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Case TitleCollier v. Federal Communications Commission
DistrictEastern District of New York
CityBrooklyn
Case Number1:2017cv04419
Date Filed2017-07-26
Date ClosedOpen
JudgeJudge Sterling Johnson, Jr
PlaintiffKevin Collier
Case DescriptionKevin Collier, an investigative journalist, submitted two FOIA requests to the Federal Communications Commission for records concerning the crash of its website after John Oliver urged viewers to comment in favor of net neutrality. The agency acknowledged receipt of the requests and granted Collier expedited processing. After hearing nothing further from the agency, Collier filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantFederal Communications Commission
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-07-261COMPLAINT against Federal Communications Commission filing fee $ 400, receipt number 0207-9711422 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Kevin Collier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Novack, Daniel) (Entered: 07/26/2017)
2017-07-262Proposed Summons.Civil Cover Sheet.. Re 1 Complaint, by Kevin Collier (Attachments: # 1 Proposed Summons) (Novack, Daniel) (Entered: 07/26/2017)
2017-07-26Case assigned to Judge Sandra L. Townes and Magistrate Judge Peggy Kuo. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 07/27/2017)
2017-07-263Summons Issued as to Federal Communications Commission. (Bowens, Priscilla) (Entered: 07/27/2017)
2017-07-274In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 07/27/2017)
2017-07-275This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 07/27/2017)
2017-08-096SUMMONS Returned Executed by Kevin Collier. Federal Communications Commission served on 8/8/2017, answer due 9/9/2017. (Novack, Daniel) Modified on 8/9/2017 (Marziliano, August). (Entered: 08/09/2017)
2017-09-077MOTION for Extension of Time to File Answer by Federal Communications Commission. (Apicella, Jolie) (Entered: 09/07/2017)
2017-09-11ORDER granting 7 Motion for Extension of Time to Answer. The deadline for Defendant to answer is extended to November 13, 2017 . Ordered by Magistrate Judge Peggy Kuo on 9/11/2017. (Feldman, Shira) (Entered: 09/11/2017)
2017-09-13Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Peggy Kuo no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 09/13/2017)
2017-11-098Second MOTION for Extension of Time to File Answer Filed and dated November 9, 2017 requesting 2 week extension from November 13, 2017 until November 27, 2017 to answer or respond to Complaint. by Federal Communications Commission. (Apicella, Jolie) (Entered: 11/09/2017)
2017-11-10ORDER: Motion for Extension of Time to Answer 8 is granted. Defendant is directed to respond no later than 11/27/2017. SO Ordered by Magistrate Judge Sanket J. Bulsara on 11/10/2017. (Cardenas, Alex) (Entered: 11/10/2017)
2017-11-149SCHEDULING ORDER: An in person initial conference will be held at 11:00 AM on 2/13/2018 in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All parties must attend. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with Court no later than two (2) days before 2/13/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/14/2017. (Manson, Eddie) (Entered: 11/14/2017)
2017-11-2710ANSWER to Complaint filed and dated November 27, 2017 by Federal Communications Commission. (Apicella, Jolie) (Entered: 11/27/2017)
2017-12-0711AMENDED COMPLAINT against Federal Communications Commission, filed by Kevin Collier. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Novack, Daniel) (Entered: 12/07/2017)
2017-12-2212MOTION for Extension of Time to File Answer by Federal Communications Commission. (Apicella, Jolie) (Entered: 12/22/2017)
2017-12-26ORDER: The Motion for Extension of Time to File Answer 12 is granted. Defendant shall file Answer on or before 1/26/2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 12/26/2017. (Manson, Eddie) (Entered: 12/26/2017)
2018-01-2613AMENDED ANSWER to Amended Complaint filed 1-26-18 by Federal Communications Commission. (Apicella, Jolie) (Entered: 01/26/2018)
2018-02-1214Motion to Appear by Telephone by Kevin Collier. (Novack, Daniel) (Entered: 02/12/2018)
2018-02-12ORDER: The motion to adjourned the conference 14 is granted, motion to appear by telephone 14 is denied. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/12/2018. (Manson, Eddie) (Entered: 02/12/2018)
2018-02-12RE-SCHEDULING ORDER: The in person initial conference scheduled to be held at 11:00 AM on 2/13/2018, is hereby adjourned to 3/1/2018 at 2:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. All parties must attend. Counsel are directed to complete the attached Discovery Plan Worksheet in docket entry 9 and electronically file same with the Court no later than two (2) days before 3/1/2018. So Ordered by Magistrate Judge Sanket J. Bulsara on 2/12/2018. (Manson, Eddie) . (Entered: 02/12/2018)
2018-02-22Case Reassigned to Judge Sterling Johnson, Jr. Judge Sandra L. Townes no longer assigned to the case. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Mahoney, Brenna) (Entered: 02/22/2018)
