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Case TitleUnidad Latina En Accion et al v. Department of State et al
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2007cv01478
Date Filed2007-10-05
Date Closed2008-12-05
JudgeJudge Mark R. Kravitz
PlaintiffUnidad Latina En Accion
PlaintiffJunta for Progressive Action Inc
Case DescriptionUnidad Latina en Accion and the Junta for Progressive Action submitted FOIA requests to the Department of State and the Department of Justice for records concerning the arrest of 29 men and women in the New Haven area on June 7, 2007. Both agencies acknowledged receipt of the requests. The organizations heard nothing further from the State Department. The Justice Department denied the request entirely, citing Exemption 7(C) (invasion of privacy concerning law enforcement records). The organizations filed an administrative appeal, which was upheld. The organizations then filed suit.
Complaint issues: Failure to respond within statutory time limit, Exemption 7(C) - Invasion of privacy concerning law enforcement records, Litigation - Attorney's fees

DefendantU.S. Dept. of State
TERMINATED: 09/30/2008
DefendantU.S. Dept. of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2007-10-051COMPLAINT against U.S. Dept. of State, U.S. Dept. of Justice ( Filing fee $ 350 receipt number no22539), filed by Unidad Latina En Accion, Junta for Progressive Action Inc. (Attachments: # 1 Exhibit # 2 Exhibit # 3 Exhibit)(Falcone, K.) (Entered: 10/09/2007)
2007-10-052ELECTRONIC FILING ORDER. Signed by Judge Mark R. Kravitz on 10/5/2007. (Falcone, K.) (Entered: 10/09/2007)
2007-10-053Corporate Disclosure Statement by Unidad Latina En Accion, Junta for Progressive Action Inc. (Falcone, K.) (Entered: 10/09/2007)
2007-10-05Summons Issued as to U.S. Dept. of State, U.S. Dept. of Justice, (Falcone, K.) (Entered: 10/10/2007)
2007-11-054SUMMONS Returned Executed by Unidad Latina En Accion, Junta for Progressive Action Inc. U.S. Dept. of Justice served on 10/18/2007, answer due 12/17/2007. (Wishnie, Michael) (Entered: 11/05/2007)
2007-11-055First AFFIDAVIT of Service for Complaint, Summons, Exhibits A, B, C served on Dept. of State, Dept. of Justice on 10/11/07, filed by Unidad Latina En Accion, Junta for Progressive Action Inc. (Wishnie, Michael) (Entered: 11/05/2007)
2007-11-066AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against all defendants, filed by Unidad Latina En Accion, Junta for Progressive Action Inc. (Attachments: # 1 Exhibit Exhibit A: FOIA request to State Department# 2 Exhibit Exhibit B: FOIA Request to Justice Department# 3 Exhibit Exhibit C: Administrative appeal to Justice Department# 4 Exhibit Exhibit D: October 22, 2007 letter from Justice Department# 5 Certificate of Service)(Wishnie, Michael) (Entered: 11/06/2007)
2007-11-16Answer deadline updated for U.S. Dept. of State to 11/17/2007; U.S. Dept. of Justice to 11/17/2007. (Falcone, K.) (Entered: 11/16/2007)
2007-11-207Joint STIPULATION Regarding Service of Process and Answer Deadlines, by Unidad Latina En Accion, Junta for Progressive Action Inc, U.S. Dept. of State, U.S. Dept. of Justice. (Wishnie, Michael) (Entered: 11/20/2007)
2007-11-21Answer deadline updated for U.S. Dept. of State to 12/7/2007; U.S. Dept. of Justice to 12/5/2007. (Ghilardi, K.) (Entered: 11/21/2007)
2007-11-218ORDER approving re 7 Stipulation filed by Junta for Progressive Action Inc, Unidad Latina En Accion, U.S. Dept. of Justice, U.S. Dept. of State. Signed by Judge Mark R. Kravitz on 11/21/2007. (Ghilardi, K.) (Entered: 11/21/2007)
2007-12-059NOTICE of Appearance by Victoria S Shin on behalf of U.S. Dept. of State, U.S. Dept. of Justice (Shin, Victoria) (Entered: 12/05/2007)
2007-12-0510ANSWER to 6 Amended Complaint, with Affirmative Defenses. by U.S. Dept. of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Shin, Victoria) (Entered: 12/05/2007)
2007-12-0711ANSWER to 6 Amended Complaint, with Affirmative Defenses. by U.S. Dept. of State.(Shin, Victoria) (Entered: 12/07/2007)
