Case: Knight First Amendment Institute v. U.S. Department of Homeland Security

1:17-cv-07572 | U.S. District Court for the Southern District of New York

Filed Date: Oct. 4, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This suit, filed October 4, 2017, sought to compel the Department of Homeland Security (DHS) and the Department of State (DOS) to release certain records under the Freedom of Information Act (FOIA). The Knight First Amendment Institute at Columbia University, a nonprofit organization dedicated to protecting freedom of speech and press, sought "records concerning the exclusion or removal of individuals from the United States based on their speech, beliefs, or associations." The case was filed in…

This suit, filed October 4, 2017, sought to compel the Department of Homeland Security (DHS) and the Department of State (DOS) to release certain records under the Freedom of Information Act (FOIA). The Knight First Amendment Institute at Columbia University, a nonprofit organization dedicated to protecting freedom of speech and press, sought "records concerning the exclusion or removal of individuals from the United States based on their speech, beliefs, or associations." The case was filed in the U.S. District Court for the Southern District of New York.

The plaintiff argued that pursuant to President Trump's immigration policies, DHS and DOS created new policies with which to vet visa applicants and refugees. In particular, the Knight Institute pointed to the development of a questionnaire that asked for "any social media platforms and handles used during the last five years," as well as a new policy proposal slated to go into effect October 18, 2017 to have DHS' immigration records "include the 'social media handles, aliases, [and] associated identifiable information,' as well as 'publicly available information obtained from the internet,...and information obtained and disclosed pursuant to information sharing agreements.'" The Knight Institute argued that these changes would have an expansive effect, reaching visa applicants, naturalized U.S. citizens, and lawful permanent residents.

The Knight Institute submitted a FOIA request to DHS and DOS seeking information on these new vetting policies as well as the government's rationale that it can "base immigration decisions on individuals’ speech, beliefs, or associations." ICE released only one document in response to this request, prompting the plaintiff to bring this suit.

The case was assigned to Judge Andrew L. Carter, Jr. on Oct. 5, 2017.

On Dec. 28, 2017, the government filed a letter seeking to dismiss the complaint, arguing that the Knight Institute had failed to exhaust administrative remedies. On Jan. 16, 2018, the parties stipulated their voluntary dismissal as to ICE. The plaintiff filed an amended complaint on Mar. 14, 2018.

Through a series of orders, the court ordered the various components of the government to complete production of responsive records between June and July of 2018. A status report filed on Oct. 5, 2018 indicated that the government had completed much but not all of the production request, and that the parties were continuing to work together to complete it. On November 9, 2018, the plaintiff and the defendant proposed the briefing schedule for partial summary judgment.

Several defendants and the plaintiff separately sought summary judgment in February and March 2019.

On September 13, 2019, the court (Judge Carter) granted in part the defendants' partial motion for summary judgment. The court found that the Office of Legal Counsel satisfied its burden in demonstrating that it conducted an adequate search of the records it possessed. On the same day, the court also granted in part the plaintiff's cross motion for partial summary judgment. The court found that ICE did not conduct an adequate search for documents responsive to the plaintiff’s FOIA request, and ordered ICE to conduct new searches and the parties to file a joint status report within 21 days. 407 F.Supp.3d 311.

On September 23, 2019, the court granted in part the defendants' motion for summary judgment. But the court held that ICE improperly invoked FOIA Exemption 5 to withhold certain records, and that such records must be released. For the same reason, the court also granted in part the plaintiff's cross partial motion for summary judgment on the same day. 407 F.Supp.3d 334. The defendants filed a motion for reconsideration of the court's September 16 and 23 orders on September 30, 2019.

Following these orders, the parties filed a series of several status reports. Status reports filed on October 4 and October 11 stated that the parties had reached agreement regarding the offices and components that ICE will search and the search terms that will be used. The status report filed on December 6, 2019 claimed that after reaching agreement with the plaintiff on search terms and scope, DHS completed its document searches.

The joint status report filed on December 20, 2019 stated that the parties are still finalizing details of U.S. Customs and Border Protection's search. The joint status report filed on February 24, 2020 outlined details of U.S. Customs and Border Protection's search. The latest status report, filed on May 14, 2020, further outlined document search agreements among the plaintiff and various government agencies.

