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Case TitleCenter for Constitutional Rights v. United States Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv07689
Date Filed2023-08-30
Date ClosedOpen
JudgeJudge Naomi Reice Buchwald
PlaintiffCenter for Constitutional Rights
Case DescriptionThe Center for Constitutional Rights submitted FOIA requests to the Department of Defense, Department of State, and Department of Homeland Security for records concerning the number and demographic information of Afghan evacuees detained at identified sites. The agencies acknowledged receipt of the requests but after hearing nothing further from the agencies, CCR filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing - Compelling Need, Litigation - Attorney's fees

DefendantUnited States Department of Defense
DefendantUnited States Department of State
DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [25]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-301COMPLAINT against United States Department of Defense, United States Department of Homeland Security, United States Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-28214980)Document filed by Center for Constitutional Rights. (Attachments: # 1 Exhibit 1 - FOIA Request).(Azmy, Baher) (Entered: 08/30/2023)
2023-08-302CIVIL COVER SHEET filed..(Azmy, Baher) (Entered: 08/30/2023)
2023-08-303REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF DEFENSE, re: 1 Complaint,. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 08/30/2023)
2023-08-304REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF STATE, re: 1 Complaint,. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 08/30/2023)
2023-08-305REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, re: 1 Complaint,. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 08/30/2023)
2023-08-31CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . .(jgo) (Entered: 08/31/2023)
2023-08-31Magistrate Judge James L. Cott 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 . (jgo) (Entered: 08/31/2023)
2023-08-31Case Designated ECF. (jgo) (Entered: 08/31/2023)
2023-08-316ELECTRONIC SUMMONS ISSUED as to United States Department of Defense..(jgo) (Entered: 08/31/2023)
2023-08-317ELECTRONIC SUMMONS ISSUED as to United States Department of Homeland Security..(jgo) (Entered: 08/31/2023)
2023-08-318ELECTRONIC SUMMONS ISSUED as to United States Department of State..(jgo) (Entered: 08/31/2023)
2023-09-059FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Naomi Ruth Tsu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28238685. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Constitutional Rights. (Attachments: # 1 Affidavit notorized affidavit, # 2 Exhibit certificate of good standing - Georgia, # 3 Exhibit certificate of standing - CA, # 4 Proposed Order proposed order).(Tsu, Naomi) Modified on 9/5/2023 (sgz). (Entered: 09/05/2023)
2023-09-05>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 9 MOTION for Naomi Ruth Tsu to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28238685. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California 415-865-7000;. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (sgz) (Entered: 09/05/2023)
2023-09-0510FIRST MOTION for Christopher Godshall-Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-28239589. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Constitutional Rights. (Attachments: # 1 Affidavit Notarized Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order Proposed Order).(Godshall-Bennett, Christopher) (Entered: 09/05/2023)
2023-09-05>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 FIRST MOTION for Christopher Godshall-Bennett to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number BNYSDC-28239589. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 09/05/2023)
2023-09-0511AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Defense served on 9/1/2023, answer due 9/22/2023. Service was made by MAIL. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 09/05/2023)
2023-09-0512AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Homeland Security served on 9/1/2023, answer due 9/22/2023. Service was made by MAIL. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 09/05/2023)
2023-09-0513AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of State served on 9/1/2023, answer due 9/22/2023. Service was made by MAIL. Document filed by Center for Constitutional Rights..(Azmy, Baher) (Entered: 09/05/2023)
2023-09-1114MOTION for Sadaf Doost to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-28268159. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Center for Constitutional Rights. (Attachments: # 1 Affidavit Affidavit of Sadaf Doost, # 2 Supplement California Supreme Court Certificate of Good Standing, # 3 Proposed Order Proposed Order to Appear PHV).(Doost, Sadaf) (Entered: 09/11/2023)
2023-09-11>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Sadaf Doost to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28268159. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (va) (Entered: 09/11/2023)
