Case Detail

FOIA Project Annotation: A federal court in New York has adopted a magistrate judge's recommendation in a FOIA case brought by Joseph Rutigliano for a prosecution declination memorandum filed by the U.S. Attorney for the Eastern District of New York that portions of the PDM are protected by Exemption 5 (privileges). Rutigliano had been convicted in the Southern District of New York of defrauding the U.S. Railroad Retirement Board of tens of millions of dollars in occupational disability pensions for retired Long Island Railroad workers. But before he was convicted by the USAO for the Southern District of New York, the USAO for the Eastern District of New York decided not to prosecute the case and prepared a memorandum explaining that decision. Rutigliano requested the PDM, believing it provided information that would exonerate him. After Rutigliano filed suit, a magistrate judge recommended that the PDM be withheld under the attorney work product privilege and the deliberative process privilege. Rutigliano argued that testimony given by Martin Dickman, the Retirement Board's Inspector General before the House of Representative in 2018 underscored the public interest in disclosing the information about his PDM. But the court noted that "even under this standard, the Court determines that the Plaintiff's objections are without merit. The Court's failure to review Dickman's testimony or to weigh the Plaintiff's interest in overturning his conviction were in no way relevant to whether the materials in the PDM fell under the protections of Exemption 5." The district court judge approved of the decision by Magistrate Judge Arlene Lindsay not to conduct an in camera of the PDM. The district court pointed out that "the decision not to impose in camera review to a document in a FOIA action is within the discretion of the district court, and the Court here sees no reason to depart from Judge Lindsay's assessment of the PDM."
Issues: Adequacy - Search

Date Filed	Doc #	Docket Text
2017-11-01	2	Civil Cover Sheet.. by joseph rutigliano (Ryan, Joseph) (Entered: 11/01/2017)
2017-11-01	3	Proposed Summons. by joseph rutigliano (Ryan, Joseph) (Entered: 11/01/2017)
2017-11-01	4	Proposed Summons. by joseph rutigliano (Attachments: # 1 Proposed Summons) (Ryan, Joseph) (Entered: 11/01/2017)
2017-11-01	1	COMPLAINT against U.S. Department of Justice, Was the Disclosure Statement on Civil Cover Sheet completed -No, filed by Joseph Rutigliano. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (Rodin, Deanna) Modified document number on 11/2/2017 (Rodin, Deanna). (Main Document 1 replaced on 12/7/2017) (Coleman, Laurie). Modified on 12/7/2017 with the permission of chambers to replace the complaint with a corrected complaint as the original complaint had inadvertently omitted page 4. (Coleman, Laurie). (Entered: 11/02/2017)
2017-11-01		FILING FEE: $ 400, receipt number 0207-9948239 (Rodin, Deanna) (Entered: 11/02/2017)
2017-11-02		Incorrect Document Entry Information. Parties were added to the case incorrectly and complaint was enter as against plaintiff; parties were deleted and re-entered; then document entry #1 was deleted and re-entered against corrected defendant. (Rodin, Deanna) (Entered: 11/02/2017)
2017-11-02	5	This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Rodin, Deanna) (Entered: 11/02/2017)
2017-11-02		Case Assigned to Judge Arthur D. Spatt and Magistrate Judge Gary R. Brown. 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. (Rodin, Deanna) (Entered: 11/02/2017)
2017-11-02	6	In 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. (Rodin, Deanna) (Entered: 11/02/2017)
