Date Filed | Doc # | Docket Text |
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2020-03-04 | 1 | FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-19009327)Document filed by Documented NY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Schwarz, Ghita) Modified on 3/5/2020 (sj). (Entered: 03/04/2020) |
2020-03-04 | 2 | CIVIL COVER SHEET filed..(Schwarz, Ghita) (Entered: 03/04/2020) |
2020-03-04 | 3 | REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF STATE, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, and OFFICE OF MANAGEMENT AND BUDGET, re: 1 Complaint,. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 03/04/2020) |
2020-03-05 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Ghita Schwarz to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the pleading was not signed. Re-file the pleading using the event type 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. (sj) (Entered: 03/05/2020) |
2020-03-05 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(sj) (Entered: 03/05/2020) |
2020-03-05 | | Magistrate Judge Kevin Nathaniel Fox is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (sj) (Entered: 03/05/2020) |
2020-03-05 | | Case Designated ECF. (sj) (Entered: 03/05/2020) |
2020-03-05 | 4 | ELECTRONIC SUMMONS ISSUED as to Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. (sj) (Entered: 03/05/2020) |
2020-03-05 | 5 | NOTICE OF APPEARANCE by Susan Joan Cameron on behalf of Documented NY..(Cameron, Susan) (Entered: 03/05/2020) |
2020-03-08 | 6 | COMPLAINT against Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. Document filed by Documented NY. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Schwarz, Ghita) (Entered: 03/08/2020) |
2020-03-24 | 7 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Office of Management and Budget served on 3/9/2020, answer due 3/30/2020; United States Department of Health and Human Services served on 3/9/2020, answer due 3/30/2020; United States Department of State served on 3/9/2020, answer due 3/30/2020. Service was accepted by DEREK MAYERS. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 03/24/2020) |
2020-04-03 | 8 | LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from Emily Bretz dated April 3, 2020. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Bretz, Emily) (Entered: 04/03/2020) |
2020-04-06 | 9 | ORDER granting 8 Letter Motion for Extension of Time to Answer: The above request is hereby granted. Defendants' time to answer otherwise respond to the Complaint is extended to May 8, 2020. (Office of Management and Budget answer due 5/8/2020; United States Department of Health and Human Services answer due 5/8/2020; United States Department of State answer due 5/8/2020.) (Signed by Judge Alison J. Nathan on 4/6/2020) (jwh) (Entered: 04/06/2020) |
2020-04-20 | 10 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was made by MAIL. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 04/20/2020) |
2020-04-20 | 11 | AFFIDAVIT OF SERVICE of Summons and Complaint,. Service was made by MAIL. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 04/20/2020) |
2020-04-22 | 12 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (As further set forth in this Order.) Initial Conference set for 7/10/2020 at 03:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 4/22/2020) (jca) (Entered: 04/22/2020) |
2020-05-08 | 13 | ANSWER to 6 Complaint,. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3).(Bretz, Emily) (Entered: 05/08/2020) |
2020-06-30 | 14 | ORDER: In light of the COVID-19 public health crisis, the Court will not hold the upcoming initial pretrial conference in this case in person. By July 6, 2020 at 6 p.m., the parties shall submit a joint letter indicating whether they can do without a conference altogether. If so, the Court may enter their case management plan and scheduling order and the parties need not appear. If not, the Court will hold the initial pretrial conference by telephone, albeit perhaps at a different time than the currently scheduled time. To that end, counsel should indicate in their joint letter all times on the date of the scheduled conference that they would be available for a telephone conference. In either case, counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. SO ORDERED. (Signed by Judge Alison J. Nathan on 6/30/2020) (ks) (Entered: 06/30/2020) |
2020-07-06 | 15 | JOINT PRE-CONFERENCE STATEMENT . Document filed by Documented NY. (Attachments: # 1 Exhibit Plaintiff's Exhibit 1).(Schwarz, Ghita) (Entered: 07/06/2020) |
2020-07-09 | 16 | ORDER: In light of the COVID-19 public health crisis, the Court will hold the initial pre-trial conference by telephone, at 3:30 p.m. on July 10, 2020. At start of the conference, the parties shall call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 9196964, followed by the pound (#) key. Counsel should review and comply with the Court's Emergency Individual Rules and Practices in Light of COVID-19, available at https://www.nysd.uscourts.gov/hon-alison-j-nathan. (Signed by Judge Alison J. Nathan on 7/9/2020) (rro) (Entered: 07/09/2020) |
