Austin Sanctuary Network et al v. United States Immigration and Customs Enforcement et al
| Austin Sanctuary Network, Free Migration Project, Grassroots Leadership and Center for Constitutional Rights |
| U.S. Immigration Customs Enforcement, United States Department of the Treasury, Executive Office For Immigration Review, United States Department of Justice Executive Office for Immigration Review and United States Immigration and Customs Enforcement |
| 1:2020cv01686 |
| February 26, 2020 |
| US District Court for the Southern District of New York |
| Lewis J Liman |
| Freedom of Information Act |
| 05 U.S.C. § 552 |
| None |
Docket Report
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Filing 24
ORDER. Defendants have asked the Court to reconsider its order of April 13, 2020 ("April 13 Order"), which was entered prior to Defendants' submission of the same date. Plaintiffs ask the Court to adhere to that April 13 Order. The Court has carefully considered the arguments set forth in the letters submitted by the parties and presented in oral argument today. See Dkt. Nos. 18-22. For the reasons that follow, the Court modifies the April 13 Order as follows: 1. Defendant Department of Treasury ("DOT") may make its initial production in response to the FOIA request by the original date of April 27, 2020 and need not make a production by April 22, 2020. Defendants seek that relief and Plaintiffs do not object, and as further specified and set forth in this order. At oral argument today, counsel representing Defendant ICE was unable to offer specifics as to why ERO would be unable to assemble the requisite documents in sufficient time to meet the April 22 deadline as opposed to the April 27 deadline originally ordered. To be clear, this Order shall not require Defendants to include in their initial production documents beyond those yielded by the search terms. So ordered. (Signed by Judge Lewis J. Liman on 4/14/2020) (rjm)
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Filing 23
ORDER: It is hereby ORDERED that a status conference is scheduled for April 14, 2020 at 5:30 p.m. to discuss the parties' submissions and the Court's April 13 Order. The parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts. ( Telephone Conference set for 4/14/2020 at 05:30 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 4/14/2020) (tro)
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Filing 22
LETTER REPLY to Response to Motion addressed to Judge Lewis J. Liman from Alina Das dated 4/14/2020 re: #18 LETTER MOTION to Expedite Deadline for Initial Production addressed to Judge Lewis J. Liman from Alina Das dated 04/09/2020. . Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina)
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Filing 21
LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 13, 2020 re: Defendants' response to Plaintiffs' letter dated April 9. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander)
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Filing 20
LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated April 13, 2020 re: Court's April 13, 2020, order. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander)
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Filing 19
ORDER granting #18 Letter Motion to Expedite. It is hereby ORDERED that Defendants will make their initial production of documents by April 22, 2020, including the documents that were prepared for, consulted, or used with or given to the Washington Times regarding the nine individuals. The status previously scheduled for April 29, 2020 will take place at that date and that time and will proceed by telephone. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101 and follow the necessary prompts. SO ORDERED. (Signed by Judge Lewis J. Liman on 4/13/2020) (va)
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Set/Reset Hearings: Telephone Conference set for 4/29/2020 at 04:00 PM before Judge Lewis J. Liman. (va)
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Filing 18
LETTER MOTION to Expedite Deadline for Initial Production addressed to Judge Lewis J. Liman from Alina Das dated 04/09/2020. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: #1 Exhibit Correspondence, #2 Exhibit Declaration of Daniel Lee, #3 Text of Proposed Order Proposed Order).(Das, Alina)
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Filing 17
ANSWER to #1 Complaint,. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander)
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Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 3/17/2020 by Telephone Conference. Lauren Wilfong, Alina Das, Daniel Lee, Ghita Schwarz, and Lupe Aguirre present by telephone for Plaintiffs. Alexander Hogan present by telephone for Defendants. Court reporter present by telephone. (mf)
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Filing 16
ORDER: It is hereby ORDERED that Defendants will make a first production of documents in response to the Freedom of Information Act request by April 27, 2020. IT IS FURTHER ORDERED that a status conference is scheduled for April 29, 2020 at 4:00 p.m. to discuss the schedule for further monthly productions from Defendants and for summary judgment briefing. So ordered. (Status Conference set for 4/29/2020 at 04:00 PM before Judge Lewis J. Liman). (Signed by Judge Lewis J. Liman on 3/17/2020) (rjm)
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Filing 15
MEMO ENDORSEMENT on re: #14 Letter, filed by Center for Constitutional Rights, Free Migration Project, Grassroots Leadership, Austin Sanctuary Network. ENDORSEMENT: I authorize this student: (a) to appear in court or at other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. Name of intern Lauren Wilfong. (Signed by Judge Lewis J. Liman on 3/17/2020) (va) Modified on 3/20/2020 (va).
