| Date Filed | Doc # | Docket Text |
|
| 2019-02-20 | 1 | FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick M Shanahan. (Filing Fee $ 400.00, Receipt Number ANYSDC-16373833)Document filed by The Innocence Project, Inc.. (Attachments: # 1 Exhibit A-FOIA Request, # 2 Exhibit B-DHA email on 4/20/18, # 3 Exhibit C-DHA email on 6/26/18, # 4 Exhibit D-Innocence Project letter of 2/13/19, # 5 Exhibit E-DHA response of 2/14/19, # 6 Exhibit F-Innocence Project letter on 2/18/19)(Manes, Jonathan) Modified on 2/21/2019 (jgo). (Entered: 02/20/2019) |
| 2019-02-20 | 2 | CIVIL COVER SHEET filed. (Manes, Jonathan) (Entered: 02/20/2019) |
| 2019-02-20 | 3 | FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to National Museum of Health and Medicine; Defense Health Agency; Department of Defense; Laura Cutter; David Shackelford; Adrianne Noe; Raquel Bono; Patrick Shanahan, re: 1 Complaint,,. Document filed by The Innocence Project, Inc.. (Attachments: # 1 Defense Health Agency, # 2 Department of Defense, # 3 Laura Cutter, # 4 David Shackelford, # 5 Adrianne Noe, # 6 Raquel Bono, # 7 Patrick Shanahan)(Manes, Jonathan) Modified on 2/21/2019 (jgo). (Entered: 02/20/2019) |
| 2019-02-20 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 02/20/2019) |
| 2019-02-21 | | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Jonathan Matthew Manes. The party information for the following party/parties has been modified: Laura Cutter; David Shackelford; Adrianne Noe; Raquel Bono; Patrick Shanahan. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error; party text was omitted;. (jgo) (Entered: 02/21/2019) |
| 2019-02-21 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Jonathan Matthew Manes to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): due to party modification, the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type 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. (jgo) (Entered: 02/21/2019) |
| 2019-02-21 | | ***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Jonathan Matthew Manes. The following case opening statistical information was erroneously selected/entered: Cause of Action code 05:551;. The following correction(s) have been made to your case entry: the Cause of Action code has been modified to 05:552;. (jgo) (Entered: 02/21/2019) |
| 2019-02-21 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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 . (jgo) (Entered: 02/21/2019) |
| 2019-02-21 | | Magistrate Judge Barbara C. Moses 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 . (jgo) (Entered: 02/21/2019) |
| 2019-02-21 | | Case Designated ECF. (jgo) (Entered: 02/21/2019) |
| 2019-02-21 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Jonathan Matthew Manes to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): each Request for Issuance of Summons must be filed separately OR one PDF may be used with a 'rider' attached;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 02/21/2019) |
| 2019-03-05 | 5 | NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on Friday, July 19, 2019 at 3:30pm in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) SO ORDERED. Initial Conference set for 7/19/2019 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/5/2019) (kv) (Entered: 03/05/2019) |
| 2019-03-06 | 6 | COMPLAINT against Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. Document filed by The Innocence Project, Inc.. (Attachments: # 1 Exhibit Exhibit A - FOIA Request, # 2 Exhibit Exhibit B - DHA Email on 4/20/18, # 3 Exhibit Exhibit C - DHA Email on 6/26/18, # 4 Exhibit Exhibit D - Innocence Project letter of 2/13/19, # 5 Exhibit Exhibit E - DHA Response of 2/14/19, # 6 Exhibit Exhibit F - Innocence Project Letter on 2/18/19)(Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 7 | REQUEST FOR ISSUANCE OF SUMMONS as to National Museum of Health and Medicine, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 8 | REQUEST FOR ISSUANCE OF SUMMONS as to Defense Health Agency, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 9 | REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 10 | REQUEST FOR ISSUANCE OF SUMMONS as to Laura Cutter, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 11 | REQUEST FOR ISSUANCE OF SUMMONS as to David Shackelford, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 12 | REQUEST FOR ISSUANCE OF SUMMONS as to Adrianne Noe, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 13 | REQUEST FOR ISSUANCE OF SUMMONS as to Raquel Bono, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-06 | 14 | REQUEST FOR ISSUANCE OF SUMMONS as to Patrick Shanahan, re: 6 Complaint,,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 03/06/2019) |