2007-12-0912Amended ANSWER to 1 Complaint with Affirmative Defenses by U.S. Dept. of State.(Shin, Victoria) (Entered: 12/09/2007)
2008-03-0313First MOTION for Status Conference by Unidad Latina En Accion, Junta for Progressive Action Inc. (Wishnie, Michael) (Entered: 03/03/2008)
2008-03-0414Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 3/4/2008. 8 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 03/05/2008)
2008-03-0515ORDER granting 13 Motion for Conference. The Court having conferred telephonically with counsel on March 4, 2008, the following schedule will govern: All Defendant agencies must file dispositive motions by April 4, 2008. No further extensions of this deadline will be granted for any reason. Plaintiffs shall file their responses no later than April 25, 2008. Defendants shall file their reply briefs no later than May 9, 2008. There will be no further extensions granted. Signed by Judge Mark R. Kravitz on 3/5/2008. (Carotenuto, R.) (Entered: 03/05/2008)
2008-03-05Set Deadlines: Dispositive Motions due by 4/4/2008 (Ghilardi, K.) (Entered: 03/06/2008)
2008-03-1116MOTION Leave to Appear as Law Student Intern by Simon Moshenberg and Justin Cox by Unidad Latina En Accion, Junta for Progressive Action Inc.Responses due by 4/1/2008 (Wishnie, Michael) (Entered: 03/11/2008)
2008-03-1217ORDER granting 16 Motion To Appear As Law Student Intern. Signed by Judge Mark R. Kravitz on 3/12/2008. (Carotenuto, R.) (Entered: 03/12/2008)
2008-03-1418NOTICE of Appearance by Michelle Lynn Colson on behalf of U.S. Dept. of State, U.S. Dept. of Justice (Colson, Michelle) (Entered: 03/14/2008)
2008-03-1419MOTION for Victoria S. Shin to Withdraw as Attorney by U.S. Dept. of State, U.S. Dept. of Justice. (Shin, Victoria) (Entered: 03/14/2008)
2008-03-1720ORDER granting 19 Motion to Withdraw as Attorney. The appearance of Attorney Victoria S. Shin on behalf of Defendants is terminated. Defendants have continuing alternate legal representation. Signed by Judge Mark R. Kravitz on 3/17/2008. (Carotenuto, R.) (Entered: 03/17/2008)
2008-04-0421MOTION for Summary Judgment by U.S. Dept. of Justice.Responses due by 4/25/2008 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Declaration of William E. Bordley and Exhibits A through I, # 4 Redacted Documents)(Colson, Michelle) (Entered: 04/04/2008)
2008-04-0422MOTION for Summary Judgment by U.S. Dept. of State.Responses due by 4/25/2008 (Attachments: # 1 Memorandum in Support, # 2 Statement of Material Facts, # 3 Declaration of Margaret P. Grafeld and Exhibits 1 through 4, # 4 Redacted Documents, # 5 Redacted Documents, # 6 Redacted Documents, # 7 Redacted Documents)(Colson, Michelle) (Entered: 04/04/2008)
2008-04-2523OBJECTION re 22 MOTION for Summary Judgment of Defendant U.S. Dept. of State filed by Unidad Latina En Accion, Junta for Progressive Action Inc. (Attachments: # 1 Affidavit Declaration of Simon Moshenberg, # 2 Exhibit Exhibits A through E, # 3 Exhibit F, # 4 Exhibit Exhibits G through H, # 5 Exhibit I, # 6 Exhibit J, # 7 Exhibit K, # 8 Exhibit Exhibits L through M, # 9 Statement of Material Facts 56a Statement)(Wishnie, Michael) (Entered: 04/25/2008)
2008-04-2524OBJECTION re 21 MOTION for Summary Judgment of Defendant U.S. Dept. of Justice filed by Unidad Latina En Accion, Junta for Progressive Action Inc. (Attachments: # 1 Affidavit Declaration of Simon Moshenberg, # 2 Exhibit Exhibits A through M, # 3 Exhibit Exhibits N through P, # 4 Statement of Material Facts 56a Statement)(Wishnie, Michael) (Entered: 04/25/2008)
2008-05-0925REPLY to Response to 21 MOTION for Summary Judgment filed by U.S. Dept. of Justice. (Attachments: # 1 Exhibit Declaration of William E. Bordley)(Colson, Michelle) (Entered: 05/09/2008)
2008-05-0926REPLY to Response to 22 MOTION for Summary Judgment filed by U.S. Dept. of State. (Attachments: # 1 Exhibit Declaration of Margaret P. Grafeld)(Colson, Michelle) (Entered: 05/09/2008)
