Skip to content

Case Detail

[Subscribe to updates]
Case TitleMakuhari Media LLC et al v. Federal Bureau Of Investigation
DistrictEastern District of New York
CityBrooklyn
Case Number1:2017cv05363
Date Filed2017-09-13
Date ClosedOpen
JudgeJudge Raymond J. Dearie
PlaintiffMakuhari Media LLC
PlaintiffRyan Rodenberg
TERMINATED: 05/04/2017
Case DescriptionIn March 2017, Makuhari Media, a film production company, joined a FOIA request submitted by Ryan Rodenberg to the FBI for records concerning its investigation of NBA referee Tim Donaghy for wire fraud. The agency refused to process the request because it involved third-party information for which the requesters had not provided a privacy waiver. Makuhari Media filed an administrative appeal, arguing that Donaghy's involvement had been publicly acknowledged. After the agency failed to respond, Makuhari Media renewed its complaint filed in March 2017.
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) [Transferred from New York Southern on 9/13/2017.] (Entered: 04/27/2017)
2017-04-272CIVIL COVER SHEET filed. (Novack, Daniel) [Transferred from New York Southern on 9/13/2017.] (Entered: 04/27/2017)
2017-04-273RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Makuhari Media LLC.(Novack, Daniel) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 04/28/2017)
2017-04-28Magistrate Judge Gabriel W. Gorenstein is so designated. (jvs) [Transferred from New York Southern on 9/13/2017.] (Entered: 04/28/2017)
2017-04-28Case Designated ECF. (jvs) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 04/28/2017)
2017-04-285ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (jvs) [Transferred from New York Southern on 9/13/2017.] (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). [Transferred from New York Southern on 9/13/2017.] (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). [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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). [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 05/03/2017)
2017-05-0411ELECTRONIC AMENDED SUMMONS ISSUED as to Federal Bureau Of Investigation. (pc) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 05/09/2017)
2017-06-0814NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Federal Bureau Of Investigation. (Dolinger, Samuel) [Transferred from New York Southern on 9/13/2017.] (Entered: 06/08/2017)
2017-06-0815CERTIFICATE OF SERVICE (FOIA CASE). Document filed by Makuhari Media LLC. (Novack, Daniel) [Transferred from New York Southern on 9/13/2017.] (Entered: 06/08/2017)
2017-06-0916ANSWER to 8 Amended Complaint,. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 08/01/2017)
2017-07-31Set/Reset Deadlines: Amended Pleadings due by 8/4/2017. (ras) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 08/02/2017)
2017-08-0923ANSWER to 22 Amended Complaint,. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (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) [Transferred from New York Southern on 9/13/2017.] (Entered: 09/08/2017)
2017-09-1326Case transferred in from District of New York Southern; Case Number 1:17-cv-03081. Original file certified copy of transfer order and docket sheet received. (Entered: 09/13/2017)
2017-09-13The case of Makuhari Media LLC et al v. Federal Bureau of Investigation , has been transferred from Southern District to the Eastern District of New York. The new case number is 17cv5363 . PLEASE NOTE: if you plan to continue representing your client(s), you must be admitted to practice before this court. You must do so by applying for Pro Hac Vice or permanent admission. To apply for Pro Hac Vice admission, you must first register for an ECF login and password. Please visit the Court's website at www.nyed.uscourts.gov/attorney-admissions for guidance. Once registered, you must electronically file a Motion to Appear Pro Hac Vice. You must pay the required pro hac vice fee online. (Bowens, Priscilla) (Entered: 09/13/2017)
2017-09-1327In 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: 09/13/2017)
2017-09-1428NOTICE of Appearance by Seth D. Eichenholtz on behalf of Federal Bureau of Investigation (aty to be noticed) (Eichenholtz, Seth) (Entered: 09/14/2017)
Hide Docket Events
by FOIA Project Staff