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Case TitleMakuhari Media LLC et al v. Federal Bureau Of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv03081
Date Filed2017-04-27
Date Closed2017-09-01
JudgeJudge Richard J. Sullivan
PlaintiffMakuhari Media LLC
PlaintiffRyan Rodenberg
TERMINATED: 05/04/2017
Case DescriptionMakuhari Media, a production company making documentary films, and Ryan Rodenberg, an academic researcher, submitted a FOIA request to the FBI for records concerning the agency's 2007 investigation of NBA referee Tim Donaghy for interfering with basketball games to benefit a professional gambler. The agency denied the request because Makuhari Media and Rodenberg had not provided Privacy Act waivers for various identified individuals, including Donaghy. Makuhari Media and Rodenberg filed an administrative appeal, arguing that much of the information related to the investigation had already been made public and that there was a public interest in knowing about the investigation. The FBI acknowledged receipt of the appeal, but after hearing nothing further from the agency, Makuhari Media and Rodenberg filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Bureau Of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-04-271COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-13593913)Document filed by Makuhari Media LLC, Ryan Rodenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Novack, Daniel) (Entered: 04/27/2017)
2017-04-272CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 04/27/2017)
2017-04-273RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Makuhari Media LLC.(Novack, Daniel) (Entered: 04/27/2017)
2017-04-274REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Makuhari Media LLC, Ryan Rodenberg. (Novack, Daniel) (Entered: 04/27/2017)
2017-04-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. 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 . (jvs) (Entered: 04/28/2017)
2017-04-28Magistrate Judge Gabriel W. Gorenstein is so designated. (jvs) (Entered: 04/28/2017)
2017-04-28Case Designated ECF. (jvs) (Entered: 04/28/2017)
2017-04-28***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Daniel Richard Novack. The party information for the following party/parties has been modified: Dr. Ryan Rodenberg. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (jvs) (Entered: 04/28/2017)
2017-04-285ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (jvs) (Entered: 04/28/2017)
2017-05-026FILING ERROR - PDF ERROR - AMENDED COMPLAINT amending 1 Complaint, against Federal Bureau Of Investigation.Document filed by Makuhari Media LLC. Related document: 1 Complaint, filed by Makuhari Media LLC, Ryan Rodenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Novack, Daniel) Modified on 5/3/2017 (pc). (Entered: 05/02/2017)
2017-05-027FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUESTED IS NOT AN AMENDED SUMMONS - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Federal Bureau of Investigation, re: 6 Amended Complaint,. Document filed by Makuhari Media LLC. (Novack, Daniel) Modified on 5/3/2017 (pc). (Entered: 05/02/2017)
2017-05-03***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Richard Novack to RE-FILE Document No. 6 Amended Complaint,. The filing is deficient for the following reason(s): Caption title must indicate "Amended Complaint". Re-file the pleading using the event type Amended 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. (pc) (Entered: 05/03/2017)
2017-05-03***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 7 Request for Issuance of Amended Summons,. The filing is deficient for the following reason(s): Please include the word "Amended" in front of "Summons in a Civil Action". Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 05/03/2017)
2017-05-038AMENDED COMPLAINT amending 1 Complaint, against Federal Bureau Of Investigation.Document filed by Makuhari Media LLC. Related document: 1 Complaint, filed by Makuhari Media LLC, Ryan Rodenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Novack, Daniel) (Entered: 05/03/2017)
2017-05-039FILING ERROR - DUPLICATE DOCKET ENTRY AMENDED COMPLAINT amending 1 Complaint, against Federal Bureau Of Investigation.Document filed by Makuhari Media LLC. Related document: 1 Complaint, filed by Makuhari Media LLC, Ryan Rodenberg. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Novack, Daniel) Modified on 5/4/2017 (pc). (Entered: 05/03/2017)
2017-05-0310REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Federal Bureau of Investigation, re: 8 Amended Complaint,. Document filed by Makuhari Media LLC. (Novack, Daniel) (Entered: 05/03/2017)
2017-05-0411ELECTRONIC AMENDED SUMMONS ISSUED as to Federal Bureau Of Investigation. (pc) (Entered: 05/04/2017)
2017-05-0812AFFIDAVIT OF SERVICE of Summons and Amended Complaint,. Federal Bureau Of Investigation served on 5/8/2017, answer due 7/7/2017. Service was made by Mail. Document filed by Makuhari Media LLC. (Novack, Daniel) (Entered: 05/08/2017)
