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Case TitleSpadaro v. United States Customs and Border Protection et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv00016
Date Filed2016-01-04
Date Closed2019-03-27
JudgeJudge Richard J. Sullivan
PlaintiffSaro Spadaro
Case DescriptionSaro Spadaro, an Italian citizen living in St. Maarten engaged in the hotel/tourism and real estate investment business, submitted FOIA requests to U.S. Customs and Border Protection, U.S. Citizenship and Immigration Services, the Department of State, and the FBI for records indicating why he has been prevented from entering the United States. Spadaro's father had been identified as having Mafia connections, but Spadaro indicated he himself had no Mafia connection. However, he came to believe that the FBI was the source of the derogatory information about him that prevented him from entering the U.S. He submitted FOIA requests to the FBI, State, CBP, and CIS. The FBI issued a Glomar response neither confirming nor denying the existence of records, citing Exemption 7(A) (interference with ongoing investigation or proceeding) as the basis of its claim. Spadaro appealed the decision, which was upheld. CIS also responded, providing 32 records with redactions made under Exemption 7(C) (invasion of privacy concerning law enforcement records) and Exemption 7(E) (investigative methods and techniques). Spadaro appealed the decision which was upheld by the agency. Neither CBP nor the State Department responded to Spadaro's request beyond acknowledging receipt of the requests. Spadaro then filed suit against all four agencies.
Complaint issues: Litigation - In camera review, Failure to respond within statutory time limit, Litigation - Attorney's fees, Litigation - Vaughn index

DefendantUnited States Customs and Border Protection
DefendantUnited States Department of State
DefendantFederal Bureau of Investigation
DefendantUnited States Citizenship and Immigration Services
DefendantUnited States Department of Justice
AppealSecond Circuit 19-1157
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [106]
FOIA Project Annotation: A federal court in New York has ruled that the FBI did not waive its ability to claim Exemption 5 (privileges) and Exemption 7(E) (investigative methods or techniques) when it shared information about Saro Spadaro with the Anguilla Police Force. Spadaro claimed that the agency's decision to disclose more records until its Exemption 7(E) claims applied only to a remaining 40 records suggested bad faith. Spadaro also argued that the agency's misconduct constituted a waiver of exemptions. Showing its frustration at the way Spardaro's attorney had argued that case, the court noted that "these efforts reflect the tactics that Plaintiff's counsel has used throughout this litigation; rather than engage directly with the government's detailed affidavits and straightforward legal arguments, Plaintiff's counsel makes broad allegations without citation to apposite authority. And Plaintiff's bald assertions that the government has submitted only 'vague and sweeping attempts at justification' is belied by the government's supplemental submissions themselves, which reflect a good-faith effort to comply with the requirements of FOIA." Spardaro argued that the letter to the Anguilla Police Force waived all exemptions. Rejecting the claim, the court noted that "a broad subject-matter waiver doctrine would defeat the entire purpose of the deliberative process privilege; government actors must be able to discuss a subject in a 'predecisional' and 'deliberative' manner without fear that disclosure of their final decision will waive privilege as to all precursor communications."
Issues: Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Waiver of privilege
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2016-01-041COMPLAINT against Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of State. (Filing Fee $ 400.00, Receipt Number 0208-11793992)Document filed by Saro Spadaro. (Attachments: # 1 Exhibit 1 -15, # 2 Exhibit 16 - 30)(Groban, Robert) (Entered: 01/04/2016)
2016-01-042CIVIL COVER SHEET filed. (Groban, Robert) (Entered: 01/04/2016)
2016-01-043FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Saro Spadaro. (Groban, Robert) Modified on 1/5/2016 (pc). (Entered: 01/04/2016)
2016-01-044FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by Saro Spadaro. (Groban, Robert) Modified on 1/5/2016 (pc). (Entered: 01/04/2016)
2016-01-045FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by Saro Spadaro. (Groban, Robert) Modified on 1/5/2016 (pc). (Entered: 01/04/2016)
2016-01-046FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by Saro Spadaro. (Groban, Robert) Modified on 1/5/2016 (pc). (Entered: 01/04/2016)
2016-01-047FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Civil Process Clerk, U.S. Attorney's Office for the Southern District of New York, Civil Division, re: 1 Complaint,. Document filed by Saro Spadaro. (Groban, Robert) Modified on 1/5/2016 (pc). (Entered: 01/04/2016)
