Case: Amadei v. Duke [later Nielsen]

1:17-cv-05967 | U.S. District Court for the Eastern District of New York

Filed Date: Oct. 12, 2017

Closed Date: 2019

Clearinghouse coding complete

Case Summary

On October 12, 2017, nine passengers of a domestic flight sued the U.S. Department of Homeland Security (DHS) after Customs and Border Protection (CBP) officers asked to see every passenger’s identification prior to deplaning. The plaintiffs brought this challenge pursuant to the Administrative Procedure Act (APA) and Declaratory Judgment Act, and alleged that the defendants violated the passengers’ Fourth Amendment rights against unreasonable search and seizure, as well as the APA. Represented…

On October 12, 2017, nine passengers of a domestic flight sued the U.S. Department of Homeland Security (DHS) after Customs and Border Protection (CBP) officers asked to see every passenger’s identification prior to deplaning. The plaintiffs brought this challenge pursuant to the Administrative Procedure Act (APA) and Declaratory Judgment Act, and alleged that the defendants violated the passengers’ Fourth Amendment rights against unreasonable search and seizure, as well as the APA. Represented by the ACLU and the private law firm Covington & Burling, the plaintiffs sought declaratory relief, as well as an injunction restraining the defendants from further such searches and seizures. The suit was brought in the U.S. District Court for the Eastern District of New York.

The complaint asserted that on February 22, 2017, at the request of U.S. Immigration and Customs Enforcement (ICE), CBP officers stopped and searched every passenger on the domestic Delta Airlines flight. Prior to deplaning at New York City’s JFK Airport, CBP officers required all passengers to provide identification. The plaintiffs—all of who were passengers from the flight—stated that the passengers understood they had no option but to comply. Indeed, CBP officers blocked the airplane exit. The plaintiffs argued that the officers had no warrant for the search, nor probable cause that any passenger had committed a crime or reasonable suspicion to justify investigation. The plaintiffs did not consent to any search or seizure. The plaintiffs described the search as frightening and upsetting, and described the officers’ behavior as coercive.

According to the complaint, CBP officers asserted that the incident was part of their routine practice. After media reports on the incident, the complaint indicated that CBP further added that the investigation was part of a search for a particular individual subject to removal from the U.S. The plaintiffs argued, however, that CBP still had not provided a reason for searching every passenger on the flight, especially considering it could have just relied on the flight manifest (passenger list).

The case was assigned to Judge Nicholas G. Garaufis on October 12, 2017.

On January 16, 2018, the defendants moved to stay discovery pending their anticipated motion to dismiss, a request which Magistrate Judge Vera M. Scanlon denied on January 25. On March 9, the defendants filed their motion to dismiss for lack of jurisdiction and for failure to state a claim. Though the court ordered the defendants to comply with discovery orders, that fall, the defendants moved to stay discovery pending the motion to dismiss, among other discovery disputes litigated that year. On December 13, 2018, the court denied the defendants' motion to dismiss. The court found that the plaintiffs had standing to sue because the defendants' conduct was part of an alleged widespread practice, which increased the plaintiffs' chances of being searched on a future domestic flight. The court also found that the plaintiffs had satisfied the final agency action requirement to bring an APA claim.

The parties continued to litigate discovery through the first half of 2019 until the parties notified the court that they had reach a settlement in July and would file for dismissal by September. On September 30, 2019, the parties filed for dismissal and agreed to settle the case.

Under the terms of the agreement, CBP circulated a new policy directive to ports of entry nationwide clarifying that CBP does not have a policy or practice of checking the identification of deplaning domestic passengers. If CBP officers do seek to conduct document checks of deplaning domestic passengers in the future, they were required to make clear through their words and actions that participation is voluntary and request that airline personnel announce over the airplane’s public address system that participation is voluntary. The officers were also required to provide an unimpeded path for passengers to exit the airplane and explain, if asked, that passengers who decline to participate will face no law enforcement consequences as a result. The settlement also allocated $10,000 in attorneys' fees to the ACLU and $30,000 in fees to Covington & Burling.

The court entered judgment dismissing the case on October 10, 2019. The case is now closed.

