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Case TitleWessler v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv00976
Date Filed2017-02-10
Date ClosedOpen
JudgeJudge Sidney H. Stein
PlaintiffSeth Freed Wessler
Case DescriptionSeth Wessler, an investigative journalist, submitted a FOIA request to the U.S. Marshals Service for records concerning the number of prisoners being detained by the agency. Wessler also requested a fee waiver and expedited processing. The agency acknowledged receipt of the request. After hearing nothing from the agency, Wessler told the agency that he would file suit if it did not respond to his request. After hearing nothing further, Wessler filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantUnited States Marshals Service
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-02-101COMPLAINT against United States Department of Justice, United States Marshals Service. (Filing Fee $ 400.00, Receipt Number 0208-13298373)Document filed by Seth Freed Wessler. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lustberg, Lawrence) (Entered: 02/10/2017)
2017-02-102CIVIL COVER SHEET filed. (Lustberg, Lawrence) (Entered: 02/10/2017)
2017-02-103FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by Seth Freed Wessler. (Lustberg, Lawrence) Modified on 2/13/2017 (pc). (Entered: 02/10/2017)
2017-02-104FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Marshals Service, re: 1 Complaint. Document filed by Seth Freed Wessler. (Lustberg, Lawrence) Modified on 2/13/2017 (pc). (Entered: 02/10/2017)
2017-02-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 02/13/2017)
2017-02-13Magistrate Judge Debra C. Freeman is so designated. (pc) (Entered: 02/13/2017)
2017-02-13Case Designated ECF. (pc) (Entered: 02/13/2017)
2017-02-135NOTICE OF APPEARANCE by James David Pollock on behalf of Seth Freed Wessler. (Pollock, James) (Entered: 02/13/2017)
2017-02-13***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney; Caption title on the summons must match the caption title on the complaint and be the same for both summons. Only include the party names from the complaint caption title on the summons. Do not include Jeff Sessions and David L. Harlow. 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. (pc) (Entered: 02/13/2017)
2017-02-136REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 02/13/2017)
2017-02-137REQUEST FOR ISSUANCE OF SUMMONS as to United States Marshals Service, re: 1 Complaint. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 02/13/2017)
2017-02-148ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (kl) (Entered: 02/14/2017)
2017-02-149ELECTRONIC SUMMONS ISSUED as to United States Marshals Service. (kl) (Entered: 02/14/2017)
2017-02-1510ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 23A on Tuesday, April 11, 2017, at 10:30 a.m. for an initial pretrial conference pursuant to Fed. R. Civ. P. 16. At that time, counsel for all parties must appear prepared to discuss the progress of the case and the scheduling of discovery proceedings, any dispositive motions, the feasibility of settlement or alternative dispute resolution, the dates for future conferences, and the submission of a joint pretrial order. And as set forth herein. SO ORDERED. Initial Conference set for 4/11/2017 at 10:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 2/15/2017) (ama) (Entered: 02/15/2017)
2017-02-1511CERTIFICATE OF SERVICE. United States Department of Justice served on 2/15/2017, answer due 3/8/2017; United States Marshals Service served on 2/15/2017, answer due 3/8/2017. Service was made by MAIL. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 02/15/2017)
2017-03-1712NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of United States Department of Justice, United States Marshals Service. (Aronoff, Peter) (Entered: 03/17/2017)
2017-03-2013CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Sidney H. Stein from Peter Aronoff dated 3/20/2017. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 03/20/2017)
2017-03-2014ORDER: granting 13 Letter Motion for Extension of Time to Answer. SO ORDERED. United States Department of Justice answer due 4/10/2017; United States Marshals Service answer due 4/10/2017. (Signed by Judge Sidney H. Stein on 3/20/2017) (ama) (Entered: 03/20/2017)
2017-04-1015ANSWER to 1 Complaint. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 04/10/2017)
2017-04-11Minute Entry for proceedings held before Judge Sidney H. Stein: Initial Pretrial Conference held on 4/11/2017. Counsel for all parties appeared. (lab) (Entered: 04/11/2017)
2017-04-1116ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that the next conference will be held on April 21, 2017, at 11:00 a.m. (Status Conference set for 4/21/2017 at 11:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/11/2017) (ras) (Entered: 04/11/2017)
2017-04-2017JOINT LETTER MOTION to Adjourn Conference and Approve Proposed Schedule addressed to Judge Sidney H. Stein from Seth Freed Wessler dated April 20, 2017. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 04/20/2017)
2017-04-2018ORDER granting 17 Letter Motion to Adjourn Conference. The Court adopts the parties' proposed schedule and adjourns the April 21 conf to June 19 at 11 AM. Status Conference set for 6/19/2017 at 11:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 4/20/2017) (kgo) (Entered: 04/20/2017)
