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Case TitleMcKanney v. Department of the Navy
DistrictSouthern District of New York
CityFoley Square
Case Number1:2013cv01535
Date Filed2013-03-07
Date Closed2013-11-05
JudgeJudge Katherine B. Forrest
PlaintiffMr. Silvester McKanney
DefendantDepartment of the Navy
Documents
Docket
Complaint
Opinion/Order [19]
FOIA Project Annotation: Silvester McKanney, who served in the Navy from 1978-1981, made a FOIA request to the Navy for his service files. The Navy conducted a search, but could not find any records. McKanney sued and the court agreed the Navy had conducted an adequate search.
Issues: Adequacy - Search
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-03-071COMPLAINT against Department of the Navy. (Filing Fee $ 350.00, Receipt Number 465401061894)Document filed by Silvester McKanney.(jd) (Entered: 03/08/2013)
2013-03-07SUMMONS ISSUED as to Department of the Navy. (jd) (Entered: 03/08/2013)
2013-03-07Magistrate Judge Andrew J. Peck is so designated. (jd) (Entered: 03/08/2013)
2013-03-07Case Designated ECF. (jd) (Entered: 03/08/2013)
2013-03-183SUMMONS RETURNED EXECUTED Summons and Complaint served. Department of the Navy served on 3/13/2013, answer due 5/13/2013. Service was accepted by Shelly Oselmo, General Counsel, Department of the Navy. Document filed by Silvester McKanney. (sc) (Entered: 03/19/2013)
2013-04-084ORDER: It is hereby ORDERED that: 1. Plaintiff and lead counsel for defendant(s) shall appear for an initial pretrial conference ("IPTC") promptly at 2:30 p.m., April 18, 2013. 2. At least four business days prior to the IPTC, the parties shall jointly submit a proposed schedule. 3. Counsel shall consult the Court's Individual Practices in Civil Cases (available at http://www.nysd.uscourts.gov/judge/Forrest) and comply with all other requirements for the IPTC. See Rule 4.B. ( Initial Conference set for 4/18/2013 at 02:30 PM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/8/2013) Copies Sent By Chambers. (ago) (Entered: 04/08/2013)
2013-04-095NOTICE OF APPEARANCE by Louis Anthony Pellegrino on behalf of Department of the Navy (Pellegrino, Louis) (Entered: 04/09/2013)
2013-04-116CERTIFICATE OF SERVICE of ORDER served on Silvester McKanney on 04/11/2013. Service was made by MAIL. Document filed by Department of the Navy. (Pellegrino, Louis) (Entered: 04/11/2013)
2013-04-18Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 4/18/2013. (jp) (Entered: 04/18/2013)
2013-04-187SCHEDULING ORDER: Briefing schedule: Opening: June 17, 2013; Opp'n: July 17, 2013 (but Plaintiff would like to discuss timing at the IPTC); Reply: July 31, 2013. (Signed by Judge Katherine B. Forrest on 4/18/2013) (mro) (Entered: 04/19/2013)
2013-04-198ORDER: Pursuant to a conference with the Court on 4/18/2013, it is hereby ORDERED as follows: Not later than 5/31/2013, counsel for defendant is to notify the Court, in writing, of the measures taken to locate the records set forth during the conference. Counsel should also advise the Court of the results of those measures. (Signed by Judge Katherine B. Forrest on 4/19/2013) (mro) (Entered: 04/19/2013)
2013-05-289CERTIFICATE OF SERVICE of letter served on S. McKanney on 5/28/2013. Service was made by MAIL and EMAIL. Document filed by Department of the Navy. (Pellegrino, Louis) (Entered: 05/28/2013)