Summary Authors

Virginia Weeks (12/7/2017)

Virginia Weeks (1/30/2018)

Ava Morgenstern (5/5/2018)

Chelsea Rinnig (1/12/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6168575/parties/amadei-v-duke/


Judge(s)
Attorney for Plaintiff

Choe, Michelle Young-Eun (New York)

Choe, Samantha J. (California)

Diakun, Anna Natalia (New York)

Eiland, Katrina L. (California)

Attorney for Defendant

Donoghue, Richard P. (New York)

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Documents in the Clearinghouse

Document

1:17-cv-05967

Docket [PACER]

Amadei v. Duke

Oct. 10, 2019

Oct. 10, 2019

Docket
1

1:17-cv-05967

Complaint for Declaratory and Injunctive Relief

Amadei v. Duke

Oct. 12, 2017

Oct. 12, 2017

Complaint
83

1:17-cv-05967

Memorandum & Order

Amadei v. Nielsen

Dec. 13, 2018

Dec. 13, 2018

Order/Opinion

1:17-cv-05967

Settlement Agreement

Amadei v. Mcaleenan

July 10, 2019

July 10, 2019

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6168575/amadei-v-duke/

Last updated Feb. 18, 2024, 3:17 a.m.

ECF Number Description Date Link Date / Link

Case Assigned/Reassigned

Oct. 12, 2017

Oct. 12, 2017

PACER
1

COMPLAINT against Thomas Decker, John Does 1 and 2, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo filing fee $ 400, receipt number 0207-9898072 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Matt O'Rourke, Carola Cassaro, Kelley Amadei, Amy Lanigan, Laura Cucullu, Karen Polk, Eric Polk, Corey Fields, Anne Garrett. (Attachments: # 1 Exhibit A, Correspondence between F. Russo and J. Wells dated Feb. 23, 2017, # 2 Exhibit B, Letter of the Hon. Bennie G. Thompson dated Feb. 24, 2017, # 3 Civil Cover Sheet, # 4 Proposed Summons - Decker, # 5 Proposed Summons - Doe 1, # 6 Proposed Summons - Doe 2, # 7 Proposed Summons - Duke, # 8 Proposed Summons - Hayward, # 9 Proposed Summons - Homan, # 10 Proposed Summons - Jennings, # 11 Proposed Summons McAleenan, # 12 Proposed Summons - Russo) (Roman, Neil) (Entered: 10/12/2017)

1 Exhibit A, Correspondence between F. Russo and J. Wells dated Feb. 23, 2017

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2 Exhibit B, Letter of the Hon. Bennie G. Thompson dated Feb. 24, 2017

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3 Civil Cover Sheet

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4 Proposed Summons - Decker

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5 Proposed Summons - Doe 1

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6 Proposed Summons - Doe 2

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7 Proposed Summons - Duke

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8 Proposed Summons - Hayward

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9 Proposed Summons - Homan

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10 Proposed Summons - Jennings

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11 Proposed Summons McAleenan

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12 Proposed Summons - Russo

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Oct. 12, 2017

Oct. 12, 2017

RECAP
2

NOTICE of Appearance by Joshua Benjamin Picker on behalf of Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (aty to be noticed) (Picker, Joshua) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

RECAP

Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla)

Oct. 12, 2017

Oct. 12, 2017

PACER
3

Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
4

In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf. You may withhold your consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
5

This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
6

NOTICE of Appearance by Cecillia Derphine Wang on behalf of All Plaintiffs (aty to be noticed) (Wang, Cecillia) (Entered: 10/25/2017)

Oct. 25, 2017

Oct. 25, 2017

RECAP
7

MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9935220. by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Eiland, Katrina) (Entered: 10/26/2017)

Oct. 26, 2017

Oct. 26, 2017

PACER
8

MOTION for Leave to Appear Pro Hac Vice of Clara J. Shin Filing fee $ 150, receipt number 0207-9953026. by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Shin, Clara) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
9

MOTION for Leave to Appear Pro Hac Vice of Lala R. Qadir Filing fee $ 150, receipt number 0207-9953189. by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Qadir, Lala) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER

Order on Motion for Leave to Appear Pro Hac Vice

Nov. 3, 2017

Nov. 3, 2017

PACER

ORDER granting 9 Motion for Leave to Appear Pro Hac Vice, 10 Motion for Leave to Appear Pro Hac Vice, and 8 Motion for Leave to Appear Pro Hac Vice. Counsel shall register for ECF and file a notice of appearance to ensure receipt of electronic notification of activity in this case. Registration is available online at the EDNY's homepage. Ordered by Magistrate Judge Vera M. Scanlon on 11/3/2017. (Miller, Hannah)

Nov. 3, 2017

Nov. 3, 2017

PACER

Order

Nov. 3, 2017

Nov. 3, 2017

PACER
10

MOTION for Leave to Appear Pro Hac Vice of Samantha J. Choe Filing fee $ 150, receipt number 0207-9954514. by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Choe, Samantha) (Entered: 11/03/2017)

Nov. 3, 2017

Nov. 3, 2017

PACER

ORDER: Katrina Eiland is directed to supplement the materials submitted in support of her Motion for Pro Hac Vice Admission at 7 with an affidavit that is properly notarized and indicates the state and county where the affidavit is sworn, which should appear below the caption and above the name of the movant. Ordered by Magistrate Judge Vera M. Scanlon on 11/3/2017. (Miller, Hannah)

