| Date Filed | Doc # | Docket Text |
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| 2009-12-08 | 1 | COMPLAINT against U.S. Department of Education. (Filing Fee $ 350.00, Receipt Number 708024)Document filed by Bernard Ferguson.(rdz) (Entered: 12/09/2009) |
| 2009-12-08 | | SUMMONS ISSUED as to U.S. Department of Education, U.S. Attorney and U.S. Attorney General. (rdz) (Entered: 12/09/2009) |
| 2009-12-08 | | Magistrate Judge Frank Maas is so designated. (rdz) (Entered: 12/09/2009) |
| 2009-12-10 | 2 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Dispositive Motion (i.e. motion requiring a Report and Recommendation) and General Pretrial (including scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Frank Maas. (Signed by Judge Paul A. Crotty on 12/10/2009) Copies Mailed By Chambers.(jfe) (Entered: 12/10/2009) |
| 2009-12-14 | 3 | AFFIDAVIT OF SERVICE of Summons and Complaint. U.S. Department of Education served on 12/8/2009, answer due 12/29/2009. Service was accepted by Rafael Hernandez. Document filed by Bernard Ferguson. (Ferguson, Bernard) (Entered: 12/14/2009) |
| 2010-02-02 | 4 | MEMO ENDORSEMENT on JUDGEMENT BY DEFAULT: ENDORSEMENT: The Court will not enter this default judgment against the U.S Department of Education. The Court directs that the enclosed proposed judgment and related materials be served on the U.S Attorneys Office for the S.D.N.Y; and that office is directed to investigate and file with the Court by Tuesday February 16, 2010 a report on this matter including the proposed default. So Ordered. (Signed by Judge Paul A. Crotty on February 2, 2010) Copies Mailed By Chambers.(mov) (Entered: 02/02/2010) |
| 2010-02-12 | 5 | NOTICE OF APPEARANCE by Jennifer Ellen Blain on behalf of U.S. Department of Education (Blain, Jennifer) (Entered: 02/12/2010) |
| 2010-02-16 | 6 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 2/16/2010 re: Counsel for the U.S. Department of Education write to respond to the Court's 2/2/2010 Order directing the Government to"investigate and filed with the Court... a report on this matter including [Plaintiff's] proposed [order of] default." 2/2/10 Order. Accordingly, the Government respectfully submit this status report. Pursuant to 5 U.S.C. 552(a)(4)(C), the Department requests that its deadline to answer, move, or otherwise respond to the complaint be deemed to be 3/15/2010. ENDORSEMENT: Application GRANTED, and if the matter is not resolved a conference will go forward on 3/24/2010 at 3:30 p.m. in Courtroom 20-C. U.S. Department of Education answer due 3/15/2010. (Status Conference set for 3/24/2010 at 03:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 2/16/2010) Copies Mailed By Chambers. (tro) (Entered: 02/17/2010) |
| 2010-03-12 | 7 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 3/11/10 re: Counsel the Department respectfully requests that its time to respond to the complaint, currently set for March 15 2010 be adjourned for thirty days, until April 15, 2010. In addition, the Department also respectfully requests that the status conference, currently scheduled for March 24, 2010 at 3:30.m., be rescheduled to a date that is convenient to the Court after April 15 2010. Plaintiff, who is proceeding pro se, consents to these requests. ENDORSEMENT: Application granted. The conference is adjourned to 4/21/10 at 4:30 pm in Courtroom 20C. (Signed by Judge Paul A. Crotty on 3/12/10) (pl) Modified on 3/12/2010 (pl). Copies E-mailed by Chambers. Modified on 3/23/2010 (mov). (Entered: 03/12/2010) |
| 2010-03-12 | | Set/Reset Hearings: Status Conference set for 4/2/2010 at 04:30 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (pl) (Entered: 03/12/2010) |
| 2010-04-15 | 8 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 4/14/10 re: counsel, on behalf of the United States Dept of Education requests an extension of time for the Department to respond to the complaint and that the status conference currently scheduled for April 21, 2010 at 4:30 p.m. be rescheduled to a date that is convenient to the Court after May 17, 2010. ENDORSEMENT: Application GRANTED. The conference is adjourned to 5/20/10 at 2:15 p.m. in Courtroom 20-C. (Signed by Judge Paul A. Crotty on 4/15/10); Copies E-Mailed by Chambers (djc) Modified on 4/22/2010 (djc). (Entered: 04/15/2010) |
