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Case TitleZhao v. Department of State
DistrictEastern District of New York
CityBrooklyn
Case Number1:2016cv07108
Date Filed2016-12-27
Date Closed2018-07-24
JudgeJudge Ann M Donnelly
PlaintiffWen Dong Zhao
Case DescriptionWen Dong Zhao submitted a FOIA request to the Department of State for copies of records he had provided in 2003 to the U.S. Embassy in Bangkok concerning his research pertaining to the Iraq war. After hearing nothing further from the agency, Zhao filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-12-271COMPLAINT against Department of State Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Wen Dong ZHAO. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons) (Chen, Yimin) (Entered: 12/27/2016)
2016-12-29NOTICE - the Clerk's Office cannot assign this case without a completed Civil Cover Sheet (missing second page). Counsel is directed to forward a completed Civil Cover Sheet, answering all questions in NY-E Division of Business Rule 50.1(d)(2) section on the second page. This document can be found under the event Proposed Summons/Civil Cover Sheet. (Bowens, Priscilla) (Entered: 12/29/2016)
2016-12-292Civil Cover Sheet.. Re Notice (Other), by Wen Dong Zhao (Chen, Yimin) (Entered: 12/29/2016)
2016-12-29Case assigned to Judge Ann M Donnelly and Chief Mag. Judge Roanne L. Mann. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 12/29/2016)
2016-12-293Summons Issued as to Department of State, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 12/29/2016)
2016-12-294In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 12/29/2016)
2016-12-295This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 12/29/2016)
2017-01-196NOTICE of Appearance by Ronald W. Kish on behalf of Department of State (aty to be noticed) (Kish, Ronald) (Entered: 01/19/2017)
2017-01-247NOTICE of Appearance by Joseph Anthony Marutollo on behalf of Department of State (aty to be noticed) (Marutollo, Joseph) (Entered: 01/24/2017)
2017-03-068ANSWER to 1 Complaint by Department of State. (Marutollo, Joseph) (Entered: 03/06/2017)
2017-03-079ELECTRONIC SCHEDULING ORDER: Initial Conference set for 4/6/2017 @ 2:00 p.m. in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE. Ordered by Chief Mag. Judge Roanne L. Mann on 3/7/2017. (Kelson, Lise) Modified on 3/7/2017 (Kelson, Lise). (Entered: 03/07/2017)
2017-03-0710Consent MOTION to Adjourn Conference by Department of State. (Marutollo, Joseph) (Entered: 03/07/2017)
2017-03-08ELECTRONIC ORDER granting 10 Motion to Adjourn Conference. Application is granted, on consent. The April 6th initial conference is adjourned to April 12, 2017 at noon. Ordered by Chief Mag. Judge Roanne L. Mann on 3/8/2017. (Kelson, Lise) (Entered: 03/08/2017)
2017-03-08Set/Reset Hearings: Initial Conference set for 4/12/2017 12:00 p.m. in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. (Kelson, Lise) (Entered: 03/08/2017)
2017-04-1211Minute Entry for proceedings held before Chief Mag. Judge Roanne L. Mann: Initial Conference Hearing held on 4/12/2017. Defendant is directed to serve and file declarations describing the search, and the applicable document retention policy or policies, by June 12, 2017. Requests for a premotion conference are due by June 28, 2017. See attached Minute Entry. (Kelson, Lise) (Entered: 04/12/2017)
2017-05-3112TRANSCRIPT of Proceedings held on April 12, 2017, before Judge Mann. Court Transcriber: Fiore Reporting and Transcription Service, Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 6/21/2017. Redacted Transcript Deadline set for 7/3/2017. Release of Transcript Restriction set for 8/29/2017. (Rocco, Christine) (Entered: 05/31/2017)