2016-01-048FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Loretta E. Lynch, Attorney General of the United States, re: 1 Complaint,. Document filed by Saro Spadaro. (Groban, Robert) Modified on 1/5/2016 (pc). (Entered: 01/04/2016)
2016-01-05***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Robert S. Groban, Jr.. The following case opening statistical information was erroneously selected/entered: County code New York. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of U.S. (pc) (Entered: 01/05/2016)
2016-01-05***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Robert S. Groban, Jr.. The party information for the following party/parties has been modified: Saro Spadaro. The information for the party/parties has been modified for the following reason/reasons: party text was omitted. (pc) (Entered: 01/05/2016)
2016-01-05***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 3 Request for Issuance of Summons, 7 Request for Issuance of Summons, 6 Request for Issuance of Summons, 8 Request for Issuance of Summons, 4 Request for Issuance of Summons, 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Caption title must exactly match what is listed on the complaint. No acronyms. Civil Process Clerk and Loretta E. Lynch are not parties listed on the complaint or on ECF. (pc) (Entered: 01/05/2016)
2016-01-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard J. Sullivan. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 01/05/2016)
2016-01-05Magistrate Judge Kevin Nathaniel Fox is so designated. (pc) (Entered: 01/05/2016)
2016-01-05Case Designated ECF. (pc) (Entered: 01/05/2016)
2016-01-059NOTICE OF APPEARANCE by David John Clark on behalf of Saro Spadaro. (Clark, David) (Entered: 01/05/2016)
2016-01-0510FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Saro Spadaro. (Clark, David) Modified on 1/6/2016 (dgo). (Entered: 01/05/2016)
2016-01-0511REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Saro Spadaro. (Clark, David) (Entered: 01/05/2016)
2016-01-0512REQUEST FOR ISSUANCE OF SUMMONS as to United States Customs and Border Protection, re: 1 Complaint,. Document filed by Saro Spadaro. (Clark, David) (Entered: 01/05/2016)
2016-01-0513REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by Saro Spadaro. (Clark, David) (Entered: 01/05/2016)
2016-01-0514REQUEST FOR ISSUANCE OF SUMMONS as to United States Citizenship and Immigration Services, re: 1 Complaint,. Document filed by Saro Spadaro. (Clark, David) (Entered: 01/05/2016)
2016-01-0615ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation. (dgo) (Entered: 01/06/2016)
2016-01-0616ELECTRONIC SUMMONS ISSUED as to United States Citizenship and Immigration Services, U.S. Attorney and U.S. Attorney General. (dgo) (Entered: 01/06/2016)
2016-01-0617ELECTRONIC SUMMONS ISSUED as to United States Customs and Border Protection, U.S. Attorney and U.S. Attorney General. (dgo) (Entered: 01/06/2016)
2016-01-0618ELECTRONIC SUMMONS ISSUED as to United States Department of State, U.S. Attorney and U.S. Attorney General. (dgo) (Entered: 01/06/2016)
2016-01-0819SUMMONS RETURNED EXECUTED. United States Customs and Border Protection served on 1/7/2016, answer due 1/28/2016. Service was made by Certified Mail. Document filed by Saro Spadaro. (Attachments: # 1 Affidavit of Service)(Clark, David) (Entered: 01/08/2016)
2016-01-0820SUMMONS RETURNED EXECUTED. United States Department of State served on 1/7/2016, answer due 1/28/2016. Service was made by Certified Mail. Document filed by Saro Spadaro. (Attachments: # 1 Affidavit of Service)(Clark, David) (Entered: 01/08/2016)
2016-01-0821SUMMONS RETURNED EXECUTED. Federal Bureau of Investigation served on 1/7/2016, answer due 1/28/2016. Service was made by Certified Mail. Document filed by Saro Spadaro. (Attachments: # 1 Affidavit of Service)(Clark, David) (Entered: 01/08/2016)
2016-01-0822SUMMONS RETURNED EXECUTED. United States Citizenship and Immigration Services served on 1/7/2016, answer due 1/28/2016. Service was made by Certified Mail. Document filed by Saro Spadaro. (Attachments: # 1 Affidavit of Service)(Clark, David) (Entered: 01/08/2016)
2016-01-2523NOTICE OF APPEARANCE by Robert S. Groban, Jr on behalf of Saro Spadaro. (Groban, Robert) (Entered: 01/25/2016)
2016-01-2624NOTICE OF APPEARANCE by Jennifer Ann Jude on behalf of Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of State. (Jude, Jennifer) (Entered: 01/26/2016)
2016-01-2725ORDER: Initial Conference set for 3/16/2016 at 10:30 AM in Courtroom 905, 40 Centre Street, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 1/27/2016) (kgo) (Entered: 01/27/2016)
2016-02-1026ANSWER to 1 Complaint,. Document filed by Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of State.(Jude, Jennifer) (Entered: 02/10/2016)