Judge Carter denied the defendants' motion for reconsideration on September 13, 2020. Defendants filed a notice of appeal of the court's September 16 & 23, 2019 and September 13, 2020 orders on November 11, 2020. The parties are currently briefing the appeal in the U.S. Court of Appeals for the Second Circuit, case number 20-3837.

As of April 2021, the case is ongoing.

Summary Authors

Virginia Weeks (10/5/2017)

Virginia Weeks (10/9/2018)

Bogyung Lim (6/3/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6259664/parties/knight-first-amendment-institute-at-columbia-university-v-department-of/


Judge(s)

Carter, Andrew Lamar Jr. (New York)

Attorney for Plaintiff

Abdo, Alex (New York)

Charlton, Leena M. (New York)

Crump, Catherine Newby (California)

Attorney for Defendant

Blain, Jennifer Ellen (New York)

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Documents in the Clearinghouse

Document

1:17-cv-07572

Docket [PACER]

Knight First Amendment Institute at Columbia University v. Department of Homeland Security

April 9, 2021

April 9, 2021

Docket
1

1:17-cv-07572

Complaint for Injunctive Relief

Knight First Amendment Institute v. Department of Homeland Security

Oct. 4, 2017

Oct. 4, 2017

Complaint
42

1:17-cv-07572

First Amended Complaint for Injunctive Relief

Knight First Amendment Institute at Columbia University v. Department of Homeland Security

March 14, 2018

March 14, 2018

Complaint
140

1:17-cv-07572

Opinion and Order

Knight First Amendment Institute v. Department of Homeland Security

Sept. 13, 2019

Sept. 13, 2019

Order/Opinion

407 F.Supp.3d 407

141

1:17-cv-07572

Opinion and Order

Knight First Amendment Institute v. Department of Homeland Security

Sept. 23, 2019

Sept. 23, 2019

Order/Opinion

407 F.Supp.3d 407

158

1:17-cv-07572

Opinion & Order

Knight First Amendment Institute at Columbia University v. U.S. Department of Homeland Security

Sept. 13, 2020

Sept. 13, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6259664/knight-first-amendment-institute-at-columbia-university-v-department-of/

Last updated Jan. 30, 2024, 3:04 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against Citizenship and Immigration Services, Customs and Border Protection, Department of Homeland Security, Department of Justice, Department of State, Immigration and Customs Enforcement. (Filing Fee $ 400.00, Receipt Number 0208-14203758)Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit Exhibit A (FOIA Request))(Jaffer, Jameel) (Entered: 10/04/2017)

1 Exhibit Exhibit A (FOIA Request)

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Oct. 4, 2017

Oct. 4, 2017

RECAP
2

CIVIL COVER SHEET filed. (Jaffer, Jameel) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

RECAP
3

RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight First Amendment Institute at Columbia University.(Jaffer, Jameel) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

RECAP
4

FILING ERROR - DEFICIENT SUMMONS REQUEST - CAPTION TITLE ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) Modified on 10/5/2017 (kl). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
5

FILING ERROR - DEFICIENT SUMMONS REQUEST - CAPTION TITLE ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) Modified on 10/5/2017 (kl). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
6

FILING ERROR - DEFICIENT SUMMONS REQUEST - CAPTION TITLE ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) Modified on 10/5/2017 (kl). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
7

FILING ERROR - DEFICIENT SUMMONS REQUEST - CAPTION TITLE ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) Modified on 10/5/2017 (kl). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
8

FILING ERROR - DEFICIENT SUMMONS REQUEST - CAPTION TITLE ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) Modified on 10/5/2017 (kl). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
9

FILING ERROR - DEFICIENT SUMMONS REQUEST - CAPTION TITLE ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) Modified on 10/5/2017 (kl). (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER

CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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. (kl)

Oct. 5, 2017

Oct. 5, 2017

PACER

Magistrate Judge Katharine H. Parker 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: http://nysd.uscourts.gov/forms.php. (kl)

Oct. 5, 2017

Oct. 5, 2017

PACER

Case Designated ECF. (kl)

Oct. 5, 2017

Oct. 5, 2017

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jameel Jaffer to RE-FILE Document No. 9 Request for Issuance of Summons, 8 Request for Issuance of Summons, 4 Request for Issuance of Summons, 7 Request for Issuance of Summons, 6 Request for Issuance of Summons, 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): PLEASE ENTER ALL PARTIES IN THE CAPTION TITLE THAT ARE VIEWABLE OR ENTER ET AL. 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. (kl)

