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Case TitleTempey v. United States Department of Homeland Security
DistrictEastern District of New York
CityBrooklyn
Case Number1:2020cv05212
Date Filed2020-10-29
Date ClosedOpen
JudgeJudge Eric N. Vitaliano
PlaintiffNathan Tempey
Case DescriptionNathan Tempey, a freelance investigative journalist, submitted a FOIA request to the Department of Homeland Security for records concerning a whistleblower's allegation that the agency was not supposed to focus on potential threats posed by white supremist groups. The agency acknowledged receipt of the request. The agency responded two years later by disclosing records that heavily redacted under Exemption 5 (privileges) and Exemption 6 (invasion of privacy). Tempey filed an administrative appeal. The agency upheld the agency's Exemption 5 redactions but failed to address the Exemption 6 redactions. Tempey then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Homeland Security
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-29Case Assigned to Judge Eric N. Vitaliano and Magistrate Judge Sanket J. Bulsara. 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: 10/29/2020)
2020-10-292In 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: 10/29/2020)
2020-10-293This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Davis, Kimberly) (Entered: 10/29/2020)
2020-10-294Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020)
2020-10-295Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020)
2020-10-296Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020)
2020-10-296Proposed Summons. Re 1 Complaint, by Nathan Tempey (Lackman, Eleanor) (Entered: 10/29/2020)
2020-11-027NOTICE of Appearance by Eleanor Martine Lackman on behalf of Nathan Tempey (notification declined or already on case) (Lackman, Eleanor) (Entered: 11/02/2020)
2020-11-028NOTICE of Appearance by Timothy Michael Carter on behalf of Nathan Tempey (aty to be noticed) (Carter, Timothy) (Entered: 11/02/2020)
2020-11-109Summons Issued as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons, # 2 Summons) (Davis, Kimberly) (Entered: 11/10/2020)
2020-11-1010Letter to Judge Vitaliano re: Request to Remove and Refile Minimally Redacted Complaint Exhibits by Nathan Tempey (Lackman, Eleanor) Modified on 11/11/2020 (Farrell, Gillian). (Entered: 11/10/2020)
2020-11-11ORDER: The motion 10 is granted. The Complaint 1 is hereby sealed. Plaintiff is directed to make appropriate redactions to the referenced Complaint exhibits and refile the Complaint and redacted exhibits as a separate docket entry. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/11/2020. (Farrell, Gillian) (Entered: 11/11/2020)
2020-11-1211COMPLAINT against United States Department of Homeland Security filing fee $ 400, receipt number ANYEDC-13673796 Was the Disclosure Statement on Civil Cover Sheet completed -YES,, filed by Nathan Tempey. (Attachments: # 1 Exhibit 1 - Redacted, # 2 Exhibit 2 - Redacted, # 3 Exhibit 3, # 4 Exhibit 4 - Redacted, # 5 Exhibit 5 - Redacted, # 6 Exhibit 6 - Redacted) (Lackman, Eleanor) (Entered: 11/12/2020)
2020-11-12Summons Issued as to United States Department of Homeland Security, U.S. Attorney and U.S. Attorney General, See Doc. (Lee, Tiffeny) (Entered: 11/30/2020)
2020-11-1712NOTICE of Appearance by Alex Scott Weinberg on behalf of United States Department of Homeland Security (aty to be noticed) (Weinberg, Alex) (Entered: 11/17/2020)
2020-11-2313SCHEDULING ORDER: An initial/telephone conference will be held on 2/5/2021 at 10:30 AM before Magistrate Judge Sanket J. Bulsara. The parties are directed to call the toll-free number 877-336-1274 . The access code is 6534420 . The parties shall dial in five (5) minutes before the 10:30 AM conference. Counsel are directed to complete the attached Discovery Plan Worksheet and electronically file same with the Court no later than two days before 2/5/2021. Should the parties wish to adopt a plan for discovery different from the structure in the discovery worksheet, they may do so only if they file a letter explaining why such a plan is appropriate in this case. So Ordered by Magistrate Judge Sanket J. Bulsara on 11/23/2020. (Manson, Eddie) (Entered: 11/23/2020)
