| Date Filed | Doc # | Docket Text |
|
| 2020-03-09 | 1 | COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number ANYSDC-19051334)Document filed by American Oversight..(McGrath, Daniel) (Entered: 03/09/2020) |
| 2020-03-09 | 2 | CIVIL COVER SHEET filed..(McGrath, Daniel) (Entered: 03/09/2020) |
| 2020-03-09 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by American Oversight..(McGrath, Daniel) (Entered: 03/09/2020) |
| 2020-03-09 | 4 | REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by American Oversight..(McGrath, Daniel) (Entered: 03/09/2020) |
| 2020-03-10 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 . .(pc) (Entered: 03/10/2020) |
| 2020-03-10 | | Magistrate Judge Gabriel W. Gorenstein 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 . (pc) (Entered: 03/10/2020) |
| 2020-03-10 | | Case Designated ECF. (pc) (Entered: 03/10/2020) |
| 2020-03-10 | 5 | ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation..(pc) (Entered: 03/10/2020) |
| 2020-04-01 | 6 | NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 04/01/2020) |
| 2020-04-02 | 7 | AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. Federal Bureau Of Investigation served on 3/16/2020, answer due 4/15/2020. Service was made by Mail. Document filed by American Oversight..(McGrath, Daniel) (Entered: 04/02/2020) |
| 2020-04-10 | 8 | PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 04/10/2020) |
| 2020-04-13 | 9 | STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between counsel for plaintiff and counsel for the FBI, that the FBI's time to respond to the complaint is extended from April 15, 2020, to and including May 15, 2020. In light of the national emergency due to the COVID-19 outbreak in the United States and associated office closures, signatures in electronic form (in lieu of actual signatures or reproductions of actual signatures) shall constitute acceptable, binding signatures for purposes of this Stipulation, and this manner for submitting signatures is approved by the Court pursuant to Section 8.5(d) of the Electronic Case Filing Rules & Instructions of the U.S. District Court, Southern District of New York. SO ORDERED. Federal Bureau Of Investigation answer due 5/15/2020. (Signed by Judge Lewis A. Kaplan on 4/13/2020) (jca) (Entered: 04/13/2020) |
| 2020-04-13 | 10 | MOTION for Mehreen Aasya Rasheed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19424251. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by American Oversight. (Attachments: # 1 Affidavit, # 2 Text of Proposed Order).(Rasheed, Mehreen) (Entered: 04/13/2020) |
| 2020-04-13 | | >>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Mehreen Aasya Rasheed to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-19424251. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (ad) (Entered: 04/13/2020) |
| 2020-04-14 | 11 | ORDER granting 10 Motion for Mehreen Asaya Rasheed to Appear Pro Hac Vice. (Signed by Judge Lewis A. Kaplan on 4/14/2020) (Kaplan, Lewis) (Entered: 04/14/2020) |
| 2020-05-15 | 12 | ANSWER to 1 Complaint. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 05/15/2020) |
| 2020-07-03 | 13 | ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial and Dispositive Motion (i.e., motion requiring a Report and Recommendation). Referred to Magistrate Judge Gabriel W. Gorenstein. All such motions. So Ordered. (Signed by Judge Lewis A. Kaplan on 7/2/20) (yv) (Entered: 07/06/2020) |
| 2020-07-06 | 14 | ORDER: The Court assumes that the next step in this case should be the filing of a summary judgment motion by either the plaintiff or defendant or both. See, e.g., Families for Freedom v. U.S. Cust. and Border Protec., 797 F. Supp. 2d 375, 385 (S.D.N.Y. 2011) ("FOIA cases are generally and most appropriately resolved on motions for summary judgment."); Bloomberg L.P. v. Bd. of Governors of Fed. Reserve System, 649 F. Supp. 2d 262, 271 (S.D.N.Y. 2009) ("Summary judgment is the preferred procedural vehicle for resolving FOIA disputes."). Accordingly, the parties are to confer as to the schedule for the filing of any summary judgment motion and shall make a joint or separate proposals for a schedule by letter (or letters) filed on or before July 13, 2020. If either side believes that a summary judgment motion is not the appropriate next step inthis case, that party may so state in the letter to the Court and, after consulting with the other side to ascertain its position, may offer a proposal as to the appropriate next steps in this case. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/06/2020) (ama) (Entered: 07/06/2020) |
| 2020-07-13 | 15 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 7/13/2020 re: Response to Court's order dated July 6, 2020. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 07/13/2020) |
| 2020-07-13 | 16 | MEMO ENDORSEMENT on re: 15 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The deadline in Docket # 14 is extended to August 12, 2020. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/13/2020) (jwh) (Entered: 07/13/2020) |
| 2020-08-11 | 17 | LETTER MOTION for Extension of Time to propose a schedule for further proceedings addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 8/11/2020. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 08/11/2020) |
| 2020-08-12 | 18 | ORDER granting 17 Letter Motion for Extension of Time. Application granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/12/2020) (tro) (Entered: 08/12/2020) |
| 2020-09-10 | 19 | LETTER MOTION for Extension of Time to propose a schedule for further proceedings addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 9/10/2020. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 09/10/2020) |
| 2020-09-10 | 20 | ORDER granting 19 Letter Motion for Extension of Time. Application granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 9/10/2020) (js) (Entered: 09/10/2020) |
| 2020-10-08 | 21 | LETTER MOTION for Extension of Time to propose a schedule for further proceedings addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 10/8/2020. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 10/08/2020) |
| 2020-10-13 | 22 | ORDER: granting 21 Letter Motion for Extension of Time. Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 10/13/2020) (ama) (Entered: 10/13/2020) |