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Filing 14
LETTER addressed to Judge Lewis J. Liman from Alina Das dated 03/17/2020 re: Law Student Appearance Forms. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: #1 Exhibit Law Student Appearance Form for Lauren Wilfong, #2 Exhibit Law Student Appearance Form for Daniel Lee).(Das, Alina)
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Filing 13
LETTER addressed to Judge Lewis J. Liman from Alexander J. Hogan dated March 16, 2020 re: March 17, 2020 conference. Document filed by United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander)
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Filing 12
NOTICE OF APPEARANCE by Alexander James Hogan on behalf of United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(Hogan, Alexander)
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Filing 11
ORDER denying #10 Letter Motion to Adjourn Conference. It is hereby ORDERED that the request to adjourn the conference scheduled for March 17, 2020 at 3:00 p.m. is DENIED. The parties shall be prepared to discuss the request for production and a briefing schedule. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/13/2020) (va)
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ORDER: The Initial Pretrial Conference scheduled for March 17, 2020 at 3:00PM will now proceed by TELEPHONE CONFERENCE. Parties are directed to dial in to the Court's teleconference number at 888-251-2909, Access Code 2123101 and follow the necessary prompts. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf)
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Filing 10
JOINT MOTION to Adjourn Conference and Plaintiffs' Request for Production and Briefing Order. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership. (Attachments: #1 Exhibit Production Orders, #2 Text of Proposed Order Plaintiffs' Proposed Order).(Das, Alina)
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Filing 9
AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Justice Executive Office for Immigration Review served on 3/4/2020, answer due 3/25/2020; United States Department of the Treasury served on 3/4/2020, answer due 3/25/2020; United States Immigration and Customs Enforcement served on 3/4/2020, answer due 3/25/2020. Service was accepted by Osrick Gordon, Civil Clerk. Document filed by Center for Constitutional Rights; Austin Sanctuary Network; Grassroots Leadership; Free Migration Project..(Schwarz, Ghita)
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Filing 8
ELECTRONIC SUMMONS ISSUED as to United States Department of Justice Executive Office for Immigration Review, United States Department of the Treasury, United States Immigration and Customs Enforcement..(dnh)
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Filing 7
NOTICE OF APPEARANCE by Alina Das on behalf of Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Das, Alina)
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Filing 6
REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, United States Department of the Treasury, and United States Department of Justice Executive Office for Immigration Review, re: #1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ghita Schwarz to RE-FILE Document No. #5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; party names listed in the defendant 'To:' section of the summons PDF must exactly match the party of record. Do not abbreviate party names. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh)
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Filing 5
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Immigration and Customs Enforcement, United States Department of the Treasury, and United States Department of Justice Executive Office for Immigration Review, re: #1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) Modified on 3/2/2020 (dnh).
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Filing 4
ORDER: Initial Conference set for 3/17/2020 at 03:00 PM in Courtroom 15C, 500 Pearl Street, New York, NY 10007 before Judge Lewis J. Liman. (Signed by Judge Lewis J. Liman on 2/28/2020) (va)
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Case Designated ECF. (pc)
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Magistrate Judge Stewart D. Aaron 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. (pc)
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CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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..(pc)
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***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Ghita Schwarz to RE-FILE Document No. #3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Party names must exactly match what is listed on the complaint caption title (no acronyms);. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc)
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***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Ghita Schwarz. The party information for the following party/parties has been modified: U.S. Immigration Customs Enforcement, Executive Office For Immigration Review. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc)
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Filing 3
FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration Customs and Enforcement Agency, U.S. Department of the Treasury, U.S. Department of Justice Executive Office for Immigration Review, re: #1 Complaint,. Document filed by Austin Sanctuary Network, Center for Constitutional Rights, Free Migration Project, Grassroots Leadership..(Schwarz, Ghita) Modified on 2/27/2020 (pc).
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Filing 2
CIVIL COVER SHEET filed..(Schwarz, Ghita)
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Filing 1
COMPLAINT against Executive Office For Immigration Review, U.S. Immigration Customs Enforcement, United States Department of the Treasury. (Filing Fee $ 400.00, Receipt Number ANYSDC-18924463)Document filed by Center for Constitutional Rights, Austin Sanctuary Network, Grassroots Leadership, Free Migration Project..(Schwarz, Ghita)
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