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Case TitleGOLDEN et al v. NEW JERSEY INSTITUTE OF TECHNOLOGY et al
DistrictDistrict of New Jersey
CityNewark
Case Number2:2015cv08559
Date Filed2015-12-11
Date Closed2018-09-14
JudgeJudge Madeline Cox Arleo
PlaintiffDANIEL GOLDEN
PlaintiffTRACY LOCKE
Case DescriptionDaniel Golden and Tracy Locke brought suit against the New Jersey Institute of Technology for its failure to respond to requests made under New Jersey's Open Public Records Act. Golden and Locke also included the FBI in their suit, but it is not apparent that they made a request to the FBI. While this suit appears to involve public records requests, Golden and Tracy do not appear to have any actual FOIA claim against the FBI.
Complaint issues: FOIA mentioned only tangentially

DefendantThird Party Plaintiff
NEW JERSEY INSTITUTE OF TECHNOLOGY
DefendantThird Party Plaintiff
CLARA WILLIAMS
DefendantFEDERAL BUREAU OF INVESTIGATION
DefendantCounter Claimant
FEDERAL BUREAU OF INVESTIGATION
DefendantNEW JERSEY INSTITUTE OF TECHNOLOGY
DefendantCLARA WILLIAMS In her capacity as Custodian of Records for the New Jersey Institute of Technology
AppealThird Circuit 18-3150
Documents
Docket
Complaint
Opinion/Order [66]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-12-111NOTICE OF REMOVAL by FEDERAL BUREAU OF INVESTIGATION from SUPERIOR COURT OF NEW JERSEY ESSEX COUNTY, case number ESX-L-06392-15., filed by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit E, # 5 Civil Cover Sheet, # 6 Certificate of Service)(seb) (Entered: 12/11/2015)
2015-12-112THIRD PARTY COMPLAINT against FEDERAL BUREAU OF INVESTIGATION, filed by NEW JERSEY INSTITIUTE OF TECHNOLOGY, CLARA WILLIAMS.(seb) (Entered: 12/11/2015)
2015-12-163Letter from Karen D. Stringer. (Attachments: # 1 Text of Proposed Order)(STRINGER, KAREN) (Entered: 12/16/2015)
2015-12-174NOTICE of Appearance by GARY POTTERS on behalf of NEW JERSEY INSTITUTE OF TECHNOLOGY, CLARA WILLIAMS (POTTERS, GARY) (Entered: 12/17/2015)
2015-12-175Letter from Gary Potters, Esq. re 3 Letter. (POTTERS, GARY) (Entered: 12/17/2015)
2015-12-176Letter from Karen D. Stringer. (STRINGER, KAREN) (Entered: 12/17/2015)
2015-12-177Letter from Gary Potters, Esq. in Response to FBI correspondence re: stay discovery re 6 Letter. (POTTERS, GARY) (Entered: 12/17/2015)
2015-12-18Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 12/18/2015. (kd) (Entered: 12/18/2015)
2015-12-188ORDER: In person Conference set for 1/4/2016 09:30 AM before Magistrate Judge Leda D. Wettre.); staying responses to any pending discovery requests pending the outcome of further discussions with the Court; etc. Signed by Magistrate Judge Leda D. Wettre on 12/18/2015. (nr, ) (Entered: 12/21/2015)
2015-12-229Consent MOTION for Leave to Appear Pro Hac Vice of KatieLynn B. Townsend by DANIEL GOLDEN, TRACY LOCKE. (Attachments: # 1 Certification of KatieLynn Townsend, Esq., # 2 Certification of Bruce S. Rosen, Esq., # 3 Text of Proposed Order)(ROSEN, BRUCE) (Entered: 12/22/2015)
2015-12-2210Consent MOTION for Leave to Appear Pro Hac Vice of Adam A. Marshall, Esq. by DANIEL GOLDEN, TRACY LOCKE. (Attachments: # 1 Certification of Adam A. Marshall, Esq., # 2 Certification of Bruce S. Rosen, Esq., # 3 Text of Proposed Order)(ROSEN, BRUCE) (Entered: 12/22/2015)
2015-12-2311ORDER granting 9 Motion for Leave to Appear Pro Hac Vice as to Katielynn B. Townsend. Signed by Magistrate Judge Leda D. Wettre on 12/23/2015. (nr, ) (Entered: 12/23/2015)
2015-12-2312ORDER granting 10 Motion for Leave to Appear Pro Hac Vice as to Adam A. Marshall. Signed by Magistrate Judge Leda D. Wettre on 12/23/2015. (nr, ) (Entered: 12/23/2015)