Nov. 3, 2017

Nov. 3, 2017

PACER
11

MOTION to Amend/Correct/Supplement 7 MOTION for Leave to Appear Pro Hac Vice Filing fee $ 150, receipt number 0207-9935220. by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Eiland, Katrina) (Entered: 11/06/2017)

Nov. 6, 2017

Nov. 6, 2017

PACER

ORDER granting 11 Motion to Amend/Correct/Supplement. Counsel shall register for ECF and file a notice of appearance to ensure receipt of electronic notification of activity in this case. Registration is available online at the EDNY's homepage. Ordered by Magistrate Judge Vera M. Scanlon on 11/7/2017. (Pearce, Jessica)

Nov. 7, 2017

Nov. 7, 2017

PACER

Order on Motion to Amend/Correct/Supplement

Nov. 7, 2017

Nov. 7, 2017

PACER
12

NOTICE of Appearance by Katrina Eiland on behalf of All Plaintiffs (notification declined or already on case) (Eiland, Katrina) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
13

NOTICE of Appearance by Samantha J. Choe on behalf of All Plaintiffs (notification declined or already on case) (Choe, Samantha) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
14

NOTICE of Appearance by Lala R. Qadir on behalf of All Plaintiffs (notification declined or already on case) (Qadir, Lala) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

RECAP
15

NOTICE of Appearance by Clara J. Shin on behalf of All Plaintiffs (notification declined or already on case) (Shin, Clara) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
16

SUMMONS Returned Executed by Matt O'Rourke, Carola Cassaro, Kelley Amadei, Amy Lanigan, Laura Cucullu, Karen Polk, Eric Polk, Corey Fields, Anne Garrett. Thomas Decker served on 10/13/2017, answer due 12/12/2017; Elaine Duke served on 10/13/2017, answer due 12/12/2017; Leon Hayward served on 10/13/2017, answer due 12/12/2017; Thomas Homan served on 10/13/2017, answer due 12/12/2017; David Jennings served on 10/13/2017, answer due 12/12/2017; Kevin K. McAleenan served on 10/13/2017, answer due 12/12/2017; Francis J. Russo served on 10/13/2017, answer due 12/12/2017. (Attachments: # 1 Exhibit 1 - Certified Mail Receipt to Elaine C. Duke, # 2 Exhibit 2 - Certified Mail Receipt to Kevin K. McAleenan, # 3 Exhibit 3 - Certified Maiil Receipt to Leon Hayward, # 4 Exhibit 4 - Certified Mail Receipt to Francis J. Russo, # 5 Exhibit 5 - Certified Mail Receipt to Thomas Homan, # 6 Exhibit 6 - Certified Mail Receipt to Thomas Decker, # 7 Exhibit 7 - Certified Mail Receipt to David Jennings, # 8 Exhibit 8 - Certified Mail Receipt to USA c/o Civil-Process Clerk, # 9 Exhibit 9 - Certified Mail Receipt to USA c/o Attorney General Jefferson B. Sessions) (Picker, Joshua) (Entered: 12/07/2017)

1 Exhibit 1 - Certified Mail Receipt to Elaine C. Duke

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2 Exhibit 2 - Certified Mail Receipt to Kevin K. McAleenan

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3 Exhibit 3 - Certified Maiil Receipt to Leon Hayward

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4 Exhibit 4 - Certified Mail Receipt to Francis J. Russo

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5 Exhibit 5 - Certified Mail Receipt to Thomas Homan

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6 Exhibit 6 - Certified Mail Receipt to Thomas Decker

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7 Exhibit 7 - Certified Mail Receipt to David Jennings

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8 Exhibit 8 - Certified Mail Receipt to USA c/o Civil-Process Clerk

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9 Exhibit 9 - Certified Mail Receipt to USA c/o Attorney General Jefferson B. Sess

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Dec. 7, 2017

Dec. 7, 2017

PACER
17

MOTION for Extension of Time to File Answer or otherwise respond to the complaint by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 12/11/2017)

Dec. 11, 2017

Dec. 11, 2017

PACER
18

ORDER granting in part and denying in part 17 Motion for Extension of Time to Answer. Defendants' deadline to answer the Complaint or otherwise move is extended to 1/12/2018. SCHEDULING ORDER: As set forth in the attached Order, an Initial Conference is scheduled for 1/25/2018 at 11:30 AM before Magistrate Judge Scanlon in Courtroom 13A South. Plaintiffs' counsel is directed to confirm with Defendants' counsel that all necessary participants are aware of this conference. Counsel must complete the attached joint proposed scheduling order and file on ECF no later than 1/18/2018. Ordered by Magistrate Judge Vera M. Scanlon on 12/12/2017. (Quinlan, Krista) (Entered: 12/12/2017)

