| Date Filed | Doc # | Docket Text |
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| 2008-06-20 | 1 | COMPLAINT against United States Bureau of Immigration and Customs Enforcement. (Filing Fee $ 350.00, Receipt Number 654605)Document filed by Families for Freedom, John Doe.(jfe) (rdz). (Entered: 06/24/2008) |
| 2008-06-20 | | SUMMONS ISSUED as to United States Bureau of Immigration and Customs Enforcement. (jfe) (Entered: 06/24/2008) |
| 2008-06-20 | | Magistrate Judge Ronald L. Ellis is so designated. (jfe) (Entered: 06/24/2008) |
| 2008-06-20 | | Case Designated ECF. (jfe) (Entered: 06/24/2008) |
| 2008-06-20 | 2 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Families for Freedom.(jfe) (Entered: 06/24/2008) |
| 2008-06-25 | 3 | NOTICE OF COURT CONFERENCE: The Honorable Jed S. Rakoff, U.S.D.J. has ordered that counsel for all parties attend a conference on 8/13/08 at 500 Pearl Street, NY, NY 10007, in Courtroom 14-B at 4:00 p.m. (Signed by Judge Jed S. Rakoff on 6/25/08) (dle) (Entered: 06/25/2008) |
| 2008-07-04 | 4 | AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Families for Freedom, John Doe. (Attachments: # 1 Cover ltr)(Markowitz, Peter) (Entered: 07/04/2008) |
| 2008-07-22 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/22/2008. (tro) (Entered: 08/01/2008) |
| 2008-07-22 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/22/2008. (tro) (Entered: 08/01/2008) |
| 2008-08-13 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 8/13/2008. (dle) (Entered: 08/19/2008) |
| 2008-08-14 | 5 | ANSWER to Complaint. Document filed by United States Bureau of Immigration and Customs Enforcement.(Penn, Allison) (Entered: 08/14/2008) |
| 2008-08-14 | 6 | CERTIFICATE OF SERVICE of Answer served on Peter Markowitz, Esq. Assistant Clinical Professor of Law Director, Immigration Justice Clinic Cardozo Immigration Justice Clinic Cardozo School of Law on August 14, 2008. Service was made by Federal Express Mail. Document filed by United States Bureau of Immigration and Customs Enforcement. (Penn, Allison) (Entered: 08/14/2008) |
| 2008-09-04 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Interim Pretrial Conference held on 9/4/2008. (tro) (Entered: 09/10/2008) |
| 2008-09-09 | 7 | NOTICE of Student Appearance. Document filed by Families for Freedom, John Doe. (Markowitz, Peter) (Entered: 09/09/2008) |
| 2008-09-15 | 8 | STIPULATION AND ORDER; Plaintiffs agree to withdraw numbered paragraphs 2, 4, 6(a), (b), (c), (d), (e), (g), and 7, of section B of the FOIA Request. Plaintiffs agree that they will not challenge the exemptions claimed for records produced by ICE in its First FOIA Response in response to paragraphs 2, 4, and 7 of section B of the FOIA Request. Plaintiffs agree to withdraw paragraph 5 of section B of the FOIA Request in exchange for ICE's provision of nationality information from the pages of the First FOIA Response Bates stamped 183-187, and ICE's representation that the National Fugitive Operations Programs Weekly Statistical Reports related to the operations described in paragraph 2 of section B of the FOIA Request ("the Operations") do not contain information or data pertaining to legal justification for entry. Plaintiffs agree to limit their request in paragraph 6(f) of section B of the FOIA Request to responsive documents dated January 1, 2006, to April 18, 2008, the date Plaintiffs' FOIA Request was received by ICE. Plaintiffs agree not to challenge exemptions ICE has claimed for records produced in ICE's First FOIA Response in response to paragraphs 6(a)-(e) of section B of the FOIA Request. In exchange, ICE avers that it made a total of 419 arrests during the Operationsand ICE agrees to the terms further set forth in this Stipulation and Order. Any request in Plaintiffs' FOIA Request for documents "to the present" refers to April18, 2008, the date the FOIA Request was received by ICE. ICE agrees to produce documents responsive to the FOIA request and this Stipulation and Order and provide Plaintiffs with a draft Vaughn Index by December 2,2008. ICE will provide Plaintiffs with a final Vaughn Index by 1/9/2009. Any motion for summary judgment by either side must be filed by 1/9/2009. Opposition to any such motion must be filed by 1/23/2009 and any reply must be filed by 1/30/2009. Oral argument on any such motion will take place on 2/6/2009 at 5:00 p.m. SO ORDERED. (Signed by Judge Jed S. Rakoff on 9/12/2008) (tve) (Entered: 09/16/2008) |