2016-01-04Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: In Person Conference held on 1/4/2016, on the record. (kd) (Entered: 01/04/2016)
2016-01-0413TEXT ORDER - A Telephone Conference is set for 1/22/2016 at 11:00 AM before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 1/4/2016. (kd) (Entered: 01/04/2016)
2016-01-05Pro Hac Vice fee: $ 150, receipt number NEW028192 Re Katielynn B. Townsend (nr, ) (Entered: 01/06/2016)
2016-01-05Pro Hac Vice fee: $ 150, receipt number NEW028193 Re Adam A. Marshall (nr, ) (Entered: 01/06/2016)
2016-01-0614Notice of Request by Pro Hac Vice KatieLynn B. Townsend to receive Notices of Electronic Filings. (ROSEN, BRUCE) (Entered: 01/06/2016)
2016-01-0615Notice of Request by Pro Hac Vice Adam A. Marshall to receive Notices of Electronic Filings. (ROSEN, BRUCE) (Entered: 01/06/2016)
2016-01-1916Letter from Bruce S. Rosen. (ROSEN, BRUCE) (Entered: 01/19/2016)
2016-01-2017TEXT ORDER - Per request of counsel 16 , the telephone conference set for 1/22/2016 at 11:00 am is rescheduled to 1/22/2016 at 3:15 pm.So Ordered by Magistrate Judge Leda D. Wettre on 1/20/2016. (kd) (Entered: 01/20/2016)
2016-01-22Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 1/22/2016. (kd) (Entered: 01/22/2016)
2016-01-2218TEXT ORDER A further telephonic case management conference shall be held on 1/29/16 at 10 a.m. Counsel for the FBI are to initiate the call. So Ordered by Magistrate Judge Leda D. Wettre on 1/22/16. (Wettre, Leda) (Entered: 01/22/2016)
2016-01-2219Substitution of Attorney - Attorney KAREN DEBORAH STRINGER terminated. Attorney CHRISTOPHER D. AMORE for FEDERAL BUREAU OF INVESTIGATION added.. (AMORE, CHRISTOPHER) (Entered: 01/22/2016)
2016-01-2920Letter from Bruce S. Rosen. (ROSEN, BRUCE) (Entered: 01/29/2016)
2016-01-29Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 1/29/2016. (kd) (Entered: 01/29/2016)
2016-02-1021Letter from AUSA Christopher Amore. (AMORE, CHRISTOPHER) (Entered: 02/10/2016)
2016-02-1722TEXT ORDER - A Telephone Conference is set for 3/3/2016 at 02:30 PM before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645- 3574. The parties shall submit concise status letters no later than 3 business days in advance of the conferenceSo Ordered by Magistrate Judge Leda D. Wettre on 2/17/2016. (kd) (Entered: 02/17/2016)
2016-02-17Pro Hac Vice counsel, KATIELYNN B. TOWNSEND, ESQ. and ADAM A. MARSHALL, ESQ., has been added to receive Notices of Electronic Filing. Pursuant to L.Civ.R. 101.1, only local counsel are entitled to sign and file papers, enter appearances and receive payments on judgments, decrees or orders. (ld, ) (Entered: 02/17/2016)
2016-02-1823COUNTERCLAIM for Declaratory and Injunctive Relief against NEW JERSEY INSTITUTE OF TECHNOLOGY, CLARA WILLIAMS, filed by FEDERAL BUREAU OF INVESTIGATION.(AMORE, CHRISTOPHER) (Entered: 02/18/2016)
2016-02-2924STATUS REPORT (JOINT) by FEDERAL BUREAU OF INVESTIGATION. (Attachments: # 1 Text of Proposed Order)(AMORE, CHRISTOPHER) (Entered: 02/29/2016)
2016-03-0225NOTICE of Appearance by ANDREW EVAN CARMICHAEL on behalf of FEDERAL BUREAU OF INVESTIGATION (CARMICHAEL, ANDREW) (Entered: 03/02/2016)
2016-03-03Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 3/3/2016. (kd) (Entered: 03/07/2016)
2016-03-0726ORDER STAYING CASE; the parties to file another status report no later than 6/15/2016. Signed by Magistrate Judge Leda D. Wettre on 3/7/2016. (nr, ) (Entered: 03/08/2016)
2016-06-1527STATUS REPORT (Joint) by FEDERAL BUREAU OF INVESTIGATION. (CARMICHAEL, ANDREW) (Entered: 06/15/2016)