2023-09-2015ORDER FOR ADMISSION PRO HAC VICE granting 10 Motion for Christopher Godshall-Bennett to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Naomi Reice Buchwald on 9/20/2023) (mml) (Entered: 09/20/2023)
2023-09-2016ORDER FOR ADMISSION PRO HAC VICE granting 14 Motion for Sadaf Doost to Appear Pro Hac Vice. IT IS HEREBY ORDERED that Applicant is admitted to practice Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of the Court, including the Rules governing discipline of attorneys. (Signed by Judge Naomi Reice Buchwald on 9/20/2023) (mml) (Entered: 09/20/2023)
2023-09-2017NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 09/20/2023)
2023-09-2018LETTER MOTION for Extension of Time to file the Governments response to the Complaint addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated September 20, 2023. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 09/20/2023)
2023-09-2119NOTICE OF APPEARANCE by Jonathan Wells Dixon on behalf of Center for Constitutional Rights..(Dixon, Jonathan) (Entered: 09/21/2023)
2023-09-2120ORDER granting 18 Letter Motion for Extension of Time. Application granted. (Signed by Judge Naomi Reice Buchwald on 9/21/2023) (tg) (Entered: 09/21/2023)
2023-09-21Set/Reset Deadlines: United States Department of Defense answer due 10/23/2023; United States Department of Homeland Security answer due 10/23/2023; United States Department of State answer due 10/23/2023. (tg) (Entered: 09/21/2023)
2023-10-2321ANSWER to 1 Complaint,. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 10/23/2023)
2023-12-1322STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 12/13/2023)
2023-12-1423MEMO ENDORSEMENT: on re: 22 Status Report filed by United States Department of Defense, United States Department of State, United States Department of Homeland Security. ENDORSEMENT: Application Granted. (Signed by Judge Naomi Reice Buchwald on 12/14/2023) (ama) (Entered: 12/14/2023)
2024-02-0224LETTER MOTION for Extension of Time to File Joint Status Report addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated February 2, 2024. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 02/02/2024)
2024-02-0525ORDER granting 24 Letter Motion for Extension of Time to File. Application granted. (Signed by Judge Naomi Reice Buchwald on 2/5/2024) (rro) (Entered: 02/05/2024)
2024-02-1426NOTICE OF APPEARANCE by Golnaz Fakhimi on behalf of Center for Constitutional Rights..(Fakhimi, Golnaz) (Entered: 02/14/2024)
2024-02-1627STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 02/16/2024)
2024-04-0528STATUS REPORT. Document filed by Center for Constitutional Rights..(Doost, Sadaf) (Entered: 04/05/2024)
2024-04-0829MEMO ENDORSEMENT on re: 28 Status Report filed by Center for Constitutional Rights. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/8/2024) (va) (Entered: 04/08/2024)
2024-05-1030STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 05/10/2024)
2024-05-1631LETTER addressed to Judge Naomi Reice Buchwald from Sadaf Doost dated 05_16_24 re: Pre-motion Conference. Document filed by Center for Constitutional Rights..(Doost, Sadaf) (Entered: 05/16/2024)
2024-05-2132LETTER addressed to Judge Naomi Reice Buchwald from Elizabeth J. Kim dated May 21, 2024 re: Opposition to Plaintiff's Pre-Motion Conference Letter, Dkt No. 31. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 05/21/2024)
2024-06-1333ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald United States District Judge dated 6/13/2024 re: Center for Constitutional Rights v. U.S. Department of Defense. ENDORSEMENT: We are in receipt of plaintiffs pre-motion letter, dated May 16, 2024, and defendants responsive letter, dated May 21, 2024. ECF Nos. 31-32. At present, the Court is not inclined to grant plaintiffs request requiring defendants to produce or process a certain number of pages of responsive records per month. However, the Court directs the U.S. Attorneys Office to submit, on behalf of its client agencies, a scheduling proposal that sets forth a reasonably practicable rate of production of responsive documents.. (Signed by Judge Naomi Reice Buchwald on 6/13/2024) (ks) (Entered: 06/13/2024)
2024-06-2434STATUS REPORT. Document filed by United States Department of Defense, United States Department of Homeland Security, United States Department of State..(Kim, Elizabeth) (Entered: 06/24/2024)
2024-06-2535ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald United States District Judge dated 6/25/24 re: Center for Constitutional Rights v. U.S. Department of Defense 23 Civ. 7689 (NRB). ENDORSEMENT: We are in receipt of the parties' joint status report submitted on June 24, 2024. ECF No. 34.The Court acknowledges that we did not appreciate the distinction between the terms "production"and "processing" in this specific context. We write to clarify that we intended to direct the U.S. Attorney's Office to submit a scheduling proposal that sets forth a reasonably practicable rate at which its client agencies will process, rather than produce, responsive documents. (Signed by Judge Naomi Reice Buchwald on 6/25/24) (yv) (Entered: 06/26/2024)
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