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Case TitleEmery Celli Brinckerhoff Abady Ward & Maazel LLP v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv09566
Date Filed2021-11-18
Date Closed2022-09-04
JudgeJudge Alvin K. Hellerstein
PlaintiffEmery Celli Brinckerhoff Abady Ward & Maazel LLP
Case DescriptionThe law firm of Emery Celli Brinckerhoff Abrady Ward & Maazel submitted a FOIA request to the U.S. Marshals Service for records concerning USMS custody of Andrea Circle Bear, who died while in the agency's custody. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the law firm filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantUnited States Marshals Service
Documents
Docket
Complaint
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-181FILING ERROR - PDF ERROR - COMPLAINT against United States Department of Justice, United States Marshals Service. (Filing Fee $ 402.00, Receipt Number ANYSDC-25354519)Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) Modified on 11/19/2021 (jgo). (Entered: 11/18/2021)
2021-11-182CIVIL COVER SHEET filed..(Selver, Max) (Entered: 11/18/2021)
2021-11-183REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/18/2021)
2021-11-184REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/18/2021)
2021-11-185REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES MARSHALS SERVICE, re: 1 Complaint. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/18/2021)
2021-11-186NOTICE OF APPEARANCE by Max Roller Selver on behalf of Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/18/2021)
2021-11-187NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Rosenfeld, Katherine) (Entered: 11/18/2021)
2021-11-19***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Max Roller Selver to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the pleading is not correct; the PDF must be titled to correspond with the event type used (Complaint). 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. If the deficiency/deficiencies are not corrected within five (5) days per Amended Standing Order 15-mc-00131 this case will be administratively closed. Initial Pleading due by 11/24/2021. (jgo) (Entered: 11/19/2021)
2021-11-19***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Max Roller Selver to RE-FILE Document No. 4 Request for Issuance of Summons, 5 Request for Issuance of Summons, 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): refile summons request after the pleading is refiled correctly; summons request must be linked to the properly filed pleading. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 11/19/2021)
2021-11-198COMPLAINT against United States Department of Justice, United States Marshals Service. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/19/2021)
2021-11-199REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 8 Complaint. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/19/2021)
2021-11-1910REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 8 Complaint. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/19/2021)
2021-11-1911REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES MARSHALS SERVICE, re: 8 Complaint. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 11/19/2021)
2021-11-22CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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 . .(jgo) (Entered: 11/22/2021)
2021-11-22Magistrate Judge Katharine H. Parker 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 . (jgo) (Entered: 11/22/2021)
2021-11-22Case Designated ECF. (jgo) (Entered: 11/22/2021)
2021-11-2212ELECTRONIC SUMMONS ISSUED as to United States Department of Justice..(jgo) (Entered: 11/22/2021)
2021-11-2213ELECTRONIC SUMMONS ISSUED as to United States Department of Justice.(jgo) Modified on 12/13/2021 (gp). (Entered: 11/22/2021)
2021-12-0314CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Justice served on 11/23/2021, answer due 12/23/2021. Service was made by MAIL. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 12/03/2021)
2021-12-0315CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. Service was made by MAIL. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 12/03/2021)
2021-12-1016ELECTRONIC SUMMONS ISSUED as to United States Department of Justice..(gp) (Entered: 12/10/2021)
2021-12-13***DELETED DOCUMENT. Deleted document number [Doc #16] ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. The document was incorrectly filed in this case, summons issued previously as doc #13. (gp) (Entered: 12/13/2021)
2021-12-1316ELECTRONIC SUMMONS ISSUED as to United States Marshals Service..(gp) (Entered: 12/13/2021)
2021-12-1317CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Marshals Service served on 12/13/2021, answer due 1/12/2022. Service was made by MAIL. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 12/13/2021)
2021-12-2418NOTICE OF APPEARANCE by Ilan Stein on behalf of United States Department of Justice, United States Marshals Service..(Stein, Ilan) (Entered: 12/24/2021)
2021-12-2419ANSWER to 8 Complaint. Document filed by United States Department of Justice, United States Marshals Service..(Stein, Ilan) (Entered: 12/24/2021)
2022-06-2120SCHEDULING ORDER: The parties are hereby ordered to appear for an initial pre-trial conference on July 15, 2022 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749 Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than July 7, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. Initial Conference set for 7/15/2022 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/21/2022) (mml) (Entered: 06/21/2022)
2022-07-0721LETTER MOTION to Adjourn Conference addressed to Judge Alvin K. Hellerstein from Max Selver dated July 7, 2022. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel LLP..(Selver, Max) (Entered: 07/07/2022)
2022-07-0822ORDER terminating 21 Letter Motion to Adjourn Conference. The conference scheduled for July 15, 2022 is adjourned to September 2, 2022, at 10 a.m. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/8/2022) (vfr) (Entered: 07/08/2022)
2022-07-08Set/Reset Hearings: Initial Conference set for 9/2/2022 at 10:00 AM before Judge Alvin K. Hellerstein. (vfr) (Entered: 07/08/2022)
2022-08-3023SCHEDULING ORDER: The parties are hereby ordered to appear for an initial conference on September 2, 2022 at 10:00 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than August 31, 2022, at 4:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 9/2/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/30/22) (yv) (Entered: 08/30/2022)
2022-08-3124SCHEDULING ORDER: The conference scheduled for September 2, 2022, is hereby adjourned to September 9, 2022, at 10:00 a.m., and will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than September 7, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Initial Conference set for 9/9/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 8/31/22) (yv) (Entered: 08/31/2022)
2022-08-3125PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Justice, United States Marshals Service..(Issacharoff, Lucas) (Entered: 08/31/2022)
2022-09-0126NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of United States Department of Justice, United States Marshals Service..(Issacharoff, Lucas) (Entered: 09/01/2022)
2022-09-0427STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL... IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: The records produced by USMS fully resolve any and all claims Plaintiff now have or may hereafter acquire against Defendants or the United States of America ("United States"), or any department, agency, officer, or employee of Defendants and/or the United States, for the release of records arising from Plaintiff's FOIA request at issue in this action: 2021-USMS-362492. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, USMS shall pay to Plaintiff via electronic funds transfer the sum of SEVEN THOUSAND DOLLARS AND ZERO CENTS ($7,000.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept in complete satisfaction of any and all claims by Plaintiff for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for Plaintiff will provide the necessary information for USMS to effectuate the electronic funds transfer. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. This Stipulation and Order shall not constitute an admission of liability or fault on the part of Defendants or the United States or their agents, servants, or employees, and is entered into by all parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against Defendants, the United States, or any agency or instrumentality of the United States. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 9/6/22) (yv) (Entered: 09/06/2022)
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