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Case TitlePro Publica, Inc. v. Federal Emegency Management Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv00377
Date Filed2014-01-21
Date Closed2015-01-22
JudgeJudge Robert W. Sweet
PlaintiffPro Publica, Inc.
Case DescriptionProPublica made a request to the Federal Emergency Management Agency for its database of individual claim records for Hurricane Sandy. The agency indicated it would withhold personally identifying information under Exemption 6 (invasion of privacy). ProPublica appealed the agency's decision, but after hearing nothing further, filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantFederal Emegency Management Agency a component of the United States Department of Homeland Security
DefendantAttorney General Of The United States of America (AG)
DefendantUnited States Attorney for the Southern District of New York
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-211COMPLAINT against Federal Emegency Management Agency. (Filing Fee $ 350.00, Receipt Number not indicated)Document filed by Pro Publica, Inc..(laq) (Entered: 01/27/2014)
2014-01-21SUMMONS ISSUED as to Federal Emegency Management Agency. (laq) (Entered: 01/27/2014)
2014-01-21Magistrate Judge Ronald L. Ellis is so designated. (laq) (Entered: 01/27/2014)
2014-01-21Case Designated ECF. (laq) (Entered: 01/27/2014)
2014-01-282RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc..(Peng-Sue, Collin) (Entered: 01/28/2014)
2014-01-293SUMMONS RETURNED EXECUTED Summons and Complaint served. Federal Emegency Management Agency served on 1/22/2014, answer due 3/24/2014. Service was accepted by Madeline Baronian, Executive Administrator, Office of Chief Counsel FEMA. Document filed by Pro Publica, Inc.. (Peng-Sue, Collin) (Entered: 01/29/2014)
2014-01-294FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Thomas R. Burke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9304974. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pro Publica, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order, # 2 Exhibit Good Standing Certificate)(Peng-Sue, Collin) Modified on 1/29/2014 (bcu). (Entered: 01/29/2014)
2014-01-29>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice regarding Document No. 4 MOTION for Thomas R. Burke to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number 0208-9304974. Motion and supporting papers to be reviewed by Clerk's Office staff. . The filing is deficient for the following reason(s): Missing Certificate of Good Standing. Certificate of Good Standing must be issued from the Supreme Court of California and not from a State Bar Association. Re-file the document as a Corrected Motion to Appear Pro Hac Vice and attach a valid Certificate of Good Standing, issued within the past 30 days. (bcu) (Entered: 01/29/2014)
2014-02-065MOTION for Thomas R. Burke to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Pro Publica, Inc.. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit Good Standing Certificate)(Burke, Thomas) (Entered: 02/06/2014)
2014-02-06>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 5 MOTION for Thomas R. Burke to Appear Pro Hac Vice. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 02/06/2014)
2014-02-246SUMMONS RETURNED EXECUTED Summons and Complaint served. Attorney General Of The United States of America (AG) served on 2/18/2014, answer due 4/21/2014. Service was made by Mail. Document filed by Pro Publica, Inc.. (Peng-Sue, Collin) (Entered: 02/24/2014)
2014-02-247CERTIFICATE OF SERVICE of Summons and Complaint. United States Attorney for the Southern District of New York served on 2/18/2014, answer due 4/21/2014. Service was accepted by Steven Wise, authorized person. Document filed by Pro Publica, Inc.. (Peng-Sue, Collin) (Entered: 02/24/2014)
2014-03-208ANSWER to 1 Complaint. Document filed by Federal Emegency Management Agency. (Attachments: # 1 Exhibit 1)(Cargo, Shane) (Entered: 03/20/2014)
2014-05-239ENDORSED LETTER addressed to Judge Robert W. Sweet from Thomas R. Burke dated 5/22/2014 re: The parties have agreed to postpone all discovery in this matter, including disclosures under Fed. R. Civ. P. 26, and respectfully request that the Court permit the parties to submit motions for summary judgment as further specified in this letter. In addition, the parties respectfully request a page limitation of 25 pages for each memoranda of law, including the September 12, 2014 reply memorandum of law in further support of ProPublica's cross-motion for summary judgment, and as further requested in this letter. ENDORSEMENT: So ordered. (Cross Motions due by 8/1/2014. Motions due by 6/13/2014. Responses due by 8/22/2014. Replies due by 9/12/2014.) (Signed by Judge Robert W. Sweet on 5/22/2014) (rjm) (Entered: 05/23/2014)
