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Case TitleInternational Refugee Assistance Project, Inc. v. United States Citizenship and Immigration Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv09604
Date Filed2023-11-01
Date Closed2024-11-12
JudgeJudge Katherine Polk Failla
PlaintiffInternational Refugee Assistance Project, Inc.
Case DescriptionInternational Refugee Assistance Project submitted a FOIA request to U.S. Citizenship and Immigration Services for records concerning how and when USCIS issues RFEs and NOIDs to determine eligibility for family-based immigration benefits. IRAP also requested a fee waiver. The agency acknowledged receipt of the request. The agency granted IRAP's fee waiver request. After hearing nothing further from the agency, IRAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Citizenship and Immigration Services
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [11]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-011COMPLAINT against United States Citizenship and Immigration Services. (Filing Fee $ 402.00, Receipt Number ANYSDC-28508665)Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit FOIA Request).(Zaretsky, Alexandra) (Entered: 11/01/2023)
2023-11-012CIVIL COVER SHEET filed..(Zaretsky, Alexandra) (Entered: 11/01/2023)
2023-11-013RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc...(Zaretsky, Alexandra) (Entered: 11/01/2023)
2023-11-014REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc...(Zaretsky, Alexandra) (Entered: 11/01/2023)
2023-11-02***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Alexandra Zaretsky. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code Albany;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to New York;. (jgo) (Entered: 11/02/2023)
2023-11-02CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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: 11/02/2023)
2023-11-02Magistrate Judge Stewart D. Aaron is designated to handle matters that may be referred in this case. 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: 11/02/2023)
2023-11-02Case Designated ECF. (jgo) (Entered: 11/02/2023)
2023-11-025ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services..(jgo) (Entered: 11/02/2023)
2023-11-096NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/30/2024 at 02:30 PM before Judge Katherine Polk Failla. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/9/2023) (vfr) (Entered: 11/09/2023)
2023-11-277NOTICE OF APPEARANCE by Mariko Hirose on behalf of International Refugee Assistance Project, Inc...(Hirose, Mariko) (Entered: 11/27/2023)
2023-12-018AFFIDAVIT OF SERVICE (FOIA CASE). United States Citizenship and Immigration Services served on 11/16/2023, answer due 12/18/2023. Service was made by MAIL. Document filed by International Refugee Assistance Project, Inc...(Zaretsky, Alexandra) (Entered: 12/01/2023)
2023-12-139ANSWER to 1 Complaint,. Document filed by United States Citizenship and Immigration Services..(Beamer, Monica) (Entered: 12/13/2023)
2023-12-1410LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Monica Beamer dated 12/14/2023. Document filed by United States Citizenship and Immigration Services..(Beamer, Monica) (Entered: 12/14/2023)
2023-12-1511ORDER granting 10 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled for January 30, 2024, is hereby ADJOURNED sine die. The parties shall provide the Court with a status report on or before February 16, 2024. The Clerk of Court is directed to terminate the pending motion at docket number 10. (Signed by Judge Katherine Polk Failla on 12/15/2023) (rro) (Entered: 12/15/2023)
2024-02-1612STATUS REPORT. Document filed by United States Citizenship and Immigration Services..(Beamer, Monica) (Entered: 02/16/2024)
2024-02-2013MEMO ENDORSEMENT on re: 12 Status Report filed by United States Citizenship and Immigration Services. ENDORSEMENT: Application GRANTED. The Court appreciates the Government's status report. (Dkt. #12). The parties shall provide the Court with a status report on or before March 18, 2024. (Signed by Judge Katherine Polk Failla on 2/20/2024) (rro) (Entered: 02/20/2024)
2024-03-1814NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 03/18/2024)
2024-03-1815STATUS REPORT. (joint) and proposal for further status report by April 19 Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 03/18/2024)
2024-03-1916MEMO ENDORSEMENT on re: 15 Status Report filed by United States Citizenship and Immigration Services. ENDORSEMENT: Application GRANTED. In light of the Government's representation that it will complete its processing of the results of its supplemental search on or before May 13, 2024, the parties shall provide the Court with a further status report on or before May 16, 2024. (Signed by Judge Katherine Polk Failla on 3/19/2024) (rro) (Entered: 03/19/2024)
2024-04-2517CONSENT MOTION for Mariko Hirose to Withdraw as Attorney . Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Proposed Order Granting Consent Motion to Withdraw Appearance of Mariko Hirose).(Hirose, Mariko) (Entered: 04/25/2024)
2024-04-2618ORDER GRANTING CONSENT MOTION TO WITHDRAW APPEARANCE OF MARIKO HIROSE granting 17 CONSENT MOTION for Mariko Hirose to Withdraw as Attorney.The Court wishes Ms. Hirose well in her future endeavors. The Clerk of Court is directed to terminate Ms. Hirose as counsel of record to Plaintiff, and to further terminate the pending motion at docket entry 17. Attorney Mariko Hirose terminated. (Signed by Judge Katherine Polk Failla on 4/26/2024) (jca) (Entered: 04/26/2024)
2024-05-1619STATUS REPORT. and proposal for further status report by July 12, 2024 Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 05/16/2024)