Oct. 5, 2017

Oct. 5, 2017

PACER
10

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Customs and Border Protection, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
11

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
12

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
13

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
14

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
15

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Citizenship and Immigration Services, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

RECAP
16

ELECTRONIC SUMMONS ISSUED as to U.S. Customs and Border Protection. (kl) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
17

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security. (kl) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
18

ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (kl) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
19

ELECTRONIC SUMMONS ISSUED as to U.S. Department of State. (kl) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
20

ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (kl) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
21

ELECTRONIC SUMMONS ISSUED as to U.S. Citizenship and Immigration Services. (kl) (Entered: 10/06/2017)

Oct. 6, 2017

Oct. 6, 2017

RECAP
22

AFFIDAVIT OF SERVICE. U.S. Citizenship and Immigration Services served on 10/10/2017, answer due 10/31/2017; U.S. Customs and Border Protection served on 10/10/2017, answer due 10/31/2017; U.S. Department of Homeland Security served on 10/10/2017, answer due 10/31/2017; U.S. Department of Justice served on 10/10/2017, answer due 10/31/2017; U.S. Department of State served on 10/10/2017, answer due 10/31/2017; U.S. Immigration and Customs Enforcement served on 10/10/2017, answer due 10/31/2017. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

RECAP
23

AFFIDAVIT OF SERVICE. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University. (Jaffer, Jameel) (Entered: 10/20/2017)

Oct. 20, 2017

Oct. 20, 2017

RECAP
24

AFFIDAVIT OF SERVICE. U.S. Citizenship and Immigration Services served on 11/6/2017, answer due 11/27/2017; U.S. Customs and Border Protection served on 11/6/2017, answer due 11/27/2017; U.S. Department of Homeland Security served on 11/6/2017, answer due 11/27/2017; U.S. Department of State served on 11/7/2017, answer due 11/28/2017; U.S. Immigration and Customs Enforcement served on 11/6/2017, answer due 11/27/2017. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Delivery Confirmation)(Jaffer, Jameel) (Entered: 11/09/2017)

1 Delivery Confirmation

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Nov. 9, 2017

Nov. 9, 2017

RECAP
25

LETTER MOTION for Extension of Time to File Answer addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated November 13, 2017. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State, U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

RECAP
26

ORDER: granting 25 Letter Motion for Extension of Time to Answer. The application is granted. U.S. Citizenship and Immigration Services answer due 12/28/2017; U.S. Customs and Border Protection answer due 12/28/2017; U.S. Department of Homeland Security answer due 12/28/2017; U.S. Department of Justice answer due 12/28/2017; U.S. Department of State answer due 12/28/2017; U.S. Immigration and Customs Enforcement answer due 12/28/2017. (Signed by Judge Andrew L. Carter, Jr on 11/14/2017) (ap) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
27

ANSWER to 1 Complaint,. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State.(Blain, Jennifer) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
28

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated December 28, 2017 re: Immigration and Customs Enforcement Request for Pre-Motion Conference re Motion to Dismiss. Document filed by U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 12/28/2017)

Dec. 28, 2017

Dec. 28, 2017

PACER
29

FILING ERROR - ELECTRONIC FILING OF NON-ECF DOCUMENT - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, WITHOUT prejudice against the defendant(s) U.S. Immigration and Customs Enforcement pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Knight First Amendment Institute at Columbia University.(Jaffer, Jameel) Modified on 1/12/2018 (km). (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

RECAP
30

LETTER addressed to Judge Andrew L. Carter, Jr. from Counsel for Plaintiff dated January 11, 2018 re: U.S. Immigration and Customs Enforcement Request for Pre-Motion Conference re Motion to Dismiss. Document filed by Knight First Amendment Institute at Columbia University.(Jaffer, Jameel) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

RECAP

***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Jameel Jaffer for noncompliance with Section 18.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 29 Stipulation of Voluntary Dismissal with handwritten signatures of the attorneys to: judgments@nysd.uscourts.gov. (km)

