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Case TitleMcFall v. Stewart
DistrictSouthern District of New York
CityWhite Plains
Case Number7:2021cv02109
Date Filed2021-03-11
Date ClosedOpen
JudgeJudge Vincent L. Briccetti
PlaintiffKathleen McFall
Case DescriptionKathleen McFall, a former employee of the Department of Labor, submitted a FOIA request to the agency for records concerning back wage follow-up status between October 2016 and October 2019. The agency acknowledged receipt of the request but told McFall that because of its backlog it could not process McFall's request within the statutory time limit. McFall then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantAl Stewart Acting Secretary, U.S. Department of Labor
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-111FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against Department of Labor. (Filing Fee $ 402.00, Receipt Number ANYSDC-24239305)Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/12/2021 (sj). (Entered: 03/11/2021)
2021-03-112FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Merrick Garland, re: 1 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/12/2021 (sj). (Entered: 03/11/2021)
2021-03-113FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Al Stewart, re: 1 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/12/2021 (sj). (Entered: 03/11/2021)
2021-03-114FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS REQUEST FOR ISSUANCE OF SUMMONS as to Audrey Strauss, re: 1 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/12/2021 (sj). (Entered: 03/11/2021)
2021-03-125CIVIL COVER SHEET filed..(Ahern, Conor) (Entered: 03/12/2021)
2021-03-12***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Conor Daniel Ahern. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 2 (U.S. Government Defendant); Dollar Demand $1,825,000; Fee Status code due (due). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 3 (Federal Question); the Dollar Demand has been modified to $5,000; the Fee Status code has been modified to pd (paid). (sj) (Entered: 03/12/2021)
2021-03-12***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Conor Daniel Ahern to RE-FILE re: Document No. 1 Complaint. The filing is deficient for the following reason(s): all of the parties listed on the pleading were not entered on CM ECF; the wrong party/parties whom the pleading is against were selected; Al Stewart must be added to docket. Docket the event type Add Party to Pleading found under the event list Complaints and Other Initiating Documents.. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (sj) (Entered: 03/12/2021)
2021-03-12***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Conor Daniel Ahern to RE-FILE Document No. 3 Request for Issuance of Summons, 2 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): Summons are only issued to active parties to the case. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 03/12/2021)
2021-03-12***NOTICE TO ATTORNEY REGARDING REMOVAL OF PARTY. Notice to attorney Conor Daniel Ahern. The following party/parties has been removed from this case: Department of Labor. The party was added to the case in error. (sj) (Entered: 03/12/2021)
2021-03-12CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vincent L. Briccetti. 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 . .(sj) (Entered: 03/12/2021)
2021-03-12Magistrate Judge Andrew E. Krause 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 . (sj) (Entered: 03/12/2021)
2021-03-12Case Designated ECF. (sj) (Entered: 03/12/2021)
2021-03-12ADD PARTY FOR PLEADING. Defendants/Respondents Al Stewart added. Party added pursuant to 1 Complaint,.Document filed by Al Stewart. Related document: 1 Complaint,..(Ahern, Conor) (Entered: 03/12/2021)
2021-03-156COMPLAINT against Al Stewart. Document filed by Kathleen McFall..(Ahern, Conor) (Entered: 03/15/2021)
2021-03-157FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Merrick Garland, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/16/2021 (dnh). (Entered: 03/15/2021)
2021-03-158REQUEST FOR ISSUANCE OF SUMMONS as to Al Stewart, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) (Entered: 03/15/2021)
2021-03-159FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Audrey Strauss, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/16/2021 (dnh). (Entered: 03/15/2021)
2021-03-1610ELECTRONIC SUMMONS ISSUED as to Al Stewart..(dnh) (Entered: 03/16/2021)
2021-03-16***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Conor Daniel Ahern to RE-FILE Document No. 7 Request for Issuance of Summons, 9 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As to' Error; summonses may only be issued to parties of record. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (dnh) (Entered: 03/16/2021)
2021-03-16***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Conor Daniel Ahern. The party information for the following party/parties has been modified: Al Stewart. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (dnh) (Entered: 03/16/2021)
2021-03-1611FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Al Stewart, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/17/2021 (jgo). (Entered: 03/16/2021)
2021-03-1612FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to Al Stewart, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) Modified on 3/17/2021 (jgo). (Entered: 03/16/2021)
2021-03-17***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Conor Daniel Ahern to RE-FILE Document No. 11 Request for Issuance of Summons, 12 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 03/17/2021)
2021-03-1713REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Al Stewart, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) (Entered: 03/17/2021)
2021-03-1714REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Al Stewart, re: 6 Complaint. Document filed by Kathleen McFall..(Ahern, Conor) (Entered: 03/17/2021)
2021-03-1815ELECTRONIC AMENDED SUMMONS ISSUED as to Al Stewart..(dnh) (Entered: 03/18/2021)
2021-03-1816ELECTRONIC AMENDED SUMMONS ISSUED as to Al Stewart..(dnh) (Entered: 03/18/2021)
2021-03-3017AFFIDAVIT OF SERVICE. Al Stewart served on 3/29/2021, answer due 4/19/2021. Service was accepted by Timothy Deane. Document filed by Kathleen McFall..(Ahern, Conor) (Entered: 03/30/2021)
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by FOIA Project Staff
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