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Case TitleImmerso v. United States Department of Labor
DistrictEastern District of New York
CityBrooklyn
Case Number1:2019cv03777
Date Filed2019-06-28
Date ClosedOpen
JudgeJudge Nicholas G. Garaufis
PlaintiffSandra Immerso
Case DescriptionSandra Immerso submitted a FOIA request to the Department of Labor for records concerning two emails from DynCorp International employees Darin Powers and Robert Huber pertaining a Defense Base Act complaint. The agency acknowledged receipt of the requests and denied them under Exemption 4 (confidential business information). Immerso argued that a DOL attorney had provided evidence that the emails did not qualify for coverage under the attorney-client privilege. She filed an administrative appeal of the two denials but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Labor
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [52]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-281COMPLAINT against United States Department of Labor filing fee $ 400, receipt number ANYEDC-11619414 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Sandra Immerso. (Attachments: # 1 Exhibit 1 Huber's email, # 2 Exhibit 2 DI's Letter 10/28/2015, # 3 Exhibit 3 DI's BRB filing 1/16/2018, # 4 Exhibit 4 Huber's Declaration 8/15/2017, # 5 Civil Cover Sheet) (Jordan, Jack) (Entered: 06/28/2019)
2019-06-282Proposed Summons.Civil Cover Sheet.. Re 1 Complaint, by Sandra Immerso (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons) (Jordan, Jack) (Entered: 06/28/2019)
2019-06-28Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. 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: 07/01/2019)
2019-06-283Summons Issued as to United States Department of Labor, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 07/01/2019)
2019-07-014In 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: 07/01/2019)
2019-07-015This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 07/01/2019)
2019-08-076Letter to Honorable Nicholas G. Garaufis requesting a pre-motion conference by United States Department of Labor (Mahoney, Kathleen) (Entered: 08/07/2019)
2019-08-077MEMORANDUM in Opposition re 6 Letter by DOL Requesting Conference and Extension filed by Sandra Immerso. (Attachments: # 1 Exhibit 131 citations prohibiting inferences) (Jordan, Jack) (Entered: 08/07/2019)
2019-08-078SUMMONS Returned Executed by Sandra Immerso. United States Department of Labor served on 7/1/2019, answer due 7/22/2019. (Attachments: # 1 Exhibit Summons returned executed in FOIA case as to U.S. Attorney, # 2 Affidavit of Service U.S. Attorney General, # 3 Exhibit Summons returned executed as to U.S. Attorney General, # 4 Affidavit of Service Solicitor of Labor, # 5 Exhibit Summons returned executed as to Federal Defendant) (Jordan, Jack) (Entered: 08/07/2019)
2019-08-08ORDER re: Defendant's 6 Application for a Pre-Motion Conference: The Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Defendant's deadline to answer the Complaint is extended until fourteen days following the entry of the order deciding Defendant's anticipated motion. Ordered by Judge Nicholas G. Garaufis on 8/8/2019. (Davis, Eleanor) (Entered: 08/08/2019)
2019-08-089NOTICE of Appearance by Kathleen Anne Mahoney on behalf of United States Department of Labor (aty to be noticed) (Mahoney, Kathleen) (Entered: 08/08/2019)
2019-08-0810MOTION for Reconsideration of Minute Order 8/8/2019 by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 08/08/2019)
2019-08-16ORDER re: Plaintiff's 10 Motion for Reconsideration: The Motion is DENIED. The pre-motion conference shall be held at 10:00 am on Thursday, August 29, 2019 in Room 4D South. Ordered by Judge Nicholas G. Garaufis on 8/16/2019. (Olds, Edward) (Entered: 08/16/2019)
2019-08-1611Letter MOTION to Adjourn Conference due to counsel's unavailability by United States Department of Labor. (Mahoney, Kathleen) (Entered: 08/16/2019)
2019-08-1912MOTION for Reconsideration re Scheduling Order, (requiring a conference for the reasons the DOL presented) by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 08/19/2019)
2019-08-20ORDER re: Defendant's 11 Application to Adjourn Pre-Motion Conference and Plaintiff's 12 Motion for Reconsideration: Defendant's 11 Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Plaintiff's 12 motion seeking reconsideration of the court's denial of Plaintiff's 10 first motion for reconsideration is DENIED. Ordered by Judge Nicholas G. Garaufis on 8/19/2019. (Olds, Edward) (Entered: 08/20/2019)