| 2019-03-07 | 15 | ELECTRONIC SUMMONS ISSUED as to National Museum of Health and Medicine. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 16 | ELECTRONIC SUMMONS ISSUED as to Defense Health Agency. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 17 | ELECTRONIC SUMMONS ISSUED as to Department of Defense. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 18 | ELECTRONIC SUMMONS ISSUED as to Laura Cutter. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 19 | ELECTRONIC SUMMONS ISSUED as to David Shackelford. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 20 | ELECTRONIC SUMMONS ISSUED as to Adrianne Noe. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 21 | ELECTRONIC SUMMONS ISSUED as to Raquel Bono. (dnh) (Entered: 03/07/2019) |
| 2019-03-07 | 22 | ELECTRONIC SUMMONS ISSUED as to Patrick Shanahan. (dnh) (Entered: 03/07/2019) |
| 2019-03-11 | 23 | ORDER: Due to the Court's calendar, the initial pretrial conference currently scheduled for Friday, July 19, 2019 at 3:30 p.m. is hereby rescheduled to Friday, July 26, 2019 at 3:15 p.m. Initial Conference set for 7/26/2019 at 03:15 PM before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 3/11/2019) (kv) (Entered: 03/11/2019) |
| 2019-04-03 | 24 | AFFIDAVIT OF SERVICE. Raquel Bono served on 3/15/2019, answer due 4/5/2019; Laura Cutter served on 3/15/2019, answer due 4/5/2019; Defense Health Agency served on 3/15/2019, answer due 4/5/2019; Department of Defense served on 3/15/2019, answer due 4/5/2019; National Museum of Health and Medicine served on 3/15/2019, answer due 4/5/2019; Adrianne Noe served on 3/15/2019, answer due 4/5/2019; David Shackelford served on 3/15/2019, answer due 4/5/2019; Patrick Shanahan served on 3/15/2019, answer due 4/5/2019. Service was made by Mail. Document filed by The Innocence Project, Inc.. (Attachments: # 1 Exhibit A - Proof of Summons -Receipts of Registered Mail)(Manes, Jonathan) (Entered: 04/03/2019) |
| 2019-04-18 | 25 | NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. (Sun, Anthony) (Entered: 04/18/2019) |
| 2019-04-19 | 26 | LETTER MOTION for Extension of Time to File Answer re: 6 Complaint,, addressed to Judge Alison J. Nathan from AUSA Anthony J. Sun dated 4/19/2019. Document filed by Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan.(Sun, Anthony) (Entered: 04/19/2019) |
| 2019-04-19 | 27 | ORDER granting 26 Letter Motion for Extension of Time to Answer re 6 Complaint. SO ORDERED. Raquel Bono answer due 5/22/2019; Laura Cutter answer due 5/22/2019; Defense Health Agency answer due 5/22/2019; Department of Defense answer due 5/22/2019; National Museum of Health and Medicine answer due 5/22/2019; Adrianne Noe answer due 5/22/2019; David Shackelford answer due 5/22/2019; Patrick Shanahan answer due 5/22/2019 (Signed by Judge Alison J. Nathan on 4/19/2019) (kv) (Entered: 04/19/2019) |
| 2019-05-21 | 28 | CONSENT MOTION for Extension of Time to File Answer re: 6 Complaint,, . Document filed by Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan.(Sun, Anthony) (Entered: 05/21/2019) |
| 2019-05-23 | 29 | ORDER granting 28 Letter Motion for Extension of Time to Answer re 6 Complaint. SO ORDERED. Raquel Bono answer due 6/21/2019; Laura Cutter answer due 6/21/2019; Defense Health Agency answer due 6/21/2019; Department of Defense answer due 6/21/2019; National Museum of Health and Medicine answer due 6/21/2019; Adrianne Noe answer due 6/21/2019; David Shackelford answer due 6/21/2019; Patrick Shanahan answer due 6/21/2019. (Signed by Judge Alison J. Nathan on 5/22/2019) (kv) (Entered: 05/23/2019) |
| 2019-06-20 | 30 | CONSENT LETTER MOTION for Extension of Time to File Answer re: 6 Complaint,, addressed to Judge Alison J. Nathan from AUSA Anthony J. Sun dated 6/20/2019. Document filed by Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan.(Sun, Anthony) (Entered: 06/20/2019) |