2016-06-1728ORDER continuing the stay set forth in this Court's March 7, 2016 Order until 11/15/2016; the parties shall file another status report on or before 11/15/2016. Signed by Magistrate Judge Leda D. Wettre on 6/17/2016. (nr, ) Modified on 9/22/2016 (kd). (Entered: 06/17/2016)
2016-11-1529STATUS REPORT (Joint) by FEDERAL BUREAU OF INVESTIGATION. (CARMICHAEL, ANDREW) (Entered: 11/15/2016)
2016-11-1730TEXT ORDER - A telephone conference is scheduled for 01/24/2017 at 4:00 p.m. before Magistrate Judge Leda D. Wettre. Counsel shall initiate the call to Chambers at 973-645-3574 once representatives for all parties are on the line. The parties are to submit another joint status report on or before 01/18/2017. So Ordered by Magistrate Judge Leda D. Wettre on 11/17/2016. (kd) (Entered: 11/17/2016)
2016-11-2231TEXT ORDER - Rescheduling a Telephone Conference from 1/24/2017 at 3:00 pm to 1/24/2017 at 4:00 pm before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 11/22/2016. (kd) (Entered: 11/22/2016)
2017-01-1832STATUS REPORT (Joint) by FEDERAL BUREAU OF INVESTIGATION. (CARMICHAEL, ANDREW) (Entered: 01/18/2017)
2017-01-2033TEXT ORDER - In light of the January 18, 2017 joint status report (ECF No. 32), the January 24, 2017 telephone conference is adjourned. The parties shall appear for a telephonic status conference before the undersigned on March 9, 2017, at 3:00 p.m. Counsel shall initiate the call to Chambers at (973) 645-3574 once representatives for all parties are on the line. The parties shall electronically file another joint status report on or before March 6, 2017. So Ordered by Magistrate Judge Leda D. Wettre on 1/20/2017. (kd) (Entered: 01/20/2017)
2017-03-0634STATUS REPORT (Joint) by FEDERAL BUREAU OF INVESTIGATION. (CARMICHAEL, ANDREW) (Entered: 03/06/2017)
2017-03-0735TEXT ORDER - Per counsel's request, the Telephone Conference set for 3/9/2017 is adjourned to 4/18/2017 at 3:00 pm before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 3/7/2017. (kd) (Entered: 03/07/2017)
2017-04-1836TEXT ORDER The Court having conducted a telephonic case management conference on this date, and plaintiffs' counsel having expressed their intent to move for an award of attorneys fees, it is hereby ORDERED that plaintiffs' counsel submit a letter to the Court seeking pre-motion leave, including in such letter the basis for their proposed motion, on or before May 9, 2017; that defendants' counsel file responses to that letter on or before May 16, 2017; and that counsel appear for a telephonic conference with the Court regarding the issues raised in the letters on May 24, 2017, at 3 p.m. If plaintiffs' counsel opts to file a reply letter, it is permitted to do so without Court leave, provided such letter is filed on or before May 19, 2017. So Ordered by Magistrate Judge Leda D. Wettre on 4/18/17. (Wettre, Leda) (Entered: 04/18/2017)
2017-04-18Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 4/18/2017. (kd) (Entered: 04/18/2017)
2017-05-0937Letter from Bruce S. Rosen. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(ROSEN, BRUCE) (Entered: 05/09/2017)
2017-05-1638RESPONSE re 36 Order,,, 37 Letter. (POTTERS, GARY) (Entered: 05/16/2017)
2017-05-1639RESPONSE re 37 Letter. (CARMICHAEL, ANDREW) (Entered: 05/16/2017)
2017-05-1940REPLY to Response re 38 Response (NOT Motion), 39 Response (NOT Motion). (ROSEN, BRUCE) (Entered: 05/19/2017)
2017-05-24Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 5/24/2017. (kd) (Entered: 05/25/2017)
