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Case TitleDe Sousa v. Federal Emergency Management Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv00609
Date Filed2014-01-30
Date Closed2014-08-14
JudgeJudge Valerie E. Caproni
PlaintiffGregory C. De Sousa
Case DescriptionGregory DeSousa made a request to the Federal Emergency Management Agency for records related to all SAFER grant applications from the City of Yonkers' Fire Department. The agency acknowledged receipt of DeSousa's request, but after the agency failed to respond to two subsequent letters from DeSousa's attorneys, DeSousa filed suit.
Complaint issues: improper withholding, disclosure of all non-exempt records, production of Vaughn index, attorney's fees

DefendantFederal Emergency Management Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-01-301COMPLAINT against Federal Emergency Management Agency. (Filing Fee $ 350.00, Receipt Number 465401086820)Document filed by Gregory C. De Sousa.(lcu) (Entered: 02/05/2014)
2014-01-30Magistrate Judge Henry B. Pitman is so designated. (lcu) (Entered: 02/05/2014)
2014-01-30Case Designated ECF. (lcu) (Entered: 02/05/2014)
2014-01-302CIVIL COVER SHEET filed. (lcu) (Entered: 02/05/2014)
2014-02-053NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/24/2014 at 10:30 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni, and as further set forth in this document. (Signed by Judge Valerie E. Caproni on 2/5/2014) (cd) (Entered: 02/06/2014)
2014-02-074AFFIDAVIT OF SERVICE. Federal Emergency Management Agency served on 2/4/2014, answer due 4/7/2014. Service was accepted by Karen Brown, USAO. Document filed by Gregory C. De Sousa. (Corenthal, Richard) (Entered: 02/07/2014)
2014-02-105NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of Federal Emergency Management Agency. (Krause, Andrew) (Entered: 02/10/2014)
2014-02-266LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Valerie E. Caproni from Andrew E. Krause dated February 26, 2014. Document filed by Federal Emergency Management Agency.(Krause, Andrew) (Entered: 02/26/2014)
2014-02-267ORDER: granting 6 Letter Motion for Extension of Time to Answer re: 1 Complaint addressed to Judge Valerie E. Caproni from Andrew E. Krause dated February 26, 2014. Defendant's time to answer the complaint is extended from March 6, 2014, to April 7, 2014. The pre-trial conference shall be moved from March 24, 2014 to April 21, 2014. The deadline for the joint status letter, proposed civil case management plan, and scheduling order is hereby moved to April 14, 2014. (Signed by Judge Valerie E. Caproni on 2/26/2014) (djc) (Entered: 02/28/2014)
2014-03-318SECOND LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Valerie E. Caproni from Andrew E. Krause dated March 31, 2014. Document filed by Federal Emergency Management Agency.(Krause, Andrew) (Entered: 03/31/2014)
2014-03-319ORDER granting 8 Letter Motion for Extension of Time to Answer: The defendant's time to answer or otherwise respond to the Complaint is extended until May 7, 2014. The initial pretrial conference is adjourned until Wednesday, May 21, 2014, at 10:30 a.m. The joint status letter and proposed civil case management plan and scheduling order shall be submitted not later than one week prior to the Conference. Federal Emergency Management Agency answer due 5/7/2014. (Signed by Judge Valerie E. Caproni on 3/31/2014) (tn) (Entered: 03/31/2014)
2014-03-31Set/Reset Hearings: Initial Conference set for 5/21/2014 at 10:30 AM before Judge Valerie E. Caproni. (tn) (Entered: 03/31/2014)
2014-05-0110THIRD LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Valerie E. Caproni from Andrew E. Krause dated May 1, 2014. Document filed by Federal Emergency Management Agency.(Krause, Andrew) (Entered: 05/01/2014)
2014-05-0111ORDER granting 10 Letter Motion for Extension of Time to Answer. Defendant's time to answer is hereby extended until June 6, 2014. No further extensions will be granted. The Conference previously scheduled for May 21, 2014, is hereby adjourned until June 20, 2014, at 10:00 a.m. The deadlines for submission of the joint status letter and case management plan are adjourned until June 12, 2014. Federal Emergency Management Agency answer due 6/6/2014.. (Signed by Judge Valerie E. Caproni on 5/1/2014) (cd) (Entered: 05/01/2014)