Jan. 12, 2018

Jan. 12, 2018

PACER
31

STIPULATION OF VOLUNTARY DISMISSAL OF U.S. IMMIGRATION AND CUSTOMS ENFORCEMENT PURSUANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the parties' respective counsels that the above-captioned action is voluntarily dismissed, without prejudice, against the defendant U.S. Immigration and Customs Enforcement pursuant to Federal Rule of Civil Procedure 41(a)(1) (A)(ii). U.S. Immigration and Customs Enforcement terminated. (Signed by Judge Andrew L. Carter, Jr on 1/16/2018) (rj) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

PACER
32

NOTICE OF CHANGE OF ADDRESS by Jameel Jaffer on behalf of Knight First Amendment Institute at Columbia University. New Address: Knight First Amendment Institute at Columbia University, 475 Riverside Drive, Suite 302, New York, NY, USA 10115, 646-745-8500. (Jaffer, Jameel) (Entered: 02/08/2018)

Feb. 8, 2018

Feb. 8, 2018

RECAP
33

ORDER: The Court will hold a status conference in this matter on February 23, 2018 at 3:00 p.m. The parties (and/or counsel) should appear in person in Courtroom 1306 at the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, NY, on the date and time specified above. SO ORDERED. Status Conference set for 2/23/2018 at 03:00 PM in Courtroom 1306, 40 Foley Square, New York, NY 10007 before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 2/12/2018) (rj) (Entered: 02/12/2018)

Feb. 12, 2018

Feb. 12, 2018

RECAP
34

NOTICE OF APPEARANCE by Catherine Newby Crump on behalf of Knight First Amendment Institute at Columbia University. (Crump, Catherine) (Entered: 02/15/2018)

Feb. 15, 2018

Feb. 15, 2018

RECAP
35

MOTION for Megan Kathleen Graham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14712008. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Affidavit, # 2 Exhibit Certificate of Good Standing, # 3 Text of Proposed Order)(Graham, Megan) (Entered: 02/16/2018)

1 Affidavit

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2 Exhibit Certificate of Good Standing

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3 Text of Proposed Order

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Feb. 16, 2018

Feb. 16, 2018

RECAP

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 35 MOTION for Megan Kathleen Graham to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14712008. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (ma)

Feb. 16, 2018

Feb. 16, 2018

PACER
36

ORDER FOR ADMISSION PRO HAC VICE granting 35 Motion for Megan Kathleen Graham to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 2/20/2018) (rj) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

RECAP
37

LETTER addressed to Judge Andrew L. Carter, Jr. from Megan Graham dated 2/20/2018 re: Request to Appear Telephonically at Status Conference. Document filed by Knight First Amendment Institute at Columbia University.(Graham, Megan) (Entered: 02/20/2018)

Feb. 20, 2018

Feb. 20, 2018

RECAP
38

MEMO ENDORSEMENT on re: 37 Letter regarding Request to Appear Telephonically at Status Conference filed by Knight First Amendment Institute at Columbia University. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/21/2018) (rj) (Entered: 02/23/2018)

Feb. 23, 2018

Feb. 23, 2018

PACER

Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 2/23/2018. Jameel Jaffer, Carrie Decell, Alex Abdo, Catherine Crump and Megan Graham for Plaintiff(s). Jennifer Bain for Defendant(s). See Docket No. 39 for complete details. (Court Reporter: Steven Griffing) (tdh)

Feb. 23, 2018

Feb. 23, 2018

PACER
39

ORDER: As discussed during the February 23, 2018 status conference in this matter, Defendants will complete their searches for responsive documents by March 30, 2018. Defendant U.S. Customs and Border Protection will complete document production by March 30, 2018. The parties shall submit a joint status report by April 9, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/23/2018) (rj) (Entered: 02/26/2018)

Feb. 26, 2018

Feb. 26, 2018

PACER
40

FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - AMENDED COMPLAINT amending 1 Complaint, against U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State, U.S. Immigration and Customs Enforcement.Document filed by Knight First Amendment Institute at Columbia University. Related document: 1 Complaint. (Attachments: # 1 Exhibit A: Letter With Written Consent to File Amended Complaint Pursuant to FRCP 15(a)(2), # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Crump, Catherine) Modified on 3/13/2018 (sj). (Entered: 03/12/2018)

1 Exhibit A: Letter With Written Consent to File Amended Complaint Pursuant to FRC

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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March 12, 2018

