Case Details

CourtSouthern District of New York
Docket number1:11-cv-03786
Date case filed2011-06-03
Date case closed
Date of latest filing
Assigned toJudge Richard M. Berman
Case cause05:552 Freedom of Information Act
Nature of suit895 Freedom of Information Act
Jury demandNone
Demand
JurisdictionU.S. Government Defendant

Case Parties

Party: American Civil Liberties Union
Party type: Plaintiff
Attorney name: Richard Guy Leland
Attorney Contact:
Fried, Frank, Harris, Shriver & Jacobson
One New York Plaza
New York, NY 10004
(212)859-8000 x8978
Fax: (212)859-4000
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer L Colyer
Attorney Contact:
Fried, Frank, Harris, Shriver & Jacobson
One New York Plaza
New York, NY 10004
212-859-8285
Fax: 212-859-4000
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Judy Rabinovitz
Attorney Contact:
American Civil Liberties Union Foundation (NYC)
125 Broad Street
18th Floor
New York, NY 10004
(212)-549-2618
Fax: (212)-549-26
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Justin Cox
Attorney Contact:
Aclu Immigrants' Rights Project
230 Peachtree Street, Nw, Suite 1440
Atlanta, GA 30303
(404)-523-2721
Fax: (404)-653-0331
Email: [email protected]
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Michael Thomas Tan
Attorney Contact:
ACLU Immigrants' Rights Project
39 Drumm Street
San Francisco, CA 94111
415-343-0779
Fax: (415)-395-0950
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Tanaz Moghadam
Attorney Contact:
Bredhoff & Kaiser, P.L.L.C.
805 15th Street, N.W., Suite 1000
Washington, DC 20005
(212) 842-2600
Fax: (212) 842-1888
Email: [email protected]
TERMINATED: 09/20/2011

Attorney name: Udi Ofer
Attorney Contact:
New York Civil Liberties Union
125 Broad Street, 17th floor
New York, NY 10004
(212) 344-3005
Fax: (212) 344-3318
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: American Civil Liberties Union Foundation
Party type: Plaintiff
Attorney name: Richard Guy Leland
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Jennifer L Colyer
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Judy Rabinovitz
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED

Attorney name: Justin Cox
Attorney Contact:
(See above for address)
PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Tanaz Moghadam
Attorney Contact:
(See above for address)
TERMINATED: 09/20/2011