Dec. 12, 2017

Dec. 12, 2017

PACER
19

MOTION for pre motion conference by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 01/11/2018)

Jan. 11, 2018

Jan. 11, 2018

RECAP

Order on Motion for Pre Motion Conference

Jan. 16, 2018

Jan. 16, 2018

PACER
20

MOTION to Stay discovery pending Defendants' anticipated Motion to Dismiss the Complaint by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 01/16/2018)

Jan. 16, 2018

Jan. 16, 2018

RECAP

ORDER re: Defendants' 19 Application for Pre-Motion Conference: The Application is GRANTED. The parties are directed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Defendants' time to answer the complaint is extended until 14 days after entry of the order deciding the anticipated motion. Ordered by Judge Nicholas G. Garaufis on 1/16/2018. (Pressman, Michael)

Jan. 16, 2018

Jan. 16, 2018

PACER
21

RESPONSE in Opposition re 20 MOTION to Stay discovery pending Defendants' anticipated Motion to Dismiss the Complaint filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Roman, Neil) (Entered: 01/18/2018)

Jan. 18, 2018

Jan. 18, 2018

RECAP
22

Letter MOTION for Discovery Requesting Entry of Plaintiffs' Proposed Scheduling Order by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit 1 - Prosposed Initial Scheduling Order) (Roman, Neil) (Entered: 01/18/2018)

1 Exhibit 1 - Prosposed Initial Scheduling Order

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Jan. 18, 2018

Jan. 18, 2018

PACER
23

NOTICE of Appearance by Hugh Handeyside on behalf of All Plaintiffs (aty to be noticed) (Handeyside, Hugh) (Entered: 01/23/2018)

Jan. 23, 2018

Jan. 23, 2018

RECAP

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 1/25/2018 in Courtroom 13A South. Cecillia Wang, Joshua Picker and Neil Roman appearing for Plaintiffs. Dara Olds appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:35-12:00.) (Quinlan, Krista)

Jan. 25, 2018

Jan. 25, 2018

PACER

Initial Conference Hearing

Jan. 25, 2018

Jan. 25, 2018

PACER

Motions terminated, docketed incorrectly: 22 Letter MOTION for Discovery Requesting Entry of Plaintiffs' Proposed Scheduling Order filed by Kelley Amadei, Carola Cassaro, Matt O'Rourke, Laura Cucullu, Karen Polk, Eric Polk, Amy Lanigan, Anne Garrett, Corey Fields. (Quinlan, Krista)

Jan. 25, 2018

Jan. 25, 2018

PACER

Terminate Motions (filed in error)

Jan. 25, 2018

Jan. 25, 2018

PACER
24

ORDER denying 20 Motion to Stay; SCHEDULING ORDER: As discussed during the 1/25/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 4/19/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 4/12/2018, the Parties will file a joint status report letter, of no more than three pages, identifying any outstanding discovery disputes. Defendant failed to participate in the discovery preparation process without justification. Defendant is on notice that it is expected to participate in the litigation and comply with the Court's orders. Such conduct is not expected to continue. The stay is denied without prejudice. Defendant may raise the issue with the District Judge during the PMC. Ordered by Magistrate Judge Vera M. Scanlon on 1/25/2018. Ordered by Magistrate Judge Vera M. Scanlon on 1/25/2018. (Quinlan, Krista) (Entered: 01/30/2018)

Jan. 25, 2018

Jan. 25, 2018

RECAP

Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 2/9/2018. Counsel for all parties present. The court granted Defendants leave to file a motion to dismiss and set the following briefing schedule: Defendants shall serve their anticipated motion on Plaintiffs by no later than March 9, 2018; Plaintiffs shall serve their response on Defendants by no later than April 6, 2018; and Defendants shall serve their reply, if any, on Plaintiffs and file the fully briefed motion by no later than April 20, 2018. The court denied Defendants' motion to stay discovery. (Court Reporter Georgette Betts) (Pressman, Michael)

Feb. 12, 2018

Feb. 12, 2018

PACER

Pre Motion Conference

Feb. 12, 2018

Feb. 12, 2018

PACER
25

Letter serving Defendant's Motion to Dismiss the Complaint by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 03/09/2018)

March 9, 2018

March 9, 2018

RECAP
26

Letter enclosing Stipulation and Proposed Protective Order by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Attachments: # 1 Stipulation and Proposed Protective Order) (Olds, Dara) (Entered: 04/06/2018)

