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Case TitleStahl v. Department of Justice et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2019cv04142
Date Filed2019-07-17
Date ClosedOpen
JudgeJudge Brian M. Cogan
PlaintiffAviva Stahl
Case DescriptionJournalist Aviva Stahl submitted a FOIA request to the Bureau of Prisons for records concerning the medical treatment of Mohammad Salameh as a result of his prison hunger strike. Stahl submitted a second request for records concerning videos taken of Salameh's forced feeding. Stahl provided an authorization from Salameh giving her permission to access his records. Stahl also requested expedited processing, a fee waiver, and inclusion in the news media fee category. The agency acknowledged receipt of the requests. After a number of inquiries from Stahl, the agency ultimately disclosed 1567 records in full and 37 pages with redactions. The agency withheld records under Exemption 7(E) (investigative methods and techniques) and Exemption 7(F) (harm to any person). Stahl filed an administrative appeal, which was denied. She then filed suit.
Complaint issues: Litigation - Attorney's fees

DefendantDepartment of Justice
DefendantFederal Bureau of Prisons
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-171COMPLAINT against Department of Justice, Federal Bureau of Prisons filing fee $ 400, receipt number ANYEDC-11673641 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Aviva Stahl. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Ginsberg, Betsy) (Entered: 07/17/2019)
2019-07-19Case Assigned to Judge Brian M. Cogan. 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. (Davis, Kimberly) (Entered: 07/19/2019)
2019-07-192In 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. (Davis, Kimberly) (Entered: 07/19/2019)
2019-07-193This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 07/19/2019)
2019-07-194Summons Issued as to Department of Justice, Federal Bureau of Prisons, U.S. Attorney and U.S. Attorney General (Davis, Kimberly) (Entered: 07/19/2019)
2019-07-295SCHEDULING ORDER: Initial Status Conference is set for 9/9/2019 at 10:45 AM in Chambers 704S. SEE ATTACHED MANDATORY REQUIREMENTS FOR THE CONFERENCE. Ordered by Judge Brian M. Cogan on 7/29/2019. (Weisberg, Peggy) (Entered: 07/29/2019)
2019-08-076SUMMONS Returned Executed by Aviva Stahl. Department of Justice served on 8/6/2019, answer due 8/27/2019; Federal Bureau of Prisons served on 8/6/2019, answer due 8/27/2019. (Ginsberg, Betsy) (Entered: 08/07/2019)
2019-09-037NOTICE of Appearance by Farzin Franklin Amanat on behalf of All Defendants (aty to be noticed) (Amanat, Farzin) (Entered: 09/03/2019)
2019-09-038Letter MOTION for Extension of Time to File Answer re 1 Complaint, respectfully seeking, with the consent of the plaintiff, a two week extension from 9/5/19 to 9/19/19 to answer the complaint. Respectfully submitted by Department of Justice, Federal Bureau of Prisons. (Amanat, Farzin) (Entered: 09/03/2019)
2019-09-04ORDER granting 8 defendants' motion for an extension of time to file their answer until 9/19/2019. The Initial Status Conference will proceed as previously scheduled for 9/9/2019 at 10:45 am in Chambers 704S. Ordered by Judge Brian M. Cogan on 9/4/2019. (Weisberg, Peggy) (Entered: 09/04/2019)
2019-09-049Letter Joint Letter in Connection with Status Conference by Aviva Stahl (Ginsberg, Betsy) (Entered: 09/04/2019)
2019-09-09Minute Entry and Order for Initial Status Conference held before Judge Brian M. Cogan on 9/9/2019. Counsel for both sides present. By 9/16/2019, the parties shall file a proposed scheduling order for this case. (Weisberg, Peggy) (Entered: 09/09/2019)
2019-09-1210NOTICE by Aviva Stahl Letter enclosing Law Student Appearance Forms for Court's Signature (Attachments: # 1 Law Student Intern Appearance Forms) (Ginsberg, Betsy) (Entered: 09/12/2019)
2019-09-1311ORDER dated 9/12/19 granting Law Student Intern Appearance Form re 10 Notice(Other) filed by Aviva Stahl. ( Ordered by Judge Brian M. Cogan on 9/12/2019 ) (Guzzi, Roseann) (Entered: 09/13/2019)
2019-09-1612STIPULATION and Proposed Scheduling Order signed by both parties, per the Court's September 9 Order by Aviva Stahl (Ginsberg, Betsy) (Entered: 09/16/2019)
