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Case TitleRobert F. Kennedy Human Rights et al v. U.S. Immigration and Customs Enforcement
DistrictWestern District of New York
Case Number1:2022cv00929
Date Filed2022-12-01
Date ClosedOpen
JudgeHon. Lawrence J. Vilardo
PlaintiffRobert F. Kennedy Human Rights
PlaintiffPrisoners' Legal Services of New York
PlaintiffJustice for Migrant Families
Case DescriptionRobert 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

DefendantU.S. Immigration and Customs Enforcement
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User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-12-011COMPLAINT 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)
2022-12-012NOTICE of Appearance by Lauren Michel Wilfong on behalf of All Plaintiffs (Wilfong, Lauren) (Entered: 12/01/2022)
2022-12-02Case Assigned to Hon. Lawrence J. Vilardo. Notification to Chambers of on-line civil case opening. (JLV) (Entered: 12/02/2022)
2022-12-02Notice 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 . (JLV) (Entered: 12/02/2022)
2022-12-023Summons Issued as to U.S. Immigration and Customs Enforcement. (JLV) (Entered: 12/02/2022)
2022-12-124CONTINUATION OF EXHIBITS to 1 Complaint,, (Corrected Summons) . (Wilfong, Lauren) (Entered: 12/12/2022)
2022-12-135Summons Reissued as to U.S. Immigration and Customs Enforcement. (JLV) (Entered: 12/13/2022)
2023-01-136CERTIFICATE 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)
2023-01-187ANSWER to 1 Complaint,, by U.S. Immigration and Customs Enforcement.(Sroka, Scott) (Entered: 01/18/2023)
2023-01-188NOTICE of Appearance by Scott L. Sroka on behalf of U.S. Immigration and Customs Enforcement (Sroka, Scott) (Entered: 01/18/2023)
2023-01-199TEXT 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)
2023-01-1910ORDER 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)
2023-01-3111MOTION 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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by FOIA Project Staff
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