1 Stipulation and Proposed Protective Order

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April 6, 2018

April 6, 2018

PACER

Order on Motion for Leave to Appear Pro Hac Vice

April 9, 2018

April 9, 2018

PACER

ORDER retroactively granting 7 Motion for Leave to Appear Pro Hac Vice as supplemented at 11 . As Ordered by Magistrate Judge Vera M. Scanlon on 4/9/2018. (Miller, Hannah)

April 9, 2018

April 9, 2018

PACER
27

First MOTION to Adjourn Conference and to extend time to file joint discovery letter by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Exhibit A) (Olds, Dara) (Entered: 04/10/2018)

1 Exhibit A

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April 10, 2018

April 10, 2018

PACER
28

RESPONSE in Opposition re 27 First MOTION to Adjourn Conference and to extend time to file joint discovery letter filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Roman, Neil) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

RECAP
29

REPLY to Response to Motion re 27 First MOTION to Adjourn Conference and to extend time to file joint discovery letter filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 04/11/2018)

April 11, 2018

April 11, 2018

RECAP

Order on Motion to Adjourn Conference

April 12, 2018

April 12, 2018

PACER

ORDER granting 27 Motion to Adjourn Conference. The Status Conference previously scheduled for 4/19/2018 is adjourned to 5/1/2018 at 12:30 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The deadline to file a joint status report identifying any outstanding discovery disputes is extended to 4/26/2018. Ordered by Magistrate Judge Vera M. Scanlon on 4/12/2018. (Miller, Hannah)

April 12, 2018

April 12, 2018

PACER
30

Letter from Neil K. Roman to The Honorable Nicholas G. Garaufis Requesting Oral Argument on Defendants' Motion to Dismiss the Complaint by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Roman, Neil) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

RECAP
31

Joint MOTION for Protective Order by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Proposed Protective Order) (Picker, Joshua) (Entered: 04/20/2018)

1 Proposed Protective Order

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April 20, 2018

April 20, 2018

PACER
32

Notice of MOTION to Dismiss for lack of jurisdiction and for failure to state a claim by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Memorandum in Support, # 2 Declaration) (Olds, Dara) (Entered: 04/20/2018)

1 Memorandum in Support

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2 Declaration

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April 20, 2018

April 20, 2018

PACER
33

MEMORANDUM in Opposition re 32 Notice of MOTION to Dismiss for lack of jurisdiction and for failure to state a claim (Plaintiffs' Memorandum in Opposition to Defendants' Motion to Dismiss) filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 04/20/2018)

April 20, 2018

April 20, 2018

RECAP
34

REPLY in Support re 32 Notice of MOTION to Dismiss for lack of jurisdiction and for failure to state a claim filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Declaration, # 2 Exhibit A) (Olds, Dara) (Entered: 04/20/2018)

1 Declaration

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2 Exhibit A

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April 20, 2018

April 20, 2018

RECAP
35

Letter enclosing the Court's courtesy copy of the fully-briefed Motion to Dismiss by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 04/23/2018)

April 23, 2018

April 23, 2018

RECAP
36

MOTION for Discovery by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Attachments: # 1 Plaintiffs's Exhibit A - CBP RFP Responses and Objections, # 2 Plaintiffs' Exhibit B - ICE RFP Responses and Objections, # 3 Plaintiffs' Exhibit C - CBP Interrogatory Responses and Objections, # 4 Plaintiffs' Exhibit D - ICE Interrogatory Responses and Objections) (Olds, Dara) Modified on 5/1/2018 to add motion. (Quinlan, Krista). (Entered: 04/26/2018)

1 Plaintiffs's Exhibit A - CBP RFP Responses and Objections

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2 Plaintiffs' Exhibit B - ICE RFP Responses and Objections

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3 Plaintiffs' Exhibit C - CBP Interrogatory Responses and Objections

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4 Plaintiffs' Exhibit D - ICE Interrogatory Responses and Objections

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April 26, 2018

April 26, 2018

PACER

Scheduling Order

April 30, 2018

April 30, 2018

PACER

RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 5/1/2018 will begin at 11:30 AM (not 12:30 PM) in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Counsel are to confirm amongst themselves that all are aware of this change. Ordered by Magistrate Judge Vera M. Scanlon on 4/30/2018. (Quinlan, Krista)

April 30, 2018

April 30, 2018

PACER

Status Conference

May 1, 2018

May 1, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 5/1/2018 in Courtroom 13A South. Hugh Handeyside and Joshua Picker appearing for Plaintiffs. Dara Olds appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:38-12:41.) (Quinlan, Krista)

