Case: Color of Change v. U.S. Department of Homeland Security

1:16-cv-08215 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 20, 2016

Closed Date: April 11, 2019

Clearinghouse coding complete

Case Summary

On October 20, 2016, Color of Change and Center for Constitutional Rights, nonprofit civil rights advocacy and communications organizations, brought this action under the Freedom of Information Act ("FOIA") in the Southern District of New York. The plaintiffs, represented by an attorney from the Milton Kramer Law Clinic at Case Western, an attorney from the Center for Constitutional Rights, and an attorney for Clifford Chance, sued the U.S. Department of Homeland security ("DHS") and the Federa…

On October 20, 2016, Color of Change and Center for Constitutional Rights, nonprofit civil rights advocacy and communications organizations, brought this action under the Freedom of Information Act ("FOIA") in the Southern District of New York. The plaintiffs, represented by an attorney from the Milton Kramer Law Clinic at Case Western, an attorney from the Center for Constitutional Rights, and an attorney for Clifford Chance, sued the U.S. Department of Homeland security ("DHS") and the Federal Bureau of Investigation ("FBI"), seeking declaratory, injunctive, and other appropriate relief to compel the defendants to produce records related to federal government surveillance and monitoring of protest activities related to the Movement for Black Lives ("MBL").

Following the shooting of 18-year-old Michael Brown by a police officer in Ferguson, Missouri, MBL gained national scope and influence, drawing public attention to police violence and advocating for police reform and racial justice. The plaintiffs alleged in their complaint that government documents, news reports, and first-hand accounts demonstrated that the defendants, and state and local law enforcement agencies, had engaged in surveillance and monitoring of MBL demonstrations and individual activists aligned with the movement, using tactics and measures commonly reserved for counterterrorism and national security related purposes. They further alleged that this monitoring of legitimate protest activities undermined the First Amendment's protection of political speech, and would chill valuable public debate about police violence, including use of deadly force, criminal justice, and racial inequities.

On July 5 2016, the plaintiffs submitted their FOIA request to DHS and the FBI:

DHS

On July 18, 2016, DHS's privacy office sent a letter to the plaintiffs acknowledging receipt of the request. DHS denied the plaintiffs' request for expedited processing and a fee waiver, which the plaintiffs appealed. On August 29, 2016, DHS acknowledged that it had received the appeal, but never responded to it.

On September 27, 2016, the plaintiffs received a response from the Office of Intelligence & Analysis, a component of DHS, claiming that a search of its files revealed no records responsive to the plaintiffs' request. The plaintiffs appealed that decision based on the Office of Intelligence and Analysis' failure to perform an adequate search for records and its improper reliance on FOIA exemptions to avoid searching for, or producing, responsive records. On October 20, the plaintiffs received an acknowledgment from DHS regarding the appeal, but did not receive any other response or correspondence.

FBI

On July 28, 2016, the FBI sent a letter acknowledging receipt of the plaintiffs' request. Unlike DHS, the FBI granted the plaintiffs' request for expedited processing, however, it did not indicate whether processing had begun or when it would be complete. On September 20, 2016, the plaintiffs sent the FBI a letter requesting that the FBI notify them of when to expect to receive documents responsive to their request, but the FBI never responded.

An initial pretrial conference was originally set for January 20, 2017, before U.S. District Court Judge William H. Pauley III. After several motions to push back the date of the initial pretrial conference, the conference was held on February 24, 2017. Another status conference was held on April 21, 2017. During this conference, the parties agreed to the discovery schedule of 500 pages per month of responsive documents.

During discovery, both parties narrowed the requested documents, and prepared to file motions to contest or uphold exemptions. In line with timelines set in a February 9, 2018 scheduling conference, both parties filed motions for partial summary judgment surrounding release of a non-finalized intelligence assessment titled "(U\\FOUO) Growing Frequency of Race-Related Domestic Terrorist Violence." On July 9, 2018, Judge William Pauley ruled in favor of the defendants, saying that this document falls under FOIA's exemption 5 for process-related documents. He wrote that, because this document was written by an analyst and an intern, it revealed the processes of how DHS assesses and analyzes intelligence.

With this motion for summary judgment decided and the cooperation of the parties outside of the contested DHS memo, all issues in the case were settled outside of the allocation of attorney fees. With this in mind, after an August 7, 2018 status report, Judge Pauley filed an order to partially dismiss the case, closing all claims outside of attorney fees.

