U.S. District Court Eastern District of New York (Brooklyn) CIVIL DOCKET FOR CASE #: 1:17-cv-05967-NGG-VMS

Amadei et al v. Duke et al Assigned to: Judge Nicholas G. Garaufis Referred to: Magistrate Judge Vera M. Scanlon Cause: 05:702 Administrative Procedure Act

Date Filed: 10/12/2017 Date Terminated: 10/10/2019 Jury Demand: Plaintiff Nature of Suit: 899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision Jurisdiction: U.S. Government Defendant

Plaintiff Kelley Amadei

represented by Anna Diakun 475 Riverside Drive Suite 302 New York City, NY 10115 646-745-8500 Email: adiakun@aclu.org ATTORNEY TO BE NOTICED

Cecillia Derphine Wang ACLU Immigrant's Rights Project Senior Staff Counsel 125 Broad Street 18th Floor New York, NY 10004 415-343-0775 Fax: 415-395-0950 Email: cwang@aclu.org ATTORNEY TO BE NOTICED

Clara J. Shin Covington & Burling LLP One Front Street San Francisco, CA 94111 415-591-7058 Fax: 415-591-6091 Email: cshin@cov.com PRO HAC VICE ATTORNEY TO BE NOTICED

Hugh Handeyside American Civil Liberties Union Foundation 125 Broad St, 18th Floor New York, NY 10004 212-519-7857 Fax: 212-549-2564 Email: hhandeyside@aclu.org ATTORNEY TO BE NOTICED
Joshua Benjamin Picker Covington & Burling LLP 620 8th Ave, 42 Fl New York, NY 10018 212-841-1000 Fax: 646-441-9124 Email: jpicker@cov.com ATTORNEY TO BE NOTICED
Katrina Eiland American Civil Liberties Union Foundation 39 Drumm St San Francisco, CA 94111 415-343-0782 Fax: 415-395-0950 Email: keiland@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir Covington & Burling LLP One Citycenter 850 Tenth Street, Nw Washington, DC 20001 202-662-5013 Fax: 202-662-6291 Email: lqadir@cov.com PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe Covington & Burling LLP The New York Times Building The New York Times Building 620 Eighth Avenue

Plaintiff Carola Cassaro

New York, NY 10018 212-841-1258 Fax: 646-441-9258 Email: mchoe@cov.com ATTORNEY TO BE NOTICED
Samantha J. Choe Covington & Burling LLP Salesforce Tower 415 Mission Street Suite 5400 San Francisco, CA 94105 415-591-6000 Email: schoe@cov.com ATTORNEY TO BE NOTICED
Neil Kenneth Roman Covington & Burling LLP 620 Eighth Avenue New York, NY 10018 212-379-1221 Fax: 646-441-9221 Email: nroman@cov.com ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED

Plaintiff Laura Cucullu

Katrina Eiland (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland

Plaintiff Corey Fields

(See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland (See above for address) PRO HAC VICE

Plaintiff Anne Garrett

ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Amy Lanigan

Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address)

Plaintiff Matt O'Rourke

PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED

Plaintiff Eric Polk

Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe

Plaintiff Karen Polk

(See above for address) ATTORNEY TO BE NOTICED
Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED
represented by Anna Diakun (See above for address) ATTORNEY TO BE NOTICED
Cecillia Derphine Wang (See above for address) ATTORNEY TO BE NOTICED
Clara J. Shin (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Hugh Handeyside (See above for address) ATTORNEY TO BE NOTICED
Joshua Benjamin Picker (See above for address) ATTORNEY TO BE NOTICED
Katrina Eiland (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Lala R. Qadir (See above for address) PRO HAC VICE ATTORNEY TO BE NOTICED
Michelle Young-Eun Choe (See above for address) ATTORNEY TO BE NOTICED

Samantha J. Choe (See above for address) ATTORNEY TO BE NOTICED
Neil Kenneth Roman (See above for address) ATTORNEY TO BE NOTICED

V. Defendant Elaine Duke Acting Secretary of Homeland Security, named in her official capacity
Defendant Kevin K. McAleenan Acting Commissioner, U.S. Customs and Border Protection, named in his official capacity
Defendant Leon Hayward Acting Director, New York Field

represented by Dara A Olds United States Attorney's Office Eastern District Of New York 271 Cadman Plaza East Brooklyn, NY 11201 718-254-6148 Fax: 718-254-6082 Email: dara.olds@usdoj.gov ATTORNEY TO BE NOTICED
Matthew J. Modafferi US Attorney's Office/EDNY 271a Cadman Plaza East Brooklyn, NY 11201 (718)254-6229 Fax: (718)254-6081 Email: matthew.modafferi@usdoj.gov ATTORNEY TO BE NOTICED
represented by Dara A Olds (See above for address) ATTORNEY TO BE NOTICED
Matthew J. Modafferi (See above for address) ATTORNEY TO BE NOTICED
represented by Dara A Olds (See above for address)

Operations, U.S. Customs and Border Protection, named in his official capacity
Defendant Francis J. Russo Port Director, JFK nternational Airport Port of Entry, U.S. Customs and Border Protection, named in his official capacity
Defendant Thomas Homan Acting Director, U.S. Immigration and Customs Enforcement, named in his official capacity
Defendant Thomas Decker Director, New York Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, named in his official capacity
Defendant David Jennings Director, San Francisco Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, named in his official capacity
Defendant

ATTORNEY TO BE NOTICED
Matthew J. Modafferi (See above for address) ATTORNEY TO BE NOTICED
represented by Dara A Olds (See above for address) ATTORNEY TO BE NOTICED
Matthew J. Modafferi (See above for address) ATTORNEY TO BE NOTICED
represented by Dara A Olds (See above for address) ATTORNEY TO BE NOTICED
Matthew J. Modafferi (See above for address) ATTORNEY TO BE NOTICED
represented by Dara A Olds (See above for address) ATTORNEY TO BE NOTICED
Matthew J. Modafferi (See above for address) ATTORNEY TO BE NOTICED
represented by Dara A Olds (See above for address) ATTORNEY TO BE NOTICED
Matthew J. Modafferi (See above for address) ATTORNEY TO BE NOTICED

John Does 1 and 2 U.S. Customs and Border Protection officers, named in their official capacity

Date Filed 10/12/2017
10/12/2017 10/12/2017 10/12/2017 10/12/2017

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

10/12/2017

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)

10/25/2017 6 NOTICE of Appearance by Cecillia Derphine Wang on behalf of All Plaintiffs (aty to be noticed) (Wang, Cecillia) (Entered: 10/25/2017)

10/26/2017

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)

11/02/2017

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)

11/02/2017

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)

11/03/2017

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)

11/03/2017

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) (Entered: 11/03/2017)

11/03/2017

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) (Entered: 11/03/2017)

11/06/2017

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)

11/07/2017

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) (Entered: 11/07/2017)

11/07/2017

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

11/07/2017

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)

11/07/2017

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)

11/07/2017

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)

12/07/2017

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 CivilProcess Clerk, # 9 Exhibit 9 - Certified Mail Receipt to USA c/o Attorney General Jefferson B. Sessions) (Picker, Joshua) (Entered: 12/07/2017)

12/11/2017

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)

12/12/2017

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)

01/11/2018

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)

01/16/2018

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)

01/16/2018

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) (Entered: 01/16/2018)

01/18/2018

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)

01/18/2018

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)

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

01/25/2018 01/25/2018

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) (Entered: 01/25/2018)
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) (Entered: 01/25/2018)

01/25/2018

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)

02/12/2018

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) (Entered: 02/12/2018)

03/09/2018

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)

04/06/2018

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)

04/09/2018

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) (Entered: 04/09/2018)

04/10/2018

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)

04/11/2018

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)

04/11/2018

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)

04/12/2018

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) (Entered: 04/12/2018)

04/20/2018

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)

04/20/2018

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)

04/20/2018 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)

04/20/2018

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)

04/20/2018

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)

04/23/2018

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)

04/26/2018

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)

04/30/2018

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) (Entered: 04/30/2018)

05/01/2018

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) (Entered: 05/01/2018)

05/01/2018 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)

05/04/2018

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)

05/07/2018

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)

06/04/2018

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)

06/13/2018

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)

06/21/2018

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)

07/12/2018

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)

07/17/2018

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)

08/02/2018

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)

08/07/2018

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)

08/08/2018

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) (Entered: 08/08/2018)

08/15/2018

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) (Entered: 08/20/2018)

08/15/2018

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)

08/17/2018

47 TRANSCRIPT of Proceedings held on August 15, 2018, before Judge Scanlon. Court Transcriber: Aria Services, Inc., Telephone number 845260-1377. 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)

08/22/2018

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)

08/23/2018

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) (Entered: 08/23/2018)

09/07/2018

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)

09/12/2018

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)

09/12/2018

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)

09/13/2018

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)

09/13/2018

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)

09/17/2018

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)

09/27/2018

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)

10/01/2018

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)

10/03/2018

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)

10/04/2018

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 nondispositive 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) (Entered: 10/04/2018)

10/12/2018

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)

10/17/2018 60 RESPONSE in Opposition re 59 Letter MOTION for Protective Order filed by All Plaintiffs. (Handeyside, Hugh) (Entered: 10/17/2018)

10/19/2018

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)

10/19/2018

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)

10/19/2018

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)

10/19/2018

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)

10/24/2018

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)

10/25/2018 66 NOTICE of Appearance by Anna Diakun on behalf of All Plaintiffs (aty to be noticed) (Diakun, Anna) (Entered: 10/25/2018)

10/25/2018

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) (Entered: 10/25/2018)

10/25/2018

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)

10/29/2018

68 TRANSCRIPT of Proceedings held on October 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 11/19/2018. Redacted Transcript Deadline set for 11/29/2018. Release of Transcript Restriction set for 1/28/2019. (Hong, Loan) (Entered: 10/29/2018)

11/05/2018

69 MOTION to Compel by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (Handeyside, Hugh) Modified on 11/6/2018 to add motion. (Quinlan, Krista). (Entered: 11/05/2018)

11/05/2018

70 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Modafferi, Matthew) (Entered: 11/05/2018)

11/05/2018

71 MEMORANDUM in Support re 70 Appeal of Magistrate Judge Decision to District Court filed 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, # 5 Exhibit E) (Modafferi, Matthew) (Entered: 11/05/2018)

11/06/2018

ORDER re: Defendants' 70 Appeal of Magistrate Judge Decision: Plaintiffs are DIRECTED to respond to Defendants Appeal by no later than November 9, 2018. Defendants may file a reply, if any, by no later than November 13, 2018. Ordered by Judge Nicholas G. Garaufis on 11/6/2018. (Tuchman, Rachel) (Entered: 11/06/2018)

11/06/2018

72 Letter MOTION for Extension of Time to File Response/Reply as to 70 Appeal of Magistrate Judge Decision to District Court by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Picker, Joshua) (Entered: 11/06/2018)