March 12, 2018

PACER
41

EXHIBIT TO PLEADING re: 40 Amended Complaint,,. Document filed by Knight First Amendment Institute at Columbia University.(Crump, Catherine) (Entered: 03/12/2018)

March 12, 2018

March 12, 2018

PACER

***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Catherine Newby Crump to RE-FILE re: Document No. 40 Amended Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; (U.S. Immigration and Customs Enforcement was previously terminated and must be added back to the docket). Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Amended Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj)

March 13, 2018

March 13, 2018

PACER
42

AMENDED COMPLAINT amending 1 Complaint, against U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State, U.S. Immigration and Customs Enforcement.Document filed by Knight First Amendment Institute at Columbia University. Related document: 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H)(Crump, Catherine) (Entered: 03/14/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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March 14, 2018

March 14, 2018

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43

REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Immigration and Customs Enforcement, re: 42 Amended Complaint,,. Document filed by Knight First Amendment Institute at Columbia University. (Crump, Catherine) (Entered: 03/14/2018)

March 14, 2018

March 14, 2018

PACER
44

ELECTRONIC SUMMONS ISSUED as to U.S. Immigration and Customs Enforcement. (sj) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
45

NOTICE OF CHANGE OF ADDRESS by Catherine Newby Crump on behalf of Knight First Amendment Institute at Columbia University. New Address: Samuelson Law, Technology & Public Policy Clinic, U.C. Berkeley School of Law, 433 Boalt Hall (North Addition), Berkeley, CA, United States 94720, 510-642-5049. (Crump, Catherine) (Entered: 03/15/2018)

March 15, 2018

March 15, 2018

PACER
46

AFFIDAVIT OF SERVICE of Summons and Amended Complaint,,. U.S. Immigration and Customs Enforcement served on 3/19/2018, answer due 4/9/2018. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Delivery Confirmation)(Graham, Megan) (Entered: 03/22/2018)

1 Delivery Confirmation

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March 22, 2018

March 22, 2018

PACER
47

ANSWER to 42 Amended Complaint,,. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State, U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Blain, Jennifer) (Entered: 04/03/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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April 3, 2018

April 3, 2018

PACER
48

STATUS REPORT. Joint Status Report Document filed by Knight First Amendment Institute at Columbia University.(Crump, Catherine) (Entered: 04/09/2018)

April 9, 2018

April 9, 2018

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49

MEMO ENDORSEMENT on re: 48 Status Report filed by Knight First Amendment Institute at Columbia University. ENDORSEMENT: The proposed briefing schedule is adopted. A status conference is scheduled for May 14, 2018 at 10:00 am. SO ORDERED. Status Conference set for 5/14/2018 at 10:00 AM before Judge Andrew L. Carter Jr. (Signed by Judge Andrew L. Carter, Jr on 4/13/2018) (rj) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
50

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated April 13, 2018 re: Joint Status Update re ICE. Document filed by U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

RECAP
51

MEMO ENDORSEMENT on re: 50 Letter regarding Joint Status Update re ICE filed by U.S. Immigration and Customs Enforcement. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 4/16/2018) (rj) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
52

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated April 20, 2018 re: Processing and Production Schedule for State and ICE. Document filed by U.S. Department of State, U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

PACER
53

OATH of Eric F. Stein in Support of State Processing Rates. Document filed by U.S. Department of State. (Attachments: # 1 Exhibit 1)(Blain, Jennifer) (Entered: 04/20/2018)

1 Exhibit 1

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April 20, 2018

April 20, 2018

PACER
54

OATH of Catrina Pavlik-Keenan in Support of ICE Production Rates. Document filed by U.S. Immigration and Customs Enforcement. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Blain, Jennifer) (Entered: 04/20/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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April 20, 2018

April 20, 2018

PACER
55

LETTER addressed to Judge Andrew L. Carter, Jr. from Megan Graham dated May 4, 2018 re: Processing and Production Schedule for State and ICE. Document filed by Knight First Amendment Institute at Columbia University.(Graham, Megan) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

RECAP
56

OATH of Carrie DeCell in Support of the Knight Institute's Letter [ECF 55]. Document filed by Knight First Amendment Institute at Columbia University.(Graham, Megan) (Entered: 05/04/2018)