| 2019-06-21 | 31 | ORDER granting 30 Letter Motion for Extension of Time to Answer re 6 Complaint. No further extensions. SO ORDERED. Raquel Bono answer due 7/8/2019; Laura Cutter answer due 7/8/2019; Defense Health Agency answer due 7/8/2019; Department of Defense answer due 7/8/2019; National Museum of Health and Medicine answer due 7/8/2019; Adrianne Noe answer due 7/8/2019; David Shackelford answer due 7/8/2019; Patrick Shanahan answer due 7/8/2019. (Signed by Judge Alison J. Nathan on 6/20/2019) (kv) (Entered: 06/21/2019) |
| 2019-07-08 | 32 | ANSWER to 6 Complaint,,. Document filed by Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan.(Sun, Anthony) (Entered: 07/08/2019) |
| 2019-07-19 | 33 | JOINT LETTER addressed to Judge Alison J. Nathan from AUSA Anthony J. Sun dated 7/19/2019 re: letter re Initial Pretrial Conference and proposed order. Document filed by Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. (Attachments: # 1 Text of Proposed Order)(Sun, Anthony) (Entered: 07/19/2019) |
| 2019-07-24 | 34 | NOTICE of Law Student Intern Appearance Form. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 07/24/2019) |
| 2019-07-25 | 35 | MEMO ENDORSEMENT on re: 33 Letter, filed by Defense Health Agency, Department of Defense, Raquel Bono, Laura Cutter, Adrianne Noe, Patrick Shanahan, National Museum of Health and Medicine, David Shackelford. ENDORSEMENT: The initial pretrial conference previously scheduled for July 26, 2019 is hereby adjourned sine die. By September 30, 2019, the parties shall file a statusupdate concerning next steps in this matter. (Signed by Judge Alison J. Nathan on 7/25/2019) (cf) (Entered: 07/25/2019) |
| 2019-07-25 | | ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (cf) (Entered: 07/25/2019) |
| 2019-07-25 | 36 | PRIVACY ACT ORDER AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material... (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 7/25/2019) (cf) (Entered: 07/25/2019) |
| 2019-10-15 | 37 | ORDER re: 35 Memo Endorsement. According to the Court's Order dated July 25, 2019, a status update was due by September 30, 2019. Dkt. No. 35. As of the date of this Order, the Court is not in receipt of this status update. The parties are hereby ordered to submit the status update by October 21, 2019. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/15/2019) (kv) (Entered: 10/15/2019) |
| 2019-10-16 | 38 | MEMO ENDORSEMENT ON LAW STUDENT INTERN APPEARANCE FORM: ENDORSEMENT: I certify that this student: John S. Zakour (a) has completed at least two semesters of law school work and is a participant in an approved clinical program;(b) is qualified, to the best of my knowledge, to provide the legal representation permitted by this rule. So Ordered (Signed by Judge Alison J. Nathan on 10/15/2019) (js) (Entered: 10/16/2019) |
| 2019-10-17 | 39 | STATUS REPORT. Joint Status Report and Plaintiff's Unopposed Request for an Order Authorizing Disclosure of One Document Subject to the Protective Order Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 10/17/2019) |
| 2019-10-17 | 40 | PROPOSED ORDER. Document filed by The Innocence Project, Inc.. Related Document Number: 39 . (Manes, Jonathan) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 10/17/2019) |
| 2019-10-17 | 41 | LETTER addressed to Judge Alison J. Nathan from AUSA Anthony J. Sun dated 10/17/2019 re: Plaintiff's request for an order from the Court. Document filed by Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan.(Sun, Anthony) (Entered: 10/17/2019) |
| 2019-10-17 | | ***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 40 Proposed Order was reviewed and approved as to form. (dt) (Entered: 10/17/2019) |
| 2019-10-21 | 42 | ORDER: The parties are hereby ordered to show cause why the Court should not grant an order that only allows Plaintiff to file the document in question under seal in its client's state post-conviction proceeding. This order would not prevent the court in the state post-conviction proceeding from ordering further disclosure of the document. The parties shall submit a joint filing by October 28, 2019. To the extent the parties have different views on this matter, they may supplement the joint filing with letter submissions. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/21/2019) (kv) (Entered: 10/21/2019) |
| 2019-10-28 | 43 | JOINT LETTER addressed to Judge Alison J. Nathan from Jonathan Manes dated 10/28/19 re: Court Order to Show Cause from 10/21. Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 10/28/2019) |
| 2019-10-28 | 44 | LETTER MOTION to Seal Document 43 Letter addressed to Judge Alison J. Nathan from Jonathan Manes dated 10/28/19. Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 10/28/2019) |