2024-05-1720MEMO ENDORSEMENT on re: 19 Status Report filed by United States Citizenship and Immigration Services ENDORSEMENT Application GRANTED. The parties shall provide the Court with a further status report on or before July 12, 2024. SO ORDERED. (Signed by Judge Katherine Polk Failla on 5/17/2024) (jca) (Entered: 05/17/2024)
2024-07-1221STATUS REPORT. (joint) and proposal for further status report by August 12, 2024 Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 07/12/2024)
2024-07-1522MEMO ENDORSEMENT on re: 21 Status Report filed by United States Citizenship and Immigration Services. ENDORSEMENT: Application GRANTED. The parties shall provide the Court with a furtherstatus report on or before August 12, 2024. (Signed by Judge Katherine Polk Failla on 7/15/2024) (rro) (Entered: 07/15/2024)
2024-08-1223STATUS REPORT. (joint) and proposal for further status report by September 12, 2024 Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 08/12/2024)
2024-08-1324MEMO ENDORSEMENT on re: 23 Status Report filed by United States Citizenship and Immigration Services. ENDORSEMENT: Application GRANTED. The parties shall provide the Court with a further status report on or before September 12, 2024. SO ORDERED. (Signed by Judge Katherine Polk Failla on 8/13/2024) (sgz) Modified on 8/15/2024 (sgz). (Entered: 08/13/2024)
2024-08-1425NOTICE OF APPEARANCE by Deepa Alagesan on behalf of International Refugee Assistance Project, Inc...(Alagesan, Deepa) (Entered: 08/14/2024)
2024-08-1426CONSENT MOTION for Alexandra Zaretsky to Withdraw as Attorney . Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Proposed Order Proposed Order).(Zaretsky, Alexandra) (Entered: 08/14/2024)
2024-08-1527MEMO ENDORSEMENT granting 26 CONSENT MOTION for Alexandra Zaretsky to Withdraw as Attorney. ENDORSEMENT The Court wishes Ms. Zaretsky well in her future endeavors. The Clerk of Court is directed to terminate the pending motion at docket entry 26. Attorney Alexandra Zaretsky terminated. (Signed by Judge Katherine Polk Failla on 8/15/2024) (jca) (Entered: 08/15/2024)
2024-09-1628STATUS REPORT. (joint) and proposal for further status report by October 15, 2024 Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 09/16/2024)
2024-09-1829MEMO ENDORSEMENT on re: 28 Status Report filed by United States Citizenship and Immigration Services. ENDORSEMENT: Application GRANTED. The parties shall provide the Court with a further status report on or before October 15, 2024. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/18/2024) (sgz) (Entered: 09/18/2024)
2024-10-1530STATUS REPORT. (joint) and proposal for further status report by November 15, 2024 Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 10/15/2024)
2024-10-1631MEMO ENDORSEMENT on re: 30 Status Report filed by United States Citizenship and Immigration Services. ENDORSEMENT: Application GRANTED. The parties shall provide the Court with a further status report on or before November 15, 2024. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/16/2024) (sgz) (Entered: 10/16/2024)
2024-11-0832JOINT LETTER addressed to Judge Katherine Polk Failla from Peter Aronoff dated 11/08/2024 re: notifying the Court of settlement. Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 11/08/2024)
2024-11-0833PROPOSED STIPULATION AND ORDER. Document filed by United States Citizenship and Immigration Services..(Aronoff, Peter) (Entered: 11/08/2024)
2024-11-1234STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. Within a reasonable time after the Court has endorsed and docketed this Stipulation and Order, Defendant shall pay to Plaintiff the sum of fourteen thousand, five hundred dollars ($14,500) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiff for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information to counsel for Defendant to effectuate the transfer. 2. Plaintiff releases and discharges Defendant and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that Plaintiff asserted, or could have asserted, in this litigation arising out of Plaintiff's Request. 3. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. 4. Nothing in this Stipulation and Order shall constitute an admission that Defendant is liable for any attorneys fees or litigation costs, or that Plaintiff "substantially prevailed" in this action under 5 U.S.C. § 552(a)(4)(E), or is entitled to or eligible for any attorneys' fees or litigation costs. Nor is it an admission that the amount here agreed upon covers all of the time that could, in Plaintiff's view, be compensable as attorneys' fees and litigation costs in this action. Rather, this Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims regarding attorneys fees and litigation costs in this case and avoiding the expenses and risks of further litigation concerning Plaintiffs claims for attorneys' fees and litigation costs. This Stipulation and Order is non-precedential with respect to any other proceeding involving the parties, including, but not limited to, any other FOIA action or administrative proceeding, and shall have no effect or bearing on any pending or future request for records made by Plaintiff under FOIA. 5. This Stipulation and Order contains the entire agreement between the parties, and no statement, representation, promise, or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect. 6. This Stipulation and Order may be executed in counterparts. Facsimile or pdf signatures shall constitute originals. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 11/12/2024) (sgz) (Entered: 11/12/2024)
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