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Case TitleAmerican Civil Liberties Union v. Federal Bureau Of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv10719
Date Filed2021-12-15
Date ClosedOpen
JudgeJudge Jennifer L. Rochon
PlaintiffAmerican Civil Liberties Union
Case DescriptionThe ACLU submitted a FOIA request to the FBI for records concerning whether the agency is still placing requirements on state and local law enforcement agencies that purchase or use cell site simulators. The ACLU also requested a fee waiver. The agency acknowledged receipt of the request. The agency issued a Glomar response neither confirming nor denying the existence of records under Exemption 7 (law enforcement records). The ACLU filed an administrative appeal the receipt of which was acknowledged by the agency. However, after hearing nothing further from the agency, the ACLU filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantFederal Bureau Of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-151COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25471015)Document filed by American Civil Liberties Union. (Attachments: # 1 Exhibit A. FOIA Request, # 2 Exhibit B. FBI Acknowledgment, # 3 Exhibit C. FBI Glomar Response, # 4 Exhibit D. ACLU Appeal Letter, # 5 Exhibit E. Appeal Acknowledgment Letter).(Wessler, Nathan) (Entered: 12/15/2021)
2021-12-152CIVIL COVER SHEET filed..(Wessler, Nathan) (Entered: 12/15/2021)
2021-12-153RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/15/2021)
2021-12-154REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/15/2021)
2021-12-155NOTICE OF APPEARANCE by Robert Andrew Hodgson on behalf of American Civil Liberties Union..(Hodgson, Robert) (Entered: 12/15/2021)
2021-12-16CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Ronnie Abrams. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at https://nysd.uscourts.gov/rules/ecf-related-instructions . .(sj) (Entered: 12/16/2021)
2021-12-16Magistrate Judge Gabriel W. Gorenstein is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (sj) (Entered: 12/16/2021)
2021-12-16Case Designated ECF. (sj) (Entered: 12/16/2021)
2021-12-166ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation..(sj) (Entered: 12/16/2021)
2021-12-227ORDER AND NOTICE OF INITIAL CONFERENCE: IT IS FURTHER ORDERED that counsel for all parties appear for an initial status conference on January 28, 2022 at 2:45 p.m. The Court will hold this conference by telephone. The parties shall use the dial-in information provided below to call into the conference: Call-in Number: (888) 363-4749; Access Code: 1015508. Initial Conference set for 1/28/2022 at 02:45 PM before Judge Ronnie Abrams. (Signed by Judge Ronnie Abrams on 12/22/2021) (ate) (Entered: 12/22/2021)
2021-12-288AFFIDAVIT OF SERVICE of ECF No. 7, Order and Notice of Initial Conference served on Federal Bureau of Investigation on 12/28/2021. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 12/28/2021)
2022-01-109SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Federal Bureau Of Investigation served on 12/21/2021, answer due 1/20/2022. Service was made by Mail. Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 01/10/2022)
2022-01-1910ANSWER to 1 Complaint,. Document filed by Federal Bureau Of Investigation..(Tarczynska, Dominika) (Entered: 01/19/2022)
2022-01-2111JOINT PRE-CONFERENCE STATEMENT . Document filed by American Civil Liberties Union..(Wessler, Nathan) (Entered: 01/21/2022)
2022-01-2412MEMO ENDORSEMENT on re: 11 Pre-Conference Statement filed by American Civil Liberties Union. ENDORSEMENT: Application granted. The initial conference in this case is rescheduled to March 25, 2022, at 10:15 a.m. By no later than March 21, 2022, the parties shall submit a joint letter updating the Court on the parties' agreement on a schedule for the search, processing, and production of responsive records. ( Initial Conference set for 3/25/2022 at 10:15 AM before Judge Ronnie Abrams.) (Signed by Judge Ronnie Abrams on 1/24/2022) (ate) (Entered: 01/24/2022)