| 2019-10-31 | 45 | ORDER granting in part 44 LETTER MOTION to Seal Document 43 Letter. Plaintiffs sealing requests, Dkt. No. 44, are granted, with the exception of Exhibit D. That exhibit consists solely of the bylaws of the American Academy of Forensic Science. The Court sees no reason why this document should be filed under seal. (And as further set forth herein.) SO ORDERED. (Signed by Judge Alison J. Nathan on 10/31/2019) (jca) Transmission to Sealed Records Clerk for processing. (Entered: 10/31/2019) |
| 2019-11-05 | 46 | NOTICE of Filing Unsealed Exhibit D to Declaration of M. Chris Fabricant re: 45 Order on Motion to Seal Document,. Document filed by The Innocence Project, Inc.. (Manes, Jonathan) (Entered: 11/05/2019) |
| 2019-12-04 | 47 | ORDER re: 45 Order on Motion to Seal Document. Pursuant to the Court's Order of October 31, 2019, Dkt. No. 45, Plaintiff was to serve all relevant documents from this proceeding on both the author and the subject of the document in question, and file proof of service with the Court. As of the date of this Order, the Court is not receipt of proof of service on these individuals. Plaintiff is hereby ordered to file proof of service with the Court within one week of the date of this Order. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/3/2019) (kv) (Entered: 12/04/2019) |
| 2019-12-10 | 48 | LETTER MOTION for Extension of Time to File Proofs of Service addressed to Judge Alison J. Nathan from Jonathan Manes dated 12/10/2019. Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 12/10/2019) |
| 2019-12-12 | 49 | ORDER granting 48 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/11/2019) (va) (Entered: 12/12/2019) |
| 2019-12-12 | | Set/Reset Deadlines: Service due by 12/20/2019. (va) (Entered: 12/19/2019) |
| 2019-12-21 | 50 | LETTER MOTION to Seal Document 49 Order on Motion for Extension of Time to File, 47 Order,, addressed to Judge Alison J. Nathan from Jonathan Manes dated Dec. 21, 2019., LETTER MOTION for Extension of Time to File and to Excuse Late Filing addressed to Judge Alison J. Nathan from Jonathan Manes dated Dec. 21, 2019. Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 12/21/2019) |
| 2019-12-23 | 51 | ORDER granting 50 Motion to Seal Document 50 LETTER MOTION to Seal Document 49 Order on Motion for Extension of Time to File, 47 Order,, addressed to Judge Alison J. Nathan from Jonathan Manes dated Dec. 21, 2019. LETTER MOTION for Extension of Time to File and to Excuse Late Filing addressed to Judge Alison J. Nathan from Jonathan Manes dated Dec. 21, 2019. ; granting 50 Letter Motion for Extension of Time to File. The Court previously ordered Plaintiff to give notice to the author and subject of a particular document, which may be subject to the Privacy Act, that Plaintiff seeks unrestricted disclosure of the document. Dkt. No. 45. On December 20, 2019, the Court received a letter from the author of the document, asking for an extension of time to obtain counsel and oppose unrestricted disclosure of the document. The Court hereby extends the author's time to file briefing opposing disclosure of the document to January 31, 2020. The Court further orders that the letter it received be filed under seal. Chambers will mail a copy of this Order to the author of the document. SO ORDERED. (Signed by Judge Alison J. Nathan on 12/23/2019) Copies Mailed By Chambers. (kv) Transmission to Sealed Records Clerk for processing. (Entered: 12/23/2019) |
| 2019-12-23 | 52 | MEMO ENDORSEMENT on re: 50 LETTER MOTION to Seal Document 49 Order on Motion for Extension of Time to File, 47 Order,, addressed to Judge Alison J. Nathan from Jonathan Manes dated Dec. 21, 2019. LETTER MOTION for Extension of Time to File and to Excuse Late Filing addressed to Judge Alison J. Nathan from Jonathan Manes dated Dec. 21, 2019. filed by The Innocence Project, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 12/23/2019) (kv) (Entered: 12/23/2019) |
| 2020-01-17 | 53 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc..(Manes, Jonathan) (Entered: 01/17/2020) |
| 2020-01-21 | 54 | NOTICE OF CHANGE OF ADDRESS by Jonathan Matthew Manes on behalf of The Innocence Project, Inc.. New Address: MacArthur Justice Center, 160 E Grand Ave, 6th Floor, Chicago, IL, USA 60611, (312) 503-0012. (Manes, Jonathan) (Entered: 01/21/2020) |