2017-06-1241TEXT ORDER There shall be a status telephone conference on July 5, 2017, at 4 p.m. Plaintiff's counsel shall initiate the call to Chambers at 973-645-3574. So Ordered by Magistrate Judge Leda D. Wettre on 6/12/17. (Wettre, Leda) (Entered: 06/12/2017)
2017-07-0542TEXT ORDER Defendant FBI is to submit a letter on or before July 21, 2017, setting forth its position regarding the order of briefing and/or decisions on the parties' proposed motions. Plaintiff's and NJIT's counsel are to file letters in response on or before August 4, 2017. So Ordered by Magistrate Judge Leda D. Wettre on 7/5/17. (Wettre, Leda) (Entered: 07/05/2017)
2017-07-05Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 7/5/2017. (kd) (Entered: 07/06/2017)
2017-07-2143Letter from DOJ re 42 Order,. (AMORE, CHRISTOPHER) (Entered: 07/21/2017)
2017-07-3144Letter from Gary Potters, Esq. Requesting Adjournment of Position Paper Due Date with Consent of Counsel. (POTTERS, GARY) (Entered: 07/31/2017)
2017-08-0245ORDER granting Defendant's 44 Letter request for a two week extension of time to submit their position paper in response to the recently filed submission on behalf of third-party defendant by 08/18/2017, etc. Signed by Magistrate Judge Leda D. Wettre on 08/01/2017. (ek) (Entered: 08/02/2017)
2017-08-1846Letter from Bruce Rosen re 43 Letter. (ROSEN, BRUCE) (Entered: 08/18/2017)
2017-08-1847Letter from Gary Potters, Esq. Re: NJIT Position on Motion Briefing. (POTTERS, GARY) (Entered: 08/18/2017)
2017-09-2248TEXT ORDER - A Telephone Conference set for 9/26/2017 at 09:45 AM before Magistrate Judge Leda D. Wettre. Once all parties are on the phone, please call Chambers at (973) 645-3574.So Ordered by Magistrate Judge Leda D. Wettre on 9/22/2017. (kd) (Entered: 09/22/2017)
2017-09-26Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Telephone Conference held on 9/26/2017. (kd) (Entered: 09/26/2017)
2017-10-0349Letter from Gary Potters, Esq. Requesting Extension for Submission of Proposed Briefing Schedule Due Date with Consent of Counsel. (POTTERS, GARY) (Entered: 10/03/2017)
2017-10-0450ORDER Granting 49 Letter from Gary Potters, Esq. Requesting Extension for Submission of Proposed Briefing Schedule Due Date with Consent of Counsel on 10/20/2017. Signed by Magistrate Judge Leda D. Wettre on 10/4/2017. (JB, ) (Entered: 10/05/2017)
2017-10-1951Letter from Gary Potters, Esq. re: Briefing Schedule. (POTTERS, GARY) (Entered: 10/19/2017)
2017-10-2052ORDER setting briefing schedule RE: Plaintiff's fee application. Signed by Magistrate Judge Leda D. Wettre on 10/20/17. (sr, ) (Entered: 10/20/2017)
2017-11-3053MOTION for Attorney Fees by DANIEL GOLDEN, TRACY LOCKE. (Attachments: # 1 Brief, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Text of Proposed Order)(ROSEN, BRUCE) (Entered: 11/30/2017)
2017-12-01Set Deadlines as to 53 MOTION for Attorney Fees . Motion set for 1/2/2018 before Judge Madeline Cox Arleo. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (JB, ) (Entered: 12/01/2017)
2017-12-2154BRIEF in Opposition filed by NEW JERSEY INSTITUTE OF TECHNOLOGY, CLARA WILLIAMS, CLARA WILLIAMS re 53 MOTION for Attorney Fees (Attachments: # 1 Certification of Gary Potters, Esq. with Exhibits in Support of Opposition to Plaintiffs' Motion for Attorneys' Fees, # 2 Stipulated Facts, # 3 Letter from Gary Potters, Esq. Requesting Oral Argument)(POTTERS, GARY) (Entered: 12/21/2017)
2018-01-1255REPLY BRIEF to Opposition to Motion filed by DANIEL GOLDEN, TRACY LOCKE re 53 MOTION for Attorney Fees (Attachments: # 1 Declaration of Katie Townsend)(ROSEN, BRUCE) (Entered: 01/12/2018)
2018-02-0856TEXT ORDER - Oral Argument on the pending motion for attorney's fees (ECF 55) is set for 2/15/2018 at 11:00 am in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre. So Ordered by Magistrate Judge Leda D. Wettre on 2/8/2018. (kd) (Entered: 02/08/2018)
2018-02-0857Letter from Bruce S. Rosen re 56 Order. (ROSEN, BRUCE) (Entered: 02/08/2018)
2018-02-0958TEXT ORDER - Per counsel's request, the Oral Argument is rescheduled from 2/15/2018 to 2/21/2018 at 11:00 am in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 2/9/2018. (kd) (Entered: 02/09/2018)
2018-02-2059TEXT ORDER - Rescheduling Oral Argument from 2/21/2018 to 3/5/2018 at 12:00 pm in Newark - Courtroom 3C before Magistrate Judge Leda D. Wettre.So Ordered by Magistrate Judge Leda D. Wettre on 2/20/2018. (kd) (Entered: 02/20/2018)
2018-03-05Minute Entry for proceedings held before Magistrate Judge Leda D. Wettre: Oral Argument held on 3/5/2018, on the record. (CD #ECR - 12:11.) (kd) (Entered: 03/05/2018)
2018-03-2160Transcript of Proceedings of an Oral Argument held on 3/5/2018, before Judge Leda Dunn Wettre. Court Reporter/Transcriber King Transcription Services/Sara L. Kern (973-237-6080). NOTICE REGARDING (1) REDACTION OF PERSONAL IDENTIFIERS IN TRANSCRIPTS AND (2) MOTION TO REDACT AND SEAL: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript to comply with Fed.R.Civ.P.5.2(a) (personal identifiers). Parties seeking to redact and seal this Transcript, or portions thereof, pursuant to L.Civ.R. 5.3(g) must e-file a Motion to Redact and Seal utilizing the event `Redact and Seal Transcript/Digital Recording`. Redaction Request to Court Reporter/Transcription Agency due, but not filed, by 4/11/2018. Redacted Transcript Deadline set for 4/23/2018. Release of Transcript Restriction set for 6/19/2018. (sm, ) (Entered: 03/21/2018)
2018-04-2561REPORT AND RECOMMENDATIONS re 53 MOTION for Attorney Fees filed by TRACY LOCKE, DANIEL GOLDEN Objections, if any, to R&R due by 5/9/2018. Signed by Magistrate Judge Leda D. Wettre on 4/25/2018. (JB, ) (Entered: 04/25/2018)
2018-05-0962RESPONSE re 61 REPORT AND RECOMMENDATIONS re 53 MOTION for Attorney Fees filed by TRACY LOCKE, DANIEL GOLDEN. (Attachments: # 1 Declaration of Katie Townsend)(ROSEN, BRUCE) (Entered: 05/09/2018)
2018-05-1063Letter from Gary Potters, Esq. Requesting to Respond to Plaintiffs' Objections to the Report and Recommendation of Magistrate Wettre's denial of Plaintiffs' Motion for Attorneys' Fees re 61 REPORT AND RECOMMENDATIONS re 53 MOTION for Attorney Fees filed by TRACY LOCKE, DANIEL GOLDEN, 62 Response (NOT Motion). (POTTERS, GARY) (Entered: 05/10/2018)
2018-05-1864ORDER Defendant's 63 Letter requesting the Court's permission to file a response to Plaintiffs' Objections to the Report and Recommendation of Magistrate Wettre's denial of plaintiffs' motion for attorneys' fees, etc. Signed by Judge Madeline Cox Arleo on 05/17/2018. (ek) (Entered: 05/18/2018)
2018-06-0165BRIEF in Opposition to Plaintiffs' Objections to Report and Recommendation of Magistrate Judge Denying Plaintiffs' Motion for Attorneys' Fees (Attachments: # 1 Certification of Gary Potters, Esq. in Support of Opposition)(POTTERS, GARY) (Entered: 06/01/2018)
2018-08-0266ORDER ADOPTING REPORT AND RECOMMENDATIONS for 61 Report and Recommendations, 53 Motion for Attorney Fees filed by TRACY LOCKE, DANIEL GOLDEN. Signed by Judge Madeline Cox Arleo on 08/02/2018. (ek) (Entered: 08/02/2018)
2018-09-1467ORDER OF DISMISSAL, etc. Signed by Judge Madeline Cox Arleo on 09/14/2018. (ek) (Entered: 09/14/2018)
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