May 1, 2018

May 1, 2018

PACER
37

ORDER denying 31 Motion for Protective Order without prejudice; finding as moot 36 Motion for Discovery except for paragraph (1)(a) which was denied; SCHEDULING ORDER: As discussed during the 5/1/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 9/6/2018 at 10:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Fact discovery closes on 10/31/2018. Expert disclosures to be served by 10/1/2018. A revised proposed confidentiality order to be filed by 5/4/2018. Defendant to start rolling production by next week. Production should be complete in 90 days. Plaintiffs to provide initial settlement proposal by 5/8/2018 to Defendant. Ordered by Magistrate Judge Vera M. Scanlon on 5/1/2018. (Quinlan, Krista) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

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38

Letter attaching the Parties' Revised Proposed Protective Order by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Attachments: # 1 Parties' Revised Proposed Stipulation and Order for the Protection of Documents and Information) (Olds, Dara) (Entered: 05/04/2018)

1 Parties' Revised Proposed Stipulation and Order for the Protection of Docu

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May 4, 2018

May 4, 2018

PACER
39

ORDER: The Parties' proposed protective order at [38-1] is "so ordered" as modified herein at Paragraph 1. Ordered by Magistrate Judge Vera M. Scanlon on 5/7/2018. (Tuffaha, Omar) (Entered: 05/07/2018)

May 7, 2018

May 7, 2018

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40

NOTICE by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk re 33 Memorandum in Opposition, Supplemental Authority (Attachments: # 1 Exhibit A) (Handeyside, Hugh) (Entered: 06/04/2018)

1 Exhibit A

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June 4, 2018

June 4, 2018

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41

Letter in response to Plaintiffs' Notice (ECF No. 40) by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 06/13/2018)

June 13, 2018

June 13, 2018

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42

TRANSCRIPT of Proceedings held on May 1, 2018, before Judge Scanlon. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/12/2018. Redacted Transcript Deadline set for 7/23/2018. Release of Transcript Restriction set for 9/19/2018. (Hong, Loan) (Entered: 06/21/2018)

June 21, 2018

June 21, 2018

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43

Letter MOTION to Compel Defendants to respond fully to Plaintiffs' Request for Production No. 16 by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit 1 Defendants Objections and Responses to First Set of Document Requests, # 2 Exhibit 2 Email of J. Picker to D. Olds, # 3 Exhibit 3 Letter of D. Olds to N. Roman, # 4 Exhibit 4 Letter of J. Picker to D. Olds.pdf, # 5 Exhibit 5 Letter of D. Olds to J. Picker) (Roman, Neil) (Entered: 07/12/2018)

1 Exhibit 1 Defendants Objections and Responses to First Set of Document Requests

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2 Exhibit 2 Email of J. Picker to D. Olds

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3 Exhibit 3 Letter of D. Olds to N. Roman

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4 Exhibit 4 Letter of J. Picker to D. Olds.pdf

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5 Exhibit 5 Letter of D. Olds to J. Picker

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July 12, 2018

July 12, 2018

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44

RESPONSE to Motion re 43 Letter MOTION to Compel Defendants to respond fully to Plaintiffs' Request for Production No. 16 filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 07/17/2018)

July 17, 2018

July 17, 2018

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45

Letter MOTION to Compel Defendants to Complete Their Document Production By August 15, 2018 by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit 1 - June 14, 2018 Email from D. Olds to J. Picker, # 2 Exhibit 2 - July 20, 2018 Email from D. Olds to J. Picker, # 3 Exhibit 3 - August 1, 2018 Email from D. Olds to J. Picker) (Picker, Joshua) (Entered: 08/02/2018)

1 Exhibit 1 - June 14, 2018 Email from D. Olds to J. Picker

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2 Exhibit 2 - July 20, 2018 Email from D. Olds to J. Picker

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3 Exhibit 3 - August 1, 2018 Email from D. Olds to J. Picker

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Aug. 2, 2018

Aug. 2, 2018

PACER
46

RESPONSE in Opposition re 45 Letter MOTION to Compel Defendants to Complete Their Document Production By August 15, 2018 filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 08/07/2018)

Aug. 7, 2018

Aug. 7, 2018

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Scheduling Order

Aug. 8, 2018

Aug. 8, 2018

PACER

SCHEDULING ORDER: A Status Conference is set for 8/15/2018 at 3:45 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. Ordered by Magistrate Judge Vera M. Scanlon on 8/8/2018. (Tuffaha, Omar)

Aug. 8, 2018

Aug. 8, 2018

PACER

Status Conference

Aug. 15, 2018

Aug. 15, 2018

PACER

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 8/15/2018 in Courtroom 13A South. Hugh Handeyside and Joshua Picker appearing for Plaintiffs. Dara Olds appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:50-4:59.) (Quinlan, Krista)