11/06/2018

ORDER re: Plaintiffs' 72 Motion for Extension of Time: The Motion is GRANTED in part. Because Defendants' appeal is filed pursuant to Federal Rule of Civil Procedure 72(a), Local Civil Rule 37.3 is inapplicable and, accordingly, the relevant page limits for the appeal are set forth in the undersigned's Individual Rule III(c). Plaintiffs shall serve and file their response by no later than November 16, 2018; and Defendants shall serve and file their reply, if any, by no later than November 21, 2018. Discovery in this matter will not be stayed during the pendency of the court's consideration of Defendants' appeal. Ordered

by Judge Nicholas G. Garaufis on 11/6/2018. (Tuchman, Rachel) (Entered: 11/06/2018)

11/06/2018

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 11/6/2018 in Courtroom 13A South. Anna Diakun, Hugh Handeyside and Joshua Picker appearing for Plaintiffs. Dara Olds and Matthew Modafferi appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #2:10-3:36.) (Quinlan, Krista) (Entered: 11/06/2018)

11/06/2018

73 ORDER granting in part and denying in part 69 Motion to Compel. SCHEDULING ORDER: As discussed during the 11/6/2018 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 1/8/2019 at 11:30 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. On or before 1/4/2019, the Parties will file a joint status report letter. The Court decided the Rule 30(b)(6) issues on the record. Counsel are expected to complete all related 30(b)(6) depositions by 12/28/2018. Ordered by Magistrate Judge Vera M. Scanlon on 11/6/2018. (Quinlan, Krista) (Entered: 11/06/2018)

11/07/2018

74 TRANSCRIPT of Proceedings held on February 9, 2018, before Judge Garaufis. Court Reporter: Georgette Betts, Telephone number 718-8042777. Email address: georgetteb25@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 11/28/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/5/2019. (Rocco, Christine) (Entered: 11/07/2018)

11/09/2018

75 TRANSCRIPT of Proceedings held on November 6, 2018, before Judge Scanlon. Court 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 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 11/30/2018. Redacted Transcript Deadline set for 12/10/2018. Release of Transcript Restriction set for 2/7/2019. (Rocco, Christine) (Entered: 11/09/2018)

11/16/2018

76 MEMORANDUM in Opposition re 70 Appeal of Magistrate Judge Decision to District Court filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric

Polk, Karen Polk. (Attachments: # 1 Exhibit A - May 1, 2018 Hrg Tr. excerpts_, # 2 Exhibit B - October 25, 2018 Hrg Tr. excerpts_, # 3 Exhibit C - Filed Under Seal, # 4 Exhibit D - Filed Under Seal, # 5 Exhibit E - Filed Under Seal, # 6 Exhibit F - Filed Under Seal, # 7 Exhibit G - Thomas - DLT_00000144 (redacted)_, # 8 Exhibit H Thomas - DLT_00000154 (redacted)_, # 9 Exhibit I - Wolf DLT_00000072 (redacted)_, # 10 Exhibit J - August 15, 2018 Hrg Tr. excerpts_, # 11 Exhibit K - October 2, 2018 Perez Tr. excerpts, # 12 Exhibit L - Filed Under Seal, # 13 Certificate of Service) (Roman, Neil) (Entered: 11/16/2018)

11/16/2018

77 Letter MOTION for Leave to Electronically File Document under Seal by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Plaintiffs' Memorandum of Law in Opposition to Defendants' Objections to the Magistrate Judges October 25 Discovery Order, # 2 Exhibit C to Plaintiffs' Memorandum of Law, # 3 Exhibit D to Plaintiffs' Memorandum of Law, # 4 Exhibit E to Plaintiffs' Memorandum of Law, # 5 Exhibit F to Plaintiffs' Memorandum of Law, # 6 Exhibit L to Plaintiffs' Memorandum of Law, # 7 Certificate of Service) (Picker, Joshua) (Entered: 11/16/2018)

11/20/2018

78 ORDER granting 77 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. So Ordered by Judge Nicholas G. Garaufis on 11/19/2018. (Lee, Tiffeny) (Entered: 11/20/2018)

11/20/2018

79 MEMORANDUM in Opposition re 70 Appeal of Magistrate Judge Decision to District Court filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit C to Memorandum of Law, # 2 Exhibit D to Memorandum of Law, # 3 Exhibit E to Memorandum of Law, # 4 Exhibit F to Memorandum of Law, # 5 Exhibit L to Memorandum of Law) (Roman, Neil) (Entered: 11/20/2018)

11/21/2018

80 REPLY in Support re 70 Appeal of Magistrate Judge Decision to District Court filed 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, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G) (Modafferi, Matthew) (Entered: 11/21/2018)

11/21/2018

81 Letter 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 Defendants' Unredacted Reply Memorandum of Law, # 2 Unredacted Exhibit C) (Olds, Dara) (Entered: 11/21/2018)

11/26/2018

ORDER granting 81 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. Ordered by Magistrate Judge Vera M. Scanlon on 11/26/2018. (Tuffaha, Omar) (Entered: 11/26/2018)

11/26/2018

82 REPLY in Support re 70 Appeal of Magistrate Judge Decision to District Court filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Attachments: # 1 Exhibit C to Reply Memorandum of Law) (Olds, Dara) (Entered: 11/26/2018)

12/13/2018

83 MEMORANDUM & ORDER, For the foregoing reasons, Defendants' motion to dismiss (Dkt. 32 ) is DENIED. Defendants' motion to dismiss Plaintiffs' APA claim is DENIED. Defendants' motion to stay discovery pending a decision on Defendants' motion to dismiss (Dkt. 70 ) is DENIED as moot. So Ordered by Judge Nicholas G. Garaufis on 12/13/2018. (Lee, Tiffeny) (Entered: 12/13/2018)

12/13/2018

ORDER as to 70 Appeal of Magistrate Judge Decision to District Court filed by Leon Hayward, David Jennings, Thomas Homan, Elaine Duke, Francis J. Russo, Kevin K. McAleenan, Thomas Decker. See Doc. 83 . So Ordered by Judge Nicholas G. Garaufis on 12/13/2018. (Lee, Tiffeny) (Entered: 12/13/2018)

12/14/2018

ORDER: In light of the District Judge's Order at 83 , the joint status report letter due 1/4/2019 (see 73 ) should include a detailed list of the Parties' anticipated remaining discovery, including document requests and responses, interrogatories, and depositions. The current discovery deadline of 1/4/2019 is extended to 1/8/2019, the date of the next scheduled status conference. Ordered by Magistrate Judge Vera M. Scanlon on 12/14/2018. (Tuffaha, Omar) (Entered: 12/14/2018)

12/28/2018

84 MOTION to Continue Notice of Motion and Motion for a Continuation of Deadlines in Light of Lapse of Appropriations by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan. (Olds, Dara) (Entered: 12/28/2018)

01/04/2019

85 Consent MOTION for Extension of Time to File to file the parties' joint status letter and to adjourn the conference scheduled for January 8, 2019 by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 01/04/2019)

01/04/2019

ORDER granting Motion at 85 . The Status Conference currently scheduled for 1/8/2019 is adjourned to 2/12/2019 at 3:00 PM before Magistrate Judge Scanlon in Courtroom 13A South. The deadline for the Parties to file a joint status letter is extended until 2/7/2019. The discovery deadline is extended to 2/12/2019. In light of this order, the motion at 84 is moot. Ordered by Magistrate Judge Vera M. Scanlon on 1/4/2019. (Tuffaha, Omar) (Entered: 01/04/2019)

02/06/2019

86 Letter MOTION to Compel Document Production by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit A - Plaintiffs' Fourth Request for Production of Documents, Dated September 21, 2018 (Redacted), # 2 Exhibit B - Defendants' Objections and Responses to Plaintiffs' Fourth Set of Document Requests, Dated October 24, 2018 (Redacted), # 3 Exhibit C - Plaintiffs' Letter Response, Dated November 16, 2018 (Redacted), # 4 Exhibit D Defendants' Letter Reply, Dated November 27, 2018 (Redacted), # 5 Certificate of Service) (Choe, Michelle) (Entered: 02/06/2019)

02/06/2019

87 Letter MOTION for Leave to Electronically File Document under Seal by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Letter Motion to Compel Production, # 2 Exhibit A to Letter Motion to Compel Production, # 3 Exhibit B to Letter Motion to Compel Production, # 4 Exhibit C to Letter Motion to Compel Production, # 5 Exhibit D to Letter Motion to Compel Production, # 6 Certificate of Service) (Choe, Michelle) (Entered: 02/06/2019)

02/07/2019

88 Letter to Honorable Vera M. Scanlon Regarding Status of Discovery by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Picker, Joshua) (Entered: 02/07/2019)

02/08/2019

ORDER granting 87 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. Ordered by Magistrate Judge Vera M. Scanlon on 2/8/2019. (Tuffaha, Omar) (Entered: 02/08/2019)

02/08/2019

89 ANSWER to 1 Complaint,,, by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Modafferi, Matthew) (Entered: 02/08/2019)

02/11/2019

90 MOTION to Compel Document Production by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit A - Plaintiffs' Fourth Request for Production of Documents, Dated September 21, 2018,

# 2 Exhibit B - Defendants' Objections and Responses to Plaintiffs' Fourth Set of Document Requests, Dated October 24, 2018, # 3 Exhibit C Plaintiffs' Letter Response, Dated November 16, 2018, # 4 Exhibit D Defendants' Letter Reply, Dated November 27, 2018, # 5 Certificate of Service) (Choe, Michelle) (Entered: 02/11/2019)

02/11/2019

91 Letter 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 Defendants' Opposition to Plaintiffs' Motion to Compel) (Olds, Dara) (Entered: 02/11/2019)

02/11/2019

92 RESPONSE in Opposition re 90 MOTION to Compel Document Production (redacted version of Defendants' opposition to Plaintiffs' Motion to Compel Document Production) filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 02/11/2019)

02/12/2019

ORDER granting 91 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. Ordered by Magistrate Judge Vera M. Scanlon on 2/12/2019. (Tuffaha, Omar) (Entered: 02/12/2019)

02/12/2019

93 RESPONSE in Opposition re 90 MOTION to Compel Document Production filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 02/12/2019)

02/12/2019

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 2/12/2019 in Courtroom 13A South. Anna Diakun and Hugh Handeyside appearing for Plaintiffs. Matthew Modafferi and Dara Olds appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #3:01-4:27; sealed-3:50-4:01) (Quinlan, Krista). (Entered: 02/13/2019)

02/12/2019

94 ORDER granting in part and denying in part 86 Motion to Compel; granting in part and denying in part 90 Motion to Compel. SCHEDULING ORDER: As discussed during the 2/12/2019 conference (see attached order for additional detail and deadlines), an in person Status Conference is set for 5/14/2019 at 12:00 PM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. By 2/26/2019, Defendants to provide all identifying information as to physical characteristics and identification pedigree information (eg DOB, nationality) available to ICE/DOB/CBP on 2/22/2019, as well as relevant metadata. Defendants to provide training materials as discussed as to the Fourth Amendment. Defendant to provide training materials as to the by-

pass training material between JFK/Miami unless Defendants can establish the law enforcement sensitive material. Characteristics such that disclosure is not required. As to 88 , A) Privilege for the McAleenan due by 2/15/2019. The parties are to schedule the depositions of the three witnesses whose depositions were adjourned because of the shutdown of the government. The parties are also to schedule the Evansky and Murdock depositions. Counsel are to schedule the remaining Plaintiff has has not been deposed. Counsel will update the Court on Rule 30(b)(6) deposition by 2/22/019. Ordered by Magistrate Judge Vera M. Scanlon on 2/12/2019. (Quinlan, Krista) (Entered: 02/13/2019)