| 2008-09-16 | 9 | NOTICE of Student Appearance. Document filed by Families for Freedom, John Doe. (Markowitz, Peter) (Entered: 09/16/2008) |
| 2008-09-16 | 10 | NOTICE of Student Appearance. Document filed by Families for Freedom, John Doe. (Markowitz, Peter) (Entered: 09/16/2008) |
| 2008-09-18 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/18/2008. (jmi) (Entered: 09/23/2008) |
| 2008-09-24 | 11 | AMENDED STIPULATION AND ORDER, plaintiffs agree to withdraw numbered paragraphs 2,4,6(a),(b),(c),(d),(e),(g), and 7, of section B of the FOIA Request, and as further set forth in this document...Any motion for summary judgment, by either side, must be filed by 1/9/09. Opposition to any such motion must be filed by 1/23/09 and any reply must be filed by 1/30/09. Oral arguments on any such motion will take place on 2/6/09 at 5:00 pm. (Signed by Judge Jed S. Rakoff on 9/19/08) (cd) (Entered: 09/25/2008) |
| 2008-09-24 | | Set Deadlines/Hearings: Motion due by 1/9/2009. Reply due by 1/30/2009. Response due by 1/23/2009. Oral Argument set for 2/6/2009 at 05:00 PM before Judge Jed S. Rakoff. (cd) (Entered: 09/25/2008) |
| 2008-12-02 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/2/2008. (mro) (Entered: 12/11/2008) |
| 2008-12-04 | 12 | STIPULATION AND ORDER that plaintiffs agree to narrow their request under paragraph 6(f) of section B of the FOIA request to exclude any of the emails that are; (a) solely related to litigation against ICE or DHS or any employee thereof.......entry of this Stipulation and Order does not confer or prevent the conferral of prevailing party status upon plaintiffs under the fee shifting provision of FOIA 5 USC 552(a)(4)(E). (Signed by Judge Jed S. Rakoff on 12/3/08) (cd) (Entered: 12/05/2008) |
| 2009-01-16 | 13 | STIPULATION AND ORDER; that the parties again wish to resolve certain portions of their disputes concerning the FOIA request without further litigation in the manner that is set forth in this order. (Signed by Judge Jed S. Rakoff on 1/12/09) (pl) (Entered: 01/16/2009) |
| 2009-01-22 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/22/2009. (mro) (Entered: 01/28/2009) |
| 2009-01-27 | 14 | STIPULATION AND ORDER; that ICE agrees to produce all portions of the five documents and further information in the manner that is set forth in this order which have previously been withheld under FOIA exemptions (b)(2)high and (b)(5). In return, Plaintiffs hereby dismiss this action with prejudice. (Signed by Judge Jed S. Rakoff on 1/27/09) (pl) (Entered: 01/27/2009) |
| 2009-02-17 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/17/2009. (mro) (Entered: 02/18/2009) |
| 2009-04-07 | | Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/7/2009. (mro) (Entered: 04/08/2009) |
| 2009-04-14 | 15 | STIPULATION AND ORDER OF SETTLEMENT OF ATTORNEYS FEES: It is hereby stipulated AND AGREED, by and between the parties, through their respective counsel, as follows: 1. The Ul1ited States shall pay to Peter L Markowitz the sum 0$50,000.00 in attorneys' fees and litigation costs. pursuant to 5 U.S.C. SS2(a)(4)(E). which sum plaintiffs and their counsel, Peter t. Markowitz, agree to accept as full payment of any attorneys fees and costs plaintiffs have incurred or will incur for services performed in connection with this action.2. Nothing in this Stipulation and Order shall constitute an admission on the part of ICE and or the United States that ICE's initial decision not to release any information requested in this FOIA action lacked a reasonable basis. 3. The parties understand and agree that this Stipulation and Order contains the entireagreement between them) and that no statements, representations, promises, agreements negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect 4. The parties agree that the United States District Court for the Southern District of New York shall retain jurisdiction over any controversy or claim arising out of or relating to this Stipulation and Order. So Ordered. (Signed by Judge Jed S. Rakoff on 4/9/09) (js) (Entered: 04/15/2009) |
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