Attorney name: Udi Ofer
Attorney Contact:
(See above for address)
ATTORNEY TO BE NOTICED
Party: U.S Department of Homeland Security
Party type: Defendant
Attorney name: Louis Anthony Pellegrino
Attorney Contact:
U.S. Attorney Office SDNY
86 Chambers Street
New York, NY 10007
(212) 637-2689
Fax: (212) 637-2686
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: U.S. Immigration and Customs Enforcement
Party type: Defendant
Attorney name: Louis Anthony Pellegrino
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-06-03 COMPLAINT against U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Filing Fee $ 350.00, Receipt Number 1008295)Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C-1, # 4 Exhibit C-2, # 5 Exhibit D, # 6 Exhibit E-T, # 7 Exhibit U-X, # 8 Exhibit Y-FF)(ama) (Entered: 06/06/2011)
1.1 Exhibit A
1.2 Exhibit B
1.3 Exhibit C-1
1.4 Exhibit C-2
1.5 Exhibit D
1.6 Exhibit E-T
1.7 Exhibit U-X
1.8 Exhibit Y-FF
22011-06-03 RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(ama) (Entered: 06/06/2011)
32011-06-07 AFFIDAVIT OF SERVICE of Summons and Complaint,. U.S Department of Homeland Security served on 6/3/2011, answer due 6/24/2011. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 06/07/2011)
42011-06-07 AFFIDAVIT OF SERVICE of Summons and Complaint,. U.S. Immigration and Customs Enforcement served on 6/3/2011, answer due 6/24/2011. Document filed by American Civil Liberties Union; American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 06/07/2011)
52011-06-09 NOTICE OF CASE ASSIGNMENT to Judge Shira A. Scheindlin. Judge Unassigned is no longer assigned to the case. (sjo) (Entered: 06/09/2011)
62011-06-27 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Richard G. Leland dated 6/24/11 re: counsel for plaintiffs respectfully submits this letter in response to Defendants' letter of June 21, 2011 and to provide additional support for this Court's decision to accept this case as a related case. The ACLU respectfully requests that the Court reject the Defendants' request for the Court to reconsider its prior decision to accept the instant case as related to the Pending Cases. ENDORSEMENT: After reviewing Defendants June 21 letter and Plaintiffs June 24 response letter, the Court maintains its decision that 11cv3786 is a related case. (Signed by Judge Shira A. Scheindlin on 6/27/11) (pl) Modified on 6/27/2011 (pl). (Entered: 06/27/2011)
72011-06-27 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis A. Pellegrino dated 6/21/11 re: counsel for defendants write respectfully on behalf of defendants the United States Department of Homeland Security ("DHS"), and United States Immigration and Customs Enforcement ("ICE") (collectively, "Defendants" or the "Government"), in opposition to P1aintiffs' statement that this case should be accepted as related to the cases that are listed in this Letter. We thank the Court for its consideration of this matter and respectfully request that it docket this letter and make it part of the proceedings. ENDORSEMENT: The Clerk of the court is directed to accept this letter for docketing, at the Government's requests. (Signed by Judge Sidney H. Stein on 6/27/11) (pl) Modified on 6/27/2011 (pl). (Entered: 06/27/2011)
82011-07-01 ENDORSED LETTER addressed to Judge Shira A. Scheindlin from Louis A. Pellegrino dated 6/29/2011 re: Requesting a 30 day extension of time to August 4, 2011, to respond to the complaint on behalf of the Government. ENDORSEMENT: Request granted. Government must respond to the Complaint by August 4, 2011. (Signed by Judge Shira A. Scheindlin on 6/29/2011) (jpo) (Entered: 07/01/2011)
92011-08-04 ANSWER to 1 Complaint,. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement.(Pellegrino, Louis) (Entered: 08/04/2011)
102011-09-09 NOTICE OF CASE REASSIGNMENT to Judge Richard M. Berman. Judge Shira A. Scheindlin is no longer assigned to the case. (pgu) (Entered: 09/09/2011)
112011-09-09 CERTIFICATE OF SERVICE of Notice of Reassignment served on Defendants on 9/9/11. Service was made by Mail. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Tisdale, Richard) (Entered: 09/09/2011)
122011-09-16 FIRST MOTION for Tanaz Moghadam to Withdraw as Attorney. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Moghadam, Tanaz) (Entered: 09/16/2011)
132011-09-20 MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL: granting 12 Motion for Tanaz Moghadam to Withdraw as Attorney for plaintiffs. Attorney Tanaz Moghadam terminated. (Signed by Judge Richard M. Berman on 9/20/2011) (djc) (Entered: 09/20/2011)
142011-12-21 CERTIFICATE OF SERVICE of Notice of Pre-Trial Conference on 12/21/11. Service was made by MAIL. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Tisdale, Richard) (Entered: 12/21/2011)
152012-01-05 ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 1/4/2012 re: Counsel for the plaintiffs request a six-week adjournment of the pretrial conference currently scheduled for Monday, 1/9/2012, at 9:30 a.m. ENDORSEMENT: The initial pre-trial conference on 1/9/12 is adjourned to 2/21/12 at 9:30 a.m. (Initial Conference set for 2/21/2012 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 1/5/2012) (ft) (Entered: 01/05/2012)
162012-02-17 ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 2/16/2012 re: Counsel for the "ACLU" plaintiffs request a six-week adjournment of the pretrial conference currently scheduled for 2/21/2012, at 9:30 a.m. ENDORSEMENT: The conference on 2/21/12 is adjourned to 4/3/12 at 10:00 a.m. (Initial Conference set for 4/3/2012 at 10:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 2/17/2012) (tro) (Entered: 02/17/2012)