| 2010-04-15 | | Set Deadlines/Hearings: U.S. Department of Education answer due 5/17/2010. Status Conference set for 5/20/2010 at 02:15 PM in Courtroom 20C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (djc) (Entered: 04/15/2010) |
| 2010-05-14 | 9 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 5/13/2010 re: AUSA writes on behalf of the Department of Education and requests that its time to answer or otherwise respond to the Complaint, currently set for 5/17/2010, be adjourned for 30 days, until 6/17/2010. In addition, the Department also requests that the status conference currently scheduled for 5/20/2010 at 2:15 p.m., be adjourned to a date that is convenient to the Court after 6/17/2010. ENDORSEMENT: Application GRANTED and the conference is adjourned to 6/29/2010 at 4:15 p.m. in Courtroom 18B. SO ORDERED. U.S. Department of Education answer due 6/17/2010.( Status Conference set for 6/29/2010 at 04:15 PM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty.) (Signed by Judge Paul A. Crotty on 5/14/2010) (tve) (Entered: 05/14/2010) |
| 2010-06-16 | 10 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 6/16/2010 re: AUSA writes requesting an additional 30 days for the Department to respond to the complaint, until 7/15/2010, and that the status conference, currently scheduled for 6/29/2010 at 4:15 p.m., rescheduled to a date that is convenient to the Court after 7/15/2010. ENDORSEMENT: Application GRANTED, and the PTC is adjourned to 7/27/10 at 4:30 pm in Courtroom 20-C. SO ORDERED. (Signed by Judge Paul A. Crotty on 6/16/2010) Copies Mailed By Chambers.(tve) (Entered: 06/16/2010) |
| 2010-07-14 | 11 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 7/14/2010 re: Counsel respectfully request an additional 30 days until 8/9/2010 for the Department to respond to the complaint, and that the status conference scheduled for 7/27/2010 be rescheduled to a date that is convenient to the Court after 8/9/2010. ENDORSEMENT: Application GRANTED, and the conference is adjourned to 8/19/10 at 3:15 p.m., in Courtroom 20-C. So Ordered. (Signed by Judge Paul A. Crotty on 7/14/2010) (jfe) (Entered: 07/14/2010) |
| 2010-07-14 | | Set/Reset Deadlines: U.S. Department of Education answer due 8/9/2010. (jfe) (Entered: 07/14/2010) |
| 2010-08-10 | 12 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 8/6/2010 re: Requesting an additional thirty days for the Department to respond to the complaint and that the status conference, currently scheduled for August 19, 2010 at 3:15 pm be rescheduled after September 9, 2010. ENDORSEMENT: Application GRANTED, and the conference is adjourned to 9/16/2010 at 3:30 pm in Courtroom 20-C. (Signed by Judge Paul A. Crotty on 8/10/2010) (jpo) (Entered: 08/10/2010) |
| 2010-09-08 | 13 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 9/7/10 re: counsel requests an additional thirty days for the Department to respond to the Complaint, and that the status conference be rescheduled to a date that is convenient to the Court after October 7, 2010. ENDORSEMENT: Application Granted. U.S. Department of Education answer due 10/7/2010. The conference is adjourned to October 10, 2010 at 3:00 p.m. in Courtroom 20C. (Signed by Judge Paul A. Crotty on 9/8/10) "Copies Mailed By Chambers" (sac) Modified on 9/20/2010 (sac). (Entered: 09/08/2010) |
| 2010-10-08 | 14 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated October 7, 2010 re: Request an additional thirty days for the Department to respond to the complaint, and to request that the status conference, currently scheduled for October 10, 2010 at 3:00 pm., be rescheduled to a date that is convenient to the Court after November 8, 2010. I also write to provide the Court with an update as to the status of this matter. ENDORSEMENT: Application granted. The time to answer or otherwise respond to the complaint is adjourned to November 8, 2010 at 2:30 PM. The Court notes that the September 8, 2010 endorsed letter clearly indicates that the September 16, 2010 conference was adjourned to 10/20/2010 at 3:00 PM. Due to harmless clerical error by the Clerk's Office Docketing Unit, 10/10/2010 was the date entered on the docket sheet. In the future, the parties are directed to view the actual PDF posted on ECF and not to rely on the text entered on the docket sheet. SO ORDERED.. (Signed by Judge Paul A. Crotty on October 8, 2010) Copies Mailed By Chambers. (mov) (Entered: 10/08/2010) |
