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Case TitlePeople of the State of New York v. United States Department of Labor
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv01976
Date Filed2019-03-01
Date Closed2021-10-01
JudgeJudge Vernon S. Broderick
PlaintiffPeople of the State of New York by Letitia James, Attorney General of the State of New York
Case DescriptionThe State of New York submitted a FOIA request to the Department of Labor for records concerning participation in the Payroll Audit Independent Determination program. The agency acknowledged receipt of the request and told New York that it was processing the request. But after hearing nothing further from the agency, New York filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAll Defendants
United States Department of Labor
DefendantUnited States Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-03-011FILING ERROR - DEFICIENT PLEADING - FILER ERROR - COMPLAINT against United States Department of Labor. (Filing Fee $ 400.00, Receipt Number ANYSDC-16430575)Document filed by New York State Attorney General. (Attachments: # 1 Exhibit Ex. A - FOIA Request, # 2 Exhibit Ex. B - WHD Acknowledgment, # 3 Exhibit Ex. C - OASP Response, # 4 Exhibit Ex. D - OASCIA Response, # 5 Exhibit Ex. E - WHD Communication)(Lynch, Kevin) Modified on 3/4/2019 (pne). (Entered: 03/01/2019)
2019-03-012CIVIL COVER SHEET filed. (Lynch, Kevin) (Entered: 03/01/2019)
2019-03-013FILING ERROR - FILER ERROR - STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-07029. Document filed by New York State Attorney General.(Lynch, Kevin) Modified on 3/4/2019 (pne). (Entered: 03/01/2019)
2019-03-014FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST FILER ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Labor, re: 1 Complaint,. Document filed by New York State Attorney General. (Lynch, Kevin) Modified on 3/4/2019 (pne). (Entered: 03/01/2019)
2019-03-04CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Unassigned. (pne) (Entered: 03/04/2019)
2019-03-04Case Designated ECF. (pne) (Entered: 03/04/2019)
2019-03-04CASE REFERRED TO Judge P. Kevin Castel as possibly related to 18CV7029. (pne) (Entered: 03/04/2019)
2019-03-04***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Kevin M. Lynch. The party information for the following party/parties has been modified: People of the State of New York, United States Department of Labor. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party role was entered incorrectly. (pne) (Entered: 03/04/2019)
2019-03-04***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Kevin M. Lynch to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading; the name of the filer is incorrect on the docket entry. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. **DO NOT USE GOOGLE CHROME OR SAFARI BROWSERS** (pne) (Entered: 03/04/2019)
2019-03-04***NOTICE TO ATTORNEY REGARDING DEFICIENT RELATED CASE STATEMENT. Notice to attorney Kevin M. Lynch to RE-FILE Document No. 3 Statement of Relatedness. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the related case statement; the name of the filer is incorrect on the docket entry. Re-file the document using the event type Statement of Relatedness found under the event list Other Documents - select the correct filer - enter the related case number when prompted - and attach the correct PDF. (pne) (Entered: 03/04/2019)
2019-03-04***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Kevin M. Lynch to RE-FILE Document No. 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; the name of the filer is incorrect on the docket entry. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pne) (Entered: 03/04/2019)
2019-03-045COMPLAINT against United States Department of Labor. Document filed by People of the State of New York. (Attachments: # 1 Exhibit Ex. A - FOIA Request, # 2 Exhibit Ex. B - WHD Acknowledgment, # 3 Exhibit Ex. C - OASP Response, # 4 Exhibit Ex. D - OASCIA Response, # 5 Exhibit Ex. E - WHD Letter)(Lynch, Kevin) (Entered: 03/04/2019)
2019-03-046STATEMENT OF RELATEDNESS re: that this action be filed as related to 1:18-cv-07029. Document filed by People of the State of New York.(Lynch, Kevin) (Entered: 03/04/2019)
2019-03-047REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Labor, re: 5 Complaint,. Document filed by People of the State of New York. (Lynch, Kevin) (Entered: 03/04/2019)