2008-05-1927ORDER Setting Hearing on Motion 22 MOTION for Summary Judgment, 21 MOTION for Summary Judgment: Oral argument set for 6/12/2008 at 03:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. Signed by Judge Mark R. Kravitz on 5/19/2008. (Carotenuto, R.) (Entered: 05/19/2008)
2008-06-0628MOTION for Leave to Appear as Law Student Intern by U.S. Dept. of State, U.S. Dept. of Justice. (Colson, Michelle) (Entered: 06/06/2008)
2008-06-1129ORDER granting 28 Motion to Appear of Law Student Intern. Signed by Judge Mark R. Kravitz on 6/11/2008. (Carotenuto, R.) (Entered: 06/11/2008)
2008-06-1230Minute Entry. Proceedings held before Judge Mark R. Kravitz: taking under advisement 21 Motion for Summary Judgment; taking under advisement 22 Motion for Summary Judgment; Motion Hearing held on 6/12/2008 re 22 MOTION for Summary Judgment filed by U.S. Dept. of State, 21 MOTION for Summary Judgment filed by U.S. Dept. of Justice. Total Time: 2 hours 6 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 06/13/2008)
2008-08-0731NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 8/15/2008 at 09:00 AM before Judge Mark R. Kravitz for the purpose of discussing in camera review of documents. (Carotenuto, R.) (Entered: 08/07/2008)
2008-08-1532NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/8/2008 at 04:00 PM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 08/15/2008)
2008-08-1533Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 8/15/2008. 46 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 08/21/2008)
2008-08-2634NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. NOTE NEW TIME: Telephonic Conference reset for 9/8/2008 at 08:30 AM before Judge Mark R. Kravitz. Plaintiff's attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 08/26/2008)
2008-08-2835MOTION to Withdraw Law Student Intern Appearance by Unidad Latina En Accion, Junta for Progressive Action Inc. (Wishnie, Michael) (Entered: 08/28/2008)
2008-08-2936ORDER granting 35 Motion to Withdraw Law Student Intern Appearance of Justin Cox. Signed by Judge Mark R. Kravitz on 8/29/2008. (Carotenuto, R.) (Entered: 08/29/2008)
2008-09-0237NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. Telephonic Status Conference set for 9/4/2008 at 09:30 AM before Judge Mark R. Kravitz. Plaintiffs' attorney will initiate the telephone conference call. After all of the parties are on the conference call, they should then call chambers at (203) 773-2022 on the above date and time. (Carotenuto, R.) (Entered: 09/02/2008)
2008-09-0438Minute Entry for proceedings held before Judge Mark R. Kravitz: Telephone Status Conference held on 9/4/2008. 48 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 09/04/2008)
2008-09-0539ORDER. As discussed during an on-the-record telephonic conference on September 4, 2008, the Court sets the following schedule for supplemental filings: The Government will file a supplemental declaration from the Department of State on or before September 30, 2008. Plaintiffs will file supplemental briefing regarding the declaration or a stipulation of dismissal no later than October 14, 2008. The Government will file a supplemental declaration from the Department of Justice or Marshal's Service no later than September 30, 2008. Plaintiffs will file supplemental briefing regarding the declaration or a stipulation of dismissal no later than October 14, 2008. The Government may respond to any supplemental briefing no later than October 24, 2008. Signed by Judge Mark R. Kravitz on 9/5/2008. (Carotenuto, R.) (Entered: 09/05/2008)
2008-09-05Set Deadlines as to 22 MOTION for Summary Judgment, 21 MOTION for Summary Judgment. Responses due by 10/24/2008 (Ghilardi, K.) (Entered: 09/08/2008)
2008-09-1540EXHIBIT Supplemental Declaration dated September 15, 2008 by U.S. Dept. of State re 39 Order,,,. (Colson, Michelle) (Entered: 09/15/2008)
2008-09-2241AFFIDAVIT re 39 Order,,, Signed By William E. Boardley filed by U.S. Dept. of Justice. (Colson, Michelle) (Entered: 09/22/2008)