| 2010-11-10 | 15 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Preet Bharara dated 11/8/2010, re: Counsel on behalf of the United States Department of Education writes to respectfully request that its time to answer or otherwise respond to the complaint, currently set for November 8, 2010, be adjourned for 21 days, until November 29, 2010, the day before the slatus conference, currently scheduled for 2:30 p.m. on November 30, 2010. This is the Government's ninth request for an adjournment of the time to answer. Plaintiff consented to the prior requests and those requests were granted. I have been unable to reach Plaintiff regarding his position with respect to this request. ENDORSEMENT: SO ORDERED. U.S. Department of Education answer due 11/29/2010. (Signed by Judge Paul A. Crotty on 11/10/2010) (lnl) (Entered: 11/10/2010) |
| 2010-11-29 | 16 | ENDORSED LETTER addressed to Judge Paul A. Crotty from Ellen Blain dated 11/26/2010 re: Counsel respectfully request that the time to answer or otherwise respond to the complaint be adjourned to 1/12/2011, and that the conference scheduled for 11/30/2010 be moved to a date after 1/12/2011. ENDORSEMENT: The time to answer or otherwise respond to the Complaint is extended to January 12, 2011. The conference previously set for 11/30/2010 before the undersigned has been marked off the calendar. In light of the Order of Reference issued on December 10, 2009, the parties are directed to contact Magistrate Judge Maas with respect to a conference date before His Honor. So Ordered. (Signed by Judge Paul A. Crotty on 11/29/2010) Copies Mailed By Chambers. (jfe) (Entered: 11/29/2010) |
| 2011-01-10 | 17 | ANSWER to Complaint. Document filed by U.S. Department of Education.(mbe) (Entered: 01/11/2011) |
| 2011-01-18 | 18 | ORDER. Motion for summary judgment due by 2/28/2011. Responses due by 3/21/2011. Replies due by 3/31/2011. (Signed by Magistrate Judge Frank Maas on 1/18/11) Copies Sent By Chambers. (rjm) (Entered: 01/19/2011) |
| 2011-01-18 | | Minute Entry for proceedings held before Magistrate Judge Frank Maas: Telephone Conference held on 1/18/2011. (mro) (Entered: 01/24/2011) |
| 2011-02-15 | 19 | CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Bernard Ferguson, U.S. Department of Education. CASE ASSIGNED to Magistrate Judge Frank Maas. (Signed by Judge Paul A. Crotty on 2/15/11) (cd) (Entered: 02/15/2011) |
| 2011-02-28 | 20 | MOTION for Summary Judgment. Document filed by U.S. Department of Education.(mbe) (Entered: 03/01/2011) |
| 2011-02-28 | 21 | MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment. Document filed by U.S. Department of Education. (mbe) (Entered: 03/01/2011) |
| 2011-02-28 | 22 | NOTICE to Pro Se Litigant who Opposes a Motion for Summary Judgment. Document filed by U.S. Department of Education. (mbe) (Entered: 03/01/2011) |
| 2011-03-17 | 23 | ENDORSED LETTER addressed to Magistrate Judge Frank Maas from Bernard Ferguson dated 3/17/2011 re: Requesting an additional two week extension of time to provide a reply to plaintiff's motion for summary judgment. ENDORSEMENT: Time extended to 4/4; defendant may reply before 4/14/2011. Application granted. So Ordered. (Signed by Magistrate Judge Frank Maas on 3/17/2011) (jpo) (Entered: 03/18/2011) |
| 2011-04-05 | 25 | DECLARATION of Bernard Ferguson. Document filed by Bernard Ferguson. (tro) (Entered: 06/06/2011) |
| 2011-04-05 | 26 | MEMORANDUM OF LAW in Opposition re: 20 MOTION for Summary Judgment. Document filed by Bernard Ferguson. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4)(tro) (Entered: 06/06/2011) |
| 2011-04-14 | 24 | REPLY MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment. Document filed by U.S. Department of Education. (laq) (Entered: 04/15/2011) |