The case was briefly stayed in late 2018 and early 2019 due to the U.S. federal government shutdown. On March 12, 2019, Judge Pauley received a status report indicating that the parties reached a settlement on attorney fees. He ordered dismissal on April 11 and published the terms of the agreement; the FBI would pay $12,527.11, the Federal Emergency Management Administration (FEMA) would pay $1,742.81, the Cybersecurity Infrastructure Security Agency (CISA) would pay $11,655.40, and DHS Intelligence and Analysis would pay $11,655.40 to the plaintiffs.

The case is closed.

Summary Authors

Saeeda Joseph-Charles (11/17/2016)

Taylor Brook (3/12/2018)

Ellen Aldin (5/28/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6881839/parties/color-of-change-v-department-of-homeland-security/


Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Cover, Avidan Yehuda (Ohio)

Farah, Omar (New York)

Llanes, Stephanie (New York)

Schwarz, Ghita (New York)

Attorneys(s) for Defendant

Jude, Jennifer Ann (New York)

Onozawa, Tomoko (New York)

Judge(s)

Pauley, William H. III (New York)

Attorneys(s) for Plaintiff

Cover, Avidan Yehuda (Ohio)

Farah, Omar (New York)

Llanes, Stephanie (New York)

Schwarz, Ghita (New York)

Attorneys(s) for Defendant

Jude, Jennifer Ann (New York)

Onozawa, Tomoko (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

Color of Change v. Department of Homeland Security

April 11, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief

Oct. 20, 2016 Complaint
67

Opinion and Order

325 F.Supp.3d 447

July 9, 2018 Order/Opinion
71

Stipulation and [redacted] Order of Partial Dismissal

Aug. 8, 2018 Order/Opinion
84

Stipulation and [Proposed] Order of Settlement and Dismissal

April 4, 2019 Settlement Agreement

Resources

Title Description External URL

Color of Change v. Department of Homeland Security and Federal Bureau of Investigation

Center for Constitutional Rights

In July 2016, Color of Change (COC) and CCR filed a Freedom of Information Act (FOIA) Request seeking information from the U.S. Department of Homeland Security (DHS) and the Federal Bureau of Investi… Oct. 20, 2016 https://ccrjustice.org/COC-FOIA

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6881839/color-of-change-v-department-of-homeland-security/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Department of Homeland Security, Federal Bureau of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-12896998)Document filed by Color of Change, Center for Constitutional Rights. (Attachments: # 1 Exhibit Exhibits A-I)(Farah, Omar) (Entered: 10/20/2016)

1 Exhibit Exhibits A-I

View on PACER

Oct. 20, 2016 PACER
2

CIVIL COVER SHEET filed. (Farah, Omar) (Entered: 10/20/2016)

Oct. 20, 2016 PACER
3

FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Homeland Security and Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) Modified on 10/21/2016 (pc). (Entered: 10/20/2016)

Oct. 20, 2016 PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge William H. Pauley, III. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District. 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 http://nysd.uscourts.gov/ecf_filing.php. (pc)

Oct. 21, 2016 PACER

Magistrate Judge Sarah Netburn is so designated. (pc)

Oct. 21, 2016 PACER

Case Designated ECF. (pc)

Oct. 21, 2016 PACER

***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Omar Ahmed Farah. The party information for the following party/parties has been modified: Department of Homeland Security. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (pc)

Oct. 21, 2016 PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name listed on the docket entry for the summons must exactly match what is listed on the complaint caption title. 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)

Oct. 21, 2016 PACER
4

REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Homeland Security and Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
5

NOTICE OF APPEARANCE by Ghita Schwarz on behalf of Center for Constitutional Rights, Color of Change. (Schwarz, Ghita) (Entered: 10/21/2016)

Oct. 21, 2016 PACER
6

NOTICE OF APPEARANCE by Avidan Yehuda Cover on behalf of Center for Constitutional Rights, Color of Change. (Cover, Avidan) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
7

ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation, United States Department of Homeland Security. (rch) (Entered: 10/24/2016)

Oct. 24, 2016 PACER
8

ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/20/2017 at 03:30 PM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 10/24/2016) (tro) (Entered: 10/25/2016)

Oct. 24, 2016 PACER
9

NOTICE of Submission of Law Student Intern Appearance forms. Document filed by Center for Constitutional Rights, Color of Change. (Attachments: # 1 Exhibit Galen Baynes Law Student Intern Appearance Form, # 2 Exhibit Katelyn Pierce Law Student Intern Appearance Form, # 3 Exhibit Southern District of New York Plan for Student Practice in Civil Actions)(Cover, Avidan) (Entered: 11/04/2016)

