Skip to content

Case Detail

[Subscribe to updates]
Case TitleMandell v. SEC Commission et al
DistrictSouthern District of Florida
CityMiami
Case Number1:2018cv24218
Date Filed2018-10-12
Date Closed2020-03-18
JudgeJudge Darrin P. Gayles
PlaintiffRoss H. Mandell
Case DescriptionRoss Mandell, who was convicted of securities fraud, submitted FOIA requests to the Securities and Exchange Commission and the FBI for records concerning Steven Altman, Mandell's trial attorney who had apparently been an unindicted co-conspirator in Mandell's case. Mandell also requested expedited processing. The agencies acknowledged receipt of the requests. The FBI issued a Glomar response neither confirming nor denying the existence of records and denied Mandell's request for expedited processing. The SEC told Mandell that there were two boxes containing thousands of pages, many of which would have to be reviewed for confidentiality. Mandell filed an administrative appeal of the FBI's decision with the Office of Information Policy. After hearing nothing further from either agency, Mandell filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantUnited States Department of Justice (DOJ)
DefendantFederal Burean of Investigation (FBI)
DefendantUnited States Securities and Exchange Commission (SEC)
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-10-121COMPLAINT against DOJ, FBI Headquarters, SEC Commission. Filing fees $ 400.00 receipt number 113C-11072590, filed by Ross H. Mandell. (Attachments: # 1 Exhibit)(Astor, Mark) (Entered: 10/12/2018)
2018-10-152Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (vmz) (Entered: 10/15/2018)
2018-10-153Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (vmz) (Entered: 10/15/2018)
2018-10-154Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (vmz) (Entered: 10/15/2018)
2018-10-155Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (vmz) (Entered: 10/15/2018)
2018-10-156NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 10/15/2018. (isc) (Entered: 10/15/2018)
2018-10-167NOTICE of Change of Address by Mark Gary Astor (Astor, Mark) (Entered: 10/16/2018)
2018-10-168NOTICE of Filing Proposed Summons(es) by Ross H. Mandell (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s)) (Astor, Mark) (Entered: 10/16/2018)
2018-10-169NOTICE by Ross H. Mandell Civil Cover Sheet (Astor, Mark) Modified text on 10/17/2018 (vmz). (Entered: 10/16/2018)
2018-10-1710Summons Issued as to Federal Burean of Investigation (FBI), United States Department of Justice (DOJ), United States Securities and Exchange Commission (SEC), U.S. Attorney and U.S. Attorney General (vmz) (Entered: 10/17/2018)
2018-10-3111NOTICE by Ross H. Mandell (Astor, Mark) (Entered: 10/31/2018)
2018-10-3112NOTICE by Ross H. Mandell (Astor, Mark) (Entered: 10/31/2018)
2018-10-3113NOTICE by Ross H. Mandell (Astor, Mark) (Entered: 10/31/2018)
2018-10-3114SUMMONS (Affidavit) Returned Executed United States Department of Justice served on 10/23/2018, answer due 12/24/2018. (See Image DE 11 ) (vmz) (Entered: 10/31/2018)
2018-10-3115Clerks Notice to Filer re 11 Notice (Other). Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 14 . It is not necessary to refile this document. (vmz) (Entered: 10/31/2018)
2018-10-3116SUMMONS (Affidavit) Returned Executed United States Securities and Exchange Commission (SEC) served on 10/22/2018, answer due 12/21/2018. ( See image DE 12 ) (vmz) (Entered: 10/31/2018)
2018-10-3117Clerks Notice to Filer re 12 Notice (Other). Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 16 . It is not necessary to refile this document. (vmz) (Entered: 10/31/2018)