2017-05-3113Letter from Wen Dong Zhao to Chief Magistrate Judge Mann regarding case. (Ramesar, Thameera) (Entered: 06/01/2017)
2017-06-1214Letter in response to the Court's April 21, 2017 Order by Department of State (Attachments: # 1 Declaration of Eric F. Stein, # 2 Exhibit) (Marutollo, Joseph) (Entered: 06/12/2017)
2017-06-2615MOTION for pre motion conference by Department of State. (Attachments: # 1 Rule 56.1 Statement) (Marutollo, Joseph) (Entered: 06/26/2017)
2017-07-07ORDER granting 15 Motion for Pre-Motion Conference. The plaintiff is to file a Local Civil Rule 56.1 Counter-Statement by July 17, 2017. The parties are to appear for the Pre-Motion Conference on July 20, 2017 at 2:00pm in Courtroom 4G (North). Ordered by Judge Ann M Donnelly on 7/7/2017. (Trezza, Jillian) (Entered: 07/07/2017)
2017-07-1716RULE 56.1 STATEMENT Counter-Statement filed by Wen Dong Zhao. (Chen, Yimin) (Entered: 07/17/2017)
2017-07-1917Joint MOTION to Adjourn Conference for July 20, 2017 by Wen Dong Zhao. (Chen, Yimin) (Entered: 07/19/2017)
2017-07-19ORDER granting 17 Motion to Adjourn the Pre-Motion Conference previously scheduled for 7/20/2017. The parties are to appear for the Pre-Motion Conference on September 11, 2017 at 2:30PM in Courtroom 4G(North). Ordered by Judge Ann M Donnelly on 7/19/2017. (Trezza, Jillian) (Entered: 07/19/2017)
2017-08-0719ORDER re 18 Notice of Documents. Plaintiff Wen Dong Zhao, who is represented by counsel, has mailed documents to the Court that have been docketed as docket entry #18. Plaintiff's counsel shall advise her client that a represented party should communicate with the Court only through counsel. Given the nature of some of the information contained in docket entry #18, the Clerk is requested to docket that submission under seal, with access limited to counsel of record and court users. Ordered by Chief Mag. Judge Roanne L. Mann on 8/7/2017. (Pauley, Anders) (Entered: 08/07/2017)
2017-09-11Minute Entry for proceedings held before Judge Ann M Donnelly: Pre-Motion Conference held on 9/11/2017. Yimin Chen appeared for the plaintiff; Joseph Marutollo appeared for the defendant. The plaintiff is to file a letter with the Court by September 18, 2017, to advise whether the plaintiff would like to voluntarily dismiss this action. If the plaintiff wishes to move forward, the summary judgment motion schedule is as follows: the defendant will file its summary judgment motion by November 6, 2017; the plaintiff will file his opposition by December 6, 2017; the defendant will file its reply, if any, by December 20, 2017. (Court Reporter Anthony Frisolone.) (Trezza, Jillian) (Entered: 09/11/2017)
2017-09-1521Letter dated 9/12/2017 from Wen Dong Zhao to Judge Donnelly requesting "hope to appeal in open court." (Ramesar, Thameera) (Entered: 09/20/2017)
2017-09-1820Letter responding to the Court's inquiry about voluntary dismissal by Wen Dong Zhao (Chen, Yimin) (Entered: 09/18/2017)
2017-09-18ORDER: In light of the plaintiff's filing 20 , the parties are to follow the motion schedule set out in the Court's 9/11/2017 entry. Ordered by Judge Ann M Donnelly on 9/18/2017. (Trezza, Jillian) (Entered: 09/18/2017)
2017-09-20ORDER re 21 : The plaintiff's counsel is again reminded to ensure all of the plaintiff's submissions are filed exclusively through counsel. The Clerk is respectfully requested to docket the plaintiff's submission 21 under seal, with limited access to counsel of record and court users. Ordered by Judge Ann M Donnelly on 9/20/2017. (Trezza, Jillian) (Entered: 09/20/2017)
2017-11-0622MOTION for Summary Judgment by Department of State. (Marutollo, Joseph) (Entered: 11/06/2017)
2017-11-0623MEMORANDUM in Support re 22 MOTION for Summary Judgment filed by Department of State. (Marutollo, Joseph) (Entered: 11/06/2017)