2014-06-1210FIRST LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Robert W. Sweet from Shane Cargo dated 6/12/2014. Document filed by Federal Emegency Management Agency. Return Date set for 6/13/2014 at 05:00 PM.(Cargo, Shane) (Entered: 06/12/2014)
2014-06-2311ORDER granting 10 Letter Motion for Extension of Time to File motion for summary judgment. June 27, 2014: FEMA's motion for summary judgment; August 15, 2014: Pro-Publica's cross-motion for summary judgment and opposition to FEMA's motion; September 5, 2014: FEMA's opposition to Pro-Publica's cross-motion and reply in further support of its motion; and September 26, 2014: Pro-Publica's reply in further support of its cross-motion. SO ORDERED. (Signed by Judge Robert W. Sweet on 6/17/2014) (ama) (Entered: 06/23/2014)
2014-06-23Set/Reset Deadlines: Responses due by 9/5/2014 Replies due by 9/26/2014. (ama) (Entered: 06/25/2014)
2014-06-2612SECOND LETTER MOTION for Extension of Time to File the Government's Motion for Summary Judgment addressed to Judge Robert W. Sweet from Shane Cargo dated 6/26/2014. Document filed by Federal Emegency Management Agency. Return Date set for 6/27/2014 at 05:00 PM.(Cargo, Shane) (Entered: 06/26/2014)
2014-06-3013MEMO ENDORSED ORDER granting 12 Letter Motion for Extension of Time to File. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 6/26/2014) (ajs) (Entered: 06/30/2014)
2014-06-30Set/Reset Deadlines: Cross Motions due by 10/6/2014. Motions due by 7/28/2014. Responses due by 10/6/2014. Replies due by 10/27/2014. (ajs) (Entered: 06/30/2014)
2014-07-2214ORDER re: 10 FIRST LETTER MOTION for Extension of Time to File Motion for Summary Judgment 12 SECOND LETTER MOTION for Extension of Time to File the Government's Motion for Summary Judgment . The parties' motion for summary judgment and cross motion to for summary judgment shall be heard noon on Wednesday, November 5, 2014 in Courtroom 18C, United States Courthouse, 500 Pearl Street ( Motion Hearing set for 11/5/2014 at 12:00 PM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Robert W. Sweet.) (Signed by Judge Robert W. Sweet on 7/16/2014) (js) (Entered: 07/22/2014)
2014-07-2515THIRD LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Robert W. Sweet from Shane Cargo dated 7/25/2014. Document filed by Federal Emegency Management Agency. Return Date set for 7/28/2014 at 05:00 PM.(Cargo, Shane) (Entered: 07/25/2014)
2014-08-0416LETTER MOTION for Extension of Time addressed to Judge Robert W. Sweet from Thomas Burke dated August 4, 2014. Document filed by Pro Publica, Inc..(Burke, Thomas) (Entered: 08/04/2014)
2014-08-0517ORDER granting 15 Letter Motion for Extension of Time to File. So ordered. (Signed by Judge Robert W. Sweet on 7/30/2014) (rjm) (Entered: 08/06/2014)
2014-08-1218ORDER granting 16 Letter Motion for Extension of Time. So ordered. (Motions due by 9/3/2014). (Signed by Judge Robert W. Sweet on 8/7/2014) (rjm) (Entered: 08/13/2014)
2014-08-2919LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Robert W. Sweet from Shane Cargo dated 8/29/2014. Document filed by Federal Emegency Management Agency.(Cargo, Shane) (Entered: 08/29/2014)
2014-09-0420MEMO ENDORSED ORDER granting 19 Letter Motion for Extension of Time to File. ENDORSEMENT: So ordered. (Signed by Judge Robert W. Sweet on 9/2/2014) (ajs) (Entered: 09/04/2014)
2014-09-1721LETTER addressed to Judge Robert W. Sweet from Thomas R. Burke dated 09/17/2014 re: ProPublica v. FEMA Request to hold matter in abeyance for 60 days. Document filed by Pro Publica, Inc..(Burke, Thomas) (Entered: 09/17/2014)
2014-09-2922ORDER FOR ADMISSION PRO HAC VICE granting 5 Motion for Thomas R. Burke to Appear Pro Hac Vice. (Signed by Judge Robert W. Sweet on 9/29/2014) (kgo) (Entered: 09/29/2014)
2014-11-1823LETTER MOTION to Adjourn Conference addressed to Judge Robert W. Sweet from Shane Cargo dated 11/18/2014. Document filed by Federal Emegency Management Agency.(Cargo, Shane) (Entered: 11/18/2014)
2014-11-2024ORDER granting 23 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 11/19/2014) (ajs) (Entered: 11/20/2014)
2014-12-0325LETTER MOTION to Adjourn Conference to December 17, 2014 addressed to Judge Robert W. Sweet from Thomas R. Burke dated December 3, 2014. Document filed by Pro Publica, Inc..(Burke, Thomas) (Entered: 12/03/2014)
2014-12-0526ORDER granting 25 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Robert W. Sweet on 12/4/2014) (ajs) (Entered: 12/05/2014)
2015-01-2227STIPULATION OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, that: 1. This action is dismissed with prejudice under Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. 2. Defendant shall pay to Plaintiff the sum of $14,000 in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment of any attorneys' fees and costs it has incurred in this action, as set forth within. So Ordered. (Signed by Judge Robert W. Sweet on 1/21/2015) (ajs) (Entered: 01/22/2015)
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by FOIA Project Staff