02/20/2019

95 TRANSCRIPT of Proceedings held on February 12, 2019, before Judge Scanlon. Court Transcriber: Transcription Plus II, Inc.. Email address: laferrara44@gmail.com. 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 3/13/2019. Redacted Transcript Deadline set for 3/25/2019. Release of Transcript Restriction set for 5/21/2019. (Rocco, Christine) (Entered: 02/20/2019)

02/22/2019

97 Joint MOTION for Discovery re: Request for Court to Set Briefing Schedule to Evaluate the Assertion of Attorney-Client Privilege by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Picker, Joshua) (Entered: 02/22/2019)

02/22/2019

98 Letter MOTION for Protective Order regarding Plaintiffs' 30(b)(6) Notice by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 02/22/2019)

02/26/2019

99 Letter MOTION for Extension of Time to File (request for a one-week extension of time to file objections pursuant to Rule 72) by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 02/26/2019)

02/26/2019

100 Letter requesting permission to file under seal by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Attachments: # 1 Sealed Declaration) (Modafferi, Matthew) (Entered: 02/26/2019)

02/26/2019

ORDER granting 97 Joint Motion for Discovery. Defendants will file a letter-motion regarding the basis for CBP's privilege assertion on or before 3/8/2019. Plaintiffs will file a response on or before 3/15/2019.

Ordered by Magistrate Judge Vera M. Scanlon on 2/26/2019. (Tuffaha, Omar) (Entered: 02/26/2019)

02/27/2019

101 RESPONSE in Opposition re 98 Letter MOTION for Protective Order regarding Plaintiffs' 30(b)(6) Notice filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit A - 9/27/18 Letter to Defendants, # 2 Exhibit B - 2/2019 Emails to Defendants) (Qadir, Lala) (Entered: 02/27/2019)

02/28/2019

102 Letter re: Objection to Defendants' Unauthorized Ex Parte Filing by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Choe, Michelle) (Entered: 02/28/2019)

02/28/2019

103 Letter objecting to Plaintiffs' submission to the Court at Dkt. Entry No. 102 by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Modafferi, Matthew) (Entered: 02/28/2019)

03/05/2019

104 APPEAL OF MAGISTRATE JUDGE DECISION to District Court by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Attachments: # 1 Memorandum in Support, # 2 Declaration of M. Bennett Courey, Esq.) (Modafferi, Matthew) (Entered: 03/05/2019)

03/06/2019

105 Letter MOTION for Extension of Time to File Response/Reply as to 104 Appeal of Magistrate Judge Decision to District Court, by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Picker, Joshua) (Entered: 03/06/2019)

03/07/2019

ORDER re: Defendants' 99 Request for Extension of Time to File Objections ("Defendants' Request") and Plaintiffs' 105 Request for Extension of Time to File Response ("Plaintiffs' Request"): Defendants' Request is GRANTED nunc pro tunc and Plaintiffs' Request is GRANTED. Plaintiffs shall file a response to Defendants' 104 Objection to the Magistrate Judge's Order by no later than March 25, 2019. Ordered by Judge Nicholas G. Garaufis on 3/7/2019. (Strohmeier, Seguin) (Entered: 03/07/2019)

03/15/2019

107 Letter MOTION for Leave to Electronically File Document under Seal Plaintiffs' opposition to Defendants letter-motion for a privilege determination over document ICE 097-102 by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Plaintiffs' opposition to Defendants letter-motion for a privilege determination over document

ICE 097-102, # 2 Certificate of Service) (Picker, Joshua) (Entered: 03/15/2019)

03/25/2019

108 MEMORANDUM in Opposition re 104 Appeal of Magistrate Judge Decision to District Court, filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Declaration of Samantha J. Choe, # 2 Exhibit 1 - Plaintiffs' Fourth Request for Production of Documents to Defendants Dated Sept. 28, 2018, # 3 Exhibit 2 - Excerpt from Deposition Transcript of Frank Gulin, # 4 Exhibit 3 - Excerpt from Deposition Transcript of Francis J. Russo, # 5 Exhibit 4 - Deposition Transcript of Rey R. Rivera Perez, # 6 Exhibit 5 - Deposition Transcript of Christian Schultz, # 7 Exhibit 6 - Defendants' Objections and Responses to Plaintiffs' Fourth Set of Document Requests, # 8 Exhibit 7 - Plaintiffs' Nov. 16, 2018 Letter to Defendants Concerning Defendants' Objections and Responses to Plaintiffs' Fourth Set of Document Requests, # 9 Exhibit 8 - Defendants' Nov. 27, 2018 Letter to Plaintiffs in Response to Plaintiffs' Nov. 16, 2018 Letter, # 10 Exhibit 9 - Defendants' Feb. 12, 2019 Letter Opposition to Plaintiffs' Feb. 6, 2019 Letter-Motion to Compel, # 11 Exhibit 10 - Excerpt from Feb.12, 2019 Proceedings Before Hon. Vera M. Scanlon) (Choe, Samantha) (Entered: 03/25/2019)

03/25/2019

109 Letter MOTION for Leave to Electronically File Document under Seal by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Memorandum of Law in Opposition to Defendants' Motion Objecting to the Magistrate Judge's Discovery Order, # 2 Exhibit 3 to Declaration of Samantha J. Choe, # 3 Exhibit 5 to Declaration of Samantha J. Choe) (Choe, Samantha) (Entered: 03/25/2019)

03/25/2019

110 CERTIFICATE OF SERVICE by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk re 108 Memorandum in Opposition,,,,, (Choe, Samantha) (Entered: 03/25/2019)

03/28/2019

111 ORDER granting 109 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. So Ordered by Judge Nicholas G. Garaufis on 3/26/2019. (Lee, Tiffeny) (Entered: 03/28/2019)

03/29/2019

112 MEMORANDUM in Opposition re 104 Appeal of Magistrate Judge Decision to District Court, filed by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Attachments: # 1 Exhibit 3 to Declaration of Samantha

J. Choe, # 2 Exhibit 5 to Declaration of Samantha J. Choe) (Choe, Samantha) (Entered: 03/29/2019)

04/01/2019

113 REPLY in Support re 104 Appeal of Magistrate Judge Decision to District Court, filed by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Olds, Dara) (Entered: 04/01/2019)

04/17/2019

114 MEMORANDUM & ORDER re: 104 Appeal of Magistrate Judge Decision to District Court. For the foregoing reasons, the court AFFIRMS Magistrate Judge Vera M. Scanlon's February 12 Order (Dkt. 94) directing Defendants to provide "training materials as discussed as to the Fourth Amendment." So Ordered by Judge Nicholas G. Garaufis on 4/17/2019. (Lee, Tiffeny) (Entered: 04/17/2019)

04/25/2019 115 NOTICE of Change of Address (Choe, Samantha) (Entered: 04/25/2019)

05/13/2019

116 Consent MOTION to Adjourn Conference by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo. (Modafferi, Matthew) (Entered: 05/13/2019)

05/14/2019

ORDER granting consent 116 Motion to Adjourn Conference. At the request of the parties, the 5/14/2019 Status Conference is rescheduled to 6/10/2019 at 3:30 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 5/14/2019. (Quinlan, Krista) (Entered: 05/14/2019)

05/30/2019

RE-SCHEDULING ORDER: Due to a conflict in the Court's schedule, the Status Conference originally scheduled for 6/10/2019 will be held on 6/19/2019 at 12:00 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 5/30/2019. (Quinlan, Krista) (Entered: 05/30/2019)

06/17/2019

RE-SCHEDULING ORDER: Due to a scheduling conflict, the Status Conference set for 6/19/2019 will begin at 11:30 AM (not 12:00 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 6/17/2019. (Quinlan, Krista) (Entered: 06/17/2019)

06/19/2019

Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Status Conference held on 6/19/2019 in Courtroom 13A South. Anna Diakun, Hugh Handeyside and Cecilia Wang appearing for

Plaintiffs. Matthew Modafferi appearing for Defendants. See separate docket entry for Order issuing from this proceeding. (FTR Log #11:2911:32.) (Quinlan, Krista) (Entered: 06/19/2019)

06/19/2019

117 ORDER finding as moot 98 Motion for Protective Order; finding as moot 107 . STATUS REPORT ORDER: The Parties are in the process of finalizing the settlement agreement. On or before 7/3/2019, the Parties will file their stipulation of dismissal. Ordered by Magistrate Judge Vera M. Scanlon on 6/19/2019. (Quinlan, Krista) (Entered: 06/19/2019)

06/19/2019

Motion is moot in light of the impending settlement: 106 Letter MOTION for Leave to Electronically File Document under Seal filed by Leon Hayward, David Jennings, Thomas Homan, Elaine Duke, Francis J. Russo, Kevin K. McAleenan, Thomas Decker. (Quinlan, Krista) (Entered: 06/25/2019)

07/01/2019

118 Joint MOTION for Extension of Time to File Joint Letter and Request for Clarification of June 19, 2019 Order by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk. (Diakun, Anna) (Entered: 07/01/2019)

07/02/2019

ORDER: The Parties' joint request at 118 for modification of the Court's 6/19/2019 Order is granted. On or before 7/10/2019, the Parties will file a joint letter regarding the final settlement. On or before 9/9/2019, the Parties will file their stipulation of dismissal. Ordered by Magistrate Judge Vera M. Scanlon on 7/2/2019. (Tuffaha, Omar) (Entered: 07/02/2019)

07/10/2019

119 Letter (joint) informing the Court that the parties have finalized the settlement agreement and, pursuant to the Court's July 2, 2019 Order, will file a stipulation of dismissal on or before September 9, 2019 by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Modafferi, Matthew) (Entered: 07/10/2019)

07/23/2019

STATUS REPORT ORDER: On or before 9/9/2019, the Parties will file their stipulation of dismissal or a status report letter. Ordered by Magistrate Judge Vera M. Scanlon on 7/23/2019. (Quinlan, Krista) (Entered: 07/23/2019)

09/09/2019

120 STATUS REPORT Settlement Status Report on behalf of the parties by Thomas Decker, Elaine Duke, Leon Hayward, Thomas Homan, David Jennings, Kevin K. McAleenan, Francis J. Russo (Olds, Dara) (Entered: 09/09/2019)

09/26/2019

STATUS REPORT ORDER: On or before 9/30/2019, the Parties will file their stipulation of dismissal. Ordered by Magistrate Judge Vera M. Scanlon on 9/26/2019. (Quinlan, Krista) (Entered: 09/26/2019)