2017-05-0913ORDER: Accordingly, it is hereby ordered that the parties shall appear for an initial conference on Friday, July 14, 2017 at 9:45 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. It is further ordered that, by July 7, 2017, the parties shall jointly submit a letter, not to exceed five (5) pages, providing the following information in separate paragraphs: as further set forth in this order. It is further ordered that, by July 7, 2017, the parties shall submit to the Court a proposed case management plan and scheduling order. A template for the order is available at : http//www.nysd.uscourts.gov/judge/Sullivan. The status letter and the proposed case management plan should be filed on ECF and emailed to my Chambers at the following address: sullivanNYSDchambers@nysd.uscourts.gov.Please consult my Individual Rules with respect to communications with Chambers and related matters. Plaintiff shall serve Defendant with a copy of this Order and file a certificate of service on ECF indicating that this service was effectuated. Defendant shall thereafter file a notice of appearance through ECF. So Ordered ( Initial Conference set for 7/14/2017 at 09:45 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 5/8/2017) (js) (Entered: 05/09/2017)
2017-06-0814NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Federal Bureau Of Investigation. (Dolinger, Samuel) (Entered: 06/08/2017)
2017-06-0815CERTIFICATE OF SERVICE (FOIA CASE). Document filed by Makuhari Media LLC. (Novack, Daniel) (Entered: 06/08/2017)
2017-06-0916ANSWER to 8 Amended Complaint,. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 06/09/2017)
2017-07-0717LETTER addressed to Judge Richard J. Sullivan from Samuel Dolinger dated 7/7/2017 re: the parties' letter in advance of initial conference scheduled for July 14, 2017. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 07/07/2017)
2017-07-14Minute entry for initial pretrial conference held before Judge Richard J. Sullivan on 7/14/2017 at approximately 9:45 a.m. Daniel Richard Novack for Plaintiff. Samuel Hilliard Dolinger for Defendant. The Court directed Defendant to submit a pre-motion letter consistent with Rule 2A of the Court's Individual Rules and Practices no later than Wednesday, July 19, 2017. Plaintiff shall submit a response by Monday, July 24, 2017. (Ruben, Ari) (Entered: 07/14/2017)
2017-07-1918LETTER MOTION for Conference regarding FBI's proposed motion to transfer venue addressed to Judge Richard J. Sullivan from Samuel Dolinger dated 7/19/2017. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 07/19/2017)
2017-07-2419LETTER RESPONSE in Opposition to Motion addressed to Judge Richard J. Sullivan from MAKUHARI MEDIA LLC dated 7/24/17 re: 18 LETTER MOTION for Conference regarding FBI's proposed motion to transfer venue addressed to Judge Richard J. Sullivan from Samuel Dolinger dated 7/19/2017. . Document filed by Makuhari Media LLC. (Novack, Daniel) (Entered: 07/24/2017)
2017-07-2620LETTER addressed to Judge Richard J. Sullivan from Samuel Dolinger dated 7/26/2017 re: parties' proposed resolution of venue issue. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 07/26/2017)
2017-07-3121ORDER terminating 18 Letter Motion for Conference. IT IS HEREBY ORDERED THAT Plaintiff shall file an amended complaint by August 4, 2017 and Defendant shall file an amended answer no later than August 11, 2017. In their joint letter, the parties also request that this matter be stayed until September 8, 2017, at which time the parties will update the Court on the status of ongoing discussions about "the processing and production of responsive, nonexempt records" and the parties' attempts to "narrow the scope of the records responsive to Plaintiff's request." This request is DENIED. Instead, IT IS FURTHER ORDERED that by August 25, 2017, the parties shall submit a joint letter of no more than five pages explaining why the Court should not transfer this action under 28 U.S.C. § 1404(a) to the Eastern District of New York where the majority of responsive records appear to be located. E.g., Housley v. Dep't of Justice, No. 89-0436 (CRR), 1989 WL 1842263, at* 1 (D.D.C. Nov. 13, 1989). The Clerk of Court is respectfully directed to terminate the motion pending at docket number 18. (Signed by Judge Richard J. Sullivan on 7/31/2017) (ras) (Entered: 08/01/2017)
2017-07-31Set/Reset Deadlines: Amended Pleadings due by 8/4/2017. (ras) (Entered: 08/01/2017)
2017-08-0222SECOND AMENDED COMPLAINT amending 8 Amended Complaint, 1 Complaint, against Federal Bureau Of Investigation.Document filed by Makuhari Media LLC. Related document: 8 Amended Complaint, 1 Complaint,. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Novack, Daniel) (Entered: 08/02/2017)
2017-08-0923ANSWER to 22 Amended Complaint,. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 08/09/2017)
2017-08-2524LETTER addressed to Judge Richard J. Sullivan from Samuel Dolinger dated 8/25/2017 re: the parties' joint letter in response to the Court's order concerning transfer under 28 U.S.C. § 1404(a). Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 08/25/2017)
2017-09-0125ORDER: IT IS HEREBY ORDERED THAT, for the reasons set forth above, the Clerk of the Court is respectfully directed to TRANSFER the above-entitled action to the Eastern District of New York. (Signed by Judge Richard J. Sullivan on 9/1/2017) (mro) (Entered: 09/05/2017)
2017-09-01CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Eastern District of New York (mro) (Entered: 09/08/2017)
2017-09-13Received e-mail from the United States District Court - Eastern District of New York acknowledging receipt of transferred case. Assigned Case Number: 1:17-cv-05363, filed on 09/13/2017. (sjo) (Entered: 09/13/2017)
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by FOIA Project Staff