Freedom of Information Act | New York Southern

Stipulation and Order of Dismissal

STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by Defendants as of June 3, 2022, fully resolve any and all claims the NYCLU now has or may hereafter acquire against Defendants, or any department, agency, officer, or employee of Defendants and/or the United States, for the release of records arising from the NYCLU's FOIA request at issue in this action, except as described in paragraph 2. 2. Within a reasonable period of time after the Court has approved and docketed this Stipulation and Order and the NYCLU has provided payment-related information to Defendants, Defendants shall pay to the NYCLU via electronic funds transfer the sum of TWO THOUSAND THREE HUNDRED FORTY-TWO DOLLARS AND SIXTEEN CENTS ($2,342.16) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum the NYCLU agrees to accept in complete satisfaction of any and all claims by the NYCLU for attorneys' fees, expenses, costs, interest, and any other sums in this litigation. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 4. This Stipulation and Order shall not constitute an admission of liability on the part of Defendants or the United States or their agents, servants, or employees, and is entered into by all parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. 5. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against Defendants, the United States, or any agency or instrumentality of the United States. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them in this action, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require Defendants or the United States to obligate or pay funds in contravention of the Anti-Deficiency Act. 8. Counsel for Defendants will be filing this Stipulation and Order via the ECF system on behalf of both parties. Pursuant to Rule 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court for the Southern District of New York, counsel for the NYCLU consents to the electronic filing of this Stipulation and Order by counsel for Defendants. IT IS SO ORDERED. (Signed by Judge Ronnie Abrams on 6/24/2022) (ate)

Habeas Corpus - Alien Detainee | New York Western

Reply to Response to Motion

REPLY to Response to Motion re 19 First MOTION to Enforce Judgment filed by Jules Marckindal. (Attachments: # 1 Exhibit BIA Decision (Merits) April 14, 2022, # 2 Exhibit BIA Decision (Bond) June 2, 2022)(Deacon, Molly)

Freedom of Information Act | New York Southern

Proposed Stipulation and Order

PROPOSED STIPULATION AND ORDER. Document filed by Administration for Children and Families, Office of Refugee Resettlement, U.S. Department of Health and Human Services,..(Jude, Jennifer)