| 2020-11-10 | 23 | PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 11/10/2020) |
| 2020-11-10 | 24 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 11/10/2020 re: proposed schedule for records search. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 11/10/2020) |
| 2020-11-10 | 25 | STIPULATION AND ORDER REGARDING SCOPE OF SEARCH UNDER FOIA: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between American Oversight and FBI, through their undersigned counsel, as follows: 1. FBI agrees to conduct a search encompassing records in FBI's New York Field Office ("NYFO"), to locate any records reflecting whether an inquiry took place into whether during calendar year 2016 NYFO employees had potential improper contacts with or made releases of information to Rudy Giuliani, about or relating to an FBI Investigation known as "Midyear" or "Midyear Exam." 2. If FBI locates records as described in paragraph 1. based on the information revealed by the initial search, if any, FBI will further search for responsive records and review them for potential release, subject to withholdings pursuant to exemptions under FOIA. 5 U.S.C. § 552(b), as further set forth in this Order. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/10/2020) (mml) (Entered: 11/12/2020) |
| 2020-11-12 | 26 | MEMO ENDORSEMENT: on re: 24 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/12/2020) (ama) (Entered: 11/12/2020) |
| 2020-12-09 | 27 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 12/9/2020 re: status update and proposal for next update. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 12/09/2020) |
| 2020-12-09 | 28 | MEMO ENDORSEMENT on re: 27 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: Application granted. So Ordered. (Signed by Magistrate Judge Gabriel W. Gorenstein on 12/9/2020) (ks) (Entered: 12/09/2020) |
| 2021-01-11 | 29 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 1/11/2021 re: status update and proposal for next update. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 01/11/2021) |
| 2021-01-12 | 30 | MEMO ENDORSEMENT on re: 29 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: Applicatin granted. (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/12/2021) (cf) (Entered: 01/12/2021) |
| 2021-02-09 | 31 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 2/9/2021 re: status update and proposal for next update. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 02/09/2021) |
| 2021-02-10 | 32 | MEMO ENDORSEMENT: on re: 31 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/10/2021) (ama) (Entered: 02/10/2021) |
| 2021-03-12 | 33 | LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Samuel Dolinger dated 3/12/2021 re: status update and proposal for next update. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 03/12/2021) |
| 2021-03-12 | 34 | MEMO ENDORSEMENT on re: 33 Letter re: status update and proposal for next update filed by Federal Bureau Of Investigation. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/12/2021) (rj) (Entered: 03/12/2021) |
| 2021-03-15 | 35 | PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 03/15/2021) |
| 2021-03-15 | 36 | STIPULATION AND ORDER REGARDING SCOPE OF SUPPLEMENT SEARCH UNDER FOIA: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between American Oversight and FBI, through their undersigned counsel, as follows: FBI agrees to contact an employee who may have information relevant to American Oversight's FOIA Request to inquire whether the employee communicated with Rudy Giuliani via text messaging captured on agency systems. If the response is affirmative, FBI will conduct additional searches to determine if it can locate any agency records responsive to the FOIA Request, as modified by the parties' prior agreement, concerning whether during calendar year 2016, FBI New York Field Office employees had "potentially improper" contacts with or made releases of information to Rudy Giuliani, about or relating to an FBI investigation known as "Midyear" or "Midyear Exam." FBI would then review any responsive agency records located for potential release, subject to withholdings pursuant to exemptions under FOIA, 5 U.S.C. § 552(b). If the response is negative, FBI would consider its search efforts in response to the FOIA Request to be complete. This Stipulation and Order is subject to the approval of the Court and shall become effective once it has been entered by the Court. In the event that the Court declines to approve this Stipulation and Order, it shall be null and void, with no force or effect. Counsel for Defendant will file this Stipulation and Order via ECF on behalf of both parties. Pursuant to Section 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court, Southern District of New York, counsel for the Plaintiff consents to the electronic filing of this Stipulation and Order by counsel for Defendant. (And as further set forth herein.) SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 3/15/2021) (jca) (Entered: 03/15/2021) |
| 2021-04-02 | 37 | PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau Of Investigation..(Dolinger, Samuel) (Entered: 04/02/2021) |
| 2021-04-05 | 38 | STIPULATION AND ORDER OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a): IT IS HEREBY STIPULATED AND AGREED, by and between American Oversight and FBI, through their undersigned counsel, as follows: The searches conducted by FBI fully resolve and settle any and all claims Plaintiff now has or may hereafter acquire against FBI or the United States of America (the "United States"), or any department, agency, officer, or employee of the United States, related to or arising out of Plaintiff's FOIA Request at issue in this action. All claims in the above-captioned action are hereby dismissed, without costs or fees to any party, pursuant to Rule 41(a) of the Federal Rules of Civil Procedure. Upon entry of this Stipulation and Order by the Court, this case shall be closed, and all pending deadlines shall be canceled; as further set forth herein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 4/5/2021) (mro) (Entered: 04/05/2021) |
 Hide Docket Events |