2018-10-3118SUMMONS (Affidavit) Returned Executed U.S. Attorney General served on 10/23/2018, answer due 12/24/2018. ( See Image DE 13 ) (vmz) (Entered: 10/31/2018)
2018-10-3119Clerks Notice to Filer re 13 Notice (Other). Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 18 . It is not necessary to refile this document. (vmz) (Entered: 10/31/2018)
2018-11-0120SUMMONS (Affidavit) Returned Executed by Ross H. Mandell. Federal Burean of Investigation (FBI) served on 10/23/2018, answer due 12/24/2018. (Astor, Mark) (Entered: 11/01/2018)
2018-11-1921Defendants' ANSWER and Affirmative Defenses to Complaint by Federal Burean of Investigation (FBI), United States Department of Justice, United States Securities and Exchange Commission (SEC). Attorney Carlos Javier Raurell added to party Federal Burean of Investigation (FBI)(pty:dft), Attorney Carlos Javier Raurell added to party United States Department of Justice(pty:dft), Attorney Carlos Javier Raurell added to party United States Securities and Exchange Commission (SEC)(pty:dft). (Raurell, Carlos) (Entered: 11/19/2018)
2018-11-1922ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before December 6, 2018 , the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements. The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates. Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 11/19/2018. See attached document for full details. (isc) (Entered: 11/19/2018)
2019-01-2823Defendant's MOTION for entry of a briefing schedule in lieu of standard trial setting order by Federal Burean of Investigation (FBI), United States Department of Justice, United States Securities and Exchange Commission (SEC). (Raurell, Carlos) (Entered: 01/28/2019)
2019-01-2924ORDER granting 23 Motion for Entry of Briefing Schedule in Lieu of Standard Trial Setting Order. Signed by Judge Darrin P. Gayles on 1/29/2019. See attached document for full details. (isc) (Entered: 01/29/2019)
2019-01-3025PAPERLESS ORDER REFERRING CASE to Magistrate Judge Alicia M. Otazo-Reyes for a ruling on all non-dispositive matters and for a report and recommendation on all dispositive matters. Signed by Judge Darrin P. Gayles on 1/30/2019. (isc) (Entered: 01/30/2019)
2019-01-3026CASE REFERRED to Magistrate Judge Alicia M. Otazo-Reyes per DE 25. (vjk) (Entered: 01/31/2019)
2019-04-0127Defendant's MOTION for Summary Judgment by Federal Burean of Investigation (FBI), United States Department of Justice, United States Securities and Exchange Commission (SEC). Responses due by 4/15/2019 (Attachments: # 1 Exhibit Hardy Declaration, # 2 Exhibit Jolly Declaration, # 3 Exhibit Tallarico Declaration, # 4 Exhibit Keyes Declaration)(Raurell, Carlos) (Entered: 04/01/2019)
2019-04-0128Statement of: Undisputed Facts by Federal Burean of Investigation (FBI), United States Department of Justice, United States Securities and Exchange Commission (SEC) re 27 Defendant's MOTION for Summary Judgment (Raurell, Carlos) (Entered: 04/01/2019)
2019-04-0929MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Matthew V. Topic. Filing Fee $ 75.00 Receipt # 113C-11544800 by Ross H. Mandell. Responses due by 4/23/2019 (Attachments: # 1 Certification)(Astor, Mark) (Entered: 04/09/2019)
2019-04-1030ENDORSED ORDER granting 29 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Matthew V. Topic is permitted to appear before this Court on behalf of Plaintiff Ross Mandell for all purposes relating to this action. The clerk is directed to provide Notice of Electronic Filings to Mr. Topic at foia@loevy.com. Signed by Judge Darrin P. Gayles (isc) (Entered: 04/10/2019)
