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Case TitleNEW JERSEY OFFICE OF THE PUBLIC DEFENDER v. UNITED STATES DEPARTMENT OF HOMELAND SECURITY et al
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2023cv03019
Date Filed2023-10-11
Date ClosedOpen
JudgeJudge Randolph D. Moss
PlaintiffNEW JERSEY OFFICE OF THE PUBLIC DEFENDER
Case DescriptionThe New Jersey Office of the Public Defender sent a FOIA request to U.S. Immigration and Customs Enforcement for records concerning I-247 and I-247Ddetainer forms issued against removable New Jersey aliens from October 2021 to the present. NJOPD also requested a fee waiver. The agency acknowledged receipt of the request. The agency told NJOPD that it needed A numbers to identify the detainees. NJOPD told ICE that it did not have A numbers. After hearing nothing further from the agency, NJOPD filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF HOMELAND SECURITY
DefendantUNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-111COMPLAINT against All Defendants ( Filing fee $ 402 receipt number ADCDC-10412006) filed by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Summons, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons)(Gutman, Jeffrey) (Entered: 10/11/2023)
2023-10-11Case Assigned to Judge Randolph D. Moss. (znmw) (Entered: 10/11/2023)
2023-10-112SUMMONS (4) Issued Electronically as to UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(znmw) (Entered: 10/11/2023)
2023-10-113STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 10/11/2023. (lcrdm3) (Entered: 10/11/2023)
2023-11-064NOTICE of Appearance by M. Jared Littman on behalf of All Defendants (Littman, M.) (Entered: 11/06/2023)
2023-11-065RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT served on 10/20/2023 (Gutman, Jeffrey) (Main Document 5 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-066RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. UNITED STATES DEPARTMENT OF HOMELAND SECURITY served on 10/18/2023 (Gutman, Jeffrey) (Main Document 6 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-067RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 10/19/2023. (Gutman, Jeffrey) (Main Document 7 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-068RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 10/19/2023. Answer due for ALL FEDERAL DEFENDANTS by 11/18/2023. (Gutman, Jeffrey) (Main Document 8 replaced on 11/7/2023) (zjm). (Entered: 11/06/2023)
2023-11-139Consent MOTION for Extension of Time to Respond to Plaintiff's Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 11/13/2023)
2023-11-15MINUTE ORDER: Upon consideration of Defendants' consent motion for extension of time to respond, Dkt. 9 , it is hereby ORDERED that the motion is GRANTED. Defendants shall respond to the complaint in this matter on or before December 20, 2023. Signed by Judge Randolph D. Moss on 11/15/2023. (lcrdm3) (Entered: 11/15/2023)
2023-12-1910ANSWER to Complaint by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT.(Littman, M.) (Entered: 12/19/2023)
2023-12-20MINUTE ORDER: It is ORDERED that, on or before January 19, 2024, the parties shall confer and file a joint status report addressing (1) any documents still to be produced pursuant to FOIA; (2) an anticipated schedule for processing and producing any such documents; and (3) any substantive areas of disagreement between the parties. It is FURTHER ORDERED that the parties shall appear for an Initial Scheduling Conference on February 2, 2024, at 10:00 a.m., in Courtroom 8, before Judge Randolph D. Moss. Signed by Judge Randolph D. Moss on 12/20/2023. (lcrdm3) (Entered: 12/20/2023)
2024-01-1911Joint STATUS REPORT by UNITED STATES DEPARTMENT OF HOMELAND SECURITY, UNITED STATES IMMIGRATION AND CUSTOMS ENFORCEMENT. (Littman, M.) (Entered: 01/19/2024)
2024-01-21MINUTE ORDER: Upon consideration of the parties' joint status report, Dkt. 11 , it is hereby ORDERED that the parties shall file a further joint status report on or before March 4, 2024. Signed by Judge Randolph D. Moss on 1/21/2024. (lcrdm3) (Entered: 01/21/2024)
2024-01-3012Unopposed MOTION for Order to Remove Status Hearing from Calendar by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER. (Attachments: # 1 Text of Proposed Order)(Gutman, Jeffrey) (Entered: 01/30/2024)
2024-01-30MINUTE ORDER: Upon consideration of Plaintiff's unopposed motion to remove status hearing from calendar, Dkt. 12 , it is hereby ORDERED that the motion is GRANTED. The hearing scheduled for February 2, 2024 is hereby VACATED. Signed by Judge Randolph D. Moss on 1/30/2024. (lcrdm3) (Entered: 01/30/2024)
2024-01-3113MOTION for Leave to Appear of Law Student Certification by NEW JERSEY OFFICE OF THE PUBLIC DEFENDER (Gutman, Jeffrey) Modified on 2/1/2024 to correct event (zjm). (Entered: 01/31/2024)
2024-02-0514MINUTE ORDER: Upon consideration of Plaintiff's motion for leave to appear of law student certification, Dkt. 13 , it is hereby ORDERED that the motion is GRANTED. See document for details. Signed by Judge Randolph D. Moss on 2/5/2024. (lcrdm3) (Entered: 02/05/2024)
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