May 4, 2018

May 4, 2018

RECAP
57

ORDER: Plaintiff and Defendants U.S. Department of State and U.S. Immigration and Customs Enforcement shall confer regarding processing and production rates in this case and shall submit a joint status report by May 21, 2018. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/14/2018) (anc) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
58

LETTER addressed to Judge Andrew L. Carter, Jr. from Carrie DeCell dated 05/14/2018 re: New Information and Proposed DOS Processing Schedule. Document filed by Knight First Amendment Institute at Columbia University.(Decell, Caroline) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER

Minute Entry for proceedings held before Judge Andrew L. Carter, Jr: Status Conference held on 5/14/2018. Megan Graham and Carrie Decell for Plaintiff(s).Jennifer Bain for Defendant(s). See Docket No. 57. (Court Reporter: Andrew Walker) (tdh)

May 14, 2018

May 14, 2018

PACER
59

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated May 15, 2018 re: Plaintiffs' Letter Dated May 14, 2018. Document filed by U.S. Department of State.(Blain, Jennifer) (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
60

ORDER: The Court is in receipt of Plaintiff's letter dated May 14, 2018. (ECF No. 58.) Defendant U.S. Department of State shall respond stating its position by May 16, 2018 at 12:00 p.m. (Signed by Judge Andrew L. Carter, Jr on 5/15/2018) (ap) Modified on 5/16/2018 (ap). (Entered: 05/15/2018)

May 15, 2018

May 15, 2018

PACER
61

ORDER: The Court is in receipt of Defendant U.S. Department of State's ("DOS") response to Plaintiff' s letter dated May 14, 2018. ECF No. 59. In its letter, DOS stated that it could determine the precise number of responsive pages to Plaintiff's FOIA request by May 17, 2018. Id. DOS is ordered to file a status report providing the number of responsive pages by 3:00 p.m. today. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/18/2018) (rj) Modified on 5/18/2018 (rj). (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
62

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated May 18, 2018 re: State's Number of Pages to Process. Document filed by U.S. Department of State.(Blain, Jennifer) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
63

ORDER: Accordingly, Plaintiff sought production of all such documents by June 15, 2018. Id. DOS filed a response the following day indicating that it could identify the precise number of responsive pages by May 17, 2018. ECF No. 59. Following an Order by this Court, on May 18, 2018 DOS filed a letter stating that 72 documents, totaling 1,719 pages, are most likely responsive to Plaintiff's request. ECF No. 62. DOS reiterated its request for a schedule of 300 pages per month. ECF No. 62. Having considered the respective parties' proposals and the various arguments made, the Court hereby ORDERS Defendant DOS to complete its processing and production of all responsive documents no later than June 28, 2018. Furthermore, DOS should produce those documents that they identify as responsive to Plaintiff's request on a rolling basis. The Court determines that this schedule provides a reasonable time frame for DOS to respond to, Plaintiff's request. SO ORDERED. ( Responses due by 6/28/2018) (Signed by Judge Andrew L. Carter, Jr on 5/18/2018) (rj) (Entered: 05/21/2018)

May 18, 2018

May 18, 2018

PACER
64

STATUS REPORT. Second Joint Status Report Document filed by Knight First Amendment Institute at Columbia University.(Decell, Caroline) (Entered: 05/21/2018)

May 21, 2018

May 21, 2018

PACER
65

ORDER. The Court is in receipt of the parties' joint status report dated May 21, 2018. ECF No. 64. Defendant U.S. Immigration and Customs Enforcement ("ICE") shall submit a status report advising the Court how many pages of records are responsive to Plaintiff's narrowed request by June 18, 2018 or as soon as ICE completes its responsiveness review, whichever is sooner. Defendant U.S. Department of Justice-Office of Legal Counsel ("DOJ-OLC") shall submit a declaration by May 28, 2018 explaining in more detail the bases for its proposed production schedule. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/23/2018) (rjm) (Entered: 05/23/2018)

May 23, 2018

May 23, 2018

RECAP
66

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated May 29, 2018 re: OLC Production Schedule with Declaration. Document filed by U.S. Department of Justice. (Attachments: # 1 Affidavit Paul P. Colborn)(Blain, Jennifer) (Entered: 05/29/2018)