2019-04-2931Unopposed MOTION to Modify Briefing Schedule by Ross H. Mandell. (Astor, Mark) (Entered: 04/29/2019)
2019-04-3032ORDER granting 31 Unopposed Motion to Modify Briefing Schedule. Signed by Judge Darrin P. Gayles. See attached document for full details. (isc) (Entered: 04/30/2019)
2019-05-0133Plaintiff's MOTION for Summary Judgment Plaintiff's Combined Motion for Summary Judgment, Response to Defendants' Motion for Summary Judgment, and Memorandum in Support by Ross H. Mandell. Responses due by 5/15/2019 (Astor, Mark) (Entered: 05/01/2019)
2019-05-0134Statement of: Plaintiff's Statement of Material Facts by Ross H. Mandell (Attachments: # 1 Exhibit 1 - Mandell Decl)(Astor, Mark) (Entered: 05/01/2019)
2019-05-3035REPLY to Response to Motion re 27 Defendant's MOTION for Summary Judgment (COnsolidated with Response to Plaintiff's MSJ) filed by United States Department of Justice. (Raurell, Carlos) (Entered: 05/30/2019)
2019-07-2236PAPERLESS ORDER Setting Hearing on 27 Defendant's MOTION for Summary Judgment; 33 Plaintiff's MOTION for Summary Judgment for 8/15/2019 at 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/22/2019. (kmh) (Entered: 07/22/2019)
2019-07-2637PAPERLESS ORDER Resetting Hearing on 27 Defendant's MOTION for Summary Judgment; 33 Plaintiff's MOTION for Summary Judgment. The Hearing set for 8/15/2019 at 10:00 AM is hereby RESET to 8/30/2019 at 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 7/26/2019. (kmh) (Entered: 07/26/2019)
2019-08-3038PAPERLESS Minute Order for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 8/30/2019 re 33 Plaintiff's Combined Motion for Summary Judgment filed by Ross H. Mandell, 27 Defendants' MOTION for Summary Judgment filed by United States Securities and Exchange Commission (SEC), United States Department of Justice, Federal Bureau of Investigation (FBI). The Plaintiff's brief is due 9/13/2019. The Defendants' Response Brief is due by 9/27/2019. Matter taken under advisement. Total time in court: 1 hour(s) : 06 minutes. Attorney Appearance(s): Matthew V. Topic and Mark Gary Astor appeared on behalf of the Plaintiff; Carlos Javier Raurell appeared on behalf of the Defendants. Matter taken under advisement. (Digital 10:00:55) (sl) (Entered: 08/30/2019)
2019-09-0639TRANSCRIPT of motion hearing held on 8-30-2019 before Magistrate Judge Alicia M. Otazo-Reyes, 1-45 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/27/2019. Redacted Transcript Deadline set for 10/7/2019. Release of Transcript Restriction set for 12/5/2019. (dwh) (Entered: 09/06/2019)
2019-09-1340NOTICE of Compliance (PLAINTIFFS POST-HEARING BRIEF) by Ross H. Mandell re 38 Motion Hearing,,,, Set/Reset Deadlines,,, (Astor, Mark) (Entered: 09/13/2019)
2019-09-2641MEMORANDUM in Opposition re 40 Notice of Compliance Plaintiff's Post Hearing Brief by United States Department of Justice. (Attachments: # 1 Exhibit Declaration of Andrew Chan, # 2 Exhibit Exhibit 5 to Plaintiff's s. 2255 Motion)(Raurell, Carlos) (Entered: 09/26/2019)
2019-10-0342MOTION to Strike Plaintiff's Motion to Strike Defendant's Additional Post-Hearing Evidence by Ross H. Mandell. Responses due by 10/17/2019 (Attachments: # 1 Exhibit Proposed Post-Hearing Reply Brief)(Astor, Mark) (Entered: 10/03/2019)
2019-10-1143RESPONSE in Opposition re 42 MOTION to Strike Plaintiff's Motion to Strike Defendant's Additional Post-Hearing Evidence filed by United States Department of Justice. Replies due by 10/18/2019. (Raurell, Carlos) (Entered: 10/11/2019)