09/30/2019 121 STIPULATION of Dismissal with prejudice by Kelley Amadei, Carola Cassaro, Laura Cucullu, Corey Fields, Anne Garrett, Amy Lanigan, Matt O'Rourke, Eric Polk, Karen Polk (Qadir, Lala) (Entered: 09/30/2019)

10/08/2019

122 Stipulation and Order of Dismissal, Pursuant to Federal Rule of Civil Procedure 4l{a){1)(A)(ii), This action shall be dismissed with prejudice. The parties request that the Court direct the Clerk to enter judgment accordingly. So Ordered by Judge Nicholas G. Garaufis on 10/3/2019. (fwd'd for jgm) (Lee, Tiffeny) (Entered: 10/08/2019)

10/10/2019

123 CLERK'S JUDGMENT that pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) this action is dismissed with prejudice. Signed Douglas C. Palmer, Clerk of Court, by Jalitza Poveda, Deputy Clerk on 10/10/2019. (Lee, Tiffeny) (Entered: 10/10/2019)

 
 Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 1 of 21 PageID #: 1

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK, and KAREN POLK,

-against-

Plaintiffs,

ELAINE DUKE, Acting Secretary of Homeland Security, named in her official capacity,

KEVIN K. MCALEENAN, Acting Commissioner, U.S. Customs and Border Protection, named in his official capacity,

LEON HAYWARD, Acting Director, New York Field Operations, U.S. Customs and Border Protection, named in his official capacity,

FRANCIS J. RUSSO, Port Director, JFK International Airport Port of Entry, U.S. Customs and Border Protection, named in his official capacity,

THOMAS HOMAN, Acting Director, U.S. Immigration and Customs Enforcement, named in his official capacity,

THOMAS DECKER, Director, New York Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, named in his official capacity, and

DAVID JENNINGS, Director, San Francisco Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, named in his official capacity, and

JOHN DOES 1 and 2, U.S. Customs and Border Protection officers, named in their official capacity,

Defendants.

Civil No. 17 Civ. 5967
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF
JURY TRIAL DEMANDED

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 2 of 21 PageID #: 2
NATURE OF THE ACTION 1. On February 22, 2017, U.S. Customs and Border Protection (CBP) stopped and searched every passenger on Delta Airlines Flight 1583—a domestic flight from San Francisco International Airport (SFO) to New York’s John F. Kennedy International Airport (JFK)— blocking the exit door of the airplane and preventing passengers from deplaning until each produced identification documents. The officers, acting at the request of U.S. Immigration and Customs Enforcement (ICE) and pursuant to CBP policy and practice, violated the passengers’ rights against unreasonable search and seizure under the Fourth Amendment. 2. Specifically, as Flight 1583 was arriving at the gate at JFK on February 22, the flight crew announced that all passengers would have to show identification documents to deplane. On information and belief, CBP officers had instructed the flight crew to make those announcements. 3. Plaintiffs, and many of their fellow passengers, expressed surprise and dismay on hearing the announcements. Many wondered aloud what authority the government had to prevent them from leaving the airplane and require that they produce identification documents after a domestic flight. 4. Two uniformed CBP officers positioned themselves at the doorway of the airplane, forcing passengers to queue inside and delaying their exit as the CBP officers stopped each passenger, took their identification documents, examined them, and only then permitted them to pass. 5. The officers did not ask for the passengers’ consent. They made it clear, through their own conduct and by directing pre-arrival announcements by the flight crew, that compliance was not voluntary and that passengers would not be permitted to disembark until they showed their identification documents.
2

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 3 of 21 PageID #: 3
6. Plaintiffs could not leave the airplane while the officers examined the documents of the passengers ahead of them, as the officers had blocked the only exit from the airplane. Plaintiffs also believed and understood, as would any reasonable person in their position, that they had no choice but to comply with the officers’ demands for identification documents.
7. On information and belief, the officers did not have a warrant permitting search or seizure of the passengers or probable cause to believe that any of the Plaintiffs, or indeed any passenger on Flight 1583, had committed a crime; nor did they have individualized reasonable suspicion to justify an investigatory stop of any of the Plaintiffs.
8. In response to press inquiries and an inquiry from the New York Civil Liberties Union, CBP officials stated that their agency’s actions on February 22, 2017, against the passengers of Flight 1583, at the request and direction of ICE, was a “routine” matter and consistent with agency policy. In response to at least one passenger’s direct inquiry during the stop, one of the CBP officers stated that the action was something that happens from “time to time.” Thus, according to CBP’s own repeated statements, under its policies and “routine” practices, other domestic air passengers are subject to search and seizure in the same circumstances that occurred on Delta Airlines Flight 1583 on February 22, 2017.
9. In light of CBP’s statement that its officers’ conduct was pursuant to a policy and regular practice, Plaintiffs, who are frequent passengers on domestic airline flights, are fearful that they will again be subjected to similar treatment and are in fact subject to the risk of illegal search and seizure.
10. Plaintiffs bring this lawsuit to protect their rights under the Fourth Amendment to the U.S. Constitution and the Administrative Procedure Act (APA). They seek declaratory and injunctive relief to prohibit Defendants and their officers and agents within CBP and ICE from
3

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 4 of 21 PageID #: 4

searching and seizing passengers on domestic flights within the United States without lawful

justification, as they did on February 22, 2017.

Plaintiffs

PARTIES

11. Plaintiff Kelley Amadei is a woman in her forties. She works as a consultant and

resides in Garrison, New York. Ms. Amadei was a passenger on Delta Flight 1583.

12. Plaintiff Carola Cassaro is a woman in her thirties. She works as a digital product

consultant and resides in Brooklyn, New York. Ms. Cassaro was a passenger on Delta Flight

1583.

13. Plaintiff Laura Cucullu is a woman in her forties. She works as a journalist and

resides in Oakland, California. Ms. Cucullu was a passenger on Delta Flight 1583.

14. Plaintiff Corey Fields is a man in his forties. He is a university professor and

resides in Washington, D.C. Dr. Fields was a passenger on Delta Flight 1583.

15. Plaintiff Anne Garrett is a woman in her thirties. She works as a journalist and

resides in Brooklyn, New York. Ms. Garrett was a passenger on Delta Flight 1583.

16. Plaintiff Amy Lanigan is a woman in her forties. She is a marketing professional

and resides in San Francisco, California. Ms. Lanigan was a passenger on Delta Flight 1583.

17. Plaintiff Matt O’Rourke is a man in his forties. He is a marketing professional

and resides in New York, New York. Mr. O’Rourke was a passenger on Delta Flight 1583.

18. Plaintiff Eric Polk is a man in his sixties. He resides in East Northport, New

York. Mr. Polk was a passenger on Delta Flight 1583.

19. Plaintiff Karen Polk is a woman in her sixties. She resides in East Northport,

New York. Ms. Polk was a passenger on Delta Flight 1583.

4

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 5 of 21 PageID #: 5
Defendants 20. Defendant Elaine Duke is Acting U.S. Secretary of Homeland Security and is
named here in her official capacity. Defendant Duke is responsible for supervising U.S. Customs and Border Protection and U.S. Immigration and Customs Enforcement; for promulgating, implementing, and enforcing the policies that govern border and immigration enforcement within the United States; and for ensuring the legality of these policies and that the officers and agents of DHS and its component agencies, CBP and ICE, comply with the Constitution and laws of the United States and DHS, CBP, and ICE policies.
21. Defendant Kevin K. McAleenan is the Acting Commissioner of U.S. Customs and Border Protection and is named here in his official capacity. Defendant McAleenan is responsible for leading CBP; for promulgating, implementing, and enforcing CBP policies that govern the conduct of CBP officers; and for ensuring the legality of these policies and that officers under his supervision comply with the Constitution and laws of the United States and CBP policies.
22. Defendant Leon Hayward is the Acting Director of New York Field Operations for U.S. Customs and Border Protection and is named here in his official capacity. Defendant Hayward is responsible for leading the CBP New York field office including CBP’s operations at the John F. Kennedy International Airport Port of Entry; for implementing and enforcing CBP policies that govern the conduct of CBP officers in the New York region; and for ensuring the legality of these policies and that officers under his supervision comply with the Constitution and laws of the United States and CBP policies.
23. Defendant Francis Russo is the Port Director for the John F. Kennedy International Airport Port of Entry within CBP. Defendant Russo is named here in his official capacity. Defendant Russo supervises CBP officers in immigration and customs enforcement
5

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 6 of 21 PageID #: 6
activities at the international port of entry at JFK International Airport. He is responsible for ensuring that the officers under his supervision comply with the Constitution and laws of the United States and CBP policies.
24. Defendant Thomas Homan is the Acting Director of U.S. Immigration and Customs Enforcement. Defendant Homan is named in his official capacity. Defendant Homan is responsible for leading ICE; for promulgating, implementing, and enforcing ICE policies that govern the conduct of ICE officers and ICE’s interactions with other law enforcement agencies; and for ensuring the legality of these policies and that the officers under his supervision comply with the Constitution and laws of the United States and ICE policies.
25. Defendant Thomas Decker is the Director of the ICE New York Field Office, Enforcement and Removal Operations. Defendant Decker is named here in his official capacity. Defendant Decker supervises ICE officers in immigration and customs enforcement activities within the territory of the New York Field Office. He is responsible for ensuring that officers under his supervision comply with the Constitution and laws of the United States and ICE policies.
26. Defendant David Jennings is the Director of the San Francisco Field Office of ICE Enforcement and Removal Operations. Defendant Jennings is named here in his official capacity. Defendant Jennings supervises ICE officers in immigration enforcement and removal activities within the territory of the San Francisco Field Office. Jennings is responsible for ensuring that officers under his supervision comply with the Constitution and laws of the United States and ICE policies.
27. Defendants DOE 1 and DOE 2 are male officers of U.S. Customs and Border Protection. Defendants DOE 1 and DOE 2 are named here in their official capacities.
6

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 7 of 21 PageID #: 7
Defendants DOE 1 and DOE 2 met Delta Flight 1583 at New York’s JFK airport on February 22, 2017 and illegally searched and seized each of the Plaintiffs and other passengers on Flight 1583 as described herein.
JURISDICTION AND VENUE 28. This Court has subject matter jurisdiction pursuant to 28 U.S.C. §§ 1331, 1343, and 2201. 29. This Court has personal jurisdiction over each of the Defendants. 30. There exists an actual and justiciable controversy between Plaintiffs and Defendants requiring resolution by this Court. 31. The Court may grant injunctive and declaratory relief for the constitutional violations alleged herein pursuant to 5 U.S.C. § 702, which waives the sovereign immunity of the United States with respect to any action for injunctive relief under 28 U.S.C. § 1331, 28 U.S.C. § 2201, and/or Federal Rules of Civil Procedure 57 and 65. 32. U.S. Customs and Border Protection has taken final agency action to the extent required by the APA, 5 U.S.C. § 704. 33. Venue is proper in this judicial district pursuant to 28 U.S.C. § 1391(b)(2) and 28 U.S.C. § 1391(e)(1).
STATEMENT OF FACTS CBP Seized and Searched All Passengers Deplaning from Domestic Flight 1583
34. Delta Airlines Flight 1583 originated at SFO airport and landed at New York JFK airport on the evening of February 22, 2017.
35. The plane taxied to the gate at JFK and stopped at its parking position adjacent to a mechanical jet bridge at Terminal 4.
7

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 8 of 21 PageID #: 8
36. Before arriving at the gate, the flight crew told passengers over the plane’s public address system that as they deplaned, they would have to show documents to officers meeting the flight. On information and belief, CBP officers directed the flight crew to make those announcements.
37. Many passengers expressed consternation or dismay when they heard the announcements. They wondered aloud about the purpose of the demand for documents, who the officers were, and why all passengers would be required to show such documents after a domestic flight. For example, Plaintiff O’Rourke observed that other passengers in the Economy Comfort seats around him, who in his experience tend to be frequent flyers like him, expressed surprise. Plaintiff Amadei also noted that passengers around her expressed surprise at the announcements.
38. The flight crew made at least two announcements regarding the requirement that the passengers produce documents, since passengers raised questions after the initial announcement. A flight attendant told passengers that “documents” meant a passport or government-issued ID, and that no passengers would be allowed to deplane without showing such identification. The flight attendant then told the passengers that they would need to have identification out and be prepared to provide any additional documentation that the officers requested. The flight attendant reiterated that no one could disembark without showing identification to the officers.
39. The flight attendants themselves expressed consternation as to why the passengers were being required to show identification following a domestic flight. Plaintiff Lanigan asked a flight attendant what was going on, but the flight attendant told her that she did not know either.
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40. Following the announcements, a flight attendant opened the aircraft door between the first class and economy cabins. That door was the only available exit from the aircraft.
41. Immediately outside the aircraft door, at the edge of the jet bridge, stood two CBP agents—Officers DOE 1 and DOE 2.
42. The officers positioned themselves partially blocking the exit so that passengers could not bypass the officers and deplane without submitting to the search and seizure.
43. Plaintiffs perceived that Officers DOE 1 and DOE 2 are both physically imposing and tall. The officers wore bulky black bulletproof vests, one of which read “POLICE / U.S. CUSTOMS AND BORDER PROTECTION.” Each carried a gun that was visible in its holster.
44. As the plaintiffs approached the door, Officers DOE 1 and DOE 2 reached out to take each passenger’s identification. Plaintiffs observed that the officers’ manner was stern and unfriendly as they detained the deplaning passengers and examined their identification documents.
45. DOE 1 and DOE 2 reviewed each driver’s license or other identification, in some instances carefully examining both the front and reverse sides of the identification while looking between the photograph on the document and the passenger’s face. DOE 1 and DOE 2 did not merely check the passengers’ names, but rather reviewed other information provided on the identification documents.
46. Despite the focus on the identification documents, DOE 1 and DOE 2 carried no clipboard, photograph, or list of names and did not appear to check the passengers’ identification against any list.
47. DOE 1 and DOE 2 permitted each passenger to proceed only after they indicated that they had completed their review of the passenger’s identification document.
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48. DOE 1 and DOE 2 made a coercive display to the passengers, as shown by the experience of Plaintiff Amadei, who was traveling with her spouse and seven-year-old son (who was with her as she deplaned). Ms. Amadei is and appears to be white, whereas her son has darker skin. One of the officers closely examined Ms. Amadei’s identification document and then stared back and forth at Ms. Amadei and her son, thus further delaying their exit from the plane. Ms. Amadei was upset and alarmed by this wordless exchange and finally told the officer that her son is only seven years old and does not carry identification. Only then did the officer reply, “you’re okay,” and permit Ms. Amadei and her young child to deplane. As they left the plane, Ms. Amadei’s son was visibly shaken and upset by the CBP officers and asked her if their family was in trouble and whether everything was okay.
49. During and after the searches, DOE 1 and DOE 2 refused to explain CBP’s justification for the searches despite passengers’ requests for more information and attempts to question the officers’ actions in stopping them and searching their documents. For example, when Plaintiff Garrett asked, “why do you need to see this identification,” the officer did not respond and instead just took the identification card out of her hand. Similarly, when Plaintiff Cassaro asked whether the document checks were standard procedure or something new, the officer responded “no” without even looking up to Ms. Cassaro to make eye contact. Plaintiff Cucullu asked the officer, “what is going on,” and he responded, “I can’t tell you anything, but all I can tell you is that it’s for a very specific reason.”
50. Ms. Amadei, who was particularly distressed by the incident because it had upset her seven-year-old son, and her son met up with her spouse (who had been sitting apart from Ms. Amadei) a short distance from the jet bridge. After escorting her family out of the gate area, Ms. Amadei turned back and encountered DOE 1 and DOE 2 standing nearby, having concluded the
10

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searches. When Ms. Amadei asked one of the defendant officers why the passengers had been searched, the officer responded that “it’s not for you to worry about; we do it from time to time,” or words to that effect.
51. Plaintiffs did not consent to any search or seizure as they were attempting to deplane Flight 1583. Instead, they understood from the circumstances, as set forth above, that the stop and search was mandatory and that they were not free to deplane without submitting to the officers. The coercive circumstances included the announcements made by the flight crew at CBP’s direction, the presence of two large armed CBP officers obstructing the only means of egress from the plane, and the words and actions of those officers, as described above.
52. In these circumstances, any reasonable person in Plaintiffs’ position would have understood that he or she was not free to leave the airplane without first submitting to the officers’ demands to take and inspect their identification documents.
53. As a result of the CBP officers’ actions and the Defendants’ policies permitting these actions, each of the Plaintiffs was seized and searched without lawful justification. Each Plaintiff was subjected to a seizure during the CBP officers’ search of their identity document and also during the period in which each Plaintiff was delayed in deplaning because each passenger ahead of him or her had to submit to a similar seizure and search.
54. On information and belief, CBP did not possess a valid judicial warrant authorizing any seizure of Flight 1583 passengers or any search of passenger identification documents; nor did the officers have individualized reasonable suspicion that any passenger, much less all passengers, had engaged in criminal activity.
55. Plaintiffs were frightened, angry, and alarmed following the searches. The officers had no justification for detaining Plaintiffs while they checked every passenger’s
11

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identification document, and they lacked any basis for demanding that each passenger produce
identification. Some shared their surprise and indignation with friends and family, as well as
with the news media, which quickly reported the incident.
CBP Justifies the Blanket Searches as “Routine” and in Accordance with Policy
56. In response to media reports about the incident, CBP attempted to justify its
actions by asserting that the officers involved were searching for a specific person subject to
removal from the United States, that searches like those that occurred on Flight 1583 are routine,
and that the officers acted pursuant to longstanding CBP policy, citing regulations permitting
searches of passengers arriving from abroad.
57. First, in a public statement released on February 23, 2017, CBP explained:
U.S. Customs and Border Protection (CBP) at John F. Kennedy Airport was contacted by U.S. Immigration and Customs Enforcement (ICE) yesterday, February 22, 2017, to assist in locating an individual possibly aboard Delta flight 1583 from San Francisco International Airport to JFK. This individual was ordered removed by an immigration judge. To assist our law enforcement partners, two CBP officers requested identification from those on the flight in order to help identify the individual. The individual was determined not to be on the flight. CBP often receives requests from our law enforcement partners to assist in various ways, including identifying a person of interest. CBP will assist when able to. 58. Notably, the CBP statement provided no indication that submission to the
searches conducted by DOE 1 and DOE 2 was voluntary and cited no authority to conduct
searches of domestic passengers.
59. The CBP statement likewise provided no explanation for why the officers stopped
and searched every passenger, when CBP was allegedly searching for a particular person and, on
information and belief, had or could have obtained a flight manifest showing the names of each
passenger and the passenger’s assigned seat on the plane.
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60. Even assuming that CBP had a specific and detailed description of the individual sought, nothing in CBP’s public statements about its searches and seizures could provide the necessary individualized suspicion to justify an investigatory stop of every adult passenger. DOE 1 and DOE 2 reviewed the identification documents of passengers of different ages, genders, and races, including the Plaintiffs, who are of different ages and races and include both women and men. For instance, they stopped and examined the identification of each Plaintiff, including Plaintiff Fields, an African-American man in his forties, and Plaintiffs Eric and Karen Polk, who are a white man and white woman, both in their sixties.
61. When asked by news media to clarify whether officers merely requested identification or whether passengers were required to submit to a demand, CBP responded that “[i]t is always best to cooperate with law enforcement, so as to expedite your exiting the airport in a timely manner.”1
62. CBP subsequently followed up with an incorrect statement claiming that the CBP officers had requested “consensual assistance from passengers aboard the flight” and that the passengers had cooperated.2 Plaintiffs were not asked to consent and did not in fact consent to the stop and search.
63. Separately, a CBP spokesperson also stated that such identification checks are “not a new policy” and that it is “not unusual for us to assist our fellow law-enforcement agencies.”3
1 Rolling Stone, Border Patrol Agents Stop Domestic Travelers at New York Airport, Feb. 23, 2017, available at http://www.rollingstone.com/politics/news/border-patrol-agents-stopdomestic-travelers-at-new-york-airport-w468643 (hereinafter, “Rolling Stone article”). 2 Id. 3 Gothamist, Customs Agents Checked IDs Of Domestic Flight Passengers at JFK, Feb. 23, 2017, available at http://gothamist.com/2017/02/23/jfk_domestic_flight_id_checks.php.
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64. Another DHS official asserted that such searches and collaboration between CBP and ICE are “routine.”4
65. Defendant Russo, the Port Director of CBP’s JFK Port of Entry, repeated those assertions in email correspondence on February 23.5 Mr. Russo stated that “[w]e were simply assisting our sister agency in tracking down one individual” and repeated CBP’s statement that the “individual was ordered removed by an immigration judge for domestic assault and other crimes committed.”6 According to Defendant Russo, CBP agreed to conduct the search because “[w]e were asked by ICE/ERO to identify the individual as he arrived off the flight from San Francisco because ICE was unable to get to the flight on time.”7 Mr. Russo asserted that “[w]e do this every day. Someone took a picture and put it on twitter. That’s what led to the hysteria.”8
66. On information and belief, Defendant Russo’s statement that “[w]e were asked by ICE/ERO to identify the individual”9 indicated his belief that the Enforcement and Removal Office of U.S. Immigration and Customs Enforcement—led by Defendant Decker in New York and by Defendant Jennings in San Francisco—made the request.
67. In response to media requests for CBP’s authority to detain and demand identity documents from deplaning domestic passengers, a CBP spokesperson referred to a document
4 The Independent, US Federal Agents Ask Domestic Flight Passengers to Show IDs, Feb. 24, 2017, available at http://www.independent.co.uk/news/world/americas/us-federal-agents-askdomestic-flight-passengers-to-show-ids-in-search-for-undocumented-immigrant-a7597446.html. 5 Emails of F. Russo with J. Wells, Feb. 23, 2017 (attached as Exhibit A). 6 Id. 7 Id. 8 Id. 9 Id.
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posted on the agency’s website entitled “CBP Search Authority”10 that, by its plain terms, does not provide such authority.
68. Although that document refers to “federal statutes and regulations” from which CBP officers derive their “border search authority,” the document nowhere provides authorization to search passengers arriving on domestic flights. Specifically, the CBP Search Authority document cites 19 C.F.R. § 162.6, the regulation that governs CBP’s authority to search passengers entering the United States from abroad. Section 162.6 reads:
All persons, baggage, and merchandise arriving in the Customs territory of the United States from places outside thereof are liable to inspection and search by a Customs officer. Port directors and special agents in charge are authorized to cause inspection, examination, and search to be made under section 467, Tariff Act of 1930, as amended (19 U.S.C. 1467), of persons, baggage, or merchandise, even though such persons, baggage, or merchandise were inspected, examined, searched, or taken on board the vessel at another port or place in the United States or the Virgin Islands, if such action is deemed necessary or appropriate. 19 C.F.R. § 162.6. 69. Section 162.6 was promulgated in part pursuant to 19 U.S.C. § 1467, which authorizes CBP to conduct customs-related border searches, but neither 19 C.F.R. § 162.6 nor 19 U.S.C. § 1467 confers authority on CBP to search passengers on a flight that originated from and arrived at a location inside the United States where there is no indication that those passengers were arriving from abroad. 70. Following the publicity surrounding Flight 1583, members of Congress expressed concern regarding CBP assertions of authority to conduct warrantless searches of domestic airplane passengers. In particular, on February 24, 2017, the Honorable Bennie G. Thompson, a member of the U.S. House of Representatives and Ranking Member of the House Homeland
10 Rolling Stone article, supra note 1 (linking to Customs and Border Protection, CBP Search Authority, available at https://www.cbp.gov/travel/cbp-search-authority).
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Security Committee, wrote to ICE and CBP, stating that “[i]t is . . . troubling that CBP officers called to assist apparently chose to require passengers, including U.S. citizens, to produce identification before disembarking, rather than confirming whether the individual was on the flight either by visual inspection, checking the passenger manifest, or confirming with ICE that the individual was aboard.”11 Representative Thompson noted his “understanding that the individual in question was not found, because ICE had not actually placed the individual on the flight in San Francisco” and sought written answers by March 10, 2017 to questions, including “[w]hy did CBP personnel require passengers, including U.S. citizens, to provide identification prior to disembarking a domestic flight?” and “[w]hat legal authority does CBP have for doing so?”12
71. On information and belief, CBP and ICE have not responded to Representative Thompson’s inquiries.
72. On September 13, 2017, Plaintiffs’ counsel sent a letter to Defendants Duke, McAleenan, Russo, Homan, Decker, and Jennings asking that they clarify whether CBP policy permits agents to stop every passenger on a U.S. domestic flight and require every passenger to produce identification documents before being permitted to disembark and, if so, the legal authority they assert to justify that policy.
11 The Hill, Dem Seeks Answers on Agents IDing Passengers as They Left Domestic Flight, Feb. 24, 2017, available at http://thehill.com/policy/transportation/321129-dem-seeks-answers-onagents-iding-passengers-as-they-left-domestic. 12 Letter of the Hon. Bennie G. Thompson to Thomas D. Homan, Acting Director, U.S. Immigration and Customs Enforcement and Kevin K. McAleenan, Acting Commissioner, U.S. Customs and Border Protection, Feb. 24, 2017. The letter is attached to this Complaint as Exhibit B and hereby incorporated by reference.
16

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73. Apart from an email from the Department of Homeland Security’s Office of General Counsel acknowledging receipt of the September 13 letter, Defendants have not responded to the letter. Need for Declaratory and Injunctive Relief
74. Plaintiffs are regular travelers on domestic flights within the United States, and they intend to take other domestic flights.
75. In light of CBP’s public statements regarding its searches and seizures of Plaintiffs and other passengers on Flight 1583, Plaintiffs fear that when they travel again, they will be subject to another warrantless search and seizure as took place following Delta 1583.
76. Absent injunctive relief, and in light of CBP’s assertions that its searches and seizures were pursuant to policy and “routine” practice, Plaintiffs are subject to further violations of their Fourth Amendment rights similar to those they experienced upon the arrival of Flight 1583.
CLAIM ONE VIOLATION OF THE FOURTH AMENDMENT TO THE U.S. CONSTITUTION
77. Each of the foregoing allegations is incorporated by reference. 78. The Fourth Amendment to the U.S. Constitution protects Plaintiffs from unreasonable searches and seizures. 79. CBP officers DOE 1 and DOE 2’s seizure and search of the Plaintiffs were not based on probable cause to believe that Plaintiffs had committed a crime, were not authorized by judicial warrant, and did not fall within any exception to the warrant requirement. The search and seizure violated Plaintiffs’ Fourth Amendment rights. 80. The seizure of Plaintiffs was not a lawful Terry stop, as DOE 1 and DOE 2 did not have individualized suspicion that Plaintiffs were engaged in illegal conduct.
17

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81. In conducting the illegal stop and seizure of Plaintiffs and other passengers on Flight 1583, the CBP officers DOE 1 and DOE 2 acted upon the request of ICE agents and pursuant to agency policy and “routine” practice.
82. Defendants are liable for promulgating and implementing the policy by which ICE requested that CBP conduct a warrantless and suspicionless search and seizure of the Delta Flight 1583 passengers and their documents.
83. Defendants are liable for promulgating any policy by which CBP claims authority to conduct warrantless and suspicionless seizures and searches of domestic airline passengers.
84. Defendants are liable for the failure of ICE and CBP agents to respect Plaintiffs’ constitutional rights against unlawful searches and seizures by virtue of the implementation of such policy.
85. Defendants are liable for the unlawful application of such policy to Plaintiffs following Delta Flight 1583 on February 22, 2017.
86. The Fourth Amendment violation is likely to recur. Plaintiffs intend to take domestic flights regularly within the United States, and CBP has stated that it conducted the blanket searches on Flight 1583 pursuant to its policy, that its actions were “routine,” that it “often receives requests” for similar assistance from ICE and other law enforcement agencies, and that it is “not unusual” for CBP to provide such assistance. Defendants have refused to provide assurances that such seizures and searches will not recur.
87. The violation of Plaintiffs’ rights through additional warrantless and suspicionless searches and seizures following domestic flights would cause Plaintiffs further irreparable harm.
88. Plaintiffs have no adequate remedy at law for the violation of their Fourth Amendment rights.
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CLAIM TWO VIOLATION OF THE ADMINISTRATIVE PROCEDURE ACT, 5 U.S.C. § 706(2)(A)-(C)
89. Each of the foregoing allegations is incorporated by reference. 90. There is no legal authority that permits CBP to conduct warrantless and suspicionless searches and seizures of domestic passengers. 91. Nonetheless, CBP has stated that it conducted the blanket searches on Flight 1583 pursuant to its policy and referenced a document entitled “CBP Search Authority,” which cites to 19 C.F.R. § 162.6. 92. To the extent that Defendants contend that CBP possesses such authority pursuant to 19 C.F.R. § 162.6, or any other agency policy, that regulation or policy must be set aside as arbitrary, capricious, an abuse of discretion, otherwise not in accordance with the law, contrary to constitutional rights, and outside Defendants’ statutory authority, under the APA, 5 U.S.C. § 706(2)(A)-(C). 93. Such a regulation or policy would constitute final agency action subject to judicial review within the meaning of the APA, 5 U.S.C. § 704. 94. Defendants’ unlawful conduct has adversely affected Plaintiffs and placed them at imminent risk of suffering further harm absent the relief requested below. 95. Plaintiffs have no adequate remedy at law.
PRAYER FOR RELIEF WHEREFORE, Plaintiffs seek the following relief: 1. A declaration that the seizure and search of Plaintiffs as they deplaned Flight 1583 on February 22, 2017 conducted by CBP officers violated Plaintiffs’ Fourth Amendment rights;
19

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2. A declaration that the rule or policy pursuant to which CBP conducted the illegal
search and seizure of Plaintiffs as they deplaned Flight 1583 on February 22, 2017, including but
not limited to 19 C.F.R. § 162.6, is unconstitutional, arbitrary and capricious, an abuse of
discretion, contrary to law, and in excess of statutory authority, and is therefore invalid under the
APA;
3. A permanent injunction barring Defendants and their agencies from seizing and
conducting warrantless and/or suspicionless identification checks of passengers disembarking
from domestic flights;
4. Reasonable attorneys’ fees and costs; and
5. Such other relief as this Court deems appropriate.
Respectfully submitted,
/s/ Neil K. Roman Neil K. Roman Joshua B. Picker COVINGTON & BURLING LLP 620 Eighth Avenue New York, N.Y. 10018 (212) 841-1000 (Telephone) (212) 841-1010 (Fax)
Cecillia D. Wang Katrina Eiland AMERICAN CIVIL LIBERTIES UNION FOUNDATION 39 Drumm Street San Francisco, CA 94111 (415) 343-0775 (Telephone) (415) 395-0950 (Fax)
Hugh Handeyside AMERICAN CIVIL LIBERTIES UNION 125 Broad Street, 18th Floor New York NY 10004 (212) 549-2500 (Telephone)
20

Case 1:17-cv-05967-NGG-VMS Document 1 Filed 10/12/17 Page 21 of 21 PageID #: 21

October 12, 2017

Clara J. Shin Samantha Choe COVINGTON & BURLING LLP One Front Street San Francisco, CA 94111 (415) 591-6000 (Telephone) (415) 591-6091 (Fax)
Lala R. Qadir COVINGTON & BURLING LLP One CityCenter 850 Tenth Street NW Washington, DC 20001 (202) 662-5013 (Telephone) (202) 778-5013 (Fax)
Attorneys for Plaintiffs

21

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Exhibit A

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From: RUSSO, FRANCIS ] Sent: Thursday, February 23, 2017 3:34 PM To: Jordan Wells Subject: RE: Incident reported at JFK
Jordan - We do tills every day, Someone took a picture and put it on twitter. That’s what led to the hysteria.
Frank RUSSO Port Director
U.S. Customs and Border Protection JFK Offic • REOACTD Cell: %EDACTE
From: Jordan Wells Sent: Thursday, February 23, 2017 3:12:13 PM To: RUSSO, FRANCIS] Subject: RE: Incident reported at JFK
Again, thanks for clearing that up. I am not sure this’ll quiet the panic, though, because even if the particular person sought here could be described as a bad actor, there are many, many everyday people with prier removal orders.
Best Jordan
From: RUSSO, FRANCIS J Sent: Thursday, February 23, 2017 1:29 PM To: Jordan Wells Subject: RE: Incident reported at JFK
Jordan - The individual was ordered removed by an imrniation judge for domestic assault and other crimes committed. We were asked be ICE/ERO to identify the individual as he amved off the flight from San Francisco because ICE was unable to get to the flight on time.
Like I said.. .not what anyone suspects.
Frank Russo Port Director U.S. Customs and Border Protection JFK Airport

Case 1:17-cv-05967-NGG-VMS Document 1-1 Filed 10/12/17 Page 3 of 3 PageID #: 24

From: Jordan Wells Sent: Thursday, February 23, 2017 12:46:59 PM To: RUSSO, FRANCIS J Cc: UMOWSKI, FRANK W Subject: RE: Incident reported at JFK
Thanks for the fast response. suspected as much, and it’s good to know so we don’t contribute unnecessarily to the sensationalizatron, When you say “sister agency/’ the big question people seem to have is whether this is immigration enforcement or something else. Everyday people, including immigrants, need to know what they are in for when they step on a domestic flight.
From: RUSSO, FRANCIS J Sent: Thursday, February 23, 2017 12:21 PM To: Jordan Wells Cc: UMOWSKI, FRANK W Subject: RE: Incident reported at JFK
Jordan - I am not available for a call right now but I can assure you that this story has nothing to do with anything you might be thinking. We were simply assisting our sister agency in tracking down one individuaL Unfortunately, the story is being sensationalized and people are jumping to unnecessary conclusions.
Frank Russo Port Director U. S. Customs and Border Protection JFK Air ort________

From: Jordan Wells Sent: Thursday, February 23, 2017 12: 16:34 PM To: RUSSO, FRANCIS 3 Cc: UIvIOWSKI, FRANK W
Subject: Incident reported at JFK

Frank, I just left on a message about this viral photo:

https://twitter,com/annediego/status/$345723 1231792332$ We are getting a lot of concerned

calls and c-mails and want to be able to clear the air quickly. Can you give me a call? I will be at this

number until 2

after that at.

Th Jordan

Case 1:17-cv-05967-NGG-VMS Document 1-2 Filed 10/12/17 Page 1 of 3 PageID #: 25
Exhibit B

Case 1:17-cv-05967-NGG-VMS Document 1-2 Filed 10/12/17 Page 2 of 3 PageID #: 26

M ICHAEL T. McCAUL, T EXAS

BENNI E G. T H OMPSON, M ISSISSI PPI

CHAIRMAN

RANKING MEMBER

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111..§. Jlnu.s.e of i!l.epr.e.s.entatiu.e.s
illnmmitttt nn llinmtlanh §c.curittt
D!fa.sltingtnn. mar 20515
February 24, 2017
Thomas D. Homan Acting Director U.S. Immigration and Customs Enforcement 500 12th St., SW Washington, D.C. 20536
Kevin K. McAleenan Acting Commissioner U.S. Customs and Border Protection 1300 Pennsylvania Ave. NW Washington, DC 20229
Dear Acting Director Homan and Acting Commissioner McAleenan:
I am writing about an incident involving your agencies that occurred at John F. Kennedy (JFK) International Airport on February 2211d , 2017.
It is my understanding that an individual with a final order of removal was scheduled to be on a flight from San Francisco (SFO) to JFK, where he was subsequently to board a flight departing the United States. According to a statement on the matter issued by U.S. Immigration and Customs Enforcement (ICE), ICE officers were en route to meet the individual upon arrival at JFK to ensure that he did not disembark unaccompanied.
For a reason that is not specified in the statement, ICE requested the assistance of U.S. Customs and Border Protection (CBP) to check the flight for the individual upon its arrival at JFK. According to media repmis, CBP officers boarded the flight and, while standing in the jet bridge, required all passengers to show govenunent-issued identification before disembarking the aircraft. It is my understanding that the individual in question was not found , because ICE had not actually placed the individual on the flight in San Francisco.
While I certainly understand that ICE would want to ensure that such an individual does not disembark a flight unaccompanied, the way this paiiicular incident was handled raises serious concerns. It is troubling that ICE officers in New York were apparently unaware that ICE officers

Case 1:17-cv-05967-NGG-VMS Document 1-2 Filed 10/12/17 Page 3 of 3 PageID #: 27
in San Francisco had not placed the individual, who had a final order of removal, on the plane in San Francisco. This kind of miscommunication could have serious consequences.
It is also troubling that CBP officers called to assist apparently chose to require passengers, including U.S. citizens, to produce identification before disembarking, rather than confoming whether the individual was on the flight either by visual inspection, checking the passenger manifest, or confirming with ICE that the individual was aboard. The name, date of bi1ih, and photograph of the individual in question should have been available to CBP, and the Department of Homeland Security and the airline would have had the passenger manifest.
Accordingly, pursuant to Rule X and Rule XI of the House of Representatives, please respond to the following questions in writing by March 10, 2017.
• If ICE persom1el in San Francisco did not place the individual in question on the flight in San Francisco, why were ICE personnel going to meet the flight upon its anival at JFK?
• Why was CBP asked to assist? Who made that request?
• How often does ICE request assistance from CBP in cases like this?
• Does the individual in question have a criminal record?
• Why was he not placed on the flight?
• Why did CBP personnel require passengers, including U.S. citizens, to provide identification prior to disembarking a domestic flight? What legal authority does CBP have for doing so?
If you have any questions about this request, please contact Hope Goins of my staff at 202 2262616. Thank you for your attention to this matter.
Sincerely,
BENNIE G. THOMPSON Ranking Member
cc: The Honorable John F. Kelly, Secretary, Department of Homeland Security

Case 1:17-cv-05967-NGG-VMS Document 1-4 Filed 10/12/17 Page 1 of 2 PageID #: 31

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Thomas Decker New York Field Office - U.S. Immigration and Customs Enforcement Enforcement & Removal Operations 26 Federal Plaza 9th Floor, Suite 9-110 New York, NY 10278

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-4 Filed 10/12/17 Page 2 of 2 PageID #: 32

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) Thomas Decker, New York Field Office Director, ICE/ERO

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-5 Filed 10/12/17 Page 1 of 2 PageID #: 33

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, ERIC POLK, KAREN POLK, and
MATT O’ROURKE,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) John Doe 1 U.S. Customs and Border Protection Officer DHS/U.S. Customs and Border Protection Building 77 Executive Office, 2nd Floor Jamaica, NY 11430

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-5 Filed 10/12/17 Page 2 of 2 PageID #: 34

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) John Doe 1, U.S. Customs and Border Protection Officer

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-6 Filed 10/12/17 Page 1 of 2 PageID #: 35

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) John Doe 2 U.S. Customs and Border Protection Officer DHS/U.S. Customs and Border Protection Building 77 Executive Office, 2nd Floor Jamaica, NY 11430

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-6 Filed 10/12/17 Page 2 of 2 PageID #: 36

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) John Doe 2, U.S. Customs and Border Protection Officer

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-7 Filed 10/12/17 Page 1 of 2 PageID #: 37

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) The Honorable Elaine C. Duke c/o Office of the General Counsel U.S. Department of Homeland Security 245 Murray Lane, SW Mail Stop 0485 Washington, DC 20528-0485

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-7 Filed 10/12/17 Page 2 of 2 PageID #: 38

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) Acting Secretary Elaine C. Duke

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-8 Filed 10/12/17 Page 1 of 2 PageID #: 39

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Leon Hayward Acting Director, New York Field Operations U.S. Customs and Border Protection One World Trade Center, Suite 50.200 New York, NY 10007

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-8 Filed 10/12/17 Page 2 of 2 PageID #: 40

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) Leon Hayward, Acting Director, New York Field Operations

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-9 Filed 10/12/17 Page 1 of 2 PageID #: 41

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Thomas Homan Acting Director U.S. Immigration and Customs Enforcement 500 12th Street, SW Washington, DC 20536

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-9 Filed 10/12/17 Page 2 of 2 PageID #: 42

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) Acting Director Thomas Homan

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-10 Filed 10/12/17 Page 1 of 2 PageID #: 43

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) David Jennings San Francisco Field Office - U.S. Immigration and Customs Enforcement Enforcement and Removal Operations 630 Sansome Street, Room 590 San Francisco, CA 94111

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-10 Filed 10/12/17 Page 2 of 2 PageID #: 44

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) David Jennings, San Francisco Field Office Director

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-11 Filed 10/12/17 Page 1 of 2 PageID #: 45

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Kevin K. McAleenan Acting Commissioner, U.S. Customs and Border Protection 1300 Pennsylvania Avenue, NW Room 4.4A Washington, DC 20229

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-11 Filed 10/12/17 Page 2 of 2 PageID #: 46

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) Kevin K. McAleenan, Acting Commissioner

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

Case 1:17-cv-05967-NGG-VMS Document 1-12 Filed 10/12/17 Page 1 of 2 PageID #: 47

AO 440 (Rev. 06/12) Summons in a Civil Action
UNITED STATES DISTRICT COURT
for the
___E_a_s_te_r_n_D_ iDstirsitcrticotfoNfe_w__Y_o_r_k____

KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O’ROURKE, ERIC POLK,
and KAREN POLK,
Plaintiff(s)
v.
ELAINE DUKE, KEVIN K. MCALEENAN, LEON HAYWARD, FRANCIS J. RUSSO, THOMAS HOMAN,
THOMAS DECKER, DAVID JENNINGS, and JOHN DOES 1 AND 2, all named in their official capacities,
Defendant(s)

)

)

)

)

)

) )

Civil Action No. 17-5967

)

)

)

)

)

SUMMONS IN A CIVIL ACTION

To: (Defendant’s name and address) Francis J. Russo Port Director, JFK International Airport Port of Entry DHS/U.S. Customs and Border Protection Building 77 Executive Office, 2nd Floor Jamaica, NY 11430

A lawsuit has been filed against you.
Within 21 days after service of this summons on you (not counting the day you received it) — or 60 days if you are the United States or a United States agency, or an officer or employee of the United States described in Fed. R. Civ. P. 12 (a)(2) or (3) — you must serve on the plaintiff an answer to the attached complaint or a motion under Rule 12 of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff’s attorney, whose name and address are: Neil K. Roman
Covington & Burling LLP The New York Times Building 620 8th Avenue New York, NY 10018

If you fail to respond, judgment by default will be entered against you for the relief demanded in the complaint. You also must file your answer or motion with the court.
%06(-"4$1"-.&3
CLERK OF COURT

Date:

Signature of Clerk or Deputy Clerk

Case 1:17-cv-05967-NGG-VMS Document 1-12 Filed 10/12/17 Page 2 of 2 PageID #: 48

AO 440 (Rev. 06/12) Summons in a Civil Action (Page 2)
Civil Action No. 17-5967

PROOF OF SERVICE (This section should not be filed with the court unless required by Fed. R. Civ. P. 4 (l))

This summons for (name of individual and title, if any) Francis J. Russo, Port Director, JFK International Airport

was received by me on (date)

.

u I personally served the summons on the individual at (place)

on (date)

; or

u I left the summons at the individual’s residence or usual place of abode with (name)

, a person of suitable age and discretion who resides there,

on (date)

, and mailed a copy to the individual’s last known address; or

u I served the summons on (name of individual) designated by law to accept service of process on behalf of (name of organization)
on (date)

, who is ; or

u I returned the summons unexecuted because

; or

u Other (specify): .

My fees are $

for travel and $

for services, for a total of $

0.00

.

I declare under penalty of perjury that this information is true.