2017-11-02	7	Summons Issued as to U.S. Department of Justice, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Summons Acting United States Attorney, # 2 Summons U.S. Attorney General) (Rodin, Deanna) (Entered: 11/02/2017)
2017-12-01		Incorrect Case/Document/Entry Information. With the permission of chambers, the #8 corrected Complaint has been deleted from the above-referenced case. A copy of the corrected complaint was attached to the 1 original complaint to replace the previous copy which had inadvertently omitted page #4. There will no longer be a document #8 in the above-referenced case. All corrections have been made. No action is required by counsel. (Coleman, Laurie) (Entered: 12/07/2017)
2017-12-06	9	MOTION for Extension of Time to File Answer re 8 Complaint by U.S. Department of Justice. (Lipari, Vincent) (Entered: 12/06/2017)
2017-12-07		Electronic ORDER granting 9 Motion for Extension of Time to Answer re 8 Complaint. The U.S. Department of Justice shall file a responsive pleading on or before 12/22/2017. Ordered by Judge Arthur D. Spatt on 12/7/2017. (Roberts, Joshua) (Entered: 12/07/2017)
2017-12-15	10	ANSWER to 1 Complaint,, by U.S. Department of Justice. (Lipari, Vincent) (Entered: 12/15/2017)
2018-01-10		SCHEDULING ORDER: A Status Conference is set for 1/23/2018 at 02:00 PM in Courtroom 840 before Magistrate Judge Gary R. Brown. Ordered by Magistrate Judge Gary R. Brown on 1/10/2018. (McMorrow, Karen) (Entered: 01/10/2018)
2018-01-12	11	Letter RE: INITIAL CONFERENCE by Joseph Rutigliano (Ryan, Joseph) (Entered: 01/12/2018)
2018-01-23		Minute Entry for proceedings held before Magistrate Judge Gary R. Brown:Initial Conference Hearing held on 1/23/2018. Joseph Ryan for plaintiff; Vincent Lipari for the Government. No discovery order issued. The Government will submit a status letter in 1 week.(FTR Log #2:11-2:41.) (McMorrow, Karen) (Entered: 01/24/2018)
2018-02-02	12	STATUS REPORT by U.S. Department of Justice (Lipari, Vincent) (Entered: 02/02/2018)
2018-02-05	13	Letter RESPONSE STATUS REPORT by Joseph Rutigliano (Ryan, Joseph) (Entered: 02/05/2018)
2018-03-12		ELECTRONIC ORDER re 13 Letter filed by Joseph Rutigliano, 12 Status Report filed by U.S. Department of Justice. In light of plaintiff's letter to the Court, should defendant agree to a potential resolution conference of this matter, the parties should confer and provide alternative dates to schedule such a conference. Ordered by Magistrate Judge Gary R. Brown on 3/12/2018. c/ecf (Johnston, Linda) (Entered: 03/12/2018)
2018-03-20	14	AMENDED COMPLAINT against Joseph Rutigliano, filed by Joseph Rutigliano. (Ryan, Joseph) (Entered: 03/20/2018)
2018-03-20	15	Letter FOR STATUS CONFERENCE by Joseph Rutigliano (Ryan, Joseph) (Entered: 03/20/2018)
2018-03-22		ELECTRONIC ORDER re 15 Letter filed by Joseph Rutigliano. Plaintiff's application for an in-person status conference before the undersigned is denied, with leave to renew. There is no indication that plaintiff conferred with defense counsel on this application prior to submission of this request. Should plaintiff seek to renew its application, plaintiff is required to first confer with defendant and submit possible dates that would be convenient for both parties. Ordered by Magistrate Judge Gary R. Brown on 3/22/2018. c/ecf (Johnston, Linda) (Entered: 03/22/2018)
2018-04-05	16	ANSWER to 14 Amended Complaint by U.S. Department of Justice. (Lipari, Vincent) (Entered: 04/05/2018)
2018-07-20	17	Letter motion for pre-motion conference by Joseph Rutigliano (Ryan, Joseph) Modified on 7/23/2018 for statistical purposes (Coleman, Laurie). (Entered: 07/20/2018)