1 Exhibit Galen Baynes Law Student Intern Appearance Form

View on PACER

2 Exhibit Katelyn Pierce Law Student Intern Appearance Form

View on PACER

3 Exhibit Southern District of New York Plan for Student Practice in Civil Actions

View on PACER

Nov. 4, 2016 PACER
10

LETTER MOTION for Conference on FBI's Motion to Dismiss and Requesting an Extension of DHS's Deadline to Respond to the Complaint addressed to Judge William H. Pauley, III from Jennifer Jude dated 11/22/16. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 11/22/2016)

Nov. 22, 2016 PACER
11

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference in Opposition to FBIs Motion to Dismiss addressed to Judge William H. Pauley, III from Omar Farah dated November 30, 2016. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) Modified on 12/22/2016 (db). (Entered: 11/30/2016)

Nov. 30, 2016 PACER
12

ORDER granting 10 Letter Motion for Conference on FBI's Motion to Dismiss and Requesting an Extension of DHS's Deadline to Respond to the Complaint. Application approved. Defendants' time to respond to the complaint is extended to December 27, 2016. The parties shall address the FBI's proposed motion at the initial pre-trial conference on January 20, 2017. (Signed by Judge William H. Pauley, III on 12/2/2016) (cla) (Entered: 12/05/2016)

Dec. 2, 2016 PACER

Set/Reset Deadlines: Federal Bureau of Investigation answer due 12/27/2016; United States Department of Homeland Security answer due 12/27/2016. (cla)

Dec. 2, 2016 PACER
13

LETTER MOTION for Extension of Time to File Answer re: 12 Order on Motion for Conference, addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 12/5/2016. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 12/05/2016)

Dec. 5, 2016 PACER
14

ORDER granting 13 Letter Motion for Extension of Time to Answer. Application approved. The FBI's deadline to file an answer is extended until after the Court has ruled on the FBI's proposed motion to dismiss. (Signed by Judge William H. Pauley, III on 12/5/2016) (mro) (Entered: 12/06/2016)

Dec. 5, 2016 PACER
15

ANSWER to 1 Complaint,. Document filed by United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 12/23/2016)

Dec. 23, 2016 PACER
16

AFFIDAVIT OF SERVICE of Summons and Complaint,. Federal Bureau of Investigation served on 10/26/2016, answer due 11/16/2016; United States Department of Homeland Security served on 10/26/2016, answer due 11/16/2016. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by Color of Change; Center for Constitutional Rights. (Farah, Omar) (Entered: 01/11/2017)

Jan. 11, 2017 PACER
17

JOINT LETTER addressed to Judge William H. Pauley, III from Tomoko Onozawa dated 1/13/17 re: Initial Pretrial Conference. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 01/13/2017)

Jan. 13, 2017 PACER
18

MEMO ENDORSEMENT on re: 17 Letter re: Initial Pretrial Conference, filed by United States Department of Homeland Security, Federal Bureau of Investigation. ENDORSEMENT: Application granted in part. Defendant FBI's time to file an answer is extended to January 27, 2017. The initial pre-trial conference scheduled for January 20, 2017 is adjourned to February 24, 2017 at 3:00 p.m. (Federal Bureau of Investigation answer due 1/27/2017. Initial Conference set for 2/24/2017 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/18/2017) (cla) (Entered: 01/18/2017)

Jan. 18, 2017 PACER
19

ANSWER to 1 Complaint,. Document filed by Federal Bureau of Investigation.(Onozawa, Tomoko) (Entered: 01/27/2017)

Jan. 27, 2017 PACER
20

FIRST LETTER MOTION for Conference Pretrial on February 24, 2017 addressed to Judge William H. Pauley, III from Avidan Y. Cover dated February 17, 2017. Document filed by Center for Constitutional Rights, Color of Change.(Cover, Avidan) (Entered: 02/17/2017)

Feb. 17, 2017 PACER
21

ORDER granting 20 Letter Motion for Conference. Application granted. (Signed by Judge William H. Pauley, III on 2/17/2017) (cla) (Entered: 02/17/2017)

Feb. 17, 2017 PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Initial Pretrial Conference held on 2/24/2017.

