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Case TitleMaritime Legal Aid & Advocacy, Ltd. v. U.S. Coast Guard
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv05501
Date Filed2022-06-28
Date Closed2023-09-08
JudgeJudge Denise L. Cote
PlaintiffMaritime Legal Aid & Advocacy, Ltd.
Case DescriptionMaritime Legal Aid & Advocacy submitted FOIA requests to U.S. Coast Guard for records concerning its policies on sexual assault on vessels under its jurisdiction. The agency acknowledged receipt of the request and disclosed 395 pages with redactions under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The agency provided some other records as well. MLAA filed an administrative appeal but after hearing nothing further from the agency, MLAA filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Coast Guard
DefendantU.S. Coast Guard
TERMINATED: 09/08/2023
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Opinion/Order [15]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-281COMPLAINT against U.S. Coast Guard. (Filing Fee $ 402.00, Receipt Number ANYSDC-26342385)Document filed by Maritime Legal Aid & Advocacy, Ltd.. (Attachments: # 1 Exhibit A: 2021 DE Franchise Tax Report, # 2 Exhibit B: FOIA Request, # 3 Exhibit C: Clarified Scope FOIA Request, # 4 Exhibit D: Expedited Processing and Fee Waiver Approval, # 5 Exhibit E: Whitelaw Interim Response Letter, # 6 Exhibit F: Neubauer Interim Response Letter, # 7 Exhibit G: Interim FOIA Appeal #1, # 8 Exhibit H: Interim FOIA Appeal #2, # 9 Exhibit I: Email Confirming Receipt of Appeals, # 10 Exhibit J: Letter from Kathleen Claffie, # 11 Exhibit K: Response From USCG Hearing Office, # 12 Exhibit L: USCG-ALJ Final Response Letter, # 13 Exhibit M: Appeal of ALJ Final Response Letter, # 14 Exhibit N: Narrowing and Clarifying the Scope Letter 2022, # 15 Exhibit O: Long Tragic History of 46 USC 10104).(Melogy, John) (Entered: 06/28/2022)
2022-06-282CIVIL COVER SHEET filed..(Melogy, John) (Entered: 06/28/2022)
2022-06-283FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Maritime Legal Aid & Advocacy, Ltd...(Melogy, John) (Entered: 06/28/2022)
2022-06-284REQUEST FOR ISSUANCE OF SUMMONS as to U.S. COAST GUARD, re: 1 Complaint,,,. Document filed by Maritime Legal Aid & Advocacy, Ltd...(Melogy, John) (Entered: 06/28/2022)
2022-06-29CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 . .(gp) (Entered: 06/29/2022)
2022-06-29Magistrate Judge Valerie Figueredo 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 . (gp) (Entered: 06/29/2022)
2022-06-29Case Designated ECF. (gp) (Entered: 06/29/2022)
2022-06-295ELECTRONIC SUMMONS ISSUED as to U.S. Coast Guard..(gp) (Entered: 06/29/2022)
2022-07-066AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint,,, served. U.S. Coast Guard served on 7/5/2022, answer due 8/4/2022. Service was made by MAIL. Document filed by Maritime Legal Aid & Advocacy, Ltd.. (Attachments: # 1 Affidavit USA SDNY AFFIRMATION OF SERVICE, # 2 Affidavit USA AFFIRMATION OF SERVICE).(Melogy, John) (Entered: 07/06/2022)
2022-07-257NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of U.S. Coast Guard..(Weinreb, Carly) (Entered: 07/25/2022)
2022-07-258LETTER MOTION for Extension of Time to respond to complaint addressed to Judge Vernon S. Broderick from defendant U.S. Coast Guard dated 7/25/2022. Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 07/25/2022)
2022-07-269ORDER granting 8 LETTER MOTION for Extension of Time to respond to complaint. APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/26/2022) (jca) (Entered: 07/26/2022)
2022-07-26Set/Reset Deadlines: U.S. Coast Guard answer due 8/19/2022. (jca) (Entered: 07/26/2022)
2022-08-17NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Vernon S. Broderick is no longer assigned to the case. (aea) (Entered: 08/17/2022)
2022-08-1910ANSWER to 1 Complaint,,,. Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 08/19/2022)
2022-08-2311NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/10/2022 at 10:00 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. SO ORDERED. (Signed by Judge Denise L. Cote on 8/23/2022) (ks) (Entered: 08/23/2022)
