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Case TitleState of New York v. United States Department of Labor
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv07029
Date Filed2018-08-06
Date ClosedOpen
JudgeJudge P. Kevin Castel
PlaintiffState of New York by the Attorney General of the State of New York
Case DescriptionThe Attorney General of the State of New York submitted a FOIA request to the Department of Labor for records concerning the Payroll Audit Independent Determination Program. The agency acknowledged receipt of the request. The Attorney General contacted the agency to check the status of the request on several occasions, but after hearing nothing further from the agency, the Attorney General of New York filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-08-061COMPLAINT against United States Department of Labor. (Filing Fee $ 400.00, Receipt Number 0208-15411160)Document filed by State of New York. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Saxena, Mayur) (Entered: 08/06/2018)
2018-08-062CIVIL COVER SHEET filed. (Saxena, Mayur) (Entered: 08/06/2018)
2018-08-063REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Labor, re: 1 Complaint. Document filed by State of New York. (Saxena, Mayur) (Entered: 08/06/2018)
2018-08-064NOTICE OF CHANGE OF ADDRESS by Mayur Saxena on behalf of State of New York. New Address: New York State Office of the Attorney General, 28 Liberty Street, 15th Floor, New York, New York, United States 10005, 212-416-6493. (Saxena, Mayur) (Entered: 08/06/2018)
2018-08-07CASE 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 . (pc) (Entered: 08/07/2018)
2018-08-07Magistrate Judge Stewart D. Aaron 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 . (pc) (Entered: 08/07/2018)
2018-08-07Case Designated ECF. (pc) (Entered: 08/07/2018)
2018-08-075ELECTRONIC SUMMONS ISSUED as to United States Department of Labor. (pc) (Entered: 08/07/2018)
2018-08-296AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Labor served on 8/20/2018, answer due 9/19/2018. Service was accepted by Lisa Ahearn, Civil Clerk. Document filed by State of New York. (Attachments: # 1 Affidavit Affidavit of Service)(Saxena, Mayur) (Entered: 08/29/2018)
2018-08-317ORDER: Initial Conference set for 10/12/2018 at 11:00 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan; and as further set forth in this Order. 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. (Signed by Judge Richard J. Sullivan on 8/31/2018) (anc) (Entered: 08/31/2018)
2018-09-078CERTIFICATE OF SERVICE of Order served on United States Department of Labor on 9/6/2018. Service was made by Mail. Document filed by State of New York. (Saxena, Mayur) (Entered: 09/07/2018)
2018-09-099ORDER: IT IS HEREBY ORDERED THAT the initial conference, previously scheduled for October 12, 2018 at 11:00 a.m., is adjourned to November 2, 2018 at 10:45 a.m. IT IS FURTHER ORDERED THAT the parties' joint letter, and proposed case management plan and scheduling order, shall be filed by October 25, 2018. SO ORDERED. (Initial Conference set for 11/2/2018 at 10:45 AM before Judge Richard J. Sullivan). (Signed by Judge Richard J. Sullivan on 9/9/2018) (rjm) (Entered: 09/10/2018)
2018-09-1710ANSWER to 1 Complaint. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 09/17/2018)
2018-10-1611NOTICE OF APPEARANCE by Julie Rivchin Ulmet on behalf of State of New York. (Ulmet, Julie) (Entered: 10/16/2018)
2018-10-25NOTICE OF CASE REASSIGNMENT to Judge P. Kevin Castel. Judge Richard J. Sullivan is no longer assigned to the case. (sjo) (Entered: 10/25/2018)
2018-11-0212ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/9/2018 at 11:30 AM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel, as further set forth in this order. (Signed by Judge P. Kevin Castel on 11/2/2018) (jwh) (Entered: 11/02/2018)
2018-11-0213LETTER addressed to Judge P. Kevin Castel from Emily Bretz dated November 2, 2018 re: Initial Conference. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 11/02/2018)
2018-11-09Minute Entry for proceedings held before Judge P. Kevin Castel: Initial Pretrial Conference held on 11/9/2018. See, Order Following Pretrial Conference. (Nacanther, Florence) (Entered: 11/09/2018)
2018-11-0914ORDER FOLLOWING PRETRIAL CONFERENCE: 1. The pace of productions must increase. The Court is prepared, if necessary, to impose a schedule on the DOL and impose the full range of sanctions for non-compliance with such a schedule. The Court expects a demonstration that DOL has produced the vast amount of the requested material by December 28, 2018. 2. The parties are directed to discuss further narrowing of search terms and also any prioritization of production. 3. The government shall report in writing by January 10, 2019. (Signed by Judge P. Kevin Castel on 11/9/2018) (jwh) (Entered: 11/09/2018)
2018-12-2715STANDING ORDER M10-468 The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (cf) (Entered: 01/07/2019)
2018-12-27Case Stayed (cf) (Entered: 01/14/2019)
2019-01-2916STATUS REPORT. Document filed by United States Department of Labor.(Bretz, Emily) (Entered: 01/29/2019)
2019-01-3117NOTICE OF APPEARANCE by Kevin M. Lynch on behalf of State of New York. (Lynch, Kevin) (Entered: 01/31/2019)
2019-02-0418LETTER addressed to Judge P. Kevin Castel from Kevin M. Lynch dated 02/04/19 re: USDOL Status Report. Document filed by State of New York.(Lynch, Kevin) (Entered: 02/04/2019)
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by FOIA Project Staff
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