2016-03-0227FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR AMENDED COMPLAINT amending 1 Complaint, against Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of State, United States Department of Justice.Document filed by Saro Spadaro. Related document: 1 Complaint, filed by Saro Spadaro. (Attachments: # 1 Exhibit 1 to the Amended Complaint, # 2 Exhibit 2 to the Amended Complaint, # 3 Exhibit 3 to the Amended Complaint, # 4 Exhibit 4 to the Amended Complaint, # 5 Exhibit 5 to the Amended Complaint, # 6 Exhibit 6 to the Amended Complaint, # 7 Exhibit 7 to the Amended Complaint, # 8 Exhibit 8 to the Amended Complaint, # 9 Exhibit 9 to the Amended Complaint, # 10 Exhibit 10 to the Amended Complaint, # 11 Exhibit 11 to the Amended Complaint, # 12 Exhibit 12 to the Amended Complaint, # 13 Exhibit 13 to the Amended Complaint, # 14 Exhibit 14 to the Amended Complaint, # 15 Exhibit 15 to the Amended Complaint, # 16 Exhibit 16 to the Amended Complaint, # 17 Exhibit 17 to the Amended Complaint, # 18 Exhibit 18 to the Amended Complaint, # 19 Exhibit 19 to the Amended Complaint, # 20 Exhibit 20 to the Amended Complaint, # 21 Exhibit 21 to the Amended Complaint, # 22 Exhibit 22 to the Amended Complaint, # 23 Exhibit 23 to the Amended Complaint, # 24 Exhibit 24 to the Amended Complaint, # 25 Exhibit 25 to the Amended Complaint, # 26 Exhibit 26 to the Amended Complaint, # 27 Exhibit 27 to the Amended Complaint, # 28 Exhibit 28 to the Amended Complaint, # 29 Exhibit 29 to the Amended Complaint, # 30 Exhibit 30 to the Amended Complaint)(Groban, Robert) Modified on 3/3/2016 (pc). (Entered: 03/02/2016)
2016-03-03***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Robert S. Groban, Jr. to RE-FILE re: Document No. 27 Amended Complaint, , , , , , , . The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected; opposing party did not consent to the amendment of the pleading; Court's leave has not been granted . Re-file the pleading using the event type Amended 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 . File the Exhibit to Pleading event found under the event list Other Documents and attach either opposing party's written consent or Court's leave. (pc) Modified on 3/4/2016 (pc). (Entered: 03/03/2016)
2016-03-0928JOINT LETTER addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr., and Jennifer Jude dated March 9, 2016 re: Jointly Submitted Case Management Plan And Scheduling Order. Document filed by Saro Spadaro. (Attachments: # 1 Proposed Case Management Plan And Scheduling Order)(Groban, Robert) (Entered: 03/09/2016)
2016-03-1029AMENDED COMPLAINT amending 1 Complaint, against United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.Document filed by Saro Spadaro. Related document: 1 Complaint, filed by Saro Spadaro. (Attachments: # 1 Exhibit 1-15, # 2 Exhibit 16-31, # 3 Stipulation Pursuant to FRCP 15 Permitting Amended Complaint)(Groban, Robert) (Entered: 03/10/2016)
2016-03-16Minute Entry for proceedings held before Judge Richard J. Sullivan: On March 16, 2016 at 10:35am , the Court held an initial conference in this matter. Attorneys David Clark and Robert Groban, Jr., present for Plaintiff. AUSA Jennifer Jude present for Defendants. Court reporter present. By June 17, 2016, the parties shall submit a joint status letter apprising the Court of the status of document production and how the parties propose to proceed. (Ruff, Robert) Modified on 3/16/2016 (ca). (Entered: 03/16/2016)
2016-03-1630ORDER: IT IS HEREBY ORDERED THAT, by June 17, 2016, the parties shall submit a joint status letter apprising the Court of the status of Defendants' document production and how the parties propose to proceed. SO ORDERED. (Signed by Judge Richard J. Sullivan on 3/16/2016) (ama) (Entered: 03/16/2016)
2016-03-2331ANSWER to 29 Amended Complaint,. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Jude, Jennifer) (Entered: 03/23/2016)
2016-03-2432TRANSCRIPT of Proceedings re: conference held on 3/16/2016 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Andrew Walker, (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 4/18/2016. Redacted Transcript Deadline set for 4/28/2016. Release of Transcript Restriction set for 6/27/2016.(McGuirk, Kelly) (Entered: 03/24/2016)
2016-03-2433NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a conference proceeding held on 3/16/16 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: 03/24/2016)
2016-06-1734JOINT LETTER addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated June 17, 2016 re: status of Defendants' document productions and how the parties propose to proceed. Document filed by Saro Spadaro.(Groban, Robert) (Entered: 06/17/2016)
2016-06-1735MEMO ENDORSEMENT on re: 34 Letter filed by Saro Spadaro. ENDORSEMENT: IT IS HEREBY ORDERED THAT, by August 15, 2016, the parties shall submit a joint letter apprising the Court of the status of Defendants' document productions and how the parties propose to proceed. (Signed by Judge Richard J. Sullivan on 6/17/2016) (mro) (Entered: 06/20/2016)