2008-09-3042NOTICE of Appearance by Douglas P. Morabito on behalf of U.S. Dept. of State, U.S. Dept. of Justice (Morabito, Douglas) (Entered: 09/30/2008)
2008-09-3043STIPULATION of Dismissal of Party U.S. Department of State by Unidad Latina En Accion, Junta for Progressive Action Inc. (Wishnie, Michael) (Entered: 09/30/2008)
2008-09-3044ORDER DISMISSING with prejudice, and without costs or attorney's fees to either party, all claims against Defendant U.S. Department of State in accordance with 43 Joint Stipulation. Defendant U.S. Department of State is terminated as a party. Signed by Judge Mark R. Kravitz on 9/30/2008. (Carotenuto, R.) (Entered: 09/30/2008)
2008-09-3045ORDER denying without prejudice 22 Motion for Summary Judgment in light of the filing of 43 Joint Stipulation. Signed by Judge Mark R. Kravitz on 9/30/2008. (Carotenuto, R.) (Entered: 09/30/2008)
2008-10-1446MOTION for Extension of Time until Oct. 21, 2008 39 Order,,, 41 Affidavit by Unidad Latina En Accion, Junta for Progressive Action Inc. (Wishnie, Michael) (Entered: 10/14/2008)
2008-10-1547ORDER granting 46 Motion for Extension of Time. Plaintiffs shall file any supplemental briefing related to the adequacy of the search described in Defendant's Declaration 41 no later than October 21, 2008. The Government's time to respond to any supplemental briefing is similarly extended to October 31, 2008. Signed by Judge Mark R. Kravitz on 10/15/2008. (Carotenuto, R.) (Entered: 10/15/2008)
2008-10-1748SCHEDULING ORDER: A Status Conference is set for 11/21/2008 at 02:00 PM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. Signed by Judge Mark R. Kravitz on 10/17/2008. (Carotenuto, R.) (Entered: 10/17/2008)
2008-10-2149Joint STIPULATION regarding adequacy of search by Unidad Latina En Accion, Junta for Progressive Action Inc, U.S. Dept. of Justice. (Wishnie, Michael) (Entered: 10/21/2008)
2008-10-2850MOTION for Leave to Appear Law Student Interns Jane Lewis and Hunter Smith by Unidad Latina En Accion, Junta for Progressive Action Inc. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Wishnie, Michael) (Entered: 10/28/2008)
2008-10-2951ORDER granting 50 Motion for law student interns Hunter Smith and Jane Lewis to appear on behalf of Plaintiffs. Signed by Judge Mark R. Kravitz on 10/29/2008. (Carotenuto, R.) (Entered: 10/29/2008)
2008-11-0652Joint STATUS REPORT re: Dep't of Justice documents by Unidad Latina En Accion, Junta for Progressive Action Inc. (Wishnie, Michael) (Entered: 11/06/2008)
2008-11-0753ORDER approving 49 Joint Stipulation Regarding Adequacy of Search filed by Unidad Latina En Accion, Junta for Progressive Action, Inc., and United States Department of Justice. In addition, Defendant shall provide the Court with the six pages referenced in the Parties' 52 Joint Status Report no later than November 12, 2008. Signed by Judge Mark R. Kravitz on 11/7/2008. (Flynn, E.) (Entered: 11/07/2008)
2008-11-1054NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. NOTE NEW TIME. The Status Conference set for 11/21/2008 will begin at 09:00 AM in Courtroom Four, 141 Church Street, New Haven, CT before Judge Mark R. Kravitz. All persons entering the courthouse must present photo identification. (Carotenuto, R.) (Entered: 11/10/2008)
2008-11-2155Minute Entry for proceedings held before Judge Mark R. Kravitz: In Court Status Conference held on 11/21/2008. Total Time: 1 hour 19 minutes(Court Reporter Finkelstein.) (Ghilardi, K.) (Entered: 11/21/2008)
2008-12-0456STIPULATION of Dismissal of Case by Unidad Latina En Accion, Junta for Progressive Action Inc, U.S. Dept. of Justice. (Wishnie, Michael) (Entered: 12/04/2008)
2008-12-0557ORDER. In light of the Parties' Stipulation 56 , Defendant's, the United States Department of Justice, Motion for Summary Judgment 21 is denied as moot. Signed by Judge Mark R. Kravitz on 12/5/2008. (Flynn, E.) (Entered: 12/05/2008)
2008-12-0558ORDER DISMISSING CASE re 56 Stipulation of Dismissal. Signed by Clerk on 12/5/2008. (Falcone, K.) (Entered: 12/05/2008)
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