2014-05-01Set/Reset Hearings: 5/21/2014 Initial Conference reset for 6/20/2014 at 10:00 AM before Judge Valerie E. Caproni. (cd) (Entered: 05/01/2014)
2014-05-2312FIRST AMENDED COMPLAINT amending 1 Complaint against Federal Emergency Management Agency.Document filed by Gregory C. De Sousa. Related document: 1 Complaint filed by Gregory C. De Sousa. (Attachments: # 1 Exhibit Exhibit A-E, # 2 Exhibit Exhibit F1, # 3 Exhibit Exhibit F2, # 4 Exhibit Exhibit G)(Kletter, Joni) (Entered: 05/23/2014)
2014-06-0613ANSWER to 12 Amended Complaint,. Document filed by Federal Emergency Management Agency.(Krause, Andrew) (Entered: 06/06/2014)
2014-06-1214JOINT LETTER addressed to Judge Valerie E. Caproni from Andrew E. Krause dated June 12, 2014 re: pre-conference submission and request to set briefing schedule. Document filed by Federal Emergency Management Agency.(Krause, Andrew) (Entered: 06/12/2014)
2014-06-20Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 6/20/2014. Court sets briefing schedule(see order). (Court Reporter Andrew Walker) (Brantley, Michael) (Entered: 06/20/2014)
2014-06-2015NOTICE OF INITIAL PRETRIAL CONFERENCE: Pursuant to the discussion at the Court's June 20, 2014 Conference, it is hereby ORDERED that: 1. Not later than July 11, 2014, Defendant shall submit (a) five unredacted documents for review in camera that were jointly selected by the parties; and (b) a letter, not to exceed five pages, describing the basis for Defendant's assertion that the redacted material falls within the 5 U.S.C. § 552(b)(6) exclusion. 2. Not later than July 18, 2014, Plaintiff shall respond by letter not to exceed five pages. (Signed by Judge Valerie E. Caproni on 6/20/2014) (djc) (Entered: 06/20/2014)
2014-07-1016LETTER addressed to Judge Valerie E. Caproni from Andrew E. Krause dated July 10, 2014 re: FEMA's withholding of information pursuant to 5 U.S.C. § 552(b)(6). Document filed by Federal Emergency Management Agency.(Krause, Andrew) (Entered: 07/10/2014)
2014-07-1817LETTER addressed to Judge Valerie E. Caproni from Joni H. Kletter dated July 18, 2014 re: FEMA's withholding of information pursuant to 5 U.S.C. § 552(b)(6). Document filed by Gregory C. De Sousa. (Attachments: # 1 Exhibit Exhibit A)(Kletter, Joni) (Entered: 07/18/2014)
2014-07-2318MEMORANDUM AND ORDER: For the forgoing reasons, Defendant's motion for partial summary judgment is GRANTED as to US_001 to US_002 and US_004 to US_008 and DENIED in part as to US_003. The parties are directed to meet and confer regarding the possibility that they can resolve the case not later than August 14, 2014. If the parties are unable to resolve the case, any motion for summary judgment shall be submitted not later than September 18, 2014. (Signed by Judge Valerie E. Caproni on 7/23/2014) (djc) (Entered: 07/23/2014)
2014-07-23Set/Reset Deadlines: Summary Judgment Motions due by 9/18/2014. (djc) (Entered: 07/23/2014)
2014-08-1219DOCUMENT REFERRED TO JUDGE FOR APPROVAL - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Federal Emergency Management Agency pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Federal Emergency Management Agency.(Krause, Andrew) Modified on 8/13/2014 (jno). (Entered: 08/12/2014)
2014-08-13***NOTE TO ATTORNEY - DOCUMENT REFERRED TO JUDGE FOR APPROVAL. Note to Attorney Andrew Krause Document 19 Stipulation of Voluntary Dismissal, was referred to Judge Valerie E. Caproni for approval. (jno) (Entered: 08/13/2014)
2014-08-1420STIPULATION OF VOLUNTARY DISMISSAL:IT IS HEREBY STIPULATION AND AGREED AS FOLLOWS: Pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, Plaintiff hereby voluntarily dismisses the above-captioned action. This dismissal shall be with prejudice, and shall fully and finally terminate Plaintiff's claims in this action. The Clerk of the Court is respectfully directed to terminate the case. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/14/2014) (ama) (Entered: 08/14/2014)
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