) added on 11/17/2005 (mbe, ). (Entered: 11/10/2005)
2005-11-10Case Designated ECF. (lb, ) (Entered: 11/10/2005)
2005-11-104SUMMONS RETURNED EXECUTED. Department of State served on 11/10/2005, answer due 12/12/2005; Department of Homeland Security served on 11/10/2005, answer due 12/12/2005; Department of Justice served on 11/10/2005, answer due 12/12/2005; Central Intelligence Agency served on 11/10/2005, answer due 12/12/2005. Service was accepted by Ms. Charles, Clerk. Document filed by American Civil Liberties Union. (Jaffer, Jameel) (Entered: 11/10/2005)
2005-11-105SUMMONS RETURNED EXECUTED. Attorney General of the U.S. Justice Dept. served on 11/10/2005, answer due 11/30/2005. Service was made by MAIL. Document filed by American Civil Liberties Union. (Jaffer, Jameel) (Entered: 11/10/2005)
2005-11-156FILING ERROR - DUPLICATED DOCKET ENTRY - - NOTICE of Appearance by Jameel Jaffer on behalf of all plaintiffs (Jaffer, Jameel) Modified on 11/16/2005 (gf, ). (Entered: 11/15/2005)
2005-11-157FILING ERROR - DUPLICATED DOCKET ENTRY - RULE 7.1 DISCLOSURE STATEMENT. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Association of University Professors, Pen American Center.(Jaffer, Jameel) Modified on 11/16/2005 (gf, ). (Entered: 11/15/2005)
2005-11-15***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jameel Jaffer for noncompliance with Section (3) of the S.D.N.Y. 3rd Amended Instructions For Filing An Electronic Case or Appeal and Section 1(d) of the S.D.N.Y. Procedures For Electronic Case Filing. E-MAIL the PDF for Document 3 Notice of Appearance to: case_openings@nysd.uscourts.gov. (gf, ) (Entered: 11/16/2005)
2005-11-228FILING ERROR - DUPLICATED DOCKET ENTRY - NOTICE of Appearance by Jameel Jaffer on behalf of all plaintiffs (Jaffer, Jameel) Modified on 11/28/2005 (gf, ). (Entered: 11/22/2005)
2005-11-289NOTICE of Appearance by Melissa Goodman on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation, American Association of University Professors, Pen American Center (Goodman, Melissa) (Entered: 11/28/2005)
2005-12-0910FIRST RESPONSE to defendants' letter to Judge Crotty requesting thirty-day extension of time . Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation, American Association of University Professors, Pen American Center. (Goodman, Melissa) (Entered: 12/09/2005)
2005-12-1211ENDORSED LETTER addressed to Judge Crotty from David S. Jones dated 12/07/2005 re: Extention to answer. ENDORSEMENT: The governments time to respond is extended to 1/12/06. So Ordered. (Signed by Judge Paul A. Crotty on 12/12/2005) (mov, ) (Entered: 12/12/2005)
2005-12-2812ENDORSED LETTER addressed to Judge Crotty from Melissa Goodman dated 12/15/2005 re: Pre-Motion conference request. ENDORSEMENT: The Court will hold a status conference on this matter on January 17, 2006 @ 11 am in Courtroom 444, 40 Centre St, and will determine at that time the appropriateness of any motions which the parties may be considering. So Ordered. (Signed by Judge Paul A. Crotty on 12/28/2005) (mov, ) (Entered: 12/28/2005)
2005-12-2813LETTER addressed to Judge Crotty from David S. Jones dated 12/27/2005 re: Response to plaintiffs'12/15/2005 letter. Document filed by Department of State, Department of Homeland Security, Department of Justice, Central Intelligence Agency, Attorney General of the U.S. Justice Dept..(mov, ) (Entered: 12/28/2005)
2006-01-1214ANSWER to Complaint. Document filed by Department of State, Department of Homeland Security, Department of Justice, Central Intelligence Agency, Attorney General of the U.S. Justice Dept.. (Attachments: # 1 certificate of service of answer)(Jones, David) (Entered: 01/12/2006)
2006-01-17Minute Entry for proceedings held before Judge Paul A. Crotty : Remark: The agreed upon briefing schedule, with respect to the dates the government agencies will produce the requested documents, to be submitted for "So Ordering". Pre-Motion Conference held on 1/17/2006. (mov, ) (Entered: 01/21/2006)
2006-01-2015ORDER; Defendant Dept. of State will process plaintiff's March 16, 2005 FOIA requst and release all non-exempt documents to plaintiffs by 02/28/06; Defendants... will process plaintiffs' March 16, 2005 FOIA Request and release all non-exempt documents to plaintiff sby 03/15/06;... (Signed by Judge Paul A. Crotty on 1/20/06) (djc, ) (Entered: 01/23/2006)
2006-03-1516ENDORSED LETTER addressed to Judge Crotty from Kristin L. Vassallo and David S. Jones dated 03/15/2006 re: Request for a thirty day extension of the Court - ordered date by which one of the agencies, "CBP", was to complete processing of plaintiffs' FOIA request. ENDORSEMENT: The time for Customs and Border Protection to provide documents is extended for 3 weeks from March 15 to April 5, 2006; and whenever possible CBP should commence a rolling production of its documents rather than waiting until April 5, 2006. So Ordered.(Signed by Judge Paul A. Crotty on 03/15/2006) (mov, ) (Entered: 03/15/2006)
2006-06-0517STIPULATION AND ORDER; that all plaintiffs' claims against DOJ (including FBD, CIA, CIS, and ICE are dismissed with prejudice and without costs or atty?s fees to either party; DOJ and CIA are dismissed with prejudice as dfts in this action; additional relief as set forth in this Order. (Signed by Judge Paul A. Crotty on 6/6/06) (pl, ) (Entered: 06/06/2006)
2006-12-05Calendar Entry: Upon the consent of both parties, a pre motion conference will take place on January 3, 2007 at 3:00 p.m in Courtroom 20-C. All counsel shall update their calendars accordingly. (Submitted by Marlon Ovalles -Courtroom Deputy) (mov, ) (Entered: 12/05/2006)
2007-01-2218STIPULATION AND ORDER OF DISMISSAL : the parties agree to settle and compromise this action on the terms set forth in this stipulation; the action is dismissed with prejudice, without attorneys' fees, costs or disbursements to any party; the release of the Records already provided and the statistical Information shall be in full settlement of any and all claims plaintiff or their successors or assigns now have or may hereafter acquire against the dfts or the U.S. (Signed by Judge Paul A. Crotty on 1/22/07) (dle) (Entered: 01/23/2007)
2008-01-2919TRANSCRIPT of proceedings held on 1/17/08 before Judge Paul A. Crotty. Court Reporter: Kristin M. Rusin, Proceedings Recorded by Electronic Sound Recording, transcript Produced by Transcription Service. (pr) (Entered: 01/29/2008)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar