Goodman v. Department of Homeland Security

Filing 12

ORDER granting 11 Letter Motion to Adjourn Conference. Application GRANTED. The initial conference scheduled for December 2, 2021, is adjourned to January 5, 2022, at 4:20 p.m. The parties shall file their joint letter and proposed case manage ment plan by December 29, 2021, at noon. Initial Conference set for 1/5/2022 at 04:20 PM before Judge Lorna G. Schofield. Telephone Conference set for 1/5/2022 at 04:20 PM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 11/18/2021) (mml)

Case 1:21-cv-07813-LGS Document 12 Filed 11/18/21 Page 1 of 2
U.S. Department of Justice
[Type text]
United States Attorney
Southern District of New York
86 Chambers Street, 3rd Floor
New York, New York 10007
November 17, 2021
Application GRANTED. The initial conference scheduled for December 2,
2021, is adjourned to January 5, 2022, at 4:20 p.m. The parties shall file
their joint letter and proposed case management plan by December 29,
2021, at noon.

BY ECF

Honorable Lorna G. Schofield
United States District Judge Dated: November 18, 2021
Southern District of New York New York, New York
40 Foley Square
New York, New York 10007
Re:

Goodman v. Department of Homeland Security, No. 21-cv-7813 (LGS)

Dear Judge Schofield:
This Office represents Defendant in the above-captioned action, which Plaintiff brings
pursuant to the Freedom of Information Act. I write on behalf of both parties to request an
adjournment of the initial conference currently scheduled for December 2, 2021 (and,
correspondingly, the date by which the parties must submit their joint letter in advance of that
conference). This is the parties’ first request for an adjournment of this conference.
By way of background, Plaintiff submitted a FOIA request on August 5, 2021, seeking
records relating the events of January 6, 2020. Specifically, documents related to a meeting of
“fusion centers” on January 4, 2020. As alleged in the FOIA request, fusion centers are
“organized and operated by every state and territory. They gather information from a variety of
sources, including the Department of Homeland Security’s Office of Intelligence & Analysis.”
Plaintiff filed this action on September 17, 2021, and Defendant answered the complaint on
October 25, 2021.
Since the filing of the complaint, Defendant has searched for and located responsive
records. The parties have conferred and have agreed that Defendant will produce these records
to Plaintiff on December 15, 2021. The parties believe that this production will inform how they
intend to proceed with this case. Accordingly, the parties respectfully submit that adjourning the
initial conference until a date after this production would promote efficiency because the parties
will be in a better position to determine the next steps in this litigation. Specifically, the parties
respectfully request that the initial conference be adjourned to January 6, 2021. This will
provide Plaintiff with sufficient time to evaluate the produced records and then allow the parties
to confer in order to propose next steps to the Court. 1
1

The parties are also aware of the Court’s rule requiring that a joint letter be submitted one week
prior to the initial conference. However, the parties respectfully request that they be relieved of

Case 1:21-cv-07813-LGS Document 12 Filed 11/18/21 Page 2 of 2
Page 2 of 2

The parties thank the Court for its attention to this matter. 2
Respectfully,
DAMIAN WILLIAMS
United States Attorney of the
Southern District of New York
By: _/s/ Alexander J. Hogan_________
ALEXANDER J. HOGAN
Assistant United States Attorney
86 Chambers Street, Third Floor
New York, New York 10007
Tel.: [phone]
Fax: [phone]
E-mail: [e-mail]

the further obligation to submit a proposed civil case management plan to the court. Given this is
a FOIA action, the parties do not believe that such a plan is necessary in this case. Rather, the
parties propose that they submit any proposed deadlines relevant to this action in the letter that
they will submit to the Court in advance of the initial conference.
2
To the extent the Court denies this request based upon the above-stated justification, then the
undersigned respectfully requests that the conference nonetheless be adjourned to an alternative
date in light of another conflicting court conference. Plaintiff consents to this request.