2022-11-0812FIRST LETTER MOTION for Conference re: 11 Order for Initial Pretrial Conference addressed to Judge Denise L. Cote from J. Ryan Melogy dated November 8, 2022. Document filed by Maritime Legal Aid & Advocacy, Ltd.. Return Date set for 11/10/2022 at 10:00 AM..(Melogy, John) (Entered: 11/08/2022)
2022-11-0813SECOND LETTER MOTION for Conference re: 12 FIRST LETTER MOTION for Conference re: 11 Order for Initial Pretrial Conference addressed to Judge Denise L. Cote from J. Ryan Melogy dated November 8, 2022. addressed to Judge Denise L. Cote from J. Ryan Melogy dated 11/8/22. Document filed by Maritime Legal Aid & Advocacy, Ltd.. Return Date set for 11/10/2022 at 10:00 AM..(Melogy, John) (Entered: 11/08/2022)
2022-11-0814ORDER granting 12 Letter Motion for Conference; granting 13 Letter Motion for Conference. Having received the plaintiff's November 8, 2022 letter requesting that the November 10 conference be held telephonically, it is hereby ORDERED that the November 10 conference will be held telephonically. The parties shall use the following dial-in credentials for the telephone conference: Dial-in: 888-363-4749 Access Code: 4324948. The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 11/8/2022) (vfr) (Entered: 11/09/2022)
2022-11-10Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 11/10/2022. (jwh) (Entered: 11/10/2022)
2022-11-1015ORDER. It is hereby ORDERED that the parties shall submit a status letter by December 16, 2022 regarding the status of the defendant's investigation and any outstanding disputes between the parties relating to the production of documents and, if necessary, propose a schedule for any briefing. The letters shall be no longer than two pages. The parties may submit a joint letter or separate letters. (Signed by Judge Denise L. Cote on 11/10/22) (yv) (Entered: 11/10/2022)
2022-12-1516STATUS REPORT. Joint status letter and proposed schedule Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 12/15/2022)
2022-12-1517MEMO ENDORSEMENT on re: 16 Status Report filed by U.S. Coast Guard. ENDORSEMENT: Status letter is due 3/22/2023. (Signed by Judge Denise L. Cote on 12/15/2022) (tg) (Entered: 12/15/2022)
2023-02-1618LETTER MOTION for Extension of Time (partial extension request) addressed to Judge Denise L. Cote from U.S. Coast Guard dated 2/16/2023. Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 02/16/2023)
2023-02-1619ORDER terminating 18 Letter Motion for Extension of Time. Status letter is due 4/24/23. (Signed by Judge Denise L. Cote on 2/16/2023) (vfr) (Entered: 02/16/2023)
2023-04-2420LETTER MOTION for Extension of Time and joint status update addressed to Judge Denise L. Cote from U.S. Coast Guard dated 4/24/2023. Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 04/24/2023)
2023-04-2421ORDER granting 20 Letter Motion for Extension of Time. Approved. Status letter is due 6/22/23. (Signed by Judge Denise L. Cote on 4/24/2023) (vfr) (Entered: 04/24/2023)
2023-06-2222STATUS REPORT. Joint status letter and request for additional time to respond to three follow-up requests Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 06/22/2023)
2023-06-2323MEMO ENDORSEMENT on re: 22 Status Report filed by U.S. Coast Guard. ENDORSEMENT: Status letter is due 9/8/23. (Signed by Judge Denise L. Cote on 6/23/2023) (vfr) (Entered: 06/23/2023)
2023-09-0824PROPOSED STIPULATION AND ORDER. Document filed by U.S. Coast Guard..(Weinreb, Carly) (Entered: 09/08/2023)
2023-09-0825STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The Coast Guard's productions resolve any and all claims that Maritime Legal Aid now has or may hereinafter acquire against the Coast Guard or the United States of America, or any department, agency, officer, or employee of the Coast Guard and/or the United States of America, related to or arising out of the FOIA Requests. 2. This action is hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each party to bear its own fees and costs 3. 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. U.S. Coast Guard terminated. (Signed by Judge Denise L. Cote on 9/8/2023) (vfr) (Entered: 09/08/2023)
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