Feb. 24, 2017 PACER
22

TRANSCRIPT of Proceedings re: CONFERENCE held on 2/24/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/13/2017. Redacted Transcript Deadline set for 4/24/2017. Release of Transcript Restriction set for 6/21/2017.(McGuirk, Kelly) (Entered: 03/23/2017)

March 23, 2017 PACER
23

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 2/24/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/23/2017)

March 23, 2017 PACER
24

LETTER addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 4/19/2017 re: Joint Status Letter. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 04/19/2017)

April 19, 2017 PACER
25

SCHEDULING ORDER: Status Conference set for 4/21/2017 at 01:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/20/2017) (cla) (Entered: 04/20/2017)

April 20, 2017 PACER
26

SCHEDULING ORDER: The Office of Intelligence and Analysis shall produce its responsive documents at a rate of five hundred pages per month starting on May 22, 2017. The Federal Bureau of Investigation shall produce its responsive documents at a rate of 500 pages per month starting on May 31, 2017. The parties shall submit a joint status report by June 20, 2017. Status Conference set for 6/23/2017 at 10:30 AM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 4/21/2017) (cla) (Entered: 04/21/2017)

April 21, 2017 PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 4/21/2017.

April 21, 2017 PACER
27

FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Leave to File Proposed Amended Order addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 4/28/2017. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) Modified on 6/6/2017 (ldi). (Entered: 04/28/2017)

April 28, 2017 PACER
28

AMENDED SCHEDULING ORDER. The Court adopts the following schedule on consent: 1. The Office of intelligence and Analysis ("I&A") shall process 500 pages of responsive documents on or before May 22, 2017. I&A shall either process or produce (with the term and definition of processing or producing to be determined by consent of the parties or, if necessary, by further Order of this Court) all outstanding responsive documents at a rate of 500 pages per month thereafter. 2. The Federal Bureau of Investigation ("FBI") shall process 500 pages of responsive documents on or before May 31, 2017. FBI shall either process or produce (with the term and definition of processing or producing to be determined by consent of the parties or, if necessary, by further Order of this Court) all outstanding responsive documents at a rate of 500 pages per month thereafter. 3. The parties shall submit a joint status report by June 20, 2017. 4. The parties shall appear for a status conference on June 23, 2017 at 10:30 a.m. Granting 27 LETTER MOTION for Leave to File Proposed Amended Order addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 4/28/2017. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security. (Signed by Judge William H. Pauley, III on 4/28/2017) (rjm) (Entered: 04/28/2017)

April 28, 2017 PACER
29

TRANSCRIPT of Proceedings re: conference held on 4/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/26/2017. Redacted Transcript Deadline set for 6/5/2017. Release of Transcript Restriction set for 8/3/2017.(McGuirk, Kelly) (Entered: 05/05/2017)

May 5, 2017 PACER
30

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/05/2017)

May 5, 2017 PACER
31

TRANSCRIPT of Proceedings re: CONFERENCE held on 4/21/2017 before Judge William H. Pauley, III. Court Reporter/Transcriber: Rose Prater, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2017. Redacted Transcript Deadline set for 6/12/2017. Release of Transcript Restriction set for 8/10/2017.(McGuirk, Kelly) (Entered: 05/12/2017)

May 12, 2017 PACER
32

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 4/21/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 05/12/2017)

May 12, 2017 PACER
33

JOINT LETTER addressed to Judge William H. Pauley, III from Tomoko Onozawa dated 6/20/17 re: Status Update. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 06/20/2017)

June 20, 2017 PACER
34

LETTER MOTION to Adjourn Conference scheduled for June 23 2017 at 10:30 a.m., addressed to Judge William H. Pauley, III from AUSA Tomoko Onozawa dated 6/22/2017. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 06/22/2017)

June 22, 2017 PACER
35

ORDER: granting 34 Letter Motion to Adjourn Conference. Application granted. The status conference is adjourned to August 11, 2017 at 2:30 pm. Status Conference set for 8/11/2017 at 02:30 PM before Judge William H. Pauley III. (Signed by Judge William H. Pauley, III on 6/22/2017) (ap) (Entered: 06/22/2017)

June 22, 2017 PACER

***DELETED DOCUMENT. Deleted document number 38 AO 121 FORM COPYRIGHT - CASE TERMINATED- SUBMITTED. The document was incorrectly filed in this case. (jwh)

Aug. 8, 2017 PACER
36

SECOND LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from Avidan Y. Cover dated August 9, 2017. Document filed by Color of Change.(Cover, Avidan) (Entered: 08/09/2017)