| 2020-01-22 | 55 | MEMO ENDORSEMENT on re: 53 Status Report filed by The Innocence Project, Inc.. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/21/2020) (kv) (Entered: 01/22/2020) |
| 2020-01-22 | 56 | SEALED DOCUMENT placed in vault.(mhe) (Entered: 01/23/2020) |
| 2020-01-31 | 57 | ORDER re: 45 Order on Motion to Seal Document. The Court previously ordered Plaintiff to give notice to the author and subject of a particular document, which may be subject to the Privacy Act, that Plaintiff seeks unrestricted disclosure of the document. Dkt. No. 45. The Court has now received a letter from the author of the document opposing its unrestricted disclosure. This letter will be filed under seal. Pursuant to the Court's Order of October 31, 2019, Plaintiff has until February 7, 2020 to file Reply briefing. Dkt. No. 45. Chambers will mail a copy of this Order to the author of the document. SO ORDERED. (Reply to Response to Brief due by 2/7/2020.) (Signed by Judge Alison J. Nathan on 1/31/2020) Copies Mailed By Chambers. (kv) (Entered: 01/31/2020) |
| 2020-01-31 | 58 | NOTICE of of Filing re: 45 Order on Motion to Seal Document,. Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 01/31/2020) |
| 2020-01-31 | 59 | LETTER MOTION to Seal Document 58 Notice (Other) addressed to Judge Alison J. Nathan from Jonathan Manes dated January 31, 2020. Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 01/31/2020) |
| 2020-02-03 | 60 | ORDER granting 59 Motion to Seal Document. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/3/2020) (ks) (Entered: 02/03/2020) |
| 2020-02-07 | 61 | LETTER MOTION to Seal Document regarding Plaintiff's Response in Further Support of an Order Permitting Disclosure of a Particular Document addressed to Judge Alison J. Nathan from Jonathan Manes dated February 7, 2020. Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 02/07/2020) |
| 2020-02-07 | 62 | ***SELECTED PARTIES*** RESPONSE in Support of Motion re: 61 LETTER MOTION to Seal Document regarding Plaintiff's Response in Further Support of an Order Permitting Disclosure of a Particular Document addressed to Judge Alison J. Nathan from Jonathan Manes dated February 7, 2020. . Document filed by The Innocence Project, Inc., Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. (Attachments: # 1 Exhibit A (related judicial decision))Motion or Order to File Under Seal: 61 .(Manes, Jonathan) (Entered: 02/07/2020) |
| 2020-02-07 | 63 | ***SELECTED PARTIES***DECLARATION of Jonathan Manes in Support re: 61 LETTER MOTION to Seal Document regarding Plaintiff's Response in Further Support of an Order Permitting Disclosure of a Particular Document addressed to Judge Alison J. Nathan from Jonathan Manes dated February 7, 2020.. Document filed by The Innocence Project, Inc., Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. Motion or Order to File Under Seal: 61 .(Manes, Jonathan) (Entered: 02/07/2020) |
| 2020-02-11 | 64 | ORDER granting 61 Letter Motion to Seal Document. So Ordered. (Signed by Judge Alison J. Nathan on 2/11/20) (yv) (Entered: 02/11/2020) |
| 2020-03-31 | 65 | ORDER: According to the Court's Order dated January 21, 2020, a status update was due by March 17, 2020. Dkt. No. 55. As of the date of this Order, the Court is not in receipt of this status update. The parties are hereby ordered to submit the status update by April 7, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 3/31/2020) (rro) (Entered: 03/31/2020) |
| 2020-04-06 | 66 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 04/06/2020) |
| 2020-04-07 | 67 | MEMO ENDORSEMENT on re: 66 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: The parties are hereby ordered to provide a status update on or before July 7, 2020. (Signed by Judge Alison J. Nathan on 4/7/2020) (jwh) (Entered: 04/07/2020) |
| 2020-07-07 | 68 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 07/07/2020) |
| 2020-07-15 | 69 | MEMO ENDORSEMENT on re: 68 JOINT STATUS REPORT filed by The Innocence Project, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 7/15/2020) (rjm) (Entered: 07/15/2020) |
| 2020-10-09 | 70 | CONSENT LETTER MOTION to Seal Joint Status Report and Certificate of Service addressed to Judge Alison J. Nathan from Jonathan Manes dated October 9, 2020. Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 10/09/2020) |