2016-08-1536JOINT LETTER addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr., and Jennifer Jude dated August 15, 2016 re: Status of Defendants' Document Productions And How The Parties Propose to Proceed. Document filed by Saro Spadaro.(Groban, Robert) (Entered: 08/15/2016)
2016-08-1537MEMO ENDORSEMENT on re: 36 Letter regarding status of Defendants' Document Productions And How The Parties Propose to Proceed, filed by Saro Spadaro. ENDORSEMENT: IT IS HEREBY ORDERED THAT the government shall complete its production by October 31, 2016. (Signed by Judge Richard J. Sullivan on 8/15/2016) (tro) (Entered: 08/16/2016)
2016-10-3138LETTER MOTION for Extension of Time to Complete Document Production addressed to Judge Richard J. Sullivan from Jennifer Jude dated 10/31/16. Document filed by Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Jude, Jennifer) (Entered: 10/31/2016)
2016-11-0139ORDER granting 38 Letter Motion for Extension of Time. IT IS HEREBY ORDERED THAT the government's deadline to complete document production is extended to November 14, 2016. On the same date, the parties shall submit a joint letter proposing next steps in this matter. (Signed by Judge Richard J. Sullivan on 11/1/2016) (mro) (Entered: 11/02/2016)
2016-11-1440LETTER addressed to Judge Richard J. Sullivan from Jennifer Jude dated 11/14/16 re: Case Status and Proposal. Document filed by Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Jude, Jennifer) (Entered: 11/14/2016)
2016-11-1441MEMO ENDORSEMENT on re: 40 Letter re: Case Status and Proposal, filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, Federal Bureau of Investigation. ENDORSEMENT: IT IS HEREBY ORDERED THAT the parties shall submit a joint letter by December 9, 2016 updating the Court on the status of their negotiations and proposing next steps. (Signed by Judge Richard J. Sullivan on 11/14/2016) (cla) (Entered: 11/15/2016)
2016-12-0942LETTER addressed to Judge Richard J. Sullivan from Jennifer Jude dated 12/9/16 re: Status Update and Proposal. Document filed by Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Jude, Jennifer) (Entered: 12/09/2016)
2016-12-0943MEMO ENDORSEMENT on re: 42 Letter re: Status Update and Proposal, filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, Federal Bureau of Investigation. ENDORSEMENT: SO ORDERED. (Signed by Judge Richard J. Sullivan on 12/9/2016) (cla) (Entered: 12/12/2016)
2016-12-2044LETTER addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated December 20, 2016 re: Status Update and Proposed Briefing Schedule. Document filed by Saro Spadaro.(Clark, David) (Entered: 12/20/2016)
2016-12-2145MEMO ENDORSEMENT on re: 44 Letter filed by Saro Spadaro ENDORSEMENT: Pursuant to Rule 2.A of the Court's Individual Rules and Practices, parties must submit a pre-motion letter before filing any motion not listed in the rule's exceptions. Accordingly, IT IS HEREBY ORDERED THAT any party who wishes to make a motion for summary judgment shall file a pre-motion letter by March 13, 2017, setting forth the basis for the anticipated motion as required by Rule 2.A, and any party opposing the anticipated motion shall file a response by March 16, 2017. (Motions due by 3/13/2017., Responses due by 3/16/2017) (Signed by Judge Richard J. Sullivan on 12/21/2016) (cf) (Entered: 12/22/2016)
2017-03-0946LETTER MOTION for Extension of Time to File Pre-Motion Letter addressed to Judge Richard J. Sullivan from Jennifer Jude dated 3/9/17. Document filed by Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Jude, Jennifer) (Entered: 03/09/2017)
2017-03-0947ORDER granting 46 Letter Motion for Extension of Time: The government's request is GRANTED. The deadline to file a pre-motion letter for summary judgment is extended to April 21, 2017. (Signed by Judge Richard J. Sullivan on 3/9/2017) (jwh) (Entered: 03/09/2017)
2017-04-2048NOTICE OF APPEARANCE by Stephen Seungkun Cha-Kim on behalf of United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 04/20/2017)
2017-04-2049LETTER MOTION for Conference in Advance of Defendants' Motion for Summary Judgment addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated 4/20/2017. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 04/20/2017)
2017-04-2050MEMO ENDORSEMENT on re: 49 LETTER MOTION for Conference in Advance of Defendants' Motion for Summary Judgment addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated 4/20/2017 filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice. ENDORSEMENT: Pursuant to the Court's Individual Rules and Practices, Rule 2.A, Plaintiff shall file a letter response to Defendants' pre-motion letter by Tuesday, April 25, 2017. (Signed by Judge Richard J. Sullivan on 4/20/2017) (ras) (Entered: 04/20/2017)