Aug. 9, 2017 PACER
37

ORDER granting 36 Letter Motion to Adjourn Conference: Application granted. The status conference scheduled for August 11, 2017 is adjourned to September 15, 2017 at 3:00 p.m. (Status Conference set for 9/15/2017 at 03:00 PM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 8/9/2017) (jwh) (Entered: 08/09/2017)

Aug. 9, 2017 PACER
38

THIRD LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from OMAR FARAH dated 9/13/2017. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 09/13/2017)

Sept. 13, 2017 PACER
39

ORDER granting 38 Letter Motion to Adjourn Conference. Application granted. The status conference scheduled for September 15, 2017 is adjourned October 13, 2017 at 10:00 a.m. SO ORDERED. (Status Conference set for 10/13/2017 at 10:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 9/14/2017) (anc) (Entered: 09/14/2017)

Sept. 14, 2017 PACER
40

FOURTH LETTER MOTION to Adjourn Conference Status addressed to Judge William H. Pauley, III from Avidan Y. Cover dated 10.11.2017. Document filed by Center for Constitutional Rights.(Cover, Avidan) (Entered: 10/11/2017)

Oct. 11, 2017 PACER
41

ORDER granting 40 Letter Motion to Adjourn Conference: Application granted. The status conference scheduled for October 13, 2017 is adjourned to November 21, 2017 at 10:30 a.m. (Status Conference set for 11/21/2017 at 10:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 10/12/2017) (jwh) (Entered: 10/12/2017)

Oct. 12, 2017 PACER
42

SCHEDULING ORDER: The status conference scheduled for November 21, 2017 is adjourned to December 7, 2017 at 11:30 a.m. SO ORDERED. (Status Conference set for 12/7/2017 at 11:30 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 11/17/2017) (anc) (Entered: 11/20/2017)

Nov. 17, 2017 PACER
43

FIFTH LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from OMAR FARAH dated 12/5/2017. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
44

ORDER granting 43 FIFTH LETTER MOTION to Adjourn Conference addressed to Judge William H. Pauley, III from OMAR FARAH dated 12/5/2017. Document filed by Center for Constitutional Rights, Color of Change. Application granted. The status conference scheduled for December 7, 2017 is adjourned to January 25, 2018 at 12:00 p.m.So ordered. (Status Conference set for 1/25/2018 at 12:00 PM before Judge William H. Pauley III). (Signed by Judge William H. Pauley, III on 12/6/2017) (rjm) (Entered: 12/06/2017)

Dec. 6, 2017 PACER
45

SCHEDULING ORDER: The parties having appeared for a status conference on January 25, 2018, this Court adopts the following schedule on consent: 1. Plaintiffs shall file their proposed motion by March 2, 2018. 2. Defendants shall file any opposition papers by April 4, 2018. 3. Plaintiffs shall file any reply by April 18, 2018. 4. The parties shall appear for oral argument on May 4, 2018 at 11:00 a.m. (Motions due by 3/2/2018. Responses due by 4/4/2018 Replies due by 4/18/2018. Oral Argument set for 5/4/2018 at 11:00 AM before Judge William H. Pauley III.) (Signed by Judge William H. Pauley, III on 1/25/2018) (jwh) (Entered: 01/25/2018)

Jan. 25, 2018 PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Status Conference held on 1/25/2018.

Jan. 25, 2018 PACER
46

LETTER MOTION for Extension of Time for Briefing Schedule addressed to Judge William H. Pauley, III from Avidan Y. Cover dated February 9, 2018. Document filed by Center for Constitutional Rights, Color of Change.(Cover, Avidan) (Entered: 02/09/2018)

Feb. 9, 2018 PACER
47

ORDER: granting 46 Letter Motion for Extension of Time. Application granted. This Court adopts Plaintiffs' proposed briefing schedule. Oral argument is adjourned from May 4, 2018 to May 18, 2018 at 11:00 a.m. Motions due by 3/16/2018. Response due by 4/18/2018 Reply due by 5/2/2018. Oral argument set for 5/18/2018, at 11:00 A.M. (Signed by Judge William H. Pauley, III on 2/9/2018) (ap) (Entered: 02/09/2018)

Feb. 9, 2018 PACER

Set/Reset Deadlines: (Responses due by 4/18/2018. Replies due by 5/2/2018., Set/Reset Hearings: (Oral Argument set for 5/18/2018 at 11:00 AM before Judge William H. Pauley III.) (ap)