172012-04-02 ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 3/30/2012 re: The parties therefore believe that they would benefit from the receipt of additional time to explore the settlement issues in this case, and in the interest of judicial efficiency, we respectfully request that the Court adjourn the upcoming pretrial conference to allow time for further settlement discussions. ENDORSEMENT: The conference on 4/3/12 will proceed as scheduled. The parties' application to adjourn the conference is respectfully denied. (Signed by Judge Richard M. Berman on 4/2/2012) (lmb) (Entered: 04/02/2012)
182012-04-03 CASE MANAGEMENT PLAN: All Discovery to be expeditiously completed by 8/6/2012 (Final). Status of settlement discussions with principals on 9/6/12 @9:00 a.m. (Signed by Judge Richard M. Berman on 4/3/2012) (pl) (Entered: 04/03/2012)
192012-04-04 MOTION for Michael K.T. Tan to Appear Pro Hac Vice. Document filed by American Civil Liberties Union.(arc) (Entered: 04/09/2012)
202012-04-09 ORDER FOR ADMISSION PRO HAC VICE granting 19 Motion for Michael K.T. Tan to Appear Pro Hac Vice. Applicant is admitted to practice Pro Hac Vice in this case in the United States District Court for the Southern District of New York. ENDORSEMENT: Counsel shall forward the pro hac vice fee to the Clerk of Court. (Signed by Judge Richard M. Berman on 4/9/2012) (ft) (Entered: 04/09/2012)
212012-09-06 STIPULATION AND ORDER OF SETTLEMENT AND PARTIAL DISMISSAL (as modified). IT IS HEREBY AGREED AMONGST THE PARTIES that Plaintiffs' Three FOIA Requests are hereby superseded by the New Requests attached to this agreement at Exhibit A, and the Three FOIA Requests are withdrawn in their entirety. Exhibit A is a fully integrated and binding part of this Stipulation, and as further set forth. ENDORSEMENT: The parties may utilize the services of the Magistrate Judge to facilitate resolution of issues. (Signed by Judge Richard M. Berman on 9/6/2012) (rjm) (Entered: 09/06/2012)
222012-11-27 ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 11/26/2012 re: Status of open issues. ENDORSEMENT: We'll need a conference before any further submissions, motions, schedules, etc. Tuesday, 12/4 at 11:00 am. ( Conference set for 12/4/2012 at 11:00 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 11/27/2012) (cd) (Entered: 11/27/2012)
232013-02-27 MOTION for Summary Judgment. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. Responses due by 4/3/2013(Leland, Richard) (Entered: 02/27/2013)
242013-02-27 DECLARATION of Richard G. Leland in Support re: 23 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2 (Part 1 of 3), # 3 Exhibit 2 (Part 2 of 3), # 4 Exhibit 2 (Part 3 of 3), # 5 Exhibit 3, # 6 Exhibit 4, # 7 Exhibit 5, # 8 Exhibit 6, # 9 Exhibit 7)(Leland, Richard) (Entered: 02/27/2013)
252013-02-27 MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 02/27/2013)
262013-02-27 RULE 56.1 STATEMENT. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 02/27/2013)
272013-02-27 DECLARATION of Michael Tan in Support re: 23 MOTION for Summary Judgment.. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation. (Leland, Richard) (Entered: 02/27/2013)
282013-04-03 ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 4/2/13 re: Counsel for the Government requests a 30 day extension of time for the Government to file its opposition to plaintiffs' motion for summary judgment and proposes the following schedule: Government's opposition due May 3, 2013 and Plaintiffs' Reply due on May 22, 2013. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 4/2/2013) (mro) Modified on 4/3/2013 (mro). (Entered: 04/03/2013)
292013-04-04 MOTION for Justin Cox to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-8388053. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Civil Liberties Union, American Civil Liberties Union Foundation.(Cox, Justin) (Entered: 04/04/2013)
302013-04-05 ORDER FOR ADMISSION PRO HAC VICE granting 29 Motion for Justin Cox to Appear Pro Hac Vice. It is hereby Ordered that Justin Cox is admitted Pro Hac Vice to appear for all purposes as counsel for American Civil Liberties Union and American Civil Liberties Union Foundation. (Signed by Judge Richard M. Berman on 4/5/2013) (mro) (Entered: 04/05/2013)
312013-05-01 ENDORSED LETTER addressed to Judge Richard M. Berman from Louis A. Pellegrino dated 5/1/13 re: Counsel writes to request the following extensions regarding plaintiffs motion for summary judgment: Government's opposition due 5/17/13 (noon) and Plaintiffs' reply due by 6/7/13. ENDORSEMENT: Final extension (modified) granted. See p2. Set Deadlines/Hearing as to 23 MOTION for Summary Judgment :( Responses due by 5/17/2013, Replies due by 6/7/2013.) (Signed by Judge Richard M. Berman on 5/1/2013) (mro) (Entered: 05/01/2013)
322013-05-17 CROSS MOTION for Summary Judgment. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. Responses due by 6/7/2013(Pellegrino, Louis) (Entered: 05/17/2013)
332013-05-17 DECLARATION of Ryan Law in Support re: 32 CROSS MOTION for Summary Judgment.. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Pellegrino, Louis) (Entered: 05/17/2013)
342013-05-17 MEMORANDUM OF LAW in Support re: 32 CROSS MOTION for Summary Judgment.. Document filed by U.S Department of Homeland Security, U.S. Immigration and Customs Enforcement. (Pellegrino, Louis) (Entered: 05/17/2013)
352013-06-04 ENDORSED LETTER addressed to Judge Richard M. Berman from Richard G. Leland dated 6/3/13 re: Counsel writes to request an extension of time until 6/14/13 for ACLU to file its reply brief to the Government's opposition papers. ENDORSEMENT: Application granted. (Signed by Judge Richard M. Berman on 6/4/2013) (mro) (Entered: 06/04/2013)
362013-06-04 NOTICE OF CHANGE OF ADDRESS by Justin Cox on behalf of American Civil Liberties Union, American Civil Liberties Union Foundation. New Address: ACLU Foundation, 233 Peachtree Street NE, Suite 2150, Atlanta, Georgia, United States of America 30303, (646) 531-6108. (Cox, Justin) (Entered: 06/04/2013)
59
59.1 Exhibit A--Memorandum of Law
59.2 Exhibit B--Pavlik-Keenan Decl.
59.3 Exhibit C--Second Thompson Decl.
59.4 Exhibit D--Cupingood Decl.
59.5 Exhibit E--Pellegrino Decl.