1 Affidavit Paul P. Colborn

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May 29, 2018

May 29, 2018

PACER
67

ORDER: The Court is in receipt of Defendant U.S. Department of Justice-Office of Legal Counsel ("DOJ-OLC")'s declaration dated May 29, 2018. ECF No. 66. The Court hereby orders DOJ-OLC to complete its processing and production of all responsive documents no later than July 16, 2018. Furthermore, DOJ-OLC should produce those documents that they identify as responsive to Plaintiff's request on a rolling basis. The Court determines that this schedule provides a reasonable time frame for DOJ-OLC to respond to Plaintiff's request. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 5/31/2018) (ne) (Entered: 05/31/2018)

May 31, 2018

May 31, 2018

RECAP
68

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated June 18, 2018 re: Status Update on Behalf of ICE. Document filed by U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

RECAP
69

ORDER: In a joint status report dated May 21, 2018, Defendant United States Immigration and Customs Enforcement ("ICE") proposed to produce records responsive to Plaintiffs Freedom of Information Act ("FOIA") request on a rolling basis, to be completed by December 31, 2018. ECF No. 64. Plaintiff requested a production deadline of August 31, 2018. Id. At that time, ICE did not know how many documents were responsive to Plaintiff's narrowed request. Id. On May 23, 2018, this Court ordered ICE to submit a status report by June 18, 2018 indicating how many pages of records are responsive to Plaintiff's narrowed request. ECF No. 65. On June 18, 2018, ICE wrote to this Court stating that it has determined that 99 pages of documents are most likely responsive to the narrowed request. ECF No. 68. Plaintiff shall file a response by June 25, 2018 indicating its position on a deadline for ICE's production in light of this information. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/21/2018) (rj) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
70

LETTER addressed to Judge Andrew L. Carter, Jr. from Carrie DeCell dated June 22, 2018 re: ICE's Letter dated June 18, 2018. Document filed by Knight First Amendment Institute at Columbia University.(Decell, Caroline) (Entered: 06/22/2018)

June 22, 2018

June 22, 2018

PACER
71

ORDER: The Court hereby ORDERS Defendant U.S. Immigration and Customs Enforcement ("ICE") to complete its processing and production of all responsive documents no later than July 3, 2018. Furthermore, ICE should produce those documents that they identify as responsive to Plaintiff's request on a rolling basis. SO ORDERED. Responses due by 7/3/2018. (Signed by Judge Andrew L. Carter, Jr on 6/26/2018) (rj) (Entered: 06/26/2018)

June 26, 2018

June 26, 2018

PACER
72

LETTER addressed to Judge Andrew L. Carter, Jr. from Carrie DeCell dated July 18, 2018 re: Request for Clarification of Orders Setting DOS and ICE Production Schedules. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Declaration of Carrie DeCell)(Decell, Caroline) (Entered: 07/18/2018)

1 Declaration of Carrie DeCell

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July 18, 2018

July 18, 2018

PACER
73

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated July 20, 2018 re: Plaintiff's July 18, 2018 Letter. Document filed by U.S. Department of State, U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 07/20/2018)

July 20, 2018

July 20, 2018

PACER
74

ORDER: The Court is in receipt of Plaintiff's letter dated July 18, 2018 (ECF No. 72) and Defendants' response dated July 20, 2018 (ECF No. 73). Defendant United States Department of State ("DOS") shall produce all responsive documents by July 31, 2018. Defendant United States Immigration and Customs Enforcement ("ICE") shall make a further submission to this Court stating how many of the referred pages are responsive to Plaintiff's narrowed request and when the review of those pages will be complete by July 25, 2018 at 11:00 a.m. (Signed by Judge Andrew L. Carter, Jr on 7/24/2018) (mro) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
75

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated July 24 2018 re: ICE July 24 Update. Document filed by U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 07/24/2018)

July 24, 2018

July 24, 2018

PACER
76

ORDER: The Court is in receipt of Defendant United States Immigration and Customs Enforcement ("ICE")'s letter dated July 24, 2018 (ECF No. 75). ICE shall submit a status report informing the Court how many documents are responsive to Plaintiff's narrowed request by July 27, 2018. ICE shall also refer any such remaining responsive documents to the relevant agencies no later than July 27, 2018. The Court defers ruling on a production date for any such documents until it receives ICE's status report. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 7/26/2018) (rj) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
77

LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated July 27, 2018 re: Further ICE Update. Document filed by U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 07/27/2018)

July 27, 2018

July 27, 2018

PACER
78

LETTER addressed to Judge Andrew L. Carter, Jr. from the Knight Institute dated 10/05/2018 re: Status Update. Document filed by Knight First Amendment Institute at Columbia University.(Graham, Megan) (Entered: 10/05/2018)

Oct. 5, 2018

Oct. 5, 2018

PACER
79

LETTER addressed to Judge Andrew L. Carter, Jr. from Carrie DeCell dated November 9, 2018 re: Request for Pre-Motion Conference re Motion for Partial Summary Judgment. Document filed by Knight First Amendment Institute at Columbia University.(Decell, Caroline) (Entered: 11/09/2018)

Nov. 9, 2018

Nov. 9, 2018

PACER
80

MEMO ENDORSEMENT on re: 79 Letter regarding Request for Pre-Motion Conference re Motion for Partial Summary Judgment, filed by Knight First Amendment Institute at Columbia University. ENDORSEMENT: SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 11/28/2018) (rj) (Entered: 11/29/2018)

Nov. 28, 2018

Nov. 28, 2018

PACER
81

NOTICE OF APPEARANCE by Caroline Decell on behalf of Knight First Amendment Institute at Columbia University. (Decell, Caroline) (Entered: 12/18/2018)

Dec. 18, 2018

Dec. 18, 2018

RECAP
82

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) (anc) (Entered: 01/02/2019)

Dec. 27, 2018

Dec. 27, 2018

RECAP

Case Stayed. (anc)

Dec. 27, 2018

Dec. 27, 2018

PACER
83

NOTICE OF CHANGE OF ADDRESS by Caroline Decell on behalf of Knight First Amendment Institute at Columbia University. New Address: Knight First Amendment Insitute at Columbia University, 475 Riverside Drive, Suite 302, New York, New York, United States of America 10115, (646) 745-8500. (Decell, Caroline) (Entered: 02/01/2019)

Feb. 1, 2019

Feb. 1, 2019

RECAP
84

MOTION for Aditya Vijay Kamdar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16304455. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Affidavit, # 2 Certificate of Good Standing, # 3 Text of Proposed Order)(Kamdar, Aditya) (Entered: 02/06/2019)

1 Affidavit

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2 Certificate of Good Standing

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3 Text of Proposed Order

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Feb. 6, 2019

Feb. 6, 2019

PACER

>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 84 MOTION for Aditya Vijay Kamdar to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16304455. Motion and supporting papers to be reviewed by Clerk's Office staff.. The document has been reviewed and there are no deficiencies. (bcu)

Feb. 6, 2019

Feb. 6, 2019

PACER
85

ORDER FOR ADMISSION TO PRACTICE PRO HAC VICE granting 84 Motion for Adi Kamdar to Appear Pro Hac Vice. (Signed by Judge Andrew L. Carter, Jr on 2/7/2019) (ks) (Entered: 02/07/2019)

Feb. 7, 2019

Feb. 7, 2019

PACER
86

LETTER MOTION for Extension of Time of Proposed Briefing Schedule, on Consent addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated February 13, 2019. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State, U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 02/13/2019)

Feb. 13, 2019

Feb. 13, 2019

PACER
87

ORDER granting 86 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/15/2019) (mro) (Entered: 02/15/2019)

Feb. 15, 2019

Feb. 15, 2019

PACER

Set/Reset Deadlines: Cross Motions due by 4/15/2019. Motions due by 3/15/2019. Responses due by 5/15/2019 Replies due by 5/29/2019. (mro)

Feb. 15, 2019

Feb. 15, 2019

PACER
88

LETTER MOTION for Leave to File Excess Pages On Consent, and a Status Update Regarding DHS addressed to Judge Andrew L. Carter, Jr. from AUSA Ellen Blain dated February 26, 2019. Document filed by U.S. Citizenship and Immigration Services, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Department of Justice, U.S. Department of State, U.S. Immigration and Customs Enforcement.(Blain, Jennifer) (Entered: 02/26/2019)

Feb. 26, 2019

Feb. 26, 2019

PACER

Case Details