Feb. 9, 2018 PACER
48

TRANSCRIPT of Proceedings re: CONFERNECE held on 1/25/2018 before Judge Robert P. Patterson. Court Reporter/Transcriber: Carol Ganley, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 3/29/2018. Redacted Transcript Deadline set for 4/9/2018. Release of Transcript Restriction set for 6/6/2018.(McGuirk, Kelly) (Entered: 03/08/2018)

March 8, 2018 PACER
49

NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERNECE proceeding held on 1/25/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 03/08/2018)

March 8, 2018 PACER
50

NOTICE OF APPEARANCE by Stephanie Llanes on behalf of Center for Constitutional Rights, Color of Change. (Llanes, Stephanie) (Entered: 03/15/2018)

March 15, 2018 PACER
51

MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM FOR ANTHONY CIRRANELLO, JR. ENDORSEMENT: 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 William H. Pauley, III on 3/15/2018) (jwh) (Entered: 03/16/2018)

March 15, 2018 PACER
52

MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM FOR KRITHIKA RAJKUMAR. ENDORSEMENT: 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 William H. Pauley, III on 3/15/2018) (jwh) (Entered: 03/16/2018)

March 15, 2018 PACER
53

LETTER addressed to Judge William H. Pauley, III from OMAR FARAH dated MARCH 19, 2018 re: Confirming March 19, 2018 filing of Summary Judgment Motion. Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 03/19/2018)

March 19, 2018 PACER
54

MOTION for Summary Judgment . Document filed by Center for Constitutional Rights, Color of Change.(Farah, Omar) (Entered: 03/19/2018)

March 19, 2018 PACER
55

MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment . . Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) (Entered: 03/19/2018)

March 19, 2018 PACER
56

DECLARATION of OMAR FARAH in Support re: 54 MOTION for Summary Judgment .. Document filed by Center for Constitutional Rights, Color of Change. (Attachments: # 1 Exhibit 1, # 2 Exhibit 1 Document A, # 3 Exhibit 1 Document B, # 4 Exhibit 1 Document C, # 5 Exhibit 1 Document D, # 6 Exhibit 1 Document E, # 7 Exhibit 1 Document F, # 8 Exhibit 1 Document G, # 9 Exhibit 1 Document H, # 10 Exhibit 2, # 11 Exhibit 3, # 12 Exhibit 4, # 13 Exhibit 5, # 14 Exhibit 6, # 15 Exhibit 7, # 16 Exhibit 7 Document A, # 17 Exhibit 7 Document B, # 18 Exhibit 7 Document C, # 19 Exhibit 7 Document D, # 20 Exhibit 7 Document E, # 21 Exhibit 7 Document F, # 22 Exhibit 7 Document G, # 23 Exhibit 8)(Farah, Omar) (Entered: 03/19/2018)

1 Exhibit 1

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2 Exhibit 1 Document A

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3 Exhibit 1 Document B

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4 Exhibit 1 Document C

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5 Exhibit 1 Document D

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6 Exhibit 1 Document E

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7 Exhibit 1 Document F

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8 Exhibit 1 Document G

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9 Exhibit 1 Document H

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10 Exhibit 2

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11 Exhibit 3

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12 Exhibit 4

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13 Exhibit 5

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14 Exhibit 6

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15 Exhibit 7

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16 Exhibit 7 Document A

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17 Exhibit 7 Document B

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18 Exhibit 7 Document C

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19 Exhibit 7 Document D

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20 Exhibit 7 Document E

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21 Exhibit 7 Document F

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22 Exhibit 7 Document G

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23 Exhibit 8

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March 19, 2018 PACER
57

MEMO ENDORSEMENT on re: 53 Letter filed by Color of Change, Center for Constitutional Rights. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 3/19/2018) (jwh) (Entered: 03/19/2018)

March 19, 2018 RECAP
58

CROSS MOTION for Partial Summary Judgment . Document filed by United States Department of Homeland Security. Return Date set for 5/18/2018 at 11:00 AM.(Onozawa, Tomoko) (Entered: 04/18/2018)

April 18, 2018 PACER
59

MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Partial Summary Judgment . and in Opposition to Plaintiffs' Motion for Partial Summary Judgment. Document filed by United States Department of Homeland Security. (Onozawa, Tomoko) (Entered: 04/18/2018)