2017-05-1819CONSENT LETTER MOTION for Extension of Time to complete certain productions addressed to Judge Sidney H. Stein from Peter Aronoff dated 5/18/2017. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 05/18/2017)
2017-05-1820ORDER: granting 19 Letter Motion for Extension of Time. (The current schedule calls for the government to process all documents responsive to requests 3, 4, 5, and 6 by May 31, 2017. However, because of the number of responsive records and the limited resources of USMS, it will not be possible to process all of the responsive documents by May 31. The government respectfully requests that the schedule be modified so that the government make rolling monthly productions of approximately one third of the responsive documents for requests 3-6 by May 31, June 30, and July 31, so that all responsive documents are processed by July 31. This proposed date still falls comfortably within the approximately six-month time frame (that is, until approximately October 11, 2017) that the government represented would be feasible at the initial conference on April 11, 2017. Plaintiff has consented to deft. request). SO ORDERED. (Signed by Judge Sidney H. Stein on 5/18/2017) (ama) (Entered: 05/18/2017)
2017-06-1221STATUS REPORT. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 06/12/2017)
2017-06-1322MEMO ENDORSEMENT: on re: 21 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: A Status Letter is to be submitted by June 16 at Noon. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/13/2017) (ama) (Entered: 06/13/2017)
2017-06-1623STATUS REPORT. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 06/16/2017)
2017-06-19Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 6/19/2017. Counsel for all parties were present. (lab) (Entered: 06/19/2017)
2017-06-1924ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that: 1. The last day for completion of production of the Quality Assurance Review reports is extended to December 1, 2017; 2. The plaintiff will provide a list of names to defendants of the people he wants medical records for; and 3. The next status conference will be held on July 27, 2017, at 2:30 p.m. Status Conference set for 7/27/2017 at 02:30 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 6/19/2017) (kgo) (Entered: 06/19/2017)
2017-07-27Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 7/27/2017. Counsel for all parties were present. (lab) (Entered: 07/27/2017)
2017-07-2725ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that there will be a pretrial conference on October 27, 2017, at 2:30 p.m. SO ORDERED., ( Pretrial Conference set for 10/27/2017 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 7/27/2017) (ama) (Entered: 07/27/2017)
2017-10-2726ORDER: IT IS HEREBY ORDERED that The extended deadline for the production of all QARs is December 1, 2017. If that deadline is not met, the Court intends to direct that more resources be devoted to this review. The parties are directed to meet and confer in person in order to define the non-QAR documents that are responsive to Requests 3-6. On or before November 20, 2017, defendant shall inform plaintiff and the Court as to when the balance of non-QAR documents responsive to Requests 3-6 can be produced. There will be a pretrial conference on December 8, 2017, at 10:00 am. Plaintiff's counsel may appear by phone. (Pretrial Conference set for 12/8/2017 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 10/27/2017) (ap) (Entered: 10/27/2017)
2017-10-27Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 10/27/2017. Counsel for all parties were present. (lab) (Entered: 11/01/2017)
2017-11-2027LETTER addressed to Judge Sidney H. Stein from Peter Aronoff dated 11/20/2017 re: status update on non-QAR documents. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 11/20/2017)
2017-12-0128LETTER MOTION for Extension of Time to complete processing QARs and correspondence addressed to Judge Sidney H. Stein from Peter Aronoff dated 12/1/2017. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 12/01/2017)
2017-12-0829LETTER addressed to Judge Sidney H. Stein from J. David Pollock dated December 8, 2017 re: In Opposition to a Further Extension of Time. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 12/08/2017)
2017-12-08Minute Entry for proceedings held before Judge Sidney H. Stein: Pretrial Conference held on 12/8/2017. Counsel for all parties were present. (lab) (Entered: 12/08/2017)
2017-12-0830ORDER: A pretrial conference having been held today, with plaintiff's counsel attending by phone, IT IS HEREBY ORDERED that: The extended deadline for the production of all QARs and the related correspondence is March 1, 2018. If defendant needs to add additional personnel to the processing and production in order to meet that deadline, it is directed to do so. Sanctions will result from the failure to meet the March 1 deadline; Following that deadline, plaintiff shall narrow his remaining requests and inform the government of the narrowed universe of documents plaintiff seeks. In response, defendant shall determine the time needed to respond to those narrowed requests. The parties shall submit letters informing the Court of the status of this process on or before March 19, 2018; and There will be a pretrial conference on March 22, 2018, at 11:00 am. (Pretrial Conference set for 3/22/2018 at 11:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 12/8/2017) (ap) (Entered: 12/08/2017)
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