Date:

Server’s signature Printed name and title

Additional information regarding attempted service, etc:

Server’s address

 
 Case 1:17-cv-05967-NGG-VMS Document 83 Filed 12/13/18 Page 1 of 28 PageID #: 1333

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
X
KELLEY AMADEI,CAROLA CASSARO,LAURA CUCULLU,COREY FIELDS,ANNE GARRETT,AMY LANIGAN,MATT O'ROURKE,ERIC POLK,and KARENPOLK,
Plaintiffs,
-against-

MEMORANDUM & ORDER
17-CV-5967(NGG)(VMS)

KIRSTJEN M.NIELSEN,KEVIN K. MCALEENAN, LEON HAYWARD,FRANCIS J. RUSSO, RONALD D. VITIELLO,THOMAS DECKER, DAVID JENNINGS,and,JOHN DOES 1 AND 2,

Defendants. X
NICHOLAS G.GARAUFIS,United States District Judge.
Plaintiffs Kelley Amadei,Carola Cassaro,Laura Cucullu,Corey Fields, Anne Garrett,

Amy Lanigan, Matt O'Rourke,Eric Polk,and Karen Polk bring this action requesting

declaratory and injunctive reliefpursuant to § 702 ofthe Administrative Procedure Act("APA"),

5 U.S.C. § 706(2), and the Fourth Amendment to the United States Constitution against

Defendants Kirstjen M.Nielsen,Kevin K.McAleenan,Leon Hayward,Francis J. Russo,Ronald

D.Vitiello,Thomas Decker,David Jennings,and Defendant Doe Officers 1 and 2(collectively,
"Defendants").' (Compl.(Dkt. 1).)

Before the court is Defendants' motion to dismiss Plaintiffs' complaint pursuant to

Federal Rule ofCivil Procedure 12(b)(1)and(6). (See Defs. Mot.to Dismiss("Defs. Mot.")

'All Defendants are named in their official capacities: Kirstjen Nielsen is the United States Secretaiy ofHomeland Security; Kevin K.McAleenan is the Commissioner ofU.S.Customs and Border Protection("CEP");Leon Hayward is the Acting Director ofNew York Field Operations for CEP;Francis J.Russo is the Port Director for the John F.Kennedy International Airport Port ofEntiy within CEP;Ronald D.Vitiello is the Acting Director ofU.S. Immigration and Customs Enforcement("ICE");Thomas Decker is the Director ofICE's New York Field Office; David Jennings is the Director ofICE's San Francisco Field Office; and Defendants Doe I and Doe2are officers of CEP. (Compl.Vi 20-27.)^Fed.R.Civ.P.25(d).
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 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
-------------------------------------- -X
KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LANIGAN, MATT O'ROURKE, ERIC POLK, and KAREN POLK,
Plaintiffs,
-against-
KEVIN K. MCALEENAN, Acting Secretary of Homeland Security, named in his official capacity,
MARK A. MORGAN, Senior Official Performing the Functions and Duties ofthe Commissioner of U.S. Customs and Border Protection, named in his official capacity,
TROY A. MILLER, Director, New York Field Operations, U.S. Customs ·and Border Protection, named in his official capacity,
FRANCIS J. RUSSO, Port Director, JFK International Airport Port of Entry, U.S Customs and Border Protection, named in his official capacity,
MAIT ALBENCE, Acting Director, U.S. Immigration and Customs Enforcement, named in his official capacity,
SUSAN QU INTANA, Director, New York Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, named in her official capacity,
DAVID JENNINGS, Director, San Francisco Field Office, Enforcement and Removal Operations, U.S. Immigration and Customs Enforcement, named in his official capacity,
JOHN DOES I and 2, U.S. Customs and Border Protection Officers, named in their official capacity,
Defendants.
-- --- -- ---------------- -- ---- ----------X

SETTLEMENT AGREEMENT
Civil Action No. 17-cv-5967
(Garautis, J.) (Scanlon, M.J.)

This Settlement Agreement is entered into, by and through the parties' undersigned atto' rneys, between Plaintiffs KELLEY AMADEI, CAROLA CASSARO, LAURA CUCULLU, COREY FIELDS, ANNE GARRETT, AMY LAN IGAN, MATT O'ROURKE, ERIC POLK, and KAREN POLK (co llectively "Plaintiffs"), and Defendants KEVIN K. MCALEENAN, in his official capacity as Acting Secretary of Homeland Security, MARK MORGAN, in his official capacity as Senior Official Performing the Functions and Duties of the Commissioner of U.S. Customs and Border Protection, TROY A. MILLER, in his official capacity as Director of New York Field Operations for U.S. Customs and Border Protection, FRANCIS J. RUSSO, in his official capacity as Port Di rector of John F. Kennedy International Airport for U.S. Customs and Border Protection, MATT ALBENCE, in his official capacity as Acting Director of U.S. Immigration and Customs Enforcement, SUSAN QUINTANA, in her official capacity as Director of the New York Field Office for U.S. Immigration and Customs Enforcement, and DAVID JENNINGS, in his official capacity as Director of the San Francisco Field Office fo r U.S. Immigration and Customs Enforcement (collectively "Defendants" or "United States of America").
WHEREAS, on October 12, 2017, Plaintiffs commenced the above-captioned civil action seeking declaratory and injunctive relief; and
WHEREAS, all parties now desire to resolve this litigation in an amicable fashion, with finality and without further need for court intervention.
IT IS NOW HEREBY AGREED, by and among the parties to this civil action, as follows:
1. U.S. Customs and Border Protection ("CBP") will disseminate to the Office of Field Operations ("OFO") a muster that will contain the following language:
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On February 22, 20 17, two unifonned CBP officers met Delta Air Lines Plight 1583, a domestic fligh t from San Francisco International Airport to John F. Kennedy International Airport. The officers stood near the aircrafi door and checked the identification of passengers as they deplaned. Following this incident, nine of the passengers fi led a laws uit against CBP in the Eastern District of New York alleging that the identification check was not voluntary. In response to the lawsuit and the events of February 22,2017, please be aware ofthe following:
a. C BP Office of Field Operations does not have a policy or routine practice of compelling or requesting that passengers deplaning domestic flights submit to suspicionless document checks. (Note: "domestic flights" is defined according to FAA regulations, 14 C.F.R. 241.03, as "flight stages with both terminals within
the 50 states of the United States and the District of Columbia"].
b. Encounters between CBP Office of Field Operations Officers ("CBPOs") and domestic air passengers must not contravene the Fourth Amendment.
c. To the extent that CBPOs seek to conduct consensual encounters with domestic air passengers, officers will ensure to the extent feasible that they are positioned in a way that does not impede passengers' ability to deplane. They will further ensure that their words and actions communicate that passenger cooperation is voluntary. If a passenger asks, officers should communicate that passengers who decline to cooperate will not suffer any enforcement consequence as a result.
d. CBPOs conducting consensual encounters with passengers deplaning a domestic fli ght will to the extent feasible (I) verbally advise passengers that their cooperation is voluntary; (2) request that airline personnel make similar announcements over public announcement systems; and (3) situate themselves in
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a position such that passengers who decline to cooperate have an unimpeded path to exit. 2. OFO will distribute the muster to CBP OFO ports of entry nationally within fortyfi ve days of the signing of this Settlement Agreement and the Stipulation and Order of Dismissal. The muster will again be disseminated for subsequent distribution to CBP OFO ports of entry nationally in August 2021. Attorneys for Defendants will notify attorneys for Plaintiffs in writing fo llowing the issuance of each muster. 3. The United States of America shall pay to the American Civil Liberties Union the amount of ten thousand dollars ($10,000.00), and to Cov ington & Burling LLP the amount of thirty thousand dollars ($30,000.00), as attorneys' fees, expenses, and costs Plaintiffs' counsel incurred in connection with this action ("Attorneys' Fees"). Payment of the Attorneys' Fees of forty thousand dollars ($40,000.00) will be made by government wire transfer as per directions from Plaintiffs' counsel that are set forth in the attached addendum. This paragraph shall not be construed to include a finding that the position of the Defendants in this litigation was not substantially justified or that the Defendants are liable as a matter of law for the payment of attorneys' fees, expenses, and costs. The provision of attorneys' fees , expenses, and costs is solely by agreement of the parties and shall not serve as precedent in any other case. For purposes of this paragraph, "Defendants" shall incl ude the Defendants, thei r successors, and any of their officers, employees, agents, or assigns. 4. The tenns set forth in paragraphs I, 2, and 3 herein are made in fu ll and final settlement of any and all claims Plaintiffs, or any of their respective heirs, executors, successors, and assigns, may now have or may hereafter have against Defendants in connection with this action. Other than what is specifically set forth in paragraph 3 herein, Plaintiffs expressly waive
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and release Defendants from all liability for all claims for attorneys' fees, expenses, and costs (including but not limited to any claims under the Equal Access to Justice Act, 28 U.S.C. § 2412) which the Plaintiffs may now have or may hereafter have in connection with any and all claims and causes of action which have been or could have been asserted in this action, concerning any of the matters alleged in this action.
5. In consideration for the covenants and undertakings of Defendants set forth in this Settlement Agreement, Plaintiffs, collectively and individually, withdraw and voluntarily dismiss the complaint in this action with prejudice pursuant to Fed. R. Civ. P. 4l(a)(l)(ii); and forever waive and release Defendants, their successors, and any of their officers, employees, agents, or assigns, in perpetuity, and hold them harmless, from any claim arising out of or relating to the claims or allegations set forth in the complaint in this action. The parties shall execute the Stipulation and Order of Dism issal at the same time as this Settlement Agreement. Attorneys for Plaintiffs will fi le the Stipulation and Order of Dismissal with the Court no later than five calendar days from the date that attorneys for Defendants have notified attorneys for Plaintiffs in writing regarding the first issuance of the muster (as set forth in paragraph 2 herein), and payment (as set forth in paragraph 3 herein) has been rendered, whichever date shall be later.
6. The parties agree to comply with paragraph 20 of the Stipulation and Order for the Protection of Documents and Information that was tiled on May 4, 20 18 and "so ordered" by the Court on May 7, 2018.
7. This Settlement Agreement contains all the terms and conditions agreed upon by and between the parties. No oral agreement between Plaintiffs and Defendants entered into at any time, nor any written agreement between Plaintiff.<; and Defendants entered into prior to the execution of this Settlement Agreement regarding the subject matter of the instant proceeding,
5

shall be deemed to have any force or effect, or to bind the parties hereto, or to vary the tenns and conditions contained herein.

Dated: New York, New York

i ..;::]v.{ to

, 2019

AMERICAN CIVIL UBERTIES UNION
Attomeysfor P/llintiffs 125 Broad Street, 18111 Floor New York, New York 10004

39 Drumm Street

By:

Snn

, alifornia 9411 1

By:

COVINGTON & BURLING, LLP Attomeys for Plaintiffs 620 Eighth Avenue New York, New York 10018
~<{~~/xA<
Joshua B. Picker

Cecillia D. Wang Kattina Eiland

RICHARD P. DONOGHUE

United States Attorney

Attorney.for Defendants

Eastern District ofNew York

271 Cadman P1 East, 7th Floor

ly

1201

By:

Matthew J. Modafferi Assistant U.S. Attorneys

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