2020-12-0214SUMMONS Returned Executed by Nathan Tempey. United States Department of Homeland Security served on 11/13/2020, answer due 12/14/2020. (Lee, Tiffeny) Modified to correct service date and answer due date 12/2/2020 (Lee, Tiffeny). (Entered: 12/02/2020)
2020-12-1415ANSWER to 11 Complaint, by United States Department of Homeland Security. (Weinberg, Alex) (Entered: 12/14/2020)
2021-02-0116Letter Regarding Discovery Plan by Nathan Tempey (Lackman, Eleanor) (Entered: 02/01/2021)
2021-02-02ORDER: In light of the parties' letter 16 , the Initial Conference scheduled for 2/5/2021 is adjourned sine die . So Ordered by Magistrate Judge Sanket J. Bulsara on 2/2/2021. (Farrell, Gillian) (Entered: 02/02/2021)
2021-04-16Case Reassigned to Magistrate Judge James R. Cho. Magistrate Judge Sanket J. Bulsara no longer assigned to the case. 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. (Mahoney, Brenna) (Entered: 04/16/2021)
2021-04-20ORDER REASSIGNING CASE. Case reassigned to Magistrate Judge Roanne L. Mann for all further proceedings. Magistrate Judge James R. Cho no longer assigned to case 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.Ordered by Chief Judge Margo K. Brodie on 4/20/2021. (Davis, Kimberly) (Entered: 04/20/2021)
2021-04-21Case Reassigned to Magistrate Judge Sanket J. Bulsara. Magistrate Judge Roanne L. Mann no longer assigned to the case. 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. (Mahoney, Brenna) (Entered: 04/21/2021)
2021-04-21ORDER This case has been reassigned to this magistrate judge. In order to establish a control date, the Court adopts as the deadline for filing requests for a premotion conference the May 21st deadline proposed by the parties (see DE #16). Ordered by Magistrate Judge Roanne L. Mann on 4/21/2021. (LK) (Entered: 04/21/2021)
2021-05-0617Letter MOTION for Extension of Time to File Pre-Motion Letter by Nathan Tempey. (Lackman, Eleanor) (Entered: 05/06/2021)
2021-05-10ORDER granting plaintiff's consent 17 Motion for Extension of Time to File. The deadline to file a pre-motion letter is extended to June 21, 2021. Ordered by Judge Eric N. Vitaliano on 5/10/2021. (Dudding, Sasha) (Entered: 05/10/2021)
2021-06-1118Consent MOTION for Extension of Time to File pre-motion conference letters in this action by United States Department of Homeland Security. (Weinberg, Alex) (Entered: 06/11/2021)
2021-06-14ORDER granting 18 Motion for Extension of Time to File. The deadline to file pre-motion conference letters is adjourned sine die . The parties shall file a joint status report by August 20, 2021. Ordered by Judge Eric N. Vitaliano on 6/14/2021. (Dudding, Sasha) (Entered: 06/14/2021)
2021-07-0719Notice of MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14632506. by Nathan Tempey. (Attachments: # 1 Affidavit Affidavit, # 2 Certificate of Good Standing - DC, # 3 Certificate of Good Standing - NY) (Volner, Ian) (Entered: 07/07/2021)
2021-07-08ORDER: The Motion of Ian D. Volner for Leave to Appear Pro Hac Vice 19 is granted. The attorney shall register for ECF, registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure that the $150 admission fee be submitted to the Clerk's Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Magistrate Judge Sanket J. Bulsara on 7/8/2021. (Farrell, Gillian) (Entered: 07/08/2021)
2021-08-2020STATUS REPORT by United States Department of Homeland Security (Weinberg, Alex) (Entered: 08/20/2021)
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