Aug. 15, 2018

Aug. 15, 2018

PACER
48

ORDER granting in part and denying in part 43 Motion to Compel; granting in part and denying in part 45 Motion to Compel. SCHEDULING ORDER: As discussed during the 8/15/2018 conference (see attached order for additional detail and deadlines), all discovery must be completed by 1/4/2019. On or before 1/4/2019, the Parties will file a joint status report letter confirming that discovery is complete. On or before 2/1/2019, the Parties will initiate any dispositive motions in accordance with the Individual Rules of the District Judge. On or before 3/1/2019, the Parties will file their joint Proposed Pretrial Order. An in person Status Conference is set for 11/19/2018 at 11:00 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. By 9/30/2018, Defendant is to complete the entire production of documents responsive to the outstanding document requests for the custodians whose Defendant has already searched. By 10/31/2018, Defendant is to produce the responsive documents held by the fourteen custodians identified and discussed during the conference. If Defendants can show any of these individuals are to proper targets, Defendant's counsel must meet and confer with Plaintiffs' counsel and try to resolve the issues. If they cannot agree, they can raise the dispute with the Court. Defendant will produce the documents identified in the Rule 26 disclosure ASAP. Counsel are to confer as to the deposition schedule so that the depositions are done by the close of discovery and submit a letter with the schedule outline by 9/12/2018. Defendants are reminded that the agency and counsel, including supportive offices, must dedicate sufficient resources to comply with discovery deadlines. The Defendants have been advised that they are expected to fully and actively participate in the litigation. Ordered by Magistrate Judge Vera M. Scanlon on 8/15/2018. (Quinlan, Krista) (Entered: 08/20/2018)

Aug. 15, 2018

Aug. 15, 2018

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47

TRANSCRIPT of Proceedings held on August 15, 2018, before Judge Scanlon. Court Transcriber: Aria Services, Inc., Telephone number 845-260-1377. Email address: aria@leinen.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 9/7/2018. Redacted Transcript Deadline set for 9/17/2018. Release of Transcript Restriction set for 11/15/2018. (Rocco, Christine) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
49

Joint MOTION to Adjourn Conference Currently Scheduled for September 6, 2018 and Modify the Date By Which the Parties Must Disclose Any Expert Witnesses by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Picker, Joshua) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

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Order on Motion to Adjourn Conference

Aug. 23, 2018

Aug. 23, 2018

PACER

ORDER granting 49 Motion to Adjourn Conference. The 9/6/2018 status conference is adjourned to 11/19/2018. The parties time to disclose expert witnesses is extended to 12/3/2018. Ordered by Magistrate Judge Vera M. Scanlon on 8/23/2018. (Quinlan, Krista)

Aug. 23, 2018

Aug. 23, 2018

PACER
50

NOTICE of Appearance by Matthew J. Modafferi on behalf of Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (aty to be noticed) (Modafferi, Matthew) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

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51

Letter regarding deposition schedule by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Picker, Joshua) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

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52

Letter concerning deposition schedule by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 09/12/2018)

Sept. 12, 2018

Sept. 12, 2018

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53

TRANSCRIPT of Proceedings held on January 25, 2018, before Judge Scanlon. Court Reporter/Transcriber TypeWrite Word Processing Service, Telephone number 518-581-8973. Email address: transcripts@typewp.com. 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.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 10/4/2018. Redacted Transcript Deadline set for 10/15/2018. Release of Transcript Restriction set for 12/12/2018. (Hong, Loan) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
54

Letter concerning Plaintiffs' September 12, 2018 letter [ECF No. 51] by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

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55

NOTICE of Appearance by Michelle Young-Eun Choe on behalf of Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (aty to be noticed) (Choe, Michelle) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

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56

Notice of MOTION to Stay (renewed motion to stay discovery pending the outcome of defendants' motion to dismiss) by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Memorandum in Support, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E) (Olds, Dara) (Entered: 09/27/2018)

1 Memorandum in Support

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Exhibit E

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Sept. 27, 2018

Sept. 27, 2018

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57

Letter regarding Defendants' Motion Renewing Their Request to Stay Discovery by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Picker, Joshua) (Entered: 10/01/2018)

Oct. 1, 2018

Oct. 1, 2018

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58

Letter regarding Plaintiffs' opposition to Defendants' renewed motion to stay discovery by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 10/03/2018)