| 2011-09-13 | 27 | DECISION AND ORDER: that the Departments motion for summary judgment is granted in part and denied in part. By 10/15/2011, the Department shall produce to Ferguson any OPE records responsive to his Request that were created between 8/3 and 11/1/2007, if such records have not previously been produced. Since this accords Ferguson all the relief to which he is entitled, the Clerk of the Court is respectfully requests to enter judgment accordingly and to close this case. (Response to Request to Production of Documents due by 10/15/2011.) (Signed by Magistrate Judge Frank Maas on 9/13/2011) Copies Mailed By Chambers. (ft) (Entered: 09/14/2011) |
| 2011-09-13 | | Transmission to Judgments and Orders Clerk. Transmitted re: 27 Memorandum & Opinion, Set Deadlines to the Judgments and Orders Clerk. (ft) (Entered: 09/14/2011) |
| 2011-09-14 | 28 | CLERK'S JUDGMENT That for the reasons stated in the Court's Decision and Order dated September 13, 2011, Departments motion for summary judgment is granted in part and denied in part. By October 15, 2011, the Department shall produce to Ferguson any OPE records responsive to his Request that were created between August 3 and November 1, 2007, if such records have not previously been produced; accordingly, the case is closed. The Court certifies, pursuant to 28 U.S.C. §1915(a)(3), that any appeal from the Decision and Order dated September 13, 2011 would be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. (Signed by Clerk of Court Ruby Krajick on 9/14/11) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 09/14/2011) |
| 2011-10-12 | 29 | NOTICE OF APPEAL from 28 Clerk's Judgment, 27 Memorandum & Opinion, Set Deadlines. Document filed by Bernard Ferguson. Filing fee $ 250.00, receipt number 465401019237. (tp) (Entered: 10/28/2011) |
| 2011-10-12 | | Appeal Remark as to 29 Notice of Appeal filed by Bernard Ferguson. $205.00 APPEAL FEE DUE. (tp) (Entered: 10/28/2011) |
| 2011-10-28 | | Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 29 Notice of Appeal. (tp) (Entered: 10/28/2011) |
| 2011-10-28 | | Transmission of Notice of Appeal to the District Judge re: 29 Notice of Appeal. (tp) (Entered: 10/28/2011) |
| 2011-10-28 | 30 | Appeal Record Sent to USCA (Index). Notice that the Original index to the record on Appeal for 29 Notice of Appeal filed by Bernard Ferguson 3 Copies of the index, Certified Clerk Certificate and Certified Docket Sheet were transmitted to the U.S. Court of Appeals. (tp) (nd). (Entered: 10/28/2011) |
| 2011-10-28 | | Appeal Record Sent to USCA (File). Indexed record on Appeal Files for 29 Notice of Appeal filed by Bernard Ferguson were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/28/2011) |
| 2011-11-09 | 31 | PRO SE MEMORANDUM dated 11/9/2011 re: CHANGE OF ADDRESS for Bernard Ferguson. New Address: 1915 Mahogany Run Lane, Unit 1125, Naples, FL, 34113. (msa) (Entered: 11/10/2011) |
| 2011-11-14 | | USCA Appeal Fees received $ 205.00 receipt number 465401021546 on 11/10/2011 re: 29 Notice of Appeal filed by Bernard Ferguson. (tp) (Entered: 11/14/2011) |
| 2011-11-22 | | USCA Case Number 11-4821 from the USCA 2nd Circuit assigned to 29 Notice of Appeal filed by Bernard Ferguson. (tp) (Entered: 11/22/2011) |
| 2012-05-30 | 32 | TRUE COPY ORDER of USCA as to 29 Notice of Appeal filed by Bernard Ferguson USCA Case Number 11-4821....that the appeal is hereby WITHDRAWN pursuant to Local Rule 42.1. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 05/30/2012. (nd) (Entered: 05/30/2012) |
| 2012-08-06 | 33 | MANDATE of USCA (Certified Copy) as to 29 Notice of Appeal filed by Bernard Ferguson USCA Case Number 11-4821....that the appeal is hereby WITHDRAWN pursuant to Local Rule 42.1. The stipulation is hereby "so ordered". Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Issued As Mandate: 08/06/2012. (nd) (Entered: 08/06/2012) |
| 2012-09-28 | | Appeal Record Returned. Indexed record on Appeal Files for Appeal Record Sent to USCA - File USCA Case Number 11-4821, returned from the U.S. Court of Appeals. (nd) (Entered: 09/28/2012) |
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