2019-10-1844REPLY to Response to Motion re 42 MOTION to Strike Plaintiff's Motion to Strike Defendant's Additional Post-Hearing Evidence filed by Ross H. Mandell. (Astor, Mark) (Entered: 10/18/2019)
2019-10-2845PAPERLESS ORDER Setting Hearing on 42 MOTION to Strike for 11/21/2019 at 10:00 AM in Miami Division before Magistrate Judge Alicia M. Otazo-Reyes. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 10/28/2019. (apa) (Entered: 10/28/2019)
2019-11-2146PAPERLESS Minute Entry for proceedings held before Magistrate Judge Alicia M. Otazo-Reyes: Motion Hearing held on 11/21/2019 re 42 Plaintiff's Motion to Strike Defendant's Additional Post-Hearing Evidence filed by Ross H. Mandell. Total time in court: 1 hour(s) : 05 minutes. Attorney Appearance(s): Matthew V. Topic and Mark Gary Astor appeared on behalf of the Plaintiff; Carlos Javier Raurell appeared on behalf of the Defendants. Order to follow. (Digital 09:59:43) (sl) (Entered: 11/21/2019)
2019-11-2147ORDER denying as moot 42 MOTION to Strike. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 11/21/2019. See attached document for full details. (apa) (Entered: 11/21/2019)
2019-12-0248TRANSCRIPT of Motion Hearing held on 11/21/19 before Magistrate Judge Alicia M. Otazo-Reyes, 1-52 pages, Court Reporter: Bonnie J. Lewis, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/24/2019. Redacted Transcript Deadline set for 1/3/2020. Release of Transcript Restriction set for 3/2/2020. (hh) Text Modified on 12/4/2019 (hh). (Entered: 12/04/2019)
2019-12-1849Statement of: Undisputed Facts Underlying Motion for Summary Judgment by United States Department of Justice (Attachments: # 1 Exhibit Declaration of KAtherine Goldstein, # 2 Exhibit Declaration of Kurt Dengler)(Raurell, Carlos) (Entered: 12/18/2019)
2020-01-1650Statement of: Plaintiff's Response to Defendant's Statement of Material Facts by Ross H. Mandell re 49 Statement (Astor, Mark) (Entered: 01/16/2020)
2020-01-2951Defendant's REPLY to 50 Statement of Facts by United States Department of Justice. (Raurell, Carlos) (Entered: 01/29/2020)
2020-02-2152MEMORANDUM in Support re 27 Defendant's MOTION for Summary Judgment (CLOSING LEGAL BRIEF) by United States Department of Justice. (Raurell, Carlos) (Entered: 02/21/2020)
2020-02-2153TRIAL BRIEF Plaintiff's Closing Legal Brief by Ross H. Mandell. (Astor, Mark) (Entered: 02/21/2020)
2020-02-2854REPORT AND RECOMMENDATION re 27 Defendant's MOTION for Summary Judgment ; 33 Plaintiff's MOTION for Summary Judgment. Objections to R&R due by 3/9/2020. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 2/28/2020. See attached document for full details. (apa) (Entered: 02/28/2020)
2020-03-0955OBJECTIONS to 54 Report and Recommendations by Ross H. Mandell. (Astor, Mark) (Entered: 03/09/2020)
2020-03-0956RESPONSE TO OBJECTION to 54 Report and Recommendations by United States Department of Justice. (Raurell, Carlos) (Entered: 03/09/2020)
2020-03-1857ORDER AFFIRMING AND ADOPTING REPORT OF MAGISTRATE JUDGE; Adopting 54 Report and Recommendations. Certificate of Appealability: No Ruling; granting 27 Motion for Summary Judgment; denying 33 Motion for Summary Judgment Closing Case. Signed by Judge Darrin P. Gayles on 3/17/2020. See attached document for full details. (pcs) (Entered: 03/18/2020)
2020-03-1858FINAL JUDGMENT in favor of United States Securities and Exchange Commission (SEC) against Ross H. Mandell Signed by Judge Darrin P. Gayles on 3/18/2020. See attached document for full details. (pcs) (Entered: 03/18/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar