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Case TitleCohan v. United States Department of the Treasury et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv08900
Date Filed2020-10-23
Date ClosedOpen
JudgeJudge George B. Daniels
PlaintiffWilliam D Cohan
Case DescriptionWilliam Cohan, an investigative journalist, submitted a FOIA request to the Department of Treasury for records concerning a 2013 decision by the Financial Stability Oversight Council to designate GECC a systemically important financial institution. Cohan also requested expedited processing. The agency acknowledged receipt of the request and denied Cohan's request for expedited processing. After hearing nothing further from the agency, Cohan filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Fees, Litigation - Attorney's fees

DefendantUnited States Department of the Treasury
DefendantRyan Law in his official capacity as Director of FOIA and Transparency
DefendantRyan Law in his official capacity as Director of FOIA and Transparency
TERMINATED: 02/03/2021
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [16]
Opinion/Order [18]
Opinion/Order [20]
Opinion/Order [22]
Opinion/Order [24]
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-231COMPLAINT against Ryan Law, United States Department of the Treasury. (Filing Fee $ 400.00, Receipt Number ANYSDC-22289965)Document filed by William D Cohan. (Attachments: # 1 Exhibit A - FOIA Log, # 2 Exhibit B - Letter to Treasury).(Celli, Andrew) (Entered: 10/23/2020)
2020-10-232REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Treasury, re: 1 Complaint,. Document filed by William D Cohan..(Celli, Andrew) (Entered: 10/23/2020)
2020-10-233REQUEST FOR ISSUANCE OF SUMMONS as to Ryan Law, in his official capacity as Director of FOIA and Transparency, re: 1 Complaint,. Document filed by William D Cohan..(Celli, Andrew) (Entered: 10/23/2020)
2020-10-234CIVIL COVER SHEET filed..(Celli, Andrew) (Entered: 10/23/2020)
2020-10-26CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 10/26/2020)
2020-10-26Magistrate Judge Kevin Nathaniel Fox 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 10/26/2020)
2020-10-26Case Designated ECF. (pc) (Entered: 10/26/2020)
2020-10-265ELECTRONIC SUMMONS ISSUED as to Ryan Law..(pc) (Entered: 10/26/2020)
2020-10-266ELECTRONIC SUMMONS ISSUED as to United States Department of the Treasury..(pc) (Entered: 10/26/2020)
2020-10-277INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/4/2021 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 10/27/2020) (jwh) (Entered: 10/27/2020)
2020-11-208AFFIDAVIT OF SERVICE of Summons and Complaint,. Ryan Law served on 11/19/2020, answer due 12/10/2020. Service was made by Certified Mail. Document filed by William D Cohan..(Celli, Andrew) (Entered: 11/20/2020)
2020-11-209AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of the Treasury served on 11/19/2020, answer due 12/10/2020. Service was made by Certified Mail. Document filed by William D Cohan..(Celli, Andrew) (Entered: 11/20/2020)
2020-12-0110AFFIDAVIT OF SERVICE of Complaint served on United States Attorney's Office - Southern District of New York on December 1, 2020. Service was accepted by Osrick Gordon, Employee. Document filed by William D Cohan..(Celli, Andrew) (Entered: 12/01/2020)
2020-12-2811NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Ryan Law, United States Department of the Treasury..(Sun, Anthony) (Entered: 12/28/2020)
2020-12-3112ANSWER to 1 Complaint,. Document filed by Ryan Law, United States Department of the Treasury..(Sun, Anthony) (Entered: 12/31/2020)
2021-01-2813STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Ryan Law and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Ryan Law, United States Department of the Treasury. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Sun, Anthony) (Entered: 01/28/2021)
2021-01-29***NOTICE TO COURT REGARDING STIPULATION OF VOLUNTARY DISMISSAL Document No. 13 Stipulation of Voluntary Dismissal was reviewed and referred to Judge George B. Daniels for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (km) (Entered: 01/29/2021)
2021-02-0314STIPULATION OF PARTIAL DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Treasury is the only proper defendant to this FOIA action arising out of the FOIA request. 2. Defendant Ryan Law is hereby dismissed as defendant in this action with prejudice pursuant to Federal Rule of Civil Procedure 4l(a)(l)(A)(ii), and without costs or fees. 3. Treasury expressly reserves all defenses to Plaintiff's FOIA action. 4. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 5. The parties understand and agree that this Stipulation may be signed in counterparts, each of which constitutes an original and all of which constitute one and the same Stipulation. Facsimiles and/or PDFs of signatures shall have the same force and effect as original signatures and constitute acceptable, binding signatures for purposes of the Stipulation. SO ORDERED. Ryan Law (in his official capacity as Director of FOIA and Transparency) terminated. (Signed by Judge George B. Daniels on 2/3/2021) (kv) (Entered: 02/03/2021)
2021-02-2515LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 2/25/2021 re: joint letter in advance of initial pre-trial conference. Document filed by United States Department of the Treasury..(Sun, Anthony) (Entered: 02/25/2021)
2021-02-2516ORDER: The March 4, 2021 initial conference is cancelled. The parties will appear for a status conference on May 6, 2021 at 9:30 a.m. The parties shall submit a status letter no later than seven days before the status conference. SO ORDERED. (Signed by Judge George B. Daniels on 2/25/2021) ( Status Conference set for 5/6/2021 at 09:30 AM before Judge George B. Daniels.) (ks) (Entered: 02/25/2021)
2021-04-2917LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 4/29/2021 re: status update. Document filed by United States Department of the Treasury..(Sun, Anthony) (Entered: 04/29/2021)
2021-05-0318ORDER: The status conference is adjourned from May 6, 2021 to May 20, 2021 at 9:30 a.m. The parties shall submit a status letter no later than May 17, 2021. ( Status Conference set for 5/20/2021 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/3/2021) (mro) (Entered: 05/03/2021)
2021-05-1719LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 5/17/2021 re: status update. Document filed by United States Department of the Treasury..(Sun, Anthony) (Entered: 05/17/2021)
2021-05-1820ORDER: The status conference is adjourned from May 20, 2021 to June 8, 2021 at 9:45 a.m. The parties shall submit a status letter no later than June 1, 2021., (Status Conference set for 6/8/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 5/18/2021) (nb) (Entered: 05/18/2021)
2021-06-0121LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 6/1/2021 re: status update. Document filed by United States Department of the Treasury..(Sun, Anthony) (Entered: 06/01/2021)
2021-06-0222ORDER: The status conference is adjourned from June 8, 2021 to July 20, 2021 at 9:45 a.m. The parties shall submit a status letter no later than July 13, 2021. ( Status Conference set for 7/20/2021 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/2/2021) (mro) (Entered: 06/02/2021)
2021-07-1323LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 7/13/2021 re: status update. Document filed by United States Department of the Treasury..(Sun, Anthony) (Entered: 07/13/2021)
2021-07-1424ORDER: The status conference is adjourned from July 20, 2021 to September 21, 2021 at 9:30 a.m. The parties shall submit a status letter no later than September 13, 2021. SO ORDERED., ( Status Conference set for 9/21/2021 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 7/14/2021) (ama) (Entered: 07/14/2021)
2021-09-1325LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 9/13/2021 re: status update. Document filed by United States Department of the Treasury..(Sun, Anthony) (Entered: 09/13/2021)
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by FOIA Project Staff
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