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Case TitleDroubi v. United States Department of Transportation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv10629
Date Filed2020-12-16
Date Closed2021-03-15
JudgeJudge Colleen McMahon
PlaintiffLuna Droubi
Case DescriptionLuna Droubi submitted a FOIA request to the Department of Transportation's Federal Motor Carrier Safety Administration for records concerning the semi-annual historical MCS-150 data from 2000-2019. Droubi also requested the data in a CSV format. The agency acknowledged receipt of the request. Droubi contacted the agency multiple times for a status check. However, after hearing nothing further from the agency, Droubi filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Department of Transportation including its Component the Federal Motor Carrier Safety Administration
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-161COMPLAINT against UNITED STATES DEPARTMENT OF TRANSPORTATION, including its Component the Federal Motor Carrier Safety Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-23065587)Document filed by Luna Droubi. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6).(Rankin, David) (Entered: 12/16/2020)
2020-12-162CIVIL COVER SHEET filed..(Rankin, David) (Entered: 12/16/2020)
2020-12-163REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF TRANSPORTATION, including its Component the Federal Motor Carrier Safety Administration, re: 1 Complaint,. Document filed by Luna Droubi..(Rankin, David) (Entered: 12/16/2020)
2020-12-17***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Bruce Rankin. The party information for the following party/parties has been modified: David Bruce Rankin. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh) (Entered: 12/17/2020)
2020-12-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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 . .(dnh) (Entered: 12/17/2020)
2020-12-17Magistrate Judge Stewart D. Aaron 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 . (dnh) (Entered: 12/17/2020)
2020-12-17Case Designated ECF. (dnh) (Entered: 12/17/2020)
2020-12-174ELECTRONIC SUMMONS ISSUED as to United States Department of Transportation..(dnh) (Entered: 12/17/2020)
2021-01-045SUMMONS RETURNED EXECUTED. Luna Droubi served on 12/29/2020, answer due 1/19/2021. Service was made by Mail. Document filed by Luna Droubi..(Rankin, David) (Entered: 01/04/2021)
2021-01-276NOTICE OF APPEARANCE by Danielle Judith Levine on behalf of United States Department of Transportation..(Levine, Danielle) (Entered: 01/27/2021)
2021-01-277LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Colleen McMahon from Danielle J. Levine dated January 27, 2021. Document filed by United States Department of Transportation..(Levine, Danielle) (Entered: 01/27/2021)
2021-01-288ORDER granting 7 Letter Motion for Extension of Time to Answer re 1 Complaint. OK. United States Department of Transportation answer due 2/22/2021. (Signed by Judge Colleen McMahon on 1/28/2021) (nb) (Entered: 01/28/2021)
2021-02-169LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Colleen McMahon from Danielle J. Levine dated February 16, 2021. Document filed by United States Department of Transportation..(Levine, Danielle) (Entered: 02/16/2021)
2021-02-1910ORDER: granting 9 Letter Motion for Extension of Time to Answer. OK- EXTENSION GRANTED. United States Department of Transportation answer due 3/15/2021. (Signed by Judge Colleen McMahon on 2/19/2021) (ama) (Entered: 02/19/2021)
2021-03-1111PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Transportation..(Levine, Danielle) (Entered: 03/11/2021)
2021-03-1512STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Pursuant to 5 U.S.C. § 552(a)(4)(E), as soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, FMSCA shall pay to Plaintiff the sum of $5,000 (the "Settlement Amount"), by government wire transfer to the bank account designated by Plaintiff's attorney in the attached electronic funds transfer information form. Plaintiff, through her undersigned attorney, agrees to accept the Settlement Amount as full payment of any costs and/or attorney's fees that she has incurred in connection with this matter, as further set forth. 5. The parties understand and agree that this Stipulation and Order contains the entire agreement between them. 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. 6. This action is hereby dismissed with prejudice. provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. 7. This stipulation may be executed in counterparts. Facsimile or PDF signatures shall have the same force and effect as original signatures. SO ORDERED. (Signed by Judge Colleen McMahon on 3/15/2021) (mml) (Entered: 03/15/2021)
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