2020-07-10 | 17 | ORDER: Due to the unavailability of the Court, the initial pre-trial conference currently scheduled for today is hereby adjourned sine die. Instead, the parties should submit briefing on the processing order issue. Plaintiff's submission should be filed on or before July 16, 2020. Defendant's submission is due on or before July 22, 2020. Plaintiff may file a reply on or before July 24, 2020. SO ORDERED. (Signed by Judge Alison J. Nathan on 7/10/2020) (kv) (Entered: 07/10/2020) |
2020-07-15 | 18 | NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 07/15/2020) |
2020-07-16 | 19 | FIRST MOTION to Expedite Release of Responsive Documents . Document filed by Documented NY. (Attachments: # 1 Text of Proposed Order).(Schwarz, Ghita) (Entered: 07/16/2020) |
2020-07-16 | 20 | MEMORANDUM OF LAW in Support re: 19 FIRST MOTION to Expedite Release of Responsive Documents . . Document filed by Documented NY..(Schwarz, Ghita) (Entered: 07/16/2020) |
2020-07-16 | 21 | DECLARATION of Ghita Schwarz in Support re: 19 FIRST MOTION to Expedite Release of Responsive Documents .. Document filed by Documented NY. (Attachments: # 1 Exhibit 1).(Schwarz, Ghita) (Entered: 07/16/2020) |
2020-07-22 | 22 | MEMORANDUM OF LAW in Opposition re: 19 FIRST MOTION to Expedite Release of Responsive Documents . . Document filed by United States Department of State..(Aronoff, Peter) (Entered: 07/22/2020) |
2020-07-22 | 23 | DECLARATION of Susan C. Weetman in Opposition re: 19 FIRST MOTION to Expedite Release of Responsive Documents .. Document filed by United States Department of State..(Aronoff, Peter) (Entered: 07/22/2020) |
2020-07-24 | 24 | REPLY MEMORANDUM OF LAW in Support re: 19 FIRST MOTION to Expedite Release of Responsive Documents . . Document filed by Documented NY..(Schwarz, Ghita) (Entered: 07/24/2020) |
2020-07-25 | 25 | REPLY AFFIDAVIT of Ghita Schwarz in Opposition re: 19 FIRST MOTION to Expedite Release of Responsive Documents .. Document filed by Documented NY. (Attachments: # 1 Exhibit 2, # 2 Exhibit 3, # 3 Exhibit 4, # 4 Exhibit 5, # 5 Exhibit 6).(Schwarz, Ghita) (Entered: 07/25/2020) |
2020-07-28 | 26 | ORDER denying 19 Letter Motion to Expedite. Accordingly, the Court denies Plaintiff's motion and adopts the Department of State's proposal to "work in good faith to achieve 300 pages per month of processing." Dkt. No. 22 at 14. It further sets September 11, 2020 as the deadline by which the Department of State must submit a status report with an updated proposal. The Court expects that by September, the Department of State will develop a clearer picture of both its overall processing capacities and the number of documents and pages that will need to be processed for this case. Indeed, it is imperative that the Department of State does so, given the delays in this matter. In its September status update, the Department of State should give a firm estimate as to the number of documents and pages that must be processed in this case and its updated processing proposal should put forth a firm, specific monthly rate that the Department of State believes is practicable. The update should also describe any processing or production commitments made by the Department of State or imposed upon it that are in force at the time of the update. Additionally, if the Department of State is unable to meet the 300-page processing rate for August, it should explain with specificity why and indicate whether it was able to meet that rate in other litigation cases. Plaintiff may renew its request for a processing order if it finds the Department of State's updated proposal to be inadequate. This resolves Dkt. No. 19. (Signed by Judge Alison J. Nathan on 7/28/2020) (rro) (Entered: 07/28/2020) |
2020-09-11 | 27 | STATUS REPORT. Document filed by United States Department of State. (Attachments: # 1 Exhibit Table summarizing State's obligations in other FOIA cases).(Aronoff, Peter) (Entered: 09/11/2020) |
2020-09-17 | 28 | SECOND LETTER MOTION to Expedite addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/17/2020. Document filed by Documented NY. (Attachments: # 1 Exhibit Defendant's First Production, # 2 Exhibit Sample SDNY Production Orders).(Schwarz, Ghita) (Entered: 09/17/2020) |
2020-09-18 | 29 | ORDER: Defendants shall file a response to Plaintiff's second letter motion to expedite (Dkt. No. 28) by September 23, 2020. Plaintiff may file a reply by September 25, 2020. (Responses due by 9/23/2020, Replies due by 9/25/2020.) (Signed by Judge Alison J. Nathan on 9/18/2020) (cf) (Entered: 09/18/2020) |
2020-09-23 | 30 | LETTER RESPONSE in Opposition to Motion addressed to Judge Alison J. Nathan from Peter Aronoff dated 9/23/2020 re: 28 SECOND LETTER MOTION to Expedite addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/17/2020. . Document filed by United States Department of State..(Aronoff, Peter) (Entered: 09/23/2020) |