2018-07-25	18	MOTION for pre motion conference for leave to move for summary judgment of dismissal by U.S. Department of Justice. (Attachments: # 1 Rule 56.1 Statement, # 2 Rule 56.1 Statement) (Lipari, Vincent) (Entered: 07/25/2018)
2018-08-22		Electronic ORDER granting 17 Motion for Pre Motion Conference. An in-person conference has been scheduled before the undersigned for 10/29/2018 at 09:00 AM in Courtroom 1020 of the Central Islip courthouse. Counsel for all parties shall appear authorized and prepared to discuss settlement at that time. Any requests to adjourn the conference date shall be made in writing on ECF and include at least three proposed alternative dates on which all sides are available. So Ordered by Judge Arthur D. Spatt on 8/22/2018. (Roberts, Joshua) (Entered: 08/22/2018)
2018-10-29	19	MINUTE ENTRY for proceedings held before Judge Arthur D. Spatt: Pre-Motion Conference held on 10/29/2018. Case called. Counsel for all sides present. Pre-Motion Conference held. A briefing schedule was set for defendant to move for summary judgment. (Coleman, Laurie) (Entered: 10/31/2018)
2018-12-14	20	First MOTION for Summary Judgment by Joseph Rutigliano. (Attachments: # 1 Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F) (Ryan, Joseph) (Entered: 12/14/2018)
2019-02-20	21	REPLY in Support of Disclosure filed by Joseph Rutigliano. (Ryan, Joseph) (Entered: 02/20/2019)
2019-02-27		Electronic ORDER finding as moot 18 Motion for Pre Motion Conference. Ordered by Judge Arthur D. Spatt on 2/27/2019. (Roberts, Joshua) (Entered: 02/27/2019)
2019-03-04	22	RULE 56.1 STATEMENT filed by U.S. Department of Justice. (Lipari, Vincent) (Entered: 03/04/2019)
2019-03-04	23	RULE 56.1 STATEMENT (counter-statement to plaintiff's 56.1 statement) filed by U.S. Department of Justice. (Lipari, Vincent) (Entered: 03/04/2019)
2019-03-04	24	DECLARATION of Tricia Francis in support of DOJ's motion for summary judgment, with annexed exhibits by U.S. Department of Justice (Lipari, Vincent) (Entered: 03/04/2019)
2019-03-04	25	MEMORANDUM/MOTION for Summary Judgment re in Support of DOJ's motion for summary judgment filed by U.S. Department of Justice. (Lipari, Vincent) Modified on 4/1/2019 to change event type to motion pursuant to 4/1/2019 Referral Order. (Coleman, Laurie). (Entered: 03/04/2019)
2019-03-04	26	REPLY in Support of DOJ's motion for summary judgment filed by U.S. Department of Justice. (Lipari, Vincent) (Entered: 03/04/2019)
2019-03-06	27	Letter CONFRIMING COURTESY MOTION PAPERS by Joseph Rutigliano (Ryan, Joseph) (Entered: 03/06/2019)
2019-03-07	28	Letter enclosing courtesy copies of DOJ's submissions on pending motions for summary judgment by U.S. Department of Justice (Lipari, Vincent) (Entered: 03/07/2019)
2019-04-01	29	REFERRAL ORDER: On December 14, 2018, the Plaintiff filed a motion for summary judgment (Dkt. 20 ). On March 4, 2019, the Defendant filed its own motion for summary judgment (Dkt. 25 ). The Court hereby refers the above motions to United States Magistrate Judge Gary R. Brown for a recommendation as to whether the above motions should be granted, and if so, what relief should be awarded. The Clerk of the Court is respectfully directed to note the referral. So Ordered by Judge Arthur D. Spatt on 4/1/2019. Motions 20 and 25 referred to Judge Gary R. Brown. (Coleman, Laurie) (Entered: 04/01/2019)
2019-04-02		ELECTRONIC ORDER re 20 First MOTION for Summary Judgment filed by Joseph Rutigliano, 29 Order Referring Motion,, 25 MOTION for Summary Judgment filed by U.S. Department of Justice. The movants are directed to provide the Court with a copy of all motion papers as per the undersigned's individual rules.Ordered by Magistrate Judge Gary R. Brown on 4/2/2019. c/ecf (Johnston, Linda) (Entered: 04/02/2019)
