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Case TitleRadar Online LLC et al v. Federal Bureau of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv03842
Date Filed2017-05-22
Date ClosedOpen
JudgeMagistrate Judge James L. Cott
PlaintiffRadar Online LLC
PlaintiffMichael Best
Case DescriptionRadar Online, an online investigative journalism outlet, and Michael Best, a journalist, submitted a FOIA request to the FBI for records concerning the Church of Scientology. The agency told Radar Online and Best that the request was too vague to search. Radar Online and Best filed an administrative appeal. The agency denied the appeal on the basis that it was too burdensome. Radar Online and Best also submitted a request for records concerning Ronald DeWolf, providing verification that DeWolf was deceased. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, Radar Online and Best 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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-221COMPLAINT against Federal Bureau of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-13693000)Document filed by Radar Online LLC, Michael Best. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Novack, Daniel) (Entered: 05/22/2017)
2017-05-222CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 05/22/2017)
2017-05-223RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Radar Online LLC.(Novack, Daniel) (Entered: 05/22/2017)
2017-05-224REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Michael Best, Radar Online LLC. (Novack, Daniel) (Entered: 05/22/2017)
2017-05-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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 . (kl) (Entered: 05/23/2017)
2017-05-23Magistrate Judge James L. Cott 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 . (kl) (Entered: 05/23/2017)
2017-05-23Case Designated ECF. (kl) (Entered: 05/23/2017)
2017-05-235ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation. (kl) (Entered: 05/23/2017)
2017-06-016NOTICE OF INITIAL CONFERENCE: Initial Conference set for 9/5/2017 at 10:00 AM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. And as further set forth in this Order. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/1/2017) (anc) (Entered: 06/01/2017)
2017-06-087AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. Federal Bureau of Investigation served on 6/8/2017, answer due 7/10/2017. Service was made by Mail. Document filed by Radar Online LLC. (Novack, Daniel) (Entered: 06/08/2017)
2017-06-168NOTICE OF APPEARANCE by Sharanya Mohan on behalf of Federal Bureau of Investigation. (Mohan, Sharanya) (Entered: 06/16/2017)
2017-06-199ORDER: It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order mail or email directly to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov) a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at http://nysd.uscourts.gov /file/forms/consent-to-proceed-before-us-magistrate-judge); and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 6/19/2017) (anc) (Entered: 06/19/2017)
2017-06-2310CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Michael Best, Federal Bureau of Investigation, Radar Online LLC. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Gregory H. Woods on 6/23/2017) (anc) (Entered: 06/23/2017)
2017-06-2611ORDER: The Court directs the parties to submit a proposed stipulation and order regarding a schedule for summary judgment motion practice no later than July 10, 2017 for the Court's approval. Unless the parties believe it is necessary, the Court will otherwise dispense with an initial case management conference at this time. Relatedly, the initial conference scheduled by Judge Woods for September 5, 2017 (Dkt. No. 6) is hereby adjourned sine die. Finally, even though the Court anticipates that the parties will be filing cross-motions for summary judgment under Rule 56, the Court will excuse the requirement of filing Statements under Local Rule 56.1, which are generally not useful in cases of this kind. Once the motions are fully submitted, the Court will determine whether oral argument is necessary. (Signed by Magistrate Judge James L. Cott on 6/26/2017) (kgo) (Entered: 06/26/2017)
2017-07-0712LETTER addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated July 7, 2017 re: the Court's Order directing the parties to submit a briefing schedule. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 07/07/2017)
2017-07-1013ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 07/10/2017)
2017-07-1014MEMO ENDORSEMENT on re: 12 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: Application granted. The parties are directed to provide the Court with a status report by August 1 and, if appropriate, to propose a briefing schedule. (Signed by Magistrate Judge James L. Cott on 7/10/2017) (kgo) (Entered: 07/10/2017)
2017-07-1315AMENDED ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation. (Mohan, Sharanya) (Entered: 07/13/2017)
2017-08-0116LETTER addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated August 1, 2017 re: status of the parties' negotiations. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 08/01/2017)