2017-04-2151LETTER MOTION for Conference re: 49 LETTER MOTION for Conference in Advance of Defendants' Motion for Summary Judgment addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated 4/20/2017. addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated April 21, 2017. Document filed by Saro Spadaro.(Groban, Robert) (Entered: 04/21/2017)
2017-04-2252ORDER granting 51 Letter Motion for Conference Pre-Motion Conference set for 5/4/2017 at 12:00 PM before Judge Richard J. Sullivan. IT IS HEREBY ORDERED that the parties shall appear for a pre-motion conference on their contemplated cross-motions for summary judgment on Thursday, May 4, 2017 at 12:00 p.m. (Signed by Judge Richard J. Sullivan on 4/22/2017) (ras) (Entered: 04/24/2017)
2017-05-0453NOTICE OF APPEARANCE by Matthew Savage Aibel on behalf of Saro Spadaro. (Aibel, Matthew) (Entered: 05/04/2017)
2017-05-08Minute Entry for proceedings held before Judge Richard J. Sullivan: Initial Pretrial Conference held on 5/4/2017. Government's motion for summary judgment due by June 15, 2017; Plaintiff's cross-motion due by August 14, 2017; government's reply, if it chooses to submit one, due by August 28, 2017; Plaintiff's reply, if it chooses to submit one, due by September 11, 2017. (Kelley, Mark) (Entered: 05/08/2017)
2017-06-1254LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated June 12, 2017. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 06/12/2017)
2017-06-1355ORDER granting 54 Letter Motion for Extension of Time. Defendants' request for an extension of time to file a motion for summary judgment, and for leave to file a memorandum of law of up to 35 pages in length, is GRANTED. Defendants' brief is due by July 14, 2017, Plaintiff's cross-motion and response is due by September 15, 2017, Defendants' reply is due by September 29, 2017, and Plaintiff's reply is due by October 13, 2017. So Ordered. (Cross Motions due by 9/15/2017. Motions due by 7/14/2017.) (Signed by Judge Richard J. Sullivan on 6/13/17) (yv) (Entered: 06/13/2017)
2017-06-13Set/Reset Deadlines: Responses due by 9/15/2017. Replies due by 10/13/2017. (yv) (Entered: 06/13/2017)
2017-07-1256LETTER MOTION for Leave to File Affidavits and Exhibits addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated July 12, 2017. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 07/12/2017)
2017-07-1357ORDER granting 56 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that the government may file nine affidavits in support of its motion for summary judgment, and that the affidavits may exceed the page and exhibit number limits set forth in Rule 2(H) of the Court's Individual Rules and Practices. (Signed by Judge Richard J. Sullivan on 7/13/2017) (ras) (Entered: 07/13/2017)
2017-07-1458FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 59 Motion) - MOTION for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) Modified on 7/17/2017 (db). (Entered: 07/14/2017)
2017-07-1459MOTION for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1460MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1461DECLARATION of Jill Eggleston in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exh. A, # 2 Exh. B, # 3 Exh. C, # 4 Exh. D, # 5 Exh. E, # 6 Exh. F, # 7 Exh. G)(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1462DECLARATION of Shari Suzuki in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exh. A, # 2 Exh. B, # 3 Exh. C, # 4 Exh. D, # 5 Exh. E)(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1463DECLARATION of Eric Stein in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exh. 1, # 2 Exh. 2, # 3 Exh. 3, # 4 Exh. 4, # 5 Exh. 5, # 6 Exh. 6, # 7 Exh. 7, # 8 Exh. 8, # 9 Exh. 9, # 10 Exh. 10, # 11 Exh. 11, # 12 Exh. 12)(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1464DECLARATION of David Hardy in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exh. A, # 2 Exh. B, # 3 Exh. C, # 4 Exh. D, # 5 Exh. E, # 6 Exh. F, # 7 Exh. G, # 8 Exh. H, # 9 Exh. I, # 10 Exh. J, # 11 Exh. K, # 12 Exh. L, # 13 Exh. M, # 14 Exh. N, # 15 Exh. O, # 16 Exh. P, # 17 Exh. Q, # 18 Exh. R, # 19 Exh. S, # 20 Exh. T)(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1465DECLARATION of Katherine Myrick in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exh. A)(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1466DECLARATION of Stephanie Tell in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1467DECLARATION of Catrina Pavlik-Keenan in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1468DECLARATION of Eric Stein on Documents Referred by FBI in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exh. 1)(Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-07-1469NOTICE of Classified Filing re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 07/14/2017)
2017-09-0770CONSENT LETTER MOTION for Leave to File Excess Pages addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated September 7, 2017., CONSENT LETTER MOTION for Leave to File Additional Exhibits addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated September 7, 2017. Document filed by Saro Spadaro.(Groban, Robert) (Entered: 09/07/2017)