April 18, 2018 PACER
60

DECLARATION of Arthur R. Sepeta in Support re: 58 CROSS MOTION for Partial Summary Judgment .. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Onozawa, Tomoko) (Entered: 04/18/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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April 18, 2018 PACER
61

AMENDED MEMORANDUM OF LAW in Support re: 58 CROSS MOTION for Partial Summary Judgment . . Document filed by United States Department of Homeland Security. (Jude, Jennifer) (Entered: 04/19/2018)

April 19, 2018 PACER
62

LETTER addressed to Judge William H. Pauley, III from Jennifer Jude dated 4/19/18 re: Corrected Memorandum of Law. Document filed by United States Department of Homeland Security. (Attachments: # 1 Exhibit A -- Redline of Memorandum)(Jude, Jennifer) (Entered: 04/19/2018)

1 Exhibit A -- Redline of Memorandum

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April 19, 2018 PACER
63

REPLY MEMORANDUM OF LAW in Support re: 54 MOTION for Summary Judgment . . Document filed by Center for Constitutional Rights, Color of Change. (Farah, Omar) (Entered: 05/02/2018)

May 2, 2018 PACER

Minute Entry for proceedings held before Judge William H. Pauley, III: Oral Argument held on 5/18/2018 re: 54 MOTION for Summary Judgment . filed by Color of Change, Center for Constitutional Rights, 58 CROSS MOTION for Partial Summary Judgment . filed by United States Department of Homeland Security.

May 18, 2018 PACER
64

MEMORANDUM & ORDER: At this time, this Court makes no judgment as to the adequacy of the Sepeta Declaration, and is mindful that its "inspection prerogative is not a substitute for the government's burden of proof." Halpern v. FBI, 181 F.3d 279, 295 (2d Cir. 1999). Accordingly, DHS shall provide this Court with the documents underlying the parties' cross motions for summary judgment for in camera review by June 6, 2018. SO ORDERED. (Signed by Judge William H. Pauley, III on 5/23/2018) (ama) (Entered: 05/23/2018)

May 23, 2018 PACER
65

TRANSCRIPT of Proceedings re: ARRAINGMENT held on 5/18/2018 before Judge William H. Pauley, III. Court Reporter/Transcriber: Karen Gorlaski, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/2/2018. Redacted Transcript Deadline set for 7/12/2018. Release of Transcript Restriction set for 9/10/2018.(McGuirk, Kelly) (Entered: 06/11/2018)

June 11, 2018 PACER
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a ARGUMENT proceeding held on 5/18/18 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 06/11/2018)

June 11, 2018 PACER
67

OPINION & ORDER re: 54 MOTION for Summary Judgment; 58 CROSS MOTION for Partial Summary Judgment: For the foregoing reasons, DHS's motion for partial summary judgment is granted and Plaintiffs' motion for partial summary judgment is denied. The Clerk of Court is directed to terminate the motions pending at ECF Nos. 54 and 58. The parties are directed to submit a joint status report by August 8, 2018. (Signed by Judge William H. Pauley, III on 7/9/2018) (jwh) (Entered: 07/09/2018)

July 9, 2018 RECAP
68

PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security. (Onozawa, Tomoko) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
69

STATUS REPORT. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 08/07/2018)

Aug. 7, 2018 PACER
70

MEMO ENDORSEMENT on re: 69 Status Report filed by United States Department of Homeland Security, Federal Bureau of Investigation. ENDORSEMENT: Application granted. This Court adopts the parties' proposed deadlines. (Signed by Judge William H. Pauley, III on 8/8/2018) (jwh) (Entered: 08/09/2018)

Aug. 8, 2018 PACER
71

STIPULATION AND ORDER OF PARTIAL DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties as follows: 1. In addition to any and all claims relating to the Challenged Documents, which were addressed by the July 9th Order, the following claims in this action are dismissed with prejudice: any and all claims seeking the release of documents other than the Challenged Documents; any and all challenges to the adequacy of Defendants' search for records responsive to the FOIA Requests; and any and all challenges to Defendants' assertion of any exemption applied to documents other than the Challenged Documents. 2. The sole remaining unresolved claim in this action is Plaintiffs' demand or potential demand for an award of attorneys' fees, as to which all parties reserve all rights and defenses. Nothing in this Stipulation modifies the substantive legal standard otherwise applicable under law governing Plaintiffs' potential claim for attorneys' fees. (Signed by Judge William H. Pauley, III on 8/8/2018) (jwh) (Entered: 08/09/2018)