| 2020-10-09 | 71 | ***SELECTED PARTIES***STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc., Raquel Bono, Laura Cutter, Defense Health Agency, Department of Defense, National Museum of Health and Medicine, Adrianne Noe, David Shackelford, Patrick Shanahan. (Attachments: # 1 Certificate of Service)Motion or Order to File Under Seal: 70 .(Manes, Jonathan) (Entered: 10/09/2020) |
| 2020-10-09 | 72 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc.. (Attachments: # 1 Certificate of Service).(Manes, Jonathan) (Entered: 10/09/2020) |
| 2020-10-14 | 73 | MEMO ENDORSEMENT: granting 70 Motion to Seal. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 10/14/2020) (ama) (Entered: 10/14/2020) |
| 2020-10-14 | 74 | MEMO ENDORSEMENT: on re: 72 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: The parties shall submit another joint status report by January 8, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/14/2020) (ama) (Entered: 10/14/2020) |
| 2021-01-09 | 75 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 01/09/2021) |
| 2021-01-09 | 76 | LETTER MOTION for Extension of Time to File Joint Status Report (nunc pro tunc) addressed to Judge Alison J. Nathan from Jonathan Manes dated January 9, 2021. Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 01/09/2021) |
| 2021-01-11 | 77 | ORDER granting 76 Letter Motion for Extension of Time to File. The request for an extension of time to file the status report nunc pro tunc is GRANTED. The parties shall file a further status report on or before April 9, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/11/21) (yv) (Entered: 01/11/2021) |
| 2021-01-29 | | ***DELETED DOCUMENT. Deleted document number 78 LETTER. The document was deleted as per J. Nathan's Chambers. (kgo) (Entered: 01/29/2021) |
| 2021-02-03 | 78 | ORDER: On January 29, 2021, the Court's Pro Se Intake Unit received and docketed a letter, formerly Dkt. No. 78, disclosing the identity of an individual that the Court had previously ordered be protected. See Dkt. No. 57. The Court has removed the docket entry, and the letter will be filed under seal. If the individual who filed the letter formerly docketed at Dkt. No. 78 wishes to file any further letters in this case, they should be prominently marked To Be Filed Under Seal. The Plaintiff shall serve a copy of this Order on the individual who filed the letter formerly docketed at Dkt. No. 78 at the email address identified in that letter. (Signed by Judge Alison J. Nathan on 2/3/2021) (nb) (Entered: 02/03/2021) |
| 2021-02-03 | 79 | SEALED DOCUMENT placed in vault..(nmo) (Entered: 02/04/2021) |
| 2021-04-09 | 80 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 04/09/2021) |
| 2021-04-20 | 81 | MEMO ENDORSEMENT: on re: 80 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/20/2021) (ama) (Entered: 04/20/2021) |
| 2021-07-09 | 82 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 07/09/2021) |
| 2021-07-15 | 83 | MEMO ENDORSEMENT on re: 82 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 7/15/2021) (vfr) (Entered: 07/15/2021) |
| 2021-10-11 | 84 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 10/11/2021) |
| 2021-10-13 | 85 | MEMO ENDORSEMENT on re: 84 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 10/13/2021) (jca) (Entered: 10/13/2021) |
| 2022-01-07 | 86 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 01/07/2022) |
| 2022-01-10 | 87 | MEMO ENDORSEMENT on re: 86 Status Report filed by The Innocence Project, Inc.. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/10/2022) (kv) (Entered: 01/10/2022) |
| 2022-02-11 | 88 | MEMORANDUM AND OPINION AND ORDER: For the reasons above, the Court finds good cause for disclosure of the report and therefore GRANTS Plaintiffs request. The Court hereby orders: To the extent that the document dated April 3, 2006, identified by Plaintiff is subject to the Privacy Act, Defendants shall produce the document to Plaintiff pursuant to 5 U.S.C. § 552a(b)(11) and the produced copy shall not be subject to the Privacy Act Order and Protective Order entered in this case. The parties' next joint status update is due by April 8, 2022. Dkt. No. 87. So Ordered. (Signed by Judge Alison J. Nathan on 2/11/2022) (js) (Entered: 02/14/2022) |
| 2022-04-08 | 89 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 04/08/2022) |
| 2022-04-11 | | NOTICE OF CASE REASSIGNMENT to Judge Lewis J. Liman. Judge Alison J. Nathan is no longer assigned to the case. (vba) (Entered: 04/11/2022) |
| 2022-08-03 | 90 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 08/03/2022) |
| 2022-08-04 | 91 | MEMO ENDORSEMENT on re: 90 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: SO ORDERED. (Signed by Judge Lewis J. Liman on 8/4/2022) (va) Modified on 8/17/2022 (va). (Entered: 08/04/2022) |
| 2023-02-06 | 92 | ORDER: Parties informed the Court on August 4, 2022 that they would file a further status report with the Court on November 3, 2022. Dkt. No. 91. No further status report has been filed. The parties are directed to inform the Court by February 13, 2023 whether this case should be closed or to provide a further status update. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mcf) (Entered: 02/06/2023) |
| 2023-02-10 | 93 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 02/10/2023) |
| 2023-02-13 | 94 | MEMO ENDORSEMENT on re: 93 Status Report filed by The Innocence Project, Inc. ENDORSEMENT: The request is GRANTED. The parties shall file a stipulation of voluntary dismissal by March 3, 2023 or else file a joint status report by the same date. Plaintiffs shall file any motion to unseal by February 17, 2023. SO ORDERED. ( Motions due by 2/17/2023.) (Signed by Judge Lewis J. Liman on 2/13/2023) (va) (Entered: 02/13/2023) |
| 2023-02-17 | 95 | MOTION to Unseal Court Filings (Unopposed) . Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 02/17/2023) |
| 2023-02-17 | 96 | MEMORANDUM OF LAW in Support re: 95 MOTION to Unseal Court Filings (Unopposed) . . Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 02/17/2023) |
| 2023-03-03 | 97 | STATUS REPORT. (Joint) Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 03/03/2023) |
| 2023-03-06 | 98 | PROPOSED STIPULATION AND ORDER. Document filed by The Innocence Project, Inc...(Manes, Jonathan) (Entered: 03/06/2023) |
| 2023-03-07 | 99 | STIPULATION AND ORDER OF VOLUNTARY DISMISSAL AND MODIFICATION OF PROTECTIVE ORDER: 1. Subject to the Court's entry of the stipulated orders in paragraphs 2 and 3 below, it is hereby stipulated and agreed by and between the parties and/or their respective counsel that the above-captioned action is voluntarily dismissed, with prejudice against all Defendants pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii). 2. The parties stipulate and agree that this dismissal does not operate to divest the Court of jurisdiction to adjudicate Plaintiff's pending unopposed motion to unseal court filings. See ECF No. 95; Gambale v. Deutsche Bank AG, 377 F.3d 133, 142 (2d Cir. 2004). 3. With regard to the Privacy Act Order and Protective Order (the "Protective Order") entered in this case on July 25, 2019, ECF No. 36, all provisions of the Protective Order shall remain in effect after dismissal of this action, and this Court shall retain jurisdiction over matters arising out of the Protective Order, except that the provisions of paragraph 15 of the Protective Order shall not apply to the Qualified Persons identified in paragraph 7.ii of the Protective Order. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/6/2023) (va) (Entered: 03/07/2023) |
| 2023-03-07 | | ***Civil Case Terminated.*** (va) (Entered: 03/07/2023) |
| 2023-03-09 | 100 | ORDER: This Court grants Plaintiff's request. The documents filed under seal in this case are subject to the common law right of access as they were "relevant to the performance of thejudicial functions and useful in the judicial process." Lugosch v. Pyramid Co. of Onondaga, 435 F.3d 110, 119 (2d Cir. 2006) (citation omitted). They were submitted to the Court to determine whether the Privacy Act governed materials from the archive maintained at the National Museum of Health and Medicine and, if so, whether the Court should nevertheless order disclosure of the report under the provision of that statute that authorizes disclosure pursuant to court order. ECF No. 88; 5 U.S.C. § 552a(b)(11). These documents were also used to determine Plaintiff's substantive legal rights to the report and so a strong presumption of access attaches. Lugosch, 435 F.3d at 119. There are also no higher values that counsel against disclosure, as the report is now public and so any countervailing interests favoring privacy are minimal. The Clerk of Court is respectfully directed to place all previously sealed filings in this case on the public docket. SO ORDERED. (Signed by Judge Lewis J. Liman on 3/9/2023) (va) (Entered: 03/09/2023) |
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