Behar v. U.S. Department of Homeland Security
Plaintiff: Richard Behar
Defendant: U.S. Department of Homeland Security
Case Number: 1:2017cv08153
Filed: October 23, 2017
Court: US District Court for the Southern District of New York
Office: Foley Square Office
Presiding Judge: Lewis A. Kaplan
Nature of Suit: Freedom of Information Act
Cause of Action: 05 U.S.C. ยง 552
Jury Demanded By: None

Available Case Documents

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Date Filed Document Text
August 7, 2020 Opinion or Order Filing 83 ORDER granting in part and denying in part 82 LETTER MOTION to Stay re: 80 Order on Motion for Summary Judgment, Pending Consideration of Appeal and, if a Timely Notice of Appeal Is Filed, Pending Final Disposition of Appeal. In view of plaintif fs' lack of position, application granted only to the extent that the August 4 order is modified by making the deadline for release of the documents October 5, 2020 but otherwise denied. (Signed by Judge Lewis A. Kaplan on 8/7/2020) (jca)
August 4, 2020 Opinion or Order Filing 81 CLERK'S JUDGMENT re: 80 Order on Motion for Summary Judgment in favor of Richard Behar against U.S. Department of Homeland Security. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated August 4, 2020, the government's motion for summary judgment is denied, and the plaintiff's cross-motion for summary judgment is granted; accordingly, the cases are closed. (Signed by Clerk of Court Ruby Krajick on 8/4/2020) (Attachments: # 1 Right to Appeal) (km)
March 3, 2020 Opinion or Order Filing 75 ORDER: As stated at oral argument on March 3, 2020, the government is ordered to produce the materials identified as responsive to plaintiffs FOIA request for in camera review on or before March 10, 2020. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 3/3/2020) (jca)
February 28, 2020 Opinion or Order Filing 74 MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM of Anna Windemuth. ENDORSEMENT: Consent of Judge: I authorize this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge Lewis A. Kaplan on 2/28/2020) (jca)
February 19, 2020 Opinion or Order Filing 71 ORDER: Oral argument regarding the parties' motions for summary judgment [17-cv-8153, DI 54, 58] will be heard on March 3 at 10:30 A.M. SO ORDERED. (Oral Argument set for 3/3/2020 at 10:30 AM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 2/19/2020) (jca)
August 15, 2019 Opinion or Order Filing 49 MEMORANDUM OPINION re: (30 in 1:17-cv-08153-LAK) CROSS MOTION for Summary Judgment by Plaintiff Richard Behar. filed by Richard Behar, (27 in 1:17-cv-08153-LAK) MOTION for Summary Judgment . filed by U.S. Department of Homel and Security, (12 in 1:18-cv-07516-LAK) MOTION for Summary Judgment . filed by Department of Homeland Security. For the foregoing reasons, defendant's motions for summary judgment [l 7-cv-8153, DI 27 and 18-cv-7516, DI 12] are grant ed to the extent that plaintiffs claims for disclosure of records reflecting names and other information pertaining to law enforcement personnel are dismissed and denied in all other respects. Plaintiffs cross motion [17-cv-8153, DI 30] is denied in all respects. This ruling is without prejudice to defendant renewing its motion, on or before October 15, 2019, on the basis of revised Vaughn submissions taking into account the deficiencies identified above and without prejudice also to a renewed c ross motion by plaintiff taking into account defendant's revised submissions. Any such cross motion shall be filed on or before November 15, 2019. The Clerk shall terminate the pending motions. SO ORDERED. (Motions due by 10/15/2019., Responses due by 11/15/2019) (Signed by Judge Lewis A. Kaplan on 8/15/2019) (kv)
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Plaintiff: Richard Behar
Represented By: John Langford
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Defendant: U.S. Department of Homeland Security
Represented By: Casey Kyung-Se Lee
Represented By: Sarah Sheive Normand
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