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Case TitleLinares Alvarez v. Immigration & Customs Enforcement et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv01425
Date Filed2022-02-21
Date ClosedOpen
JudgeMagistrate Judge Katharine H. Parker
PlaintiffGuillermo Linares Alvarez
Case DescriptionGuillermo Linares Alvarez submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the charges brought against him. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Linares Alvarez filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantImmigration & Customs Enforcement
DefendantUS Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [9]
Opinion/Order [16]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-02-211COMPLAINT against Immigration & Customs Enforcement, US Department of Homeland Security. (Filing Fee $ 402.00, Receipt Number ANYSDC-25759006)Document filed by Guillermo Linares Alvarez. (Attachments: # 1 Affidavit A - FOIA Request to ICE, # 2 Affidavit B - Email Correspondence with ICE).(Levine, Zoe) (Entered: 02/21/2022)
2022-02-22***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Zoe Pokempner Levine. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (vf) (Entered: 02/22/2022)
2022-02-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 . .(vf) (Entered: 02/22/2022)
2022-02-22Magistrate Judge Katharine H. Parker 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 . (vf) (Entered: 02/22/2022)
2022-02-22Case Designated ECF. (vf) (Entered: 02/22/2022)
2022-02-222CIVIL COVER SHEET filed..(Levine, Zoe) (Entered: 02/22/2022)
2022-02-223NOTICE OF INITIAL CONFERENCE: This case has been assigned to me forallpurposes.It is hereby ORDERED that counsel for all parties participate in an initial conference with the Court at the time listed below. All conferences must be attended by the attorney who will serve as principal counsel. Any open legal issues can be addressed at the conference. DUE DATE OF JOINT LETTER: May 26, 2022. DATE AND TIME OF CONFERENCE: June 2, 2022 at 3:00 p.m. The conference will be conducted by telephone. The parties are directed to the Court's Emergency Rules in Light of COVID-19, which are available on the Court's website, for the dial-in number and other relevant instructions. The parties are specifically directed to comply with Rule 2(C) of the Court's Emergency Rules. So Ordered. Initial Conference set for 6/2/2022 at 3:00 PM before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 2/22/2022) (js) (Entered: 02/23/2022)
2022-02-244REQUEST FOR ISSUANCE OF SUMMONS as to US Department of Homeland Security, re: 1 Complaint,. Document filed by Guillermo Linares Alvarez..(Levine, Zoe) (Entered: 02/24/2022)
2022-02-245REQUEST FOR ISSUANCE OF SUMMONS as to Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Guillermo Linares Alvarez..(Levine, Zoe) (Entered: 02/24/2022)
2022-02-256ELECTRONIC SUMMONS ISSUED as to US Department of Homeland Security. (vf) (Entered: 02/25/2022)
2022-02-257ELECTRONIC SUMMONS ISSUED as to Immigration & Customs Enforcement. (vf) (Entered: 02/25/2022)
2022-03-158NOTICE OF APPEARANCE by David E. Farber on behalf of Immigration & Customs Enforcement, US Department of Homeland Security..(Farber, David) (Entered: 03/15/2022)
2022-03-159ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order file on ECF a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf). The executed form should be filed on ECF as a "Proposed Order," and be described using the "Consent Order" filing event in accordance with ECF Rule 13.18. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If either party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, within two weeks of the date of this order advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. (Signed by Judge Gregory H. Woods on 3/15/2022) (rro) (Entered: 03/16/2022)
2022-03-2510PROPOSED CONSENT ORDER. Document filed by Immigration & Customs Enforcement, US Department of Homeland Security..(Farber, David) (Entered: 03/25/2022)
2022-03-2511CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Immigration & Customs Enforcement, Guillermo Linares Alvarez, US Department of Homeland Security. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Katharine H. Parker. IT IS ORDERED: This case is referred to a United States magistrate judge to conduct all proceedings and order the entry of a final judgment in accordance with 28 U.S.C. § 636(c) and Fed. R. Civ. P. 73 (Signed by Judge Gregory H. Woods on 3/25/22) (yv) (Entered: 03/28/2022)
2022-03-2912AFFIDAVIT OF SERVICE (FOIA CASE). Immigration & Customs Enforcement served on 3/3/2022, answer due 4/4/2022; US Department of Homeland Security served on 3/5/2022, answer due 4/4/2022. Service was made by CERTIFIED MAIL. Document filed by Guillermo Linares Alvarez..(Levine, Zoe) (Entered: 03/29/2022)
2022-03-2913INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 5/4/2022 at 12:00 PM in Courtroom 17D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Katharine H. Parker. SO ORDERED. (Signed by Magistrate Judge Katharine H. Parker on 3/29/2022) (vfr) (Entered: 03/29/2022)
2022-04-0614ANSWER to 1 Complaint,. Document filed by Immigration & Customs Enforcement, US Department of Homeland Security..(Farber, David) (Entered: 04/06/2022)
2022-04-1815JOINT LETTER MOTION to Adjourn Conference Scheduled for May 4, 2022 addressed to Magistrate Judge Katharine H. Parker from David Farber dated 4/18/2022. Document filed by Immigration & Customs Enforcement, US Department of Homeland Security..(Farber, David) (Entered: 04/18/2022)
2022-04-1916ORDER granting 15 Letter Motion to Adjourn Conference. Application Granted. (Signed by Magistrate Judge Katharine H. Parker on 4/19/22) (yv) (Entered: 04/19/2022)
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