2019-03-058ELECTRONIC SUMMONS ISSUED as to United States Department of Labor. (dnh) (Entered: 03/05/2019)
2019-03-069Objection re: 6 Statement of Relatedness . Document filed by United States Department of Labor. (Attachments: # 1 Exhibit 1 (Prior FOIA request), # 2 Exhibit 2 (Instant FOIA request))(Bretz, Emily) (Entered: 03/06/2019)
2019-03-06CASE DECLINED AS NOT RELATED. Case referred as related to 18CV7029 and declined by Judge P. Kevin Castel and returned to wheel for assignment. (ma) (Entered: 03/06/2019)
2019-03-06NOTICE OF CASE REASSIGNMENT to Judge Vernon S. Broderick. Judge Unassigned is no longer assigned to the case. (ma) (Entered: 03/06/2019)
2019-03-06Magistrate Judge Ona T. Wang is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (ma) (Entered: 03/06/2019)
2019-03-2710AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Labor served on 3/20/2019, answer due 4/19/2019. Service was accepted by Haojuh Li, Clerk. Document filed by People of the State of New York. (Lynch, Kevin) (Entered: 03/27/2019)
2019-04-0411NOTICE OF APPEARANCE by Jeremy M Pfetsch on behalf of People of the State of New York. (Pfetsch, Jeremy) (Entered: 04/04/2019)
2019-04-0512FIRST MOTION for Kevin M. Lynch to Withdraw as Attorney . Document filed by People of the State of New York.(Lynch, Kevin) (Entered: 04/05/2019)
2019-04-0813MEMO ENDORSEMENT granting 12 Motion to Withdraw as Attorney. ENDORSEMENT: IT IS SO ORDERED. (Attorney Kevin M. Lynch terminated.) (Signed by Judge Vernon S. Broderick on 4/8/2019) (rro) (Entered: 04/08/2019)
2019-04-1914ANSWER to 5 Complaint,. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 04/19/2019)
2019-06-2115ORDER AND NOTICE OF INITIAL CONFERENCE: Initial Conference set for 7/11/2019 at 10:00 AM in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 6/21/2019) (mro) (Entered: 06/24/2019)
2019-07-0116PRE-CONFERENCE STATEMENT dated July 1, 2019 . Document filed by People of the State of New York.(Pfetsch, Jeremy) (Entered: 07/01/2019)
2019-07-11Minute Entry for proceedings held before Judge Vernon S. Broderick: Initial Pretrial Conference held on 7/11/2019. (Court Reporter Alena Lynch) (msa) (Entered: 07/11/2019)
2019-08-3017STATUS REPORT. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 08/30/2019)
2019-09-0318MEMO ENDORSEMENT on re: 17 STATUS REPORT. Document filed by United States Department of Labor. ENDORSEMENT: Application granted. So ordered. The parties shall submit a joint status report no later than October 4, 2019. (Signed by Judge Vernon S. Broderick on 9/3/2019) (rjm) (Entered: 09/03/2019)
2019-10-0419STATUS REPORT. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 10/04/2019)
2019-10-0720MEMO ENDORSEMENT on re: 19 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/7/2019) (rro) (Entered: 10/07/2019)
2019-11-0721STATUS REPORT. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 11/07/2019)
2019-11-0822MEMO ENDORSEMENT on re: 21 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/8/2019) (rro) (Entered: 11/08/2019)
2019-12-0923STATUS REPORT. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 12/09/2019)
2019-12-1124MEMO ENDORSEMENT on re: 23 Status Report filed by United States Department of Labor. ENDORSEMENT: Appliction Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 12/12/19) (yv) (Entered: 12/11/2019)
2020-01-1025STATUS REPORT. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 01/10/2020)
2020-01-1326MEMO ENDORSEMENT on re: 25 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/13/2020) (kv) (Entered: 01/13/2020)
2020-02-1027STATUS REPORT. Document filed by United States Department of Labor..(Bretz, Emily) (Entered: 02/10/2020)
2020-02-1128MEMO ENDORSEMENT on re: 27 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/11/2020) (jca) (Entered: 02/11/2020)
2020-03-1029STATUS REPORT. Document filed by United States Department of Labor..(Bretz, Emily) (Entered: 03/10/2020)
2020-03-1130MEMO ENDORSEMENT on re: 29 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/11/2020) (kv) (Entered: 03/11/2020)
2020-04-0931STATUS REPORT. Document filed by United States Department of Labor..(Bretz, Emily) (Entered: 04/09/2020)
2020-04-1332MEMO ENDORSEMENT on re: 31 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/13/2020) (rro) (Entered: 04/13/2020)