2019-09-1613SCHEDULING ORDER dated 9/16/19 re 12 Stipulation filed by Aviva Stahl. ( Ordered by Judge Brian M. Cogan on 9/16/2019 ) (Guzzi, Roseann) (Entered: 09/16/2019)
2019-09-1814ANSWER to 1 Complaint, by All Defendants. (Amanat, Farzin) (Entered: 09/18/2019)
2019-10-2515Proposed Scheduling Order Joint Stipulation and Proposed Order Narrowing the Issues to be Addressed on Summary Judgment and Proposing Summary Judgment Briefing Schedule. by Aviva Stahl (Ginsberg, Betsy) (Entered: 10/25/2019)
2019-10-2516ORDER dated 10/25/19 re 15 Joint Stipulation and Proposed Order Narrowing the Issues to be Addressed on Summary Judgment and Proposing Summary Judgment Briefing Schedule. *The parties should understand that the Court considers this as absurdly lengthy briefing schedule for the issues in this case and neither side should even ask for any further extensions absent extraordinary circumstances. ( Ordered by Judge Brian M. Cogan on 10/25/2019 ) (Guzzi, Roseann) (Entered: 10/25/2019)
2019-12-2017MOTION for Summary Judgment by Department of Justice, Federal Bureau of Prisons. (Attachments: # 1 Notice of Motion, # 2 Declaration of James Phelps, # 3 Exhibit A to Phelps Declaration: BOP PS 5562.05 Hunger Strikes, # 4 Exhibit B to Phelps Declaration: BOP PS 5566.06 Use of Force and Application of Restraints, # 5 Declaration of Erika Fenstermaker, # 6 Exhibit A to Fenstermaker Declaration (BOP Public Information Data for Mohammad Salameh), # 7 Exhibit B to Fenstermaker Declaration (Plaintiff's FOIA Request), # 8 Exhibit C to Fenstermaker Declaration (BOP Acknowledgment), # 9 Exhibit D to Fenstermaker Declaration (BOP Response Letters to FOIA Request), # 10 Exhibit E to Fenstermaker Declaration (Vaughn Index)) (Amanat, Farzin) (Entered: 12/20/2019)
2019-12-2018Letter to Judge Cogan transmitting courtesy copies of 17 Government's Motion for Summary Judgment, with supporting papers. With the physical copy of the letter being delivered to Chambers, we are also submitting, ex parte and under seal, a DVD containing the videos at issue in this case, for the Court's in camera review should it so choose. The 16 Stipulation and Order entered on October 25 directed the Government to make this ex parte submission and provided that no further motion was necessary to authorized the sealed filing. Respectfully submitted by Department of Justice, Federal Bureau of Prisons (Attachments: # 1 Cover Sheet for Sealed Filing of DVD) (Amanat, Farzin) (Entered: 12/20/2019)
2020-02-1019Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment by Aviva Stahl. (Attachments: # 1 Memorandum in Support, # 2 Declaration of Aviva Stahl, # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Declaration of Mohammad Salameh, # 7 Declaration of Betsy Ginsberg, # 8 Exhibit A, # 9 Exhibit B) (Ginsberg, Betsy) (Entered: 02/10/2020)
2020-02-1020Letter Enclosing courtesy copy of Summary Judgment papers (also sent by overnight mail) and requesting oral argument by Aviva Stahl (Ginsberg, Betsy) (Entered: 02/10/2020)
2020-02-11SCHEDULING ORDER: re 20 . Oral Argument on defendants' motion for summary judgment and plaintiff's cross motion for summary judgment is set for 3/2/2020 at 9:30 AM in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 2/11/2020. (Clarke, Melonie) (Entered: 02/11/2020)
2020-02-2121MOTION for Leave to File Excess Pages : Under 16 the briefing schedule in this FOIA action, the Government's second brief is due this coming Monday, February 24. As this brief is both a reply in support of 17 the Government's motion for summary judgment and an opposition to 19 Plaintiff's cross-motion for summary judgment, it is not clear whether the Court's ten page limit for replies or 25 page limit for opposition briefs applies. Regardless, having substantially drafted the brief, it appears that the Government will need approximately 20 pages to address all of the issues raised in Plaintiff's brief and its attachments. If the Court's page limit for replies rather than oppositions applies to this brief, then the Government respectfully moves for leave to submit excess pages and asks that its limit be 20 rather than 10 pages. Respectfully submitted by Department of Justice, Federal Bureau of Prisons. (Amanat, Farzin) (Entered: 02/21/2020)
