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Case TitleLong et al v. U.S. Immigration and Customs Enforcement et al
DistrictNorthern District of New York
CitySyracuse Syracuse
Case Number5:2023cv01564
Date Filed2023-12-12
Date ClosedOpen
JudgeJudge David N. Hurd
PlaintiffSusan B. Long
PlaintiffDavid Burnham
PlaintiffTRAC Reports, Inc.
Case DescriptionSusan Long, David Burnham and TRAC submitted a FOIA request to U.S. Immigration and Customs Enforcement for records concerning field and table information stored in the EID and IIDS databases. The agency acknowledged receipt of the request. Long, Burnham and TRAC also submitted a FOIA request to U.S. Customs and Border Protection for records concerning person-to-person data on each individual encountered by CBP. Both requests asked for a fee waiver. The agency acknowledged receipt of the request to CBP. After hearing nothing further from the agency, Long, Burnham, and TRAC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Immigration and Customs Enforcement
DefendantU.S. Customs and Border Protection
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-121COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement (Filing fee $405 receipt number ANYNDC-6543848) filed by Susan B. Long, David Burnham, and TRAC Reports, Inc. (Attachments: # 1 Civil Cover Sheet)(see) (Entered: 12/13/2023)
2023-12-122FRCP 7.1 CORPORATE DISCLOSURE STATEMENT by TRAC Reports, Inc. (see) (Entered: 12/13/2023)
2023-12-13CLERK'S CORRECTION OF DOCKET ENTRY as to 2 Summons Issued event. Clerk removed the summonses issued event so that document no. 2 could be the Corporate Disclosure, which was filed on 12/12/2023. Therefore the documents will appear in chronological order based upon file date. (see) (Entered: 12/13/2023)
2023-12-133Summonses Issued as to U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons for U.S. Customs and Border Protection, # 2 Summons for U.S. Attorney General, # 3 Summons for U.S. Attorney)(see) (Entered: 12/13/2023)
2023-12-134G.O. 25 FILING ORDER ISSUED: Initial Conference set for 3/12/2024 at 09:30 AM by telephone before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 3/5/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (see) (Entered: 12/13/2023)
2023-12-135NOTICE OF ADMISSION REQUIREMENT as to Party plaintiffs; Attorney Nicolas Sansone and Michael T. Kirkpatrick, Email address is nsansone@citizen.org. Phone number is (202) 588-7714. Admissions due by 12/27/2023. {Attorneys emailed a copy of letter and GO25 on 12/13/2023}(see) (Entered: 12/13/2023)
2023-12-146MOTION for Limited Admission Pro Hac Vice of Michael T. Kirkpatrick Filing fee $100, receipt number ANYNDC-6546620. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: # 1 Exhibit(s) Pet. for Admission to Practice, # 2 Declaration of Sponsor, # 3 Exhibit(s) Attorney E-Filing Registration Form, # 4 Exhibit(s) Cert. of Good Standing) Motions referred to Therese Wiley Dancks. (Peng, John) (Entered: 12/14/2023)
2023-12-147MOTION for Limited Admission Pro Hac Vice of Nicolas Sansone Filing fee $100, receipt number ANYNDC-6546638. [THIS DOCUMENT IS RESTRICTED AND VIEWABLE BY COURT USERS ONLY] (Attachments: # 1 Exhibit(s) Pet. for Admission to Practice, # 2 Declaration of Sponsor, # 3 Exhibit(s) Attorney E-Filing Registration Form, # 4 Exhibit(s) Cert. of Good Standing) Motions referred to Therese Wiley Dancks. (Peng, John) (Entered: 12/14/2023)
2023-12-148TEXT ORDER granting 6 Motion for Limited Admission Pro Hac Vice of Michael Kirkpatrick. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/14/2023. (sg) (Entered: 12/14/2023)
2023-12-149TEXT ORDER granting 7 Motion for Limited Admission Pro Hac Vice of Nicolas Sansone. Counsel is hereby advised that as of January 16, 2018, the NYND has converted to NextGen. Due to this conversion, you must now register for Pro Hac Vice access through your PACER account. This is the only notice you will receive concerning this requirement. You will not have access to electronically file in this case until your Pro Hac Vice request has been processed through the PACER system. Step-by-step instructions on how to complete this process are available at http://www.nynd.uscourts.gov/attorney-admissions-nextgen. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 12/14/2023. (sg ) (Entered: 12/14/2023)
2023-12-1410NOTICE OF APPEARANCE by Michael T. Kirkpatrick on behalf of All Plaintiffs (Kirkpatrick, Michael) (Entered: 12/14/2023)
2023-12-2011NOTICE OF APPEARANCE by Nicolas Sansone on behalf of All Plaintiffs (Sansone, Nicolas) (Entered: 12/20/2023)
2023-12-2812AFFIDAVIT of Service for Summons and Complaint and related documents served on U.S. Immigration and Customs Enforcement, U.S. Customs and Border Protection, U.S. Attorney General, U.S. Attorney for N.D.N.Y. on 12/18/2023, filed by David Burnham, Susan B. Long, TRAC Reports, Inc.. (Kirkpatrick, Michael) (Entered: 12/28/2023)
2024-01-02***Answer due date updated for U.S. Customs and Border Protection answer due 2/16/2024; U.S. Immigration and Customs Enforcement answer due 2/16/2024. (see) (Entered: 01/02/2024)
2024-01-0213Letter Motion from Plaintiffs Susan B. Long, David Burnham, and TRAC Reports, Inc. for David Burnham, Susan B. Long, TRAC Reports, Inc. requesting Correction to Answer Due Date submitted to Judge David N. Hurd . (Sansone, Nicolas) (Entered: 01/02/2024)
2024-01-0314ORDER GRANTING CORRECTION OF ANSWER DEADLINE. Pursuant to the Order of the Hon. David N. Hurd, USDJ, Granting 13 Letter Motion from Plaintiffs requesting a correction to the Answer Due Date, the Defendants shall NOW answer or otherwise move on before January 17, 2024, pursuant to 5 U.S.C. § 552(a)(4)(C). Signed by Judge David N. Hurd on 1/3/2024. (ptm) (Entered: 01/03/2024)
2024-01-1115NOTICE OF APPEARANCE by David M. Katz on behalf of U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement (Katz, David) (Entered: 01/11/2024)
2024-01-1116Letter Motion from AUSA David Katz for U.S. Customs and Border Protection, U.S. Immigration and Customs Enforcement requesting an Extension of the Response Deadline submitted to Judge Therese Wiley Dancks . (Katz, David) (Entered: 01/11/2024)
2024-01-1217TEXT ORDER: Court reviewed defendants' letter request (Dkt. No. 16 ) for an extension of time to respond to the complaint and to reschedule the Rule 16 conference and related deadlines. Letter request granted for the reasons stated. Defendants' response to the complaint due 2/27/2024. The Rule 16 conference and related deadlines are adjourned and will be rescheduled in a separate Text Notice. SO ORDERED by Magistrate Judge Therese Wiley Dancks on 1/12/2024. (sg) (Entered: 01/12/2024)
2024-01-12TEXT NOTICE- RESCHEDULING OF R. 16 CONFERENCE: The Telephone Initial Conference HAS BEEN RESCHEDULED for 3/26/2024 at 9:30 AM before Magistrate Judge Therese Wiley Dancks. Civil Case Management Plan must be filed NO LATER THAN 3/19/2024 and Mandatory Disclosures are to be exchanged by the parties on or before 3/19/2024. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (sg) (Entered: 01/12/2024)
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