2020-09-23 | 31 | DECLARATION of Eric F. Stein in Opposition re: 28 SECOND LETTER MOTION to Expedite addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/17/2020.. Document filed by United States Department of State..(Aronoff, Peter) (Entered: 09/23/2020) |
2020-09-25 | 32 | LETTER REPLY to Response to Motion addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/25/2020 re: 28 SECOND LETTER MOTION to Expedite addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/17/2020. . Document filed by Documented NY..(Schwarz, Ghita) (Entered: 09/25/2020) |
2021-05-06 | 33 | NOTICE OF APPEARANCE by Susan Elizabeth Welber on behalf of Documented NY..(Welber, Susan) (Entered: 05/06/2021) |
2021-05-06 | 34 | NOTICE OF APPEARANCE by Susan Elizabeth Welber on behalf of Documented NY..(Welber, Susan) (Entered: 05/06/2021) |
2021-05-06 | 35 | NOTICE OF APPEARANCE by Susan Elizabeth Welber on behalf of Documented NY..(Welber, Susan) (Entered: 05/06/2021) |
2021-05-06 | 36 | FIRST MOTION for Susan Joan Cameron to Withdraw as Attorney . Document filed by Documented NY..(Cameron, Susan) (Entered: 05/06/2021) |
2021-05-12 | 37 | MEMO ENDORSEMENT granting 36 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. (Attorney Susan Joan Cameron terminated.) (Signed by Judge Alison J. Nathan on 5/12/2021) (rro) (Entered: 05/12/2021) |
2021-08-26 | 38 | ORDER: On September 11, 2020, the Government filed a status update that stated its capability to process and produce records in response to Plaintiff's FOIA request was limited, in part, by the COVID-19 pandemic. Dkt. No. 27. Plaintiff filed on September 17, 2020, a motion to expedite the Government's production. Dkt. No. 28. The Government's response to that motion filed September 23, 2020, again indicated that its capabilities were limited by the pandemic. Dkt. No. 30. The Government shall file by September 3, 2021, a status update to indicate whether its production capabilities have since changed. Plaintiff shall file a response, if any, by September 7, 2021. SO ORDERED. (Signed by Judge Alison J. Nathan on 8/26/2021) (rj) (Entered: 08/26/2021) |
2021-09-03 | 39 | STATUS REPORT. as directed by the Court's August 26 order Document filed by United States Department of State..(Aronoff, Peter) (Entered: 09/03/2021) |
2021-09-07 | 40 | LETTER addressed to Judge Alison J. Nathan from Ghita Schwarz dated September 7, 2021 re: Defendants' Status Report. Document filed by Documented NY..(Schwarz, Ghita) (Entered: 09/07/2021) |
2021-09-16 | 41 | MEMORANDUM OPINION AND ORDER: re: 28 SECOND LETTER MOTION to Expedite addressed to Judge Alison J. Nathan from Ghita Schwarz dated 09/17/2020 filed by Documented NY. For the reasons above, the Court DENIES IN PART Plaintiff's motion and orders State to process a minimum of 400 pages per month and produce relevant documents to Plaintiff each month. State's document production shall not extend past March 31, 2022, without consent of the Court. The parties are further ordered to jointly file a status update every other month that details: (1) State's processing rate, (2) State's efforts to improve its processing rate, (3) a specific explanation for State's failure, if any, to process at least 400 pages that month, and (4) the quantity of pages produced to Plaintiff. The first such update shall be filed by October 31, 2021. Additionally, Defendants shall produce an index as specified in Vaughn v. Rosen, 484 F.2d 820 (D.C. Cir. 1973), by the earlier of October 8, 2021, or 21 days after the completion of production of documents to Plaintiff. SO ORDERED. (Signed by Judge Alison J. Nathan on 9/16/2021) (ama) (Entered: 09/16/2021) |
2021-10-06 | 42 | JOINT LETTER MOTION for Extension of Time of dates in the September 16, 2021 Order to allow settlement discussions addressed to Judge Alison J. Nathan from Peter Aronoff dated 10/6/2021. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 10/06/2021) |
2021-10-07 | 43 | ORDER granting 42 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Alison J. Nathan on 10/7/2021) (va) (Entered: 10/07/2021) |
2021-10-29 | 44 | JOINT LETTER MOTION to Stay all dates to discuss settlement, and joint status report addressed to Judge Alison J. Nathan from Peter Aronoff dated 10/29/2021. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 10/29/2021) |
2021-11-01 | 45 | ORDER granting 44 Letter Motion to Stay re: 44 JOINT LETTER MOTION to Stay all dates to discuss settlement, and joint status report addressed to Judge Alison J. Nathan from Peter Aronoff dated 10/29/2021. The Court GRANTS the parties' joint request to stay the case. The parties shall jointly file a status update by January 3, 2022, or, if earlier, 10 days after the completion of settlement talks. SO ORDERED. (Signed by Judge Alison J. Nathan on 11/1/2021) (vfr) (Entered: 11/01/2021) |
2021-11-01 | | Case Stayed (vfr) (Entered: 11/01/2021) |
2021-12-03 | 46 | NOTICE OF APPEARANCE by Samah Mcgona Sisay on behalf of Documented NY..(Sisay, Samah) (Entered: 12/03/2021) |