2017-09-0871ORDER granting 70 Letter Motion for Leave to File Excess Pages; granting 70 Letter Motion for Leave to File Document. IT IS HEREBY ORDERED that Plaintiff is granted leave to file a memorandum of law of up to thirty-five pages, and to file affidavits and exhibits in excess of the limits set forth in the Court's individual Rule 2.H. So Ordered. (Signed by Judge Richard J. Sullivan on 9/8/17) (yv) (Entered: 09/08/2017)
2017-09-1572CROSS MOTION for Summary Judgment and to Strike Classified Filing . Document filed by Saro Spadaro.(Groban, Robert) (Entered: 09/15/2017)
2017-09-1573MEMORANDUM OF LAW in Opposition re: 59 MOTION for Summary Judgment ., 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing . . Document filed by Saro Spadaro. (Groban, Robert) (Entered: 09/15/2017)
2017-09-1574RULE 56.1 STATEMENT. Document filed by Saro Spadaro. (Groban, Robert) (Entered: 09/15/2017)
2017-09-1575DECLARATION of Robert Leighton, Esq. in Opposition re: 59 MOTION for Summary Judgment ., 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing .. Document filed by Saro Spadaro. (Groban, Robert) (Entered: 09/15/2017)
2017-09-1576DECLARATION of Saro Spadaro in Opposition re: 59 MOTION for Summary Judgment ., 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing .. Document filed by Saro Spadaro. (Attachments: # 1 Exhibit 1 Page produced by FBI, # 2 Exhibit 2 Pages produced by FBI, # 3 Exhibit 3 Pages produced by FBI, # 4 Exhibit 4 Italian legal documents, # 5 Exhibit 5 Italian legal documents, # 6 Exhibit 6 Email regarding visa revocation, # 7 Exhibit 7 Pages produced by FBI, # 8 Exhibit 8 Letter from FBI to Bob Leighton, # 9 Exhibit 9 Pages produced by FBI, # 10 Exhibit 10 Pages produced by FBI, # 11 Exhibit 11 Pages produced by FBI, # 12 Exhibit 12 Pages produced by FBI, # 13 Exhibit 13 Pages produced by FBI, # 14 Exhibit 14 Pages produced by FBI, # 15 Exhibit 15 Pages produced by FBI, # 16 Exhibit 16 Business cards of agents, # 17 Exhibit 17 Letter from FBI to Anguilla)(Groban, Robert) (Entered: 09/15/2017)
2017-09-1577DECLARATION of Massimo Canale in Opposition re: 59 MOTION for Summary Judgment ., 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing .. Document filed by Saro Spadaro. (Attachments: # 1 Exhibit A Italian legal documents, # 2 Exhibit B Italian legal documents, # 3 Exhibit C Italian legal documents)(Groban, Robert) (Entered: 09/15/2017)
2017-09-1578DECLARATION of Robert S. Groban, Esq. in Opposition re: 59 MOTION for Summary Judgment ., 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing .. Document filed by Saro Spadaro. (Attachments: # 1 Exhibit 1 Amended Complaint, # 2 Exhibit 2 Answer to Amended Complaint, # 3 Exhibit 3 Pages produced by FBI, # 4 Exhibit 4 Pages produced by FBI, # 5 Exhibit 5 Pages produced by FBI, # 6 Exhibit 6 Letter with FBI Fact Sheet, # 7 Exhibit 7 Pages produced by FBI, # 8 Exhibit 8 Pages produced by FBI, # 9 Exhibit 9 Pages produced by FBI)(Groban, Robert) (Entered: 09/15/2017)
2017-10-0279LETTER MOTION for Extension of Time to File Defendants' Reply addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated 10/2/2017. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 10/02/2017)
2017-10-0280LETTER RESPONSE to Motion addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated October 2, 2017 re: 79 LETTER MOTION for Extension of Time to File Defendants' Reply addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated 10/2/2017. (Plaintiff Does Not Consent to Defendants' Motion For an Extension, However, if The Court Grants Defendants' Motion, Then Plaintiff Respectfully Requests a Similar One Month Extension to File Reply Papers on His Cross-Motion) . Document filed by Saro Spadaro. (Groban, Robert) (Entered: 10/02/2017)
2017-10-0481MEMO ENDORSEMENT on re: 80 LETTER RESPONSE granting 79 Letter Motion for Extension of Time. ENDORSEMENT: The Court is inclined to deny the government's request for an extension of its deadline to file an opposition/reply brief to Plaintiff's cross-motion for summary judgment. Nevertheless, because the Court is persuaded that further briefing on the parties' cross-motions for summary judgment would ultimately be useful to the Court, IT IS HEREBY ORDERED that the government's deadline to submit an opposition/reply is adjourned until Monday, October 9, 2017, and that Plaintiff's deadline to submit a reply is adjourned until Monday, October 23, 2017. (Signed by Judge Richard J. Sullivan on 10/4/2017) (ras) (Entered: 10/04/2017)
2017-10-04Set/Reset Deadlines: Responses due by 10/9/2017. Replies due by 10/23/2017. (ras) (Entered: 10/04/2017)
2017-10-0582LETTER MOTION for Leave to File Excess Pages addressed to Judge Richard J. Sullivan from Stephen Cha-Kim dated 10/5/2017. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 10/05/2017)