2019-10-04Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 10/3/2019. Counsel for both parties present. The court granted Defendant leave to move to dismiss or, in the alternative, for summary judgment and set the following briefing schedule: Defendant shall serve its motion by no later than November 1, 2019; Plaintiff shall serve her response by no later than November 22, 2019; and Defendant shall serve its reply, if any, and file the fully briefed motion by no later than December 4, 2019. (Court Reporter Anthony Mancuso) (Olds, Edward) (Entered: 10/04/2019)
2019-11-0413Letter to Plaintiff's counsel accompanying Defendant's motion to dismiss or, in the alternative, for summary judgment sent by email on November 1, 2019 by United States Department of Labor (Mahoney, Kathleen) (Entered: 11/04/2019)
2019-11-0414Letter to Plaintiff's counsel enclosing copy of Defendant's motion to dismiss or, in the alternative, for summary judgment sent via FedEx on NoMonday, November 4, 2019 by United States Department of Labor (Mahoney, Kathleen) (Entered: 11/04/2019)
2019-11-1415Letter MOTION for pre motion conference regarding Plaintiff's Summary Judgment Motion by Sandra Immerso. (Jordan, Jack) (Entered: 11/14/2019)
2019-11-1516Letter MOTION for pre motion conference regarding discovery motions by Sandra Immerso. (Jordan, Jack) (Entered: 11/15/2019)
2019-11-25ORDER re: Plaintiff's 15 & 16 Applications for Pre-Motion Conferences. The applications are DENIED. Plaintiff's 15 application for a pre-motion conference for Plaintiff's anticipated motion for summary judgment is DENIED as unnecessary. The parties are DIRECTED to submit a proposed briefing schedule for Plaintiff's anticipated motion by no later than December 4, 2019. Plaintiff's 16 application for a pre-motion conference for her anticipated motions to compel and for discovery sanctions is DENIED. Plaintiff is DIRECTED to raise discovery-related issues with Magistrate Judge Vera M. Scanlon. Ordered by Judge Nicholas G. Garaufis on 11/25/2019. (Olds, Edward) (Entered: 11/25/2019)
2019-12-0217Letter MOTION for Leave to File Document requesting exception to Bundling Rule by Sandra Immerso. (Jordan, Jack) (Entered: 12/02/2019)
2019-12-0218Letter MOTION for Extension of Time to File Proposed Briefing Schedule re: Plaintiff's Motion for Summary Judgment by Sandra Immerso. (Jordan, Jack) (Entered: 12/02/2019)
2019-12-0319RESPONSE in Opposition re 18 Letter MOTION for Extension of Time to File Proposed Briefing Schedule re: Plaintiff's Motion for Summary Judgment filed by United States Department of Labor. (Attachments: # 1 Exhibit Email correspondence) (Mahoney, Kathleen) (Entered: 12/03/2019)
2019-12-0320REPLY in Support re 18 Letter MOTION for Extension of Time to File Proposed Briefing Schedule re: Plaintiff's Motion for Summary Judgment filed by Sandra Immerso. (Jordan, Jack) (Entered: 12/03/2019)
2019-12-03ORDER finding as moot 18 Motion for Extension of Time to File. The briefing schedule for Plaintiff's dispositive motion is as follows: (1) Plaintiff served his motion on 11/25/2019. (2) Defendant's opposition is to be served on or before 12/20/2019. (3) Plaintiff's reply is to be served on or before 1/3/2020. (4) Counsel are to coordinate and conclude the filing of the fully briefed motion on or before 1/7/2020. Plaintiff's Counsel should refrain from making substantive arguments about the dispositive motions in scheduling letters. The request at 18 is moot as the Court has set the briefing schedule. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2019. (Oliner, Daniel) (Entered: 12/03/2019)
2019-12-03ORDER denying 17 Motion for Leave to File. Each Party shall file their own motion papers by 5:00 PM EST. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2019. (Oliner, Daniel) (Entered: 12/03/2019)
2019-12-0421MOTION for Reconsideration re Order on Motion for Extension of Time to File,, by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0422MOTION to Compel release of portions of Powers' email , MOTION for Sanctions by Sandra Immerso. (Attachments: # 1 Declaration Declaration of J, Jordan 12/4/2019, # 2 Exhibit Letter from DOJ 11/4/2019) (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0423Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0424RULE 56.1 STATEMENT re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Defendant's Statement Pursuant to Local Civil Rule 56.1 filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0425MEMORANDUM in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Memorandum of Law in Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0426AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Declaration of Frank Clubb filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0427AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Declaration of Ramona Branch Oliver filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0428RESPONSE in Opposition re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment filed by Sandra Immerso. (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0429AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Declaration of Assistant U.S. Attorney Kathleen A. Mahoney filed by United States Department of Labor. (Attachments: # 1 Exhibit Exhibts A to M, # 2 Exhibit N, # 3 Exhibit O) (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0430RESPONSE in Opposition re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Plaintiff's Memorandum Opposing DOL Motion to Dismiss or for Summary Judgment filed by United States Department of Labor. (Attachments: # 1 Declaration of Jack Jordan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Rule 56.1 Statement) (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0431REPLY in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment; and Defendant's Statement Regarding "Plaintiff's Statement of Uncontroverted Material Facts" filed by United States Department of Labor. (Attachments: # 1 Rule 56.1 Statement) (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0432RULE 56.1 STATEMENT re 28 Response in Opposition to Motion filed by Sandra Immerso. (Attachments: # 1 Declaration of J, Jordan 11/22/2019, # 2 Exhibit 1 Email from Will Imbrie 8/28/2013, # 3 Exhibit 2 Emails from Brian Cox, # 4 Exhibit 3 Letter from Rober Huber 4/8/2014, # 5 Exhibit 4 Letter to DOJ 8/9/2019, # 6 Exhibit 5 Letter to DOJ 11/15/2019, # 7 Exhibit 6 Letter from DOJ 11/4/2019) (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0433Letter to Honorable Nicholas G. Garaufis enclosing courtesy copy of Defendant's fully briefed motion to dismiss or, in the alternative, for summary judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0434Letter to Honorable Nicholas G. Garaufis submitting ex parte for in camera review the unredacted "Powers email" via interoffice mail by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0435Letter regarding courtesy copy of Plaintiff's Dkt 28 and 32 by Sandra Immerso (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0536MOTION for pre motion conference for award of attorney's fees, costs and sanctions by Sandra Immerso. (Jordan, Jack) (Entered: 12/05/2019)
2019-12-0937RESPONSE in Opposition re 22 MOTION to Compel release of portions of Powers' email MOTION for Sanctions filed by United States Department of Labor. (Attachments: # 1 Exhibit Exhibits A and B) (Mahoney, Kathleen) (Entered: 12/09/2019)
2019-12-1238REPLY in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment CORRECTED Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/12/2019)
2019-12-1239Letter to Honorable Nicholas G. Garaufis enclosing courtesy copy of Corrected Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/12/2019)
2019-12-1840RESPONSE in Opposition re 21 MOTION for Reconsideration re Order on Motion for Extension of Time to File,, Defendant's Memorandum of Law in Opposition to Plaintiff's Appeal of Magistrate Judge Scanlon's Scheduling Order dated December 3, 2019 filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/18/2019)
2019-12-2041Letter to Plaintiff's counsel enclosing Defendant's opposition to Plaintiff's motion for summary judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/20/2019)
2020-01-0342MOTION for Summary Judgment by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0343RULE 56.1 STATEMENT re 42 MOTION for Summary Judgment filed by Sandra Immerso. (Attachments: # 1 Declaration Jack Jordan 1/3/2020) (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0344REPLY in Support re 42 MOTION for Summary Judgment filed by Sandra Immerso. (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0345RESPONSE in Opposition re 42 MOTION for Summary Judgment Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 01/03/2020)
