| Case Description | Robert F. Kennedy Human Rights, Justice for Migrant Families, and Prisoner Legal Services of New York submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning the scope and scale of detention in the Buffalo Field Office District and records regarding the treatment of people detained at Batavia. The agency acknowledged receipt of the request. After hearing nothing from the agency, the plaintiffs filed an administrative appeal. As a result of the appeal, ICE remanded the request for further processing. However, after hearing nothing further from the agency, the plaintiffs filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver
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| Date Filed | Doc # | Docket Text |
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| 2022-12-01 | 1 | COMPLAINT against U.S. Immigration and Customs Enforcement $ 402 receipt number ANYWDC-4737260, filed by Robert F. Kennedy Human Rights, Justice for Migrant Families, Prisoners' Legal Services of New York. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - ICE Receipt, # 3 Exhibit C - FOIA Administrative Appeal with Exhibits, # 4 Exhibit D - ICE Appeal Acknowledgement Letter, # 5 Exhibit D - FOIA Appeal Response, # 6 Exhibit F - Email ICE to Plaintiff August 11 2022, # 7 Exhibit G - Requester Response to Request to Clarify, # 8 Civil Cover Sheet, # 9 Summons)(Gillman, Sarah) (Entered: 12/01/2022) |
| 2022-12-01 | 2 | NOTICE of Appearance by Lauren Michel Wilfong on behalf of All Plaintiffs (Wilfong, Lauren) (Entered: 12/01/2022) |
| 2022-12-02 | | Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLV) (Entered: 12/02/2022) |
| 2022-12-02 | | Notice of Availability of Magistrate Judge: A United States Magistrate of this Court is available to conduct all proceedings in this civil action in accordance with 28 U.S.C. 636c and FRCP 73. The Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form (AO-85) is available for download at http://www.uscourts.gov/services-forms/forms . (JLV) (Entered: 12/02/2022) |
| 2022-12-02 | 3 | Summons Issued as to U.S. Immigration and Customs Enforcement. (JLV) (Entered: 12/02/2022) |
| 2022-12-12 | 4 | CONTINUATION OF EXHIBITS to 1 Complaint,, (Corrected Summons) . (Wilfong, Lauren) (Entered: 12/12/2022) |
| 2022-12-13 | 5 | Summons Reissued as to U.S. Immigration and Customs Enforcement. (JLV) (Entered: 12/13/2022) |
| 2023-01-13 | 6 | CERTIFICATE OF SERVICE by Justice for Migrant Families, Prisoners' Legal Services of New York, Robert F. Kennedy Human Rights re 1 Complaint,, (Attachments: # 1 Exhibit A)(Gillman, Sarah) (Entered: 01/13/2023) |
| 2023-01-18 | 7 | ANSWER to 1 Complaint,, by U.S. Immigration and Customs Enforcement.(Sroka, Scott) (Entered: 01/18/2023) |
| 2023-01-18 | 8 | NOTICE of Appearance by Scott L. Sroka on behalf of U.S. Immigration and Customs Enforcement (Sroka, Scott) (Entered: 01/18/2023) |
| 2023-01-19 | 9 | TEXT REFERRAL ORDER - Hon. H. Kenneth Schroeder, Jr., United States Magistrate Judge, is hereby designated to act in this case as follows: Pursuant to 28 U.S.C. § 636(b)(1)(A), all pre-trial matters in this case are referred to the above-named United States Magistrate Judge, including but not limited to: (1) conduct of a scheduling conference and entry of a scheduling order pursuant to Fed. R. Civ. P. 16, (2) hearing and disposition of all non-dispositive motions or applications, (3) supervision of discovery, and (4) supervision of all procedural matters involving the aforementioned or involving the preparation of the case or any matter therein for consideration by the District Judge. The Magistrate Judge shall not hear and report upon dispositive motions for the consideration of the District Judge pursuant to 28 U.S.C. § 636(b)(1)(B) and (C), unless further ordered by this Court. All motions or applications shall be filed with the Clerk and made returnable before the Magistrate Judge. The parties are encouraged to consider the provisions of 28 U.S.C. § 636(c) governing consent to either partial or complete disposition of the case, including trial if necessary, by the Magistrate Judge. Consent forms are available from the office of the Magistrate Judge or the office of the Clerk of Court. IT IS SO ORDERED. Issued by Hon. Lawrence J. Vilardo on 1/19/2023. (WMH) (Entered: 01/19/2023) |
| 2023-01-19 | 10 | ORDER regarding issuance of Case Management Order. Signed by Hon. H. Kenneth Schroeder Jr. on 1/19/23. (Attachments: # 1 Case Management Order Form, # 2 Consent Memorandum, # 3 Consent Form)(LMG) (Entered: 01/19/2023) |
| 2023-01-31 | 11 | MOTION to appear pro hac vice permitting Rene Kathawala, Esq. to appear Pro Hac Vice as counsel for Plaintiffs ( Filing fee $ 200 receipt number ANYWDC-4785175.) by Justice for Migrant Families, Prisoners' Legal Services of New York, Robert F. Kennedy Human Rights. (Attachments: # 1 Exhibit Documents listed in subdivision (b)(1)(A)(i) to (vi) of Local Rule of Civil Procedure 83.1)(Gillman, Sarah) (Entered: 01/31/2023) |
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