2017-10-0683ORDER granting 82 Letter Motion for Leave to File Excess Pages. SO ORDERED. (Signed by Judge Richard J. Sullivan on 10/5/2017) (ras) (Entered: 10/06/2017)
2017-10-0984REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross Motion for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 10/09/2017)
2017-10-2385REPLY MEMORANDUM OF LAW in Support re: 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing . . Document filed by Saro Spadaro. (Groban, Robert) (Entered: 10/23/2017)
2018-02-2686ORDER: IT IS HEREBY ORDERED THAT the parties shall appear for a status conference and oral argument in this matter on Wednesday, March 7, 2018 at 11:30 a.m. in Courtroom 905 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. SO ORDERED. Status Conference set for 3/7/2018 at 11:30 AM in Courtroom 905, 40 Foley Square, New York, NY 10007 before Judge Richard J. Sullivan. (Signed by Judge Richard J. Sullivan on 2/26/2018) (rj) . (Entered: 02/27/2018)
2018-03-0787ORDER: IT IS HEREBY ORDERED THAT the conference and oral argument currently scheduled to occur on Wednesday, March 7, 2018 at 11:30 a.m. shall be adjourned to Monday, March 12, 2018 at 2:00 p.m. (Status Conference set for 3/12/2018 at 02:00 PM before Judge Richard J. Sullivan.) (Signed by Judge Richard J. Sullivan on 3/7/2018) (ras) (Entered: 03/08/2018)
2018-03-12Minute Entry for proceedings held before Judge Richard J. Sullivan: Oral Argument held on 3/12/2018 re: 59 MOTION for Summary Judgment . filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, 72 CROSS MOTION for Summary Judgment and to Strike Classified Filing . filed by Saro Spadaro. David John Clark and Robert S. Groban, Jr. present for Plaintiff. Stephen Seungkun Cha-Kim present for the government. As set forth on the record and in a separately docketed order, the Court granted in part and denied in part the government's motion for summary judgment, and denied Plaintiff's cross-motion for summary judgment without prejudice to renewal. The parties are directed to file a joint status update, including a proposed briefing schedule as to the remaining issues, if any, no later than March 26, 2018. (Nommensen, Sara) (Entered: 03/12/2018)
2018-03-1388ORDER granting in part and denying in part 59 Motion for Summary Judgment; denying 72 Motion for Summary Judgment. On March 12, 2018, the Court held oral argument on the parties' cross-motions for summary judgment. For the reasons stated on the record, Defendants' motion is granted in part and denied in part, while Plaintiff's cross-motion is denied. Specifically, the Court found that each of the Defendants conducted an adequate search for records, and that Defendants properly relied on Exemptions 1, 3, 5, 6, 7(C), and 7(D) to withhold certain documents and to redact others. See Carney v. U.S. Dep't of Justice, 19 F.3d 807, 812 (2d Cir. 1994) ("[T]o prevail on a motion for summary judgment in a FOIA case, the defending agency has the burden of showing that its search was adequate and that any withheld documents fall within an exemption to the FOIA."); see also 5 U.S.C. §552(b) (FOIA exemptions). The Court determined, however, that Defendants had not sustained their burden with respect to the withholdings claimed under Exemption 7(E) because the Court was unable to determine from Defendants' largely boilerplate explanations and Vaughn Indices whether those withholdings fall within the bounds of that exemption. Accordingly, as stated on the record, IT IS HEREBY ORDERED THAT the parties shall confer and submit a joint letter to the Court no later than March 26, 2018 setting forth their respective positions as to next steps in this litigation. If either party wishes to renew their motions with respect to the documents covered by Exemption 7(E), they shall provide a brief summary of the contemplated motion and include a proposed briefing schedule as necessary. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 59 and 72. (Signed by Judge Richard J. Sullivan on 3/13/2018) (mro) (Entered: 03/14/2018)
2018-03-2689JOINT LETTER addressed to Judge Richard J. Sullivan from Robert S. Groban, Jr. dated March 26, 2018 re: Status of Action And Proposed Schedule. Document filed by Saro Spadaro. (Attachments: # 1 Transcript of March 12, 2018 Oral Argument)(Groban, Robert) (Entered: 03/26/2018)
2018-03-2790TRANSCRIPT of Proceedings re: CONFERENCE held on 3/12/2018 before Judge Richard J. Sullivan. Court Reporter/Transcriber: Alena Lynch, (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 4/17/2018. Redacted Transcript Deadline set for 4/27/2018. Release of Transcript Restriction set for 6/25/2018.(McGuirk, Kelly) (Entered: 03/27/2018)
2018-03-2791NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 3/12/18 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: 03/27/2018)
2018-05-0792SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 59 MOTION for Summary Judgment . With Respect to Exemption 7(E) . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 05/07/2018)