2020-01-0346RULE 56.1 STATEMENT re 45 Response in Opposition to Motion Defendant's statement Pursuant to Local Civil Rule 56.1(b) filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 01/03/2020)
2020-01-0347Letter to Honorable Nicholas G. Garaufis enclosing courtesy copies of Defendant's opposition to Plaintiff's motion for summary judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 01/03/2020)
2020-01-0348Letter of transmittal of courtesy copy to the Court by Sandra Immerso (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0849MOTION for Discovery Ruling on Dkt 22 by Sandra Immerso. (Jordan, Jack) (Entered: 01/08/2020)
2020-02-0450Second MOTION for Disclosure of Portions of Powers' email by Sandra Immerso. (Attachments: # 1 Declaration Jack Jordan 2/4/2020) (Jordan, Jack) (Entered: 02/04/2020)
2020-02-0651RESPONSE in Opposition re 50 Second MOTION for Disclosure of Portions of Powers' email filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 02/06/2020)
2020-03-0252ORDER denying 22 Motion to Compel; denying 22 Motion for Sanctions; denying 49 Motion for Discovery; denying 50 Motion for Disclosure. For the reasons stated herein, Plaintiff's motions are denied in their entirety. Plaintiff is reminded that his motions must comply with Federal Civil Procedural Rule 11(b) or else sanctions may be imposed. Ordered by Magistrate Judge Vera M. Scanlon on 3/2/2020. (Chean, Jasmine) (Entered: 03/02/2020)
2020-03-0253MOTION for Reconsideration re 52 Order on Motion for Discovery,, Order on Motion for Disclosure,, Order on Motion to Compel,, Order on Motion for Sanctions, by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 03/02/2020)
2020-03-0354Supplemental MOTION for Reconsideration re 52 Order on Motion for Discovery,, Order on Motion for Disclosure,, Order on Motion to Compel,, Order on Motion for Sanctions, by Sandra Immerso. (Jordan, Jack) (Entered: 03/03/2020)
2020-03-1255Second MOTION for pre motion conference re Motion to Compel & Motion for Sanctions by Sandra Immerso. (Attachments: # 1 Exhibit 1 emails from Frank Clubb Feb 2020) (Jordan, Jack) (Entered: 03/12/2020)
2020-03-13ORDER re: Plaintiff's 21 Motion for Reconsideration, 36 Motion for Pre-Motion Conference, and 55 Motion for Pre-Motion Conference. The motions are DENIED. Additionally, the court construes Plaintiff's 53 Motion for Reconsideration and 54 Supplemental Motion for Reconsideration as objections, pursuant to Federal Rule of Civil Procedure 72(a), to Magistrate Judge Vera M. Scanlon's 52 Memorandum and Order Denying Plaintiff's 22 Motion to Compel, 22 Motion for Sanctions, 49 Motion for Discovery, and 50 Motion for Disclosure. The court has reviewed Plaintiff's objections and finds that no part of Judge Scanlon's decision "is clearly erroneous or is contrary to law." ( See Fed. R. Civ. Pro. 72(a).) Therefore, Plaintiff's objections are overruled in their entirety, and Plaintiff's 53 Motion for Reconsideration and 54 Supplemental Motion for Reconsideration are DENIED. Finally, the Court reminds Plaintiff that Defendant's 23 Motion to Dismiss and Plaintiff's 42 Cross Motion for Summary Judgment are pending decision before the court. The court warns Plaintiff that further frivolous motion practice attempting to obtain in discovery the very relief sought in Plaintiff's 1 complaint will be met with sanctions. Ordered by Judge Nicholas G. Garaufis on 3/13/2020. (Olds, Edward) (Entered: 03/13/2020)
2020-03-1356MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 03/13/2020)
2020-03-1457Third MOTION for pre motion conference by Sandra Immerso. (Jordan, Jack) (Entered: 03/14/2020)
2020-03-1758RESPONSE in Opposition re 56 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, Defendant's Memorandum of Law in Oppostion to Plaintiff's Motion for Reconsideration of the Order Dated March 13, 2020 filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 03/17/2020)
2020-03-1859REPLY to Response to Motion re 56 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, filed by Sandra Immerso. (Jordan, Jack) (Entered: 03/18/2020)
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