2022-03-2113STATUS REPORT. Joint Status Letter Document filed by Federal Bureau Of Investigation..(Tarczynska, Dominika) (Entered: 03/21/2022)
2022-03-2214MEMO ENDORSEMENT on re: 13 Status Report filed by Federal Bureau Of Investigation. ENDORSEMENT: Given the parties' progress in identifying responsive documents and setting a production schedule, the March 25, 2022 conference is adjourned sine die. By April 22, 2022, the parties shall submit a further update letter on the status of their discussions. In that letter, the parties shall advise the Court as to whether they believe a conference is necessary at that time. (Signed by Judge Ronnie Abrams on 3/22/2022) (ate) (Entered: 03/22/2022)
2022-04-1815NOTICE OF APPEARANCE by Laura Moraff on behalf of American Civil Liberties Union..(Moraff, Laura) (Entered: 04/18/2022)
2022-04-2216STATUS REPORT. Joint Status Letter Document filed by Federal Bureau Of Investigation..(Tarczynska, Dominika) (Entered: 04/22/2022)
2022-04-2517MEMO ENDORSEMENT on re: 16 Status Report filed by Federal Bureau Of Investigation. ENDORSEMENT: The Court thanks the parties for the status update. The parties shall provide another update within 60 days and indicate whether they believe a conference is necessary at that time. (Signed by Judge Ronnie Abrams on 4/25/2022) (ate) (Entered: 04/25/2022)
2022-06-2418STATUS REPORT. Document filed by Federal Bureau Of Investigation..(Tarczynska, Dominika) (Entered: 06/24/2022)
2022-08-2319STATUS REPORT. Document filed by Federal Bureau Of Investigation..(Tarczynska, Dominika) (Entered: 08/23/2022)
2022-08-2420MEMO ENDORSEMENT on re: 19 Status Report filed by Federal Bureau Of Investigation. ENDORSEMENT: SO ORDERED. (Signed by Judge Ronnie Abrams on 8/24/2022) (ate) (Entered: 08/24/2022)
2022-09-22NOTICE OF CASE REASSIGNMENT to Judge Jennifer L. Rochon. Judge Ronnie Abrams is no longer assigned to the case. (nb) (Entered: 09/22/2022)
2022-09-2321NOTICE OF REASSIGNMENT This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. Any conference or oral argument before or directed by the Magistrate Judge will proceed as ordered. However, all previously-scheduled appearances or conferences before the District Judge are hereby adjourned pending further notice from the Court. Additionally, within two weeks of the filing of this Order, the parties are hereby ORDERED to file on ECF a joint letter updating the Court on the status of the case. The joint letter shall not exceed four (4) pages. If this case has been settled or otherwise terminated, counsel need not submit such letter or appear, provided that a stipulation of discontinuance, voluntary dismissal, or other proof of termination is filed on the docket prior to the joint letter submission deadline, using the appropriate ECF Filing Event. See SDNY ECF Rules & Instructions §§ 13.17-13.19, available at http://nysd.uscourts.gov /ecf_filing.php. Requests for extensions or adjournment of dates not affected by this Order may be made only in accordance with the Court's Individual Rules and Practices, which are available at https://nysd.uscourts.gov/hon-jennifer-l-rochon. (And as further set forth herein. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 9/23/2022) (jca) (Entered: 09/23/2022)
2022-10-0622STATUS REPORT. Document filed by Federal Bureau Of Investigation..(Tarczynska, Dominika) (Entered: 10/06/2022)
2022-10-2523ORDER. The parties shall file a joint status report to the Court no later than December 5, 2022. (Joint Status Report due by 12/5/2022). (HEREBY ORDERED by Judge Jennifer L. Rochon) (Text Only Order) (aba) (Entered: 10/25/2022)
2022-12-0524STATUS REPORT. Document filed by American Civil Liberties Union..(Moraff, Laura) (Entered: 12/05/2022)
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