2017-11-0624DECLARATION re 22 MOTION for Summary Judgment of Eric Stein by Department of State (Attachments: # 1 Exhibit) (Marutollo, Joseph) (Entered: 11/06/2017)
2017-11-0625RULE 56.1 STATEMENT re 22 MOTION for Summary Judgment filed by Department of State. (Marutollo, Joseph) (Entered: 11/06/2017)
2017-12-0526Letter Motion requesting extension of time to file Plaintiff's Opposition to Defendant's Motion for Summary Judgment by Wen Dong Zhao (Chen, Yimin) Modified on 12/5/2017 (Greene, Donna). (Entered: 12/05/2017)
2017-12-05ORDER granting 26 Motion for Extension of Time to File. The plaintiff is to file his opposition by January 5, 2018; the defendant is to file its reply by January 22, 2018. Ordered by Judge Ann M Donnelly on 12/5/2017. (Trezza, Jillian) (Entered: 12/05/2017)
2017-12-18ORDER: On 12/12/2017, the Plaintiff mailed documents to the Court. This is the third time that the plaintiff has done so. The Court will not accept or file these materials, but will forward them to the plaintiff's lawyer. The plaintiff's counsel is to advise her client that all communications and materials must be submitted through counsel. Ordered by Judge Ann M Donnelly on 12/18/2017. (Trezza, Jillian) (Entered: 12/18/2017)
2018-01-0527MEMORANDUM in Opposition re 22 MOTION for Summary Judgment filed by Wen Dong Zhao. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Affidavit Certificate of Translation, # 7 Certificate of Service) (Chen, Yimin) (Entered: 01/05/2018)
2018-01-11ORDER: On 1/9/2018, the plaintiff mailed documents to the Court. This is now the fourth time that the plaintiff has done so. The Court will not open or file these materials, and will forward them to the plaintiff's lawyer. Again, plaintiff's counsel should advise her client that all communications and materials must be submitted through counsel. Ordered by Judge Ann M Donnelly on 1/11/2018. (Trezza, Jillian) (Entered: 01/11/2018)
2018-01-1828REPLY in Support re 22 MOTION for Summary Judgment filed by Department of State. (Marutollo, Joseph) (Entered: 01/18/2018)
2018-01-1829Letter regarding delivery of courtesy copies by Department of State (Marutollo, Joseph) (Entered: 01/18/2018)
2018-02-2030Mail Returned as Undeliverable. Postal notation: Return to sender unable to forward. (Ramesar, Thameera) (Entered: 02/22/2018)
2018-07-0931Letter from Wen Dong Zhao to Judge Donnelly, regarding status of case. (Ramesar, Thameera) (Entered: 07/09/2018)
2018-07-10ORDER: The plaintiff failed to include a Rule 56.1 Counter-statement in his opposition papers. The plaintiff is directed to file a Counter-statement to the defendant's Local Civil Rule 56.1 Statement 25 by July 20, 2018. If the plaintiff fails to file a Counter-statement, the defendant's 56.1 Statement will be deemed admitted pursuant to Local Civil Rule 56.1(c). Ordered by Judge Ann M Donnelly on 7/10/2018. (Chen, Irisa) (Entered: 07/10/2018)
2018-07-2032RULE 56.1 STATEMENT filed by All Plaintiffs. (Chen, Yimin) (Entered: 07/20/2018)
2018-07-2333MEMORANDUM DECISION AND ORDER. I grant the defendant's motion for summary judgment. The Clerk is respectfully directed to enter judgment in favor of the defendant, dismissing this case. Ordered by Judge Ann M. Donnelly on 7/23/2018. (Greene, Donna) (Entered: 07/23/2018)
2018-07-2434CLERK'S JUDGMENT, ORDERED and ADJUDGED that the defendants motion for summary judgment is granted; that judgment is hereby entered in favor of defendant; and that this case is closed.Ordered by Jalitza Poveda, Deputy Clerk on 7/24/2018. (Piper, Francine) (Entered: 07/24/2018)
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by FOIA Project Staff
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