2020-05-1533STATUS REPORT. Document filed by United States Department of Labor..(Bretz, Emily) (Entered: 05/15/2020)
2020-05-1834MEMO ENDORSEMENT on re: 33 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/18/2020) (rro) (Entered: 05/18/2020)
2020-06-1535STATUS REPORT. Document filed by United States Department of Labor..(Bretz, Emily) (Entered: 06/15/2020)
2020-06-1636MEMO ENDORSEMENT on re: 35 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 6/16/2020) (mro) (Entered: 06/17/2020)
2020-07-1537STATUS REPORT. Document filed by United States Department of Labor..(Bretz, Emily) (Entered: 07/15/2020)
2020-07-1638MEMO ENDORSEMENT on re: 37 Status Report filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/16/2020) (rro) (Entered: 07/16/2020)
2020-08-1439NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of United States Department of Labor..(Sun, Anthony) (Entered: 08/14/2020)
2020-08-1440LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 8/14/2020 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 08/14/2020)
2020-08-1741MEMO ENDORSEMENT on re: 40 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/17/2020) (rro) (Entered: 08/17/2020)
2020-09-3042LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 9/30/2020 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 09/30/2020)
2020-10-0143MEMO ENDORSEMENT on re: 42 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/1/2020) (rro) (Entered: 10/01/2020)
2020-10-3044LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 10/30/2020 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 10/30/2020)
2020-11-0245MEMO ENDORSEMENT on re: 44 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The parties shall provided a joint status report on or before December 4, 2020. (Signed by Judge Vernon S. Broderick on 11/2/2020) (rro) (Entered: 11/02/2020)
2020-12-0446LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 12/04/2020 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 12/04/2020)
2020-12-0747MEMO ENDORSEMENT on re: 46 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/7/2020) (rro) (Entered: 12/07/2020)
2021-01-2948LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 1/29/2021 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 01/29/2021)
2021-02-0149MEMO ENDORSEMENT re: 48 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/1/2021) (nb) (Entered: 02/01/2021)
2021-03-0150LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 3/1/2021 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 03/01/2021)
2021-03-0351MEMO ENDORSEMENT re: 50 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/3/2021) (nb) (Entered: 03/03/2021)
2021-04-3052LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 4/30/2021 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 04/30/2021)
2021-05-0253MEMO ENDORSEMENT on re: 52 Letter filed by United States Department of Labor. Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 5/2/21) (yv) (Entered: 05/03/2021)
2021-06-3054LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 6/30/2021 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 06/30/2021)
2021-06-3055MEMO ENDORSEMENT on re: 54 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 6/30/2021) (va) (Entered: 07/01/2021)
2021-08-3156LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 8/31/2021 re: status update. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 08/31/2021)
2021-09-0157MEMO ENDORSEMENT on re: 56 Letter filed by United States Department of Labor. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/1/2021) (vfr) (Entered: 09/01/2021)
2021-09-2958PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Labor..(Sun, Anthony) (Entered: 09/29/2021)
2021-10-0159STIPULATION OF VOLUNTARY DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties by and through their respective counsel: 1. That the above-captioned action is voluntarily dismissed, with prejudice, pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), each side to bear its own costs, attorney fees, and expenses; and 2. That this stipulation may be signed in counterparts, and that electronic (PDF) signatures may be deemed originals for all purposes. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/30/2021) (kv) (Entered: 10/01/2021)
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