2019-04-08	30	Letter transmitting courtesy copies of DOJ's submissions in support of its motion for summary judgment by U.S. Department of Justice (Lipari, Vincent) (Entered: 04/08/2019)
2019-05-01	31	ORDER OF RECUSAL: IT IS requested that the Clerk of the Court reassign this matter to a Magistrate Judge from the Long Island wheel. Ordered by Magistrate Judge Gary R. Brown on 5/1/2019.( Magistrate Judge Gary R. Brown recused. Case randomly reassigned to Magistrate Judge Arlene R. Lindsay for all further proceedings. Motions referred to Arlene R. Lindsay.) (Florio, Lisa) (Entered: 05/01/2019)
2019-05-31	32	REFERRAL ORDER: On December 14, 2018, the Plaintiff filed a motion for summary judgment (Dkt. 20 ). On March 4, 2019, the Defendant filed its own motion for summary judgment (Dkt. 25 ). The Court hereby refers the above motions to United States Magistrate Judge Arlene R. Lindsay for a recommendation as to whether the above motions should be granted, and if so, what relief should be awarded. The Clerk of the Court is respectfully directed to note the referral. So Ordered by Judge Arthur D. Spatt on 5/31/2019. Motions 20 and 25 referred to Magistrate Judge Arlene R. Lindsay. (Coleman, Laurie) (Entered: 05/31/2019)
2019-06-19		ORDER: On May 31, 2019 the Motions for Summary Judgment 20 and 25 were referred to the undersigned. The Motions will be addressed at the same time. Ordered by Magistrate Judge Arlene R. Lindsay on 6/19/2019. c/ecf (Imrie, Robert) (Entered: 06/19/2019)
2019-07-17	33	Letter RE: RAYKOFF DECISION by Joseph Rutigliano (Ryan, Joseph) (Entered: 07/17/2019)
2019-12-13	34	Letter RE: STATUS by Joseph Rutigliano (Ryan, Joseph) (Entered: 12/13/2019)
2020-02-28	35	REPORT AND RECOMMENDATIONS re 20 , 25 : See the attached Report and Recommendation for details. Signed by Magistrate Judge Arlene R. Lindsay on 2/28/2020. c/ecf (Imrie, Robert) (Entered: 03/02/2020)
2020-03-12	36	OBJECTION to 35 Report and Recommendations filed by Joseph Rutigliano. (Ryan, Joseph) (Entered: 03/12/2020)
2020-03-13		Electronic Order. For administrative purposes, the Court terminates 20 First MOTION for Summary Judgment, filed by the Plaintiff, and 25 MOTION for Summary Judgment, filed by the Defendant. The Clerk of the Court is respectfully directed to immediately restore those motions. The parties are not required to refile their motions. Furthermore, this does not affect the Defendant's filing deadline as to 35 REPORT AND RECOMMENDATIONS. So Ordered by Judge Arthur D. Spatt on 3/13/2020. (Contino, Michael) (Entered: 03/13/2020)
2020-03-27	37	MEMORANDUM in Opposition to plaintiff's objections to R & R filed by U.S. Department of Justice. (Lipari, Vincent) (Entered: 03/27/2020)
2020-04-20	38	MEMORANDUM OF DECISION & ORDER: For the foregoing reasons, the Court overrules the Plaintiff's objections and adopts the R&R in its entirety. The Defendant's motion for summary judgment, dismissing the complaint, is granted. The Clerk of the Court is respectfully directed to close the case. SEE ATTACHED DECISION for details. It is So Ordered by Judge Arthur D. Spatt on 4/20/2020. (Coleman, Laurie) (Entered: 04/22/2020)
2020-04-22	39	CLERK'S JUDGMENT: ORDERED AND ADJUDGED that the Plaintiff Joseph Rutigliano take nothing of the Defendant U.S. Department of Justice; that the Plaintiff's motion for summary judgment is denied; that the Defendant's motion for summary judgment dismissing the complaint is granted; and that this case is closed. Ordered by Clerk of Court on 4/22/2020. (Toritto, Jim) (Entered: 04/22/2020)
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