2018-03-01Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person initial conference was held on 3/1/2018. Counsel for both parties were present. (See separate docket entry for order issuing from this proceeding). (FTR Log #2:06-2:22.) (Manson, Eddie) (Entered: 03/01/2018)
2018-03-01STATUS REPORT ORDER: The parties are directed to file a Status Report on or before 4/4/2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 3/1/2018. (Manson, Eddie) (Entered: 03/01/2018)
2018-03-01SCHEDULING ORDER: An in person settlement conference will take place on 4/11/2018 at 4:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The parties are directed to follow Judge Bulsara's Individual Practices Regarding Settlement Conferences. So Ordered by Magistrate Judge Sanket J. Bulsara on 3/1/2018. (Manson, Eddie) (Entered: 03/01/2018)
2018-04-0315STATUS REPORT by Kevin Collier (Novack, Daniel) (Entered: 04/03/2018)
2018-04-1016First MOTION to Adjourn Conference scheduled for April 11, 2018 by Federal Communications Commission. (Apicella, Jolie) (Entered: 04/10/2018)
2018-04-10ORDER: The Motion to Adjourn Conference 16 is granted. The in person settlement conference scheduled for 4/11/2018 at 2:00 P.M. is adjourned to 4/24/2018 at 2:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. The parties are directed to follow Judge Bulsara's Individual Practices Regarding Settlement Conferences. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/10/2018. (Manson, Eddie) (Entered: 04/10/2018)
2018-04-23RE-SCHEDULING ORDER: Due to a scheduling conflict the in person settlement conference scheduled for April 24, 2018 at 2:00 P.M. will now be held at 3:00 P.M. in Courtroom 324N before Magistrate Judge Sanket J. Bulsara. So Ordered by Magistrate Judge Sanket J. Bulsara on 4/23/2018. (Manson, Eddie) (Entered: 04/23/2018)
2018-04-24Minute Entry for proceedings held before Magistrate Judge Sanket J. Bulsara: An in person settlement conference was held on 4/24/2018. All parties were present.(See separate docket entry for order issuing from this proceeding.) (Manson, Eddie) (Entered: 04/26/2018)
2018-04-26ORDER: An particle resolution of the case has been achieved. Case will proceed pursuant to the settlement agreement as discussed on the record. The parties are to submit executed settlement agreement on or before May 10, 2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 4/26/2018. (Manson, Eddie) (Entered: 04/26/2018)
2018-05-0717STIPULATION of Partial Settlement and Proposed Order filed May 7, 2018 by Federal Communications Commission (Apicella, Jolie) (Entered: 05/07/2018)
2018-05-1018STIPULATION AND ORDER OF PARTIAL SETTLEMENT. ( Ordered by Judge Sterling Johnson, Jr on 5/8/2018 ) (Guzzi, Roseann) (Entered: 05/10/2018)
2018-08-1319MOTION for Hearing by Kevin Collier. (Novack, Daniel) (Entered: 08/13/2018)
2018-08-14ORDER re 19 MOTION for Hearing filed by Kevin Collier Ordered by Judge Sterling Johnson, Jr on 8/14/2018. Motion for Hearing referred to Magistrate Judge Bulsara. (Rodriguez, Ana) (Entered: 08/14/2018)
2018-08-1620RESPONSE in Opposition re 19 MOTION for Hearing filed by Federal Communications Commission. (Apicella, Jolie) (Entered: 08/16/2018)
2018-08-2121ORDER: For the reasons stated in the attached, Motion for Hearing 19 is denied. The parties are directed to take the first step in any dispositive motion practice, consistent with Judge Johnsons individual practices, by 9/28/2018 . So Ordered by Magistrate Judge Sanket J. Bulsara on 8/21/2018. (Cardenas, Alex) (Entered: 08/21/2018)
2018-09-0622MOTION for Reconsideration re 21 Order on Motion for Hearing, by Kevin Collier. (Novack, Daniel) (Entered: 09/06/2018)
2018-09-1323RESPONSE to Motion re 22 MOTION for Reconsideration re 21 Order on Motion for Hearing, filed by Federal Communications Commission. (Apicella, Jolie) (Entered: 09/13/2018)
2018-09-17ORDER: The motion for reconsideration 22 is denied. "In general, '[t]he standard for granting [a motion for reconsideration] is strict, and reconsideration will generally be denied unless the moving party can point to controlling decisions or data that the court overlooked-matters, in other words, that might reasonably be expected to alter the conclusion reached by the court.'" Azubuko v. Boston's Police Officer, No. 11695 , No. 08-CV-00328, 2008 WL 2574339, at *1 (E.D.N.Y. June 26, 2008) (quoting Shrader v. CSX Transp., Inc. , 70 F.3d 255, 257 (2d Cir. 1995)). The motion simply rehashes and restates arguments previously made to this Court and discussed at length in the Court's prior decision. As such there is no basis on which to grant Plaintiff's motion. Id. ("[R]econsideration motions should not be granted where the moving party seeks solely to re-litigate an issue already decided."). Independently, under Local Rule 6.3 Plaintiff's motion was due no later than September 4, 2018, 14 days after the Court issued its decision on August 21, 2018. The motion was filed on September 6, 2018. Filing the motion after the deadline set by Rule 6.3 is reason enough to deny the motion. Gibson v. Wise , 331 F. Supp. 2d 168, 169 (E.D.N.Y. 2004). So Ordered by Magistrate Judge Sanket J. Bulsara on 9/17/2018. (Murphy, Colleen) (Entered: 09/17/2018)
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