2018-05-0793DECLARATION of David Hardy in Support re: 59 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Attachments: # 1 Exhibit Supplemental Index)(Cha-Kim, Stephen) (Entered: 05/07/2018)
2018-05-1794ORDER: For the reasons set forth above, IT IS HEREBY ORDERED THAT the parties shall comply with the following briefing schedule: The parties shall file renewed cross-motions for summary judgment no later than June 7, 2018. Specifically, Plaintiff shall address the Exemption 5 issue, and both parties shall address the issue of segregability. Response briefs from each party shall be due no later than June 28, 2018; SO ORDERED., ( Cross Motions due by 6/7/2018., Responses due by 6/28/2018) (Signed by Judge Richard J. Sullivan on 5/17/2018) (ama) (Entered: 05/17/2018)
2018-05-3195MOTION for Summary Judgment . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State.(Cha-Kim, Stephen) (Entered: 05/31/2018)
2018-05-3196MEMORANDUM OF LAW in Support re: 95 MOTION for Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 05/31/2018)
2018-06-0797MOTION for Summary Judgment (Renewed Per Court Order) . Document filed by Saro Spadaro. Responses due by 6/28/2018(Groban, Robert) (Entered: 06/07/2018)
2018-06-0798DECLARATION of David J. Clark in Support re: 97 MOTION for Summary Judgment (Renewed Per Court Order) .. Document filed by Saro Spadaro. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Groban, Robert) (Entered: 06/07/2018)
2018-06-0799MEMORANDUM OF LAW in Support re: 97 MOTION for Summary Judgment (Renewed Per Court Order) . . Document filed by Saro Spadaro. (Groban, Robert) (Entered: 06/07/2018)
2018-06-28100MEMORANDUM OF LAW in Opposition re: 95 MOTION for Summary Judgment . . Document filed by Saro Spadaro. (Groban, Robert) (Entered: 06/28/2018)
2018-06-28101DECLARATION of David J. Clark in Opposition re: 95 MOTION for Summary Judgment .. Document filed by Saro Spadaro. (Attachments: # 1 Exhibit 1. New Unredacted Production by DOJ, # 2 Exhibit 2. Previous Redacted Production by DOJ, # 3 Exhibit 3. Additional Pages Produced by the DOJ)(Groban, Robert) (Entered: 06/28/2018)
2018-06-28102MEMORANDUM OF LAW in Opposition re: 97 MOTION for Summary Judgment (Renewed Per Court Order) . . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 06/28/2018)
2018-07-05103REPLY MEMORANDUM OF LAW in Support re: 95 MOTION for Summary Judgment . . Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 07/05/2018)
2018-07-05104DECLARATION of Michael G. Seidel in Support re: 95 MOTION for Summary Judgment .. Document filed by United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State. (Cha-Kim, Stephen) (Entered: 07/05/2018)
2018-12-27105STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (ne) (Entered: 01/03/2019)
2018-12-27Case Stayed (ne) (Entered: 01/14/2019)
2018-12-27Terminate Transcript Deadlines (ne) (Entered: 01/14/2019)
2019-03-25106OPINION & ORDER re: 95 MOTION for Summary Judgment filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, 97 MOTION for Summary Judgment (Renewed Per Court Order) filed by Saro Spadaro. For the reasons state above, the government's renewed motion for summary judgment is GRANTED, and Plaintiff's renewed motion for summary judgment is DENIED. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 95 and 97 and to close this case. (Signed by Judge Richard J. Sullivan on 3/25/2019) (mro) Transmission to Orders and Judgments Clerk for processing. (Entered: 03/26/2019)
2019-03-26106OPINION & ORDER re: 95 MOTION for Summary Judgment filed by United States Customs and Border Protection, United States Citizenship and Immigration Services, United States Department of State, United States Department of Justice, 97 MOTION for Summary Judgment (Renewed Per Court Order) filed by Saro Spadaro. For the reasons state above, the government's renewed motion for summary judgment is GRANTED, and Plaintiff's renewed motion for summary judgment is DENIED. The Clerk of Court is respectfully directed to terminate the motions pending at docket numbers 95 and 97 and to close this case. (Signed by Judge Richard J. Sullivan on 3/26/2019) (mro) Transmission to Orders and Judgments Clerk for processing. Modified on 3/27/2019 (mro). (Entered: 03/26/2019)
2019-03-27107CLERK'S JUDGMENT re: 106 Memorandum & Opinion. in favor of Federal Bureau of Investigation, United States Citizenship and Immigration Services, United States Customs and Border Protection, United States Department of Justice, United States Department of State against Saro Spadaro. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated March 26, 2019, the Governments renewed motion for summary judgment is granted, and Plaintiff's renewed motion for summary judgment is denied; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 03/27/2019) (Attachments: # 1 Notice of Right to Appeal)(dt) (Entered: 03/27/2019)
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