Oct. 3, 2018

Oct. 3, 2018

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Order on Motion to Stay

Oct. 4, 2018

Oct. 4, 2018

PACER

ORDER: The Motion to Stay at 56 is denied for failing to comply with Magistrate Judge Scanlon's Individual Practice Rules, as well as the requirement in Local Civil Rule 37.3 to confer in good faith in person or by telephone prior to seeking judicial resolution of a discovery or non-dispositive pretrial dispute. Within the next 10 days, counsel are expected to confer in person to resolve any outstanding discovery issues, and, if any issues still remain, to submit a joint letter by 10/19/2018. The Status Conference currently scheduled for 11/19/2018 is advanced to 10/25/2018 at 11:30 A.M. in Courtroom 13A South before Magistrate Judge Scanlon. Counsel are expected to conduct the agreed-upon depositions, unless there is a mutual agreement that they be rescheduled. Ordered by Magistrate Judge Vera M. Scanlon on 10/4/2018. (Tuffaha, Omar)

Oct. 4, 2018

Oct. 4, 2018

PACER
59

Letter MOTION for Protective Order by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Exhibit A - Plaintiffs' 30(b)(6) Notice, # 2 Exhibit B - Defendants' Objections to Plaintiffs' 30(b)(6) Notice, # 3 Exhibit C - Defendants' Further Objections to Plaintiffs' 30(b)(6) Notice, # 4 Exhibit D - Plaintiffs' Response to Defendants' Objections) (Olds, Dara) (Entered: 10/12/2018)

1 Exhibit A - Plaintiffs' 30(b)(6) Notice

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2 Exhibit B - Defendants' Objections to Plaintiffs' 30(b)(6) Notice

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3 Exhibit C - Defendants' Further Objections to Plaintiffs' 30(b)(6) No

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4 Exhibit D - Plaintiffs' Response to Defendants' Objections

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Oct. 12, 2018

Oct. 12, 2018

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60

RESPONSE in Opposition re 59 Letter MOTION for Protective Order filed by All Plaintiffs. (Handeyside, Hugh) (Entered: 10/17/2018)

Oct. 17, 2018

Oct. 17, 2018

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61

Letter MOTION to Stay discovery pending a decision on Defendants' motion to dismiss (renewed) by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Modafferi, Matthew) (Entered: 10/19/2018)

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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Oct. 19, 2018

Oct. 19, 2018

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62

Letter Joint Discovery Status Update (pursuant to the Court's October 4, 2018 Order) by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

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63

Letter Corrected Joint Discovery Status Update (pursuant to the Court's October 4, 2018 Order) by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Attachments: # 1 Exhibit 1 - ICE Letter and Productio) (Olds, Dara) (Entered: 10/19/2018)

1 Exhibit 1 - ICE Letter and Productio

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Oct. 19, 2018

Oct. 19, 2018

PACER
64

MOTION for Leave to Electronically File Document under Seal by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Confidential Email 1, # 2 Confidential Email 2) (Olds, Dara) (Entered: 10/19/2018)

Oct. 19, 2018

Oct. 19, 2018

PACER
65

RESPONSE in Opposition re 61 Letter MOTION to Stay discovery pending a decision on Defendants' motion to dismiss (renewed) filed by All Plaintiffs. (Handeyside, Hugh) (Entered: 10/24/2018)

Oct. 24, 2018

Oct. 24, 2018

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66

NOTICE of Appearance by Anna Diakun on behalf of All Plaintiffs (aty to be noticed) (Diakun, Anna) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

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Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 10/25/2018 in Courtroom 13A South. Anna Diakun, Hugh Handeyside and Joshua Picker appearing for Plaintiffs. Dara Olds appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:39-12:27.) (Quinlan, Krista)

Oct. 25, 2018

Oct. 25, 2018

PACER
67

ORDER denying 59 Motion for Protective Order; denying 61 Motion to Stay; granting 64 Motion for Leave to Electronically File Document under Seal. Counsel is directed to file the original document under seal as a separate entry. Instructions on filing sealed documents on ECF are located at www.nyed.uscourts.gov. SCHEDULING ORDER: As discussed during the 10/25/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 11/6/2018 at 2:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 11/5/2018, the Parties will file a joint status report letter. Counsel are to meet and confer as to 30(b)(6) and other discovery issues. The Court ruled on the record as to the McAleenan emails, and the Lanaola and Groves depositions which may proceed. Plaintiff may take at least twenty depositions on this case without additional permission from the Court. Ordered by Magistrate Judge Vera M. Scanlon on 10/25/2018. (Quinlan, Krista) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

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Case Details

State / Territory: New York

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 12, 2017

Closing Date: 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nine Delta Airlines domestic flight passengers

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU National (all projects)

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

U.S. Department of Homeland Security, Federal

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Unreasonable search and seizure

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Voluntary Dismissal

Amount Defendant Pays: 40,000

Issues

General:

Search policies

Policing:

False arrest

Immigration/Border:

Border police

Constitutional rights