2020-02-21ORDER re: 21 . The Court enters the following ruling: 1) the Government's brief in opposition and reply in support of its motion may exceed the page limit, not to exceed 20 pages; 2) plaintiff may file a 10-page reply brief in support of the cross-motion by 3/9/2020; 3) oral argument is reset to 3/24/2020 at 4:30 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 2/21/2020. (Weisberg, Peggy) (Entered: 02/21/2020)
2020-02-2422REPLY in Support re 17 MOTION for Summary Judgment and in Opposition to 19 Plaintiff's Cross-Motion for Summary Judgment. Respectfully filed by Department of Justice, Federal Bureau of Prisons. (Attachments: # 1 Declaration (Supplemental Declaration of James Phelps), # 2 Phelps Exhibit C, # 3 Phelps Exhibit D, # 4 Phelps Exhibit E, # 5 Phelps Exhibit F, # 6 Phelps Exhibit G, # 7 Phelps Exhibit H, # 8 Declaration (Supplemental Declaration of Erika Fenstermaker)) (Amanat, Farzin) (Entered: 02/24/2020)
2020-03-0923REPLY in Support re 19 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment , 22 Reply in Support,, 17 MOTION for Summary Judgment , REPLY to Response to Motion re 19 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment , 17 MOTION for Summary Judgment , RESPONSE in Opposition re 19 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment , 17 MOTION for Summary Judgment , REPLY in Opposition re 19 Cross MOTION for Summary Judgment and Opposition to Defendants' Motion for Summary Judgment , 22 Reply in Support,, 17 MOTION for Summary Judgment filed by Aviva Stahl. (Ginsberg, Betsy) (Entered: 03/09/2020)
2020-03-1224Letter Alerting Court to Supplemental Authority (Evans v. Federal Bureau of Prisons, --- F.3d ----, 2020 WL 1144613 (D.C. Cir. March. 10, 2020) (Sentelle, J.)) issued after filing of Plaintiff's Reply Brief by Aviva Stahl (Ginsberg, Betsy) (Entered: 03/12/2020)
2020-03-12Set/Reset Hearing: Oral Argument previously set at 4:30 pm on 3/24/2020 is reset to 10:00 am in Courtroom 8D South. (Weisberg, Peggy) (Entered: 03/12/2020)
2020-03-1825MOTION to Adjourn Conference (Oral Argument on Cross Motions for Summary Judgment) currently set for Monday March 23 by Aviva Stahl. (Ginsberg, Betsy) (Entered: 03/18/2020)
2020-03-18ORDER granting 25 Motion to Adjourn Conference. Oral Argument is adjourned to 4/30/2020 at 11:00 in Courtroom 8D South. Ordered by Judge Brian M. Cogan on 3/18/2020. (Weisberg, Peggy) (Entered: 03/18/2020)
2020-04-2126Consent MOTION to Adjourn Conference /Request that Court Decide Cross Motions for Summary Judgment on Paper Submissions by Aviva Stahl. (Ginsberg, Betsy) (Entered: 04/21/2020)
2020-04-22ORDER granting 26 Motion to Adjourn Conference. Oral Argument scheduled for 4/30/2020 is cancelled. Ordered by Judge Brian M. Cogan on 4/22/2020. (Weisberg, Peggy) (Entered: 04/22/2020)
2020-07-1427NOTICE of Appearance by Kathleen Anne Mahoney on behalf of All Defendants (aty to be noticed) (Mahoney, Kathleen) (Entered: 07/14/2020)
2020-07-1528MOTION to Withdraw as Attorney by Department of Justice, Federal Bureau of Prisons. (Amanat, Farzin) (Entered: 07/15/2020)
2020-07-15ORDER granting 28 Motion to Withdraw as Attorney. Attorney Farzin Franklin Amanat terminated. Ordered by Judge Brian M. Cogan on 7/15/2020. (Weisberg, Peggy) (Entered: 07/15/2020)
2021-03-2629MEMORANDUM DECISION AND ORDER dated 3/26/21 Defendants' motion for summary judgment 17 is granted in part, and plaintiff's motion for summary judgment 19 is denied in part. ( Ordered by Judge Brian M. Cogan on 3/26/2021 ) (Guzzi, Roseann) (Entered: 03/26/2021)
2021-03-29SCHEDULING ORDER: A status conference by telephone will be held on 4/15/2021 at 10:30 am to discuss the schedule for the supplemental memoranda as set forth in the Court's Memorandum Decision and Order. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4142#. Ordered by Judge Brian M. Cogan on 3/29/2021. (Weisberg, Peggy) (Entered: 03/29/2021)
2021-04-05Set/Reset Hearing Time: Telephonic status conference set for 10:30 am on 4/15/2021 is reset to 3:30 pm. Parties will use the toll-free number 888-684-8852, access code 6427877# and security code 4142#. (Weisberg, Peggy) (Entered: 04/05/2021)
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