Aug. 8, 2018 PACER
72

JOINT LETTER MOTION for Extension of Time to File Status Report addressed to Judge William H. Pauley, III from Jennifer Jude dated 9/27/18. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 09/27/2018)

Sept. 27, 2018 PACER
73

ORDER granting 72 Letter Motion for Extension of Time: Application granted. (Signed by Judge William H. Pauley, III on 9/28/2018) (jwh) (Entered: 09/28/2018)

Sept. 28, 2018 PACER
74

SECOND LETTER MOTION for Extension of Time to file Status Report addressed to Judge William H. Pauley, III from Omar Farah dated October 29, 2018. Document filed by Center for Constitutional Rights.(Farah, Omar) (Entered: 10/29/2018)

Oct. 29, 2018 PACER
75

ORDER granting 74 Motion for Extension of Time: SO ORDERED. (Signed by Judge William H. Pauley, III on 10/30/2018) (jwh) (Entered: 10/30/2018)

Oct. 30, 2018 PACER
76

THIRD LETTER MOTION for Extension of Time to File Status Report addressed to Judge William H. Pauley, III from Jennifer Jude dated 11/26/18. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Jude, Jennifer) (Entered: 11/26/2018)

Nov. 26, 2018 PACER
77

ORDER granting 76 Letter Motion for Extension of Time: Application granted. (Signed by Judge William H. Pauley, III on 11/28/2018) (jwh) (Entered: 11/29/2018)

Nov. 28, 2018 PACER
78

STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro) (Entered: 01/02/2019)

Dec. 27, 2018 PACER

Case Stayed (mro)

Dec. 27, 2018 PACER

Terminate Transcript Deadlines (mro)

Dec. 27, 2018 PACER
79

ORDER: In view of the conclusion of the government shutdown, the stay on this action is lifted. The parties are directed to file a joint status report by February 12, 2019. (Pretrial Order due by 2/12/2019.) (Signed by Judge William H. Pauley, III on 1/29/2019) (jwh) (Entered: 01/29/2019)

Jan. 29, 2019 PACER
80

STATUS REPORT. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security.(Onozawa, Tomoko) (Entered: 02/12/2019)

Feb. 12, 2019 PACER
81

MEMO ENDORSEMENT on re: 80 Status Report filed by United States Department of Homeland Security, Federal Bureau of Investigation. ENDORSEMENT: Application granted. (Signed by Judge William H. Pauley, III on 2/14/2019) (jwh) (Entered: 02/14/2019)

Feb. 14, 2019 PACER
82

STATUS REPORT. Document filed by Center for Constitutional Rights.(Farah, Omar) (Entered: 03/12/2019)

March 12, 2019 PACER
83

ORDER: It having been reported to this Court that this action has been or will be settled, this action is discontinued without costs to any party, and without prejudice to reopening this action if such an application is made within thirty (30) days of this Order. The Clerk of Court is directed to terminate all pending motions and mark this case as closed. (Signed by Judge William H. Pauley, III on 3/14/2019) (jwh) (Entered: 03/14/2019)

March 14, 2019 PACER
84

PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau of Investigation, United States Department of Homeland Security. (Onozawa, Tomoko) (Entered: 04/04/2019)

April 4, 2019 PACER
85

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, FBI shall pay to Plaintiffs the sum of $12,527.11, FEMA shall pay to Plaintiffs the sum of $1,742.81, CISA shall pay to Plaintiffs the sum of $11,655.40, and I&A shall pay to Plaintiffs the sum of $11,655.40 (collectively, the "Settlement Amounts"), which sums Plaintiffs agree to accept as full payment of any costs and/or fees they have incurred in or in connection with this matter, and as further set forth in this stipulation. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (Signed by Judge William H. Pauley, III on 4/11/2019) (jwh) (Entered: 04/11/2019)

April 11, 2019 PACER

State / Territory: New York

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Oct. 20, 2016

Closing Date: April 11, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Color of Change and Center for Constitutional Rights, a nonprofit civil rights advocacy and communications organization, and Center for Constitutional Rights, a non-profit legal and educational organization committed to the creative use of law as a positive force for social change

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Center for Constitutional Rights (CCR)

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States Department of Homeland Security, Federal

Federal Bureau of Investigation, Federal

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

Freedom of Information Act (FOIA), 5 U.S.C. § 552

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Attorneys fees

Declaratory Judgment

Source of Relief:

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $37,580.72

Issues

General:

Records Disclosure