2021-12-03 | 47 | MOTION for Ghita Schwarz to Withdraw as Attorney . Document filed by Documented NY..(Schwarz, Ghita) (Entered: 12/03/2021) |
2021-12-06 | 48 | MEMO ENDORSEMENT granting 47 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Ghita Schwarz terminated. (Signed by Judge Alison J. Nathan on 12/6/2021) (vfr) (Entered: 12/07/2021) |
2022-01-03 | 49 | STATUS REPORT. (joint) and request to continue the stay Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 01/03/2022) |
2022-01-10 | 50 | MEMO ENDORSEMENT on re: 49 Status Report filed by United States Department of Health and Human Services, United States Department of State, Office of Management and Budget. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/10/2022) (mml) (Entered: 01/10/2022) |
2022-02-04 | 51 | STATUS REPORT. (joint) and proposal to maintain the stay through at least March 4, 2022 Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 02/04/2022) |
2022-02-07 | 52 | MEMO ENDORSEMENT on re: 51 Status Report, filed by United States Department of Health and Human Services, United States Department of State, Office of Management and Budget. ENDORSEMENT : So Ordered. (Signed by Judge Alison J. Nathan on 2/7/22) (yv) (Entered: 02/07/2022) |
2022-02-07 | | Magistrate Judge Jennifer Willis is so redesignated. (wb) (Entered: 02/07/2022) |
2022-03-04 | 53 | STATUS REPORT. (joint) and proposal for further status report by April 1, 2022 Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 03/04/2022) |
2022-03-08 | 54 | MEMO ENDORSEMENT on re: 53 Status Report filed by United States Department of Health and Human Services, United States Department of State, Office of Management and Budget. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 3/8/2022) (vfr) (Entered: 03/08/2022) |
2022-04-01 | 55 | STATUS REPORT. (joint) and request for stay for one additional week Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 04/01/2022) |
2022-04-04 | 56 | MEMO ENDORSEMENT on re: 55 Status Report filed by United States Department of Health and Human Services, United States Department of State, Office of Management and Budget ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan U.S. Circuit Judge Sitting by designation on 4/4/2022) (ks) Modified on 4/4/2022 (ks). (Entered: 04/04/2022) |
2022-04-06 | 57 | JOINT LETTER addressed to Judge Alison J. Nathan from Peter Aronoff dated 4/6/2022 re: notice of filing proposed stipulation and order of settlement and dismissal. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 04/06/2022) |
2022-04-06 | 58 | PROPOSED STIPULATION AND ORDER. Document filed by Office of Management and Budget, United States Department of Health and Human Services, United States Department of State..(Aronoff, Peter) (Entered: 04/06/2022) |
2022-04-06 | 59 | STIPULATION & ORDER: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. Within a reasonable time after the Court has endorsed and docketed this Stipulation and Order, Defendants shall pay to Plaintiff the sum of three thousand, three hundred dollars and no cents ($3,300.00) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiff for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information to counsel for the Defendants to effectuate the transfer.2. Plaintiff releases and discharges the Defendants and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that Plaintiff asserted, or could have asserted, arising out of the Request or the Additional Request. 3. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. 4. Nothing in this Stipulation and Order shall constitute an admission that the Defendants are liable for any attorneys' fees or litigation costs, or that Plaintiff "substantially prevailed" in this action under 5 U.S.C. § 552(a)(4)(E), or is entitled to or eligible for any attorneys' fees or litigation costs. Nor is it an admission that the amount here agreed upon covers all of the time that could, in Plaintiff's view be compensable as attorneys' fees and litigation costs in this action. Rather, this Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation concerning Plaintiff's claims for attorneys' fees and litigation costs. This Stipulation and Order is non-precedential with respect to any other proceeding involving the parties, including, but not limited to, any other FOIA action or administrative proceeding, and shall have no effect or bearing on any pending or future request for records made by Plaintiff under FOIA. 5. This Stipulation and Order contains the entire agreement between the parties, and no statement, representation, promise, or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect. 6. This Stipulation and Order may be executed in counterparts. Facsimile or pdf signatures shall constitute originals. SO ORDERED. (Signed by Judge Alison J. Nathan United States Circuit Judge Sitting by designation on 4/6/2022) (ks) (Entered: 04/06/2022) |
2022-04-06 | | Case Stay Lifted. (ks) (Entered: 04/06/2022) |
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