2013-05-2910ENDORSED LETTER addressed to Judge Katherine B. Forrest from Louis A. Pellegrino dated 5/27/13 re: Counsel writes to follow up with the discussions at the 4/18/13 initial pretrial conference, and with reference to the Court's 4/19/13 Order at Docket No. 8. This letter documents the efforts the Government has made to date to attempt to locate, inter alia, the collection of military service documents requested by plaintiff through the Freedom of Information Act. ENDORSEMENT: Ordered: Proceed to the briefing schedule as established by prior Court order. (Signed by Judge Katherine B. Forrest on 5/28/2013) (mro) (Entered: 05/29/2013)
2013-06-1411ENDORSED LETTER addressed to Judge Katherine B. Forrest from Louis A. Pellegrino dated 6/11/13 re: Counsel writes to request the following extensions: July 1, 2013: Government's Motion; July 31, 2013: Plaintiff's Opposition; August 14, 2013: Government's Reply. ENDORSEMENT: Ordered: Extensions granted as set forth herein. ( Motions due by 7/1/2013., Responses due by 7/31/2013, Replies due by 8/14/2013.) (Signed by Judge Katherine B. Forrest on 6/14/2013) Copies Sent By Chambers. (mro) (Entered: 06/17/2013)
2013-06-2812MOTION for Summary Judgment. Document filed by Department of the Navy. Responses due by 7/31/2013(Pellegrino, Louis) (Entered: 06/28/2013)
2013-06-2813NOTICE of to Pro Se Litigant re Rule 56 re: 12 MOTION for Summary Judgment.. Document filed by Department of the Navy. (Pellegrino, Louis) (Entered: 06/28/2013)
2013-06-2814MEMORANDUM OF LAW in Support re: 12 MOTION for Summary Judgment.. Document filed by Department of the Navy. (Pellegrino, Louis) (Entered: 06/28/2013)
2013-06-2815DECLARATION of M. Dursa in Support re: 12 MOTION for Summary Judgment.. Document filed by Department of the Navy. (Pellegrino, Louis) (Entered: 06/28/2013)
2013-07-0816CERTIFICATE OF SERVICE of Motion, Memorandum and Declaration served on S. McKanney on 6/28/2013. Service was made by Mail. Document filed by Department of the Navy. (Pellegrino, Louis) (Entered: 07/08/2013)
2013-08-0717TRANSCRIPT of Proceedings re: conference held on 4/18/2013 before Judge Katherine B. Forrest. Court Reporter/Transcriber: Pamela Utter, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/3/2013. Redacted Transcript Deadline set for 9/12/2013. Release of Transcript Restriction set for 11/8/2013.(McGuirk, Kelly) (Entered: 08/07/2013)
2013-08-0718NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 4/18/13 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 08/07/2013)
2013-11-0419OPINION & ORDER re: 12 MOTION for Summary Judgment filed by Department of the Navy: For these reasons, defendant's motion to dismiss or, alternatively, for summary judgment is GRANTED. The Clerk of Court is directed to close the motion at ECF No. 12 and to terminate this action. (Signed by Judge Katherine B. Forrest on 11/4/2013) Copies Mailed By Chambers. (tn) (Entered: 11/04/2013)
2013-11-04Transmission to Judgments and Orders Clerk. Transmitted re: 19 Opinion & Order, to the Judgments and Orders Clerk. (tn) (Entered: 11/04/2013)
2013-11-0520CLERK'S JUDGMENT: That for the reasons stated in the Court's Opinion and Order dated November 4, 2013, defendant's motion to dismiss or, alternatively, for summary judgment is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/5/2013) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 11/05/2013)
2013-11-05Transmission to Docket Assistant Clerk. Transmitted re: 20 Clerk's Judgment, to the Docket Assistant Clerk for case processing. (dt) (Entered: 11/05/2013)
2013-11-05Mailed notice of Right to Appeal re: 20 Clerk's Judgment, to Pro Se Litigant(s): Silvester McKanney2266- Andrew's Ave.Apt. 1-dBronx, NY 10468. (ca) (Entered: 11/05/2013)
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by FOIA Project Staff
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