2017-08-0217LETTER MOTION for Extension of Time to continue negotiations as to scope of FOIA request addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated August 1, 2017. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 08/02/2017)
2017-08-0218ORDER granting 17 Letter Motion for Extension of Time. Application granted. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 08/02/2017)
2017-08-2119STIPULATION AND ORDER MODIFYING FOIA REQUEST: It is hereby STIPULATED and AGREED between the Parties as follows: The FBI's search obligation in this action as to the Scientology Request are governed solely by the searches set forth in the Joint Proposal for New Searches (the "Joint Proposal"), attached hereto as Exhibit 1, and not by the original Scientology Request. The Joint Proposal reflects the modification to the Scientology Request agreed to by the Parties (the "Modified Scientology Request")...Nothing in this Stipulation modifies the substantive legal standard otherwise applicable under law governing any claim by Plaintiffs for attorneys' fees, and as further set forth herein. (Signed by Magistrate Judge James L. Cott on 8/21/2017) (ras) (Entered: 08/21/2017)
2017-08-2120ORDER: In this action brought under the Freedom of Information Act, the parties have submitted, and the Court has approved, a Stipulation and Proposed Order Modifying FOIA Request ("the Stipulation"). The parties are hereby directed to submit a letter to the Court by September 1, 2017 advising the Court how they propose to proceed in the pending action in light of the Stipulation, and whether any motion practice will be necessary. (Signed by Magistrate Judge James L. Cott on 8/21/2017) (ras) (Entered: 08/21/2017)
2017-08-3121LETTER addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated August 31, 2017 re: response to Court's August 21, 2017 Order. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 08/31/2017)
2017-08-3122ORDER: In this action brought under the Freedom of Information Act, the Court would like to hold a conference, by telephone, on September 7, 2017 at 5:00 p.m. to discuss the parties' letter, dated August 31, 2017 (Dkt. No. 21). The parties should call chambers on that date and time at (212) 805-0250 with both sides on the line, or alternatively provide a call-in number to chambers before the conference by emailing it to CottNYSDChambers@nysd.uscourts.gov. Telephone Conference set for 9/7/2017 at 05:00 PM before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 8/31/2017) (kgo) (Entered: 08/31/2017)
2017-09-07Minute Entry for proceedings held before Magistrate Judge James L. Cott: Telephone Conference held on 9/7/2017. (Tam, David) (Entered: 09/07/2017)
2017-09-0823ORDER: As discussed during yesterday's telephone conference, the parties are directed to submit a status report to the Court by November 30, 2017. Following that report, the Court will determine whether additional status reports, or some other means of proceeding, will be appropriate in charting the further course of the case. (Signed by Magistrate Judge James L. Cott on 9/8/2017) (ap) (Entered: 09/08/2017)
2017-11-3024STATUS REPORT. Document filed by Michael Best, Radar Online LLC.(Novack, Daniel) (Entered: 11/30/2017)
2017-12-0125MEMO ENDORSEMENT on re: 24 Status Report filed by Michael Best, Radar Online LLC. ENDORSEMENT: The parties are directed to provide a status update by March 1, 2018 and the Court will then determine the most appropriate way to proceed thereafter. (Signed by Magistrate Judge James L. Cott on 12/1/2017) (kgo) (Entered: 12/01/2017)
2018-03-0126LETTER addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated March 1, 2018 re: joint status update. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 03/01/2018)
2018-03-0227MEMO ENDORSEMENT on re: 26 Letter filed by Federal Bureau of Investigation. ENDORSEMENT; Application granted. The parties are directed to provide a status update by May 1, 2018 and the Court will then determine the most appropriate way to proceed. Any further application of this kind should be made by letter-motion not by letter so that the court may adjudicate through a text-only order. (Signed by Magistrate Judge James L. Cott on 3/2/2018) (kgo) (Entered: 03/02/2018)
2018-05-0128LETTER addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated May 1, 2018 re: Joint Status Update. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 05/01/2018)
2018-05-0129MEMO ENDORSEMENT: on re: 28 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: The parties are directed to provide their next status update by October 1, 2018. (Signed by Magistrate Judge James L. Cott on 5/1/2018) (ap) (Entered: 05/01/2018)
2018-10-0130LETTER MOTION to Continue re: status update addressed to Magistrate Judge James L. Cott from Sharanya Mohan dated October 1, 2018. Document filed by Federal Bureau of Investigation.(Mohan, Sharanya) (Entered: 10/01/2018)
2018-10-0231ORDER granting 30 Letter Motion to Continue. Thank you for this status report. The parties are directed to provide their next status update by February 1, 2019. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 10/02/2018)
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