| Date Filed | Doc # | Docket Text |
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| 2023-02-07 | 1 | COMPLAINT against All Defendants Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Everton Dawkins. Fee Paid: ANYEDC-16376961 (Attachments: # 1 Civil Cover Sheet) (MB) (Entered: 02/07/2023) |
| 2023-02-07 | 2 | Summons Issued as to Federal Bureau of Investigation and US Department of Justice. (MB) (Entered: 02/07/2023) |
| 2023-02-07 | 3 | 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. (MB) (Entered: 02/07/2023) |
| 2023-02-07 | | Case Assigned to Judge Nina R. Morrison and Magistrate Judge Peggy Kuo. 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. (MB) (Entered: 02/07/2023) |
| 2023-02-07 | 4 | This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (MB) (Entered: 02/07/2023) |
| 2023-02-08 | 5 | SCHEDULING ORDER: An Initial Conference will be held in this case on June 23, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South of the United States Courthouse, 225 Cadman Plaza East, Brooklyn, New York. All counsel are required to attend. Counsel are directed to the annexed Initial Conference Order for instructions. By June 16, 2023 , the parties must file a joint and completed copy of the Proposed Discovery Plan, a PDF version of which may be found at: https://img.nyed.uscourts.gov/files/forms/PK-discovplan.pdf Any request for adjournment of this or any other conference must be made in writing on notice to opposing parties, and must disclose whether or not all parties consent. No request for adjournment will be considered unless made at least two (2) business days before the scheduled conference, except in the event of an emergency. Counsel with knowledge and authority must be present. Per diem counsel may not appear without prior permission of the Court. Plaintiff's counsel is directed to ensure that Defendants are aware of this conference. Ordered by Magistrate Judge Peggy Kuo on 2/8/2023. (RO) (Main Document 5 replaced on 2/8/2023) (RO). (Entered: 02/08/2023) |
| 2023-03-29 | 6 | NOTICE of Appearance by Ekta R. Dharia on behalf of Federal Bureau of Investigation, US Department of Justice (aty to be noticed) (Dharia, Ekta) (Entered: 03/29/2023) |
| 2023-03-29 | 7 | ANSWER to 1 Complaint by Federal Bureau of Investigation, US Department of Justice. (Dharia, Ekta) (Entered: 03/29/2023) |
| 2023-04-10 | 8 | MOTION to Adjourn Conference Initial Conference Sine Die and for a Joint Status Report in Lieu of an Initial Conference by Federal Bureau of Investigation, US Department of Justice. (Dharia, Ekta) (Entered: 04/10/2023) |
| 2023-04-11 | | ORDER: Any response to the 8 Motion to Adjourn Conference must be filed by April 14, 2023 . Ordered by Magistrate Judge Peggy Kuo on 4/11/2023. (NS) (Entered: 04/11/2023) |
| 2023-04-16 | 9 | RESPONSE in Opposition re 8 MOTION to Adjourn Conference Initial Conference Sine Die and for a Joint Status Report in Lieu of an Initial Conference filed by Everton Dawkins. (Harris, Tamara) (Entered: 04/16/2023) |
| 2023-04-17 | | ORDER: The 8 Motion to Adjourn Conference the Initial Conference sine die is denied. The initial conference will proceed as scheduled on June 23, 2023 at 10:30 a.m. before Peggy Kuo, United States Magistrate Judge in Courtroom 11C South. Ordered by Magistrate Judge Peggy Kuo on 4/17/2023. (RO) (Entered: 04/17/2023) |
| 2023-06-15 | 10 | Letter Submitted by Defendants In Lieu of a Proposed Discovery Plan Because There is No Anticipated Discovery by Federal Bureau of Investigation, US Department of Justice (Dharia, Ekta) (Entered: 06/15/2023) |
| 2023-06-15 | | ORDER: The Letter having been filed at 10 , the deadline for the parties to file a joint and completed copy of the Proposed Discovery Plan is lifted. Any discovery issues will be discussed at the initial conference scheduled for June 23, 2023. Ordered by Magistrate Judge Peggy Kuo on 6/15/2023. (RO) (Entered: 06/15/2023) |
| 2023-06-23 | | Minute Entry for proceedings held before Magistrate Judge Peggy Kuo. Initial Conference held by telephone on June 23, 2023. Tamara Harris, Esq. appeared on behalf of plaintiff. Assistant U.S. Attorney Ekta Dharia appeared on behalf of defendants. Defendants stated they produced the relevant FOIA documents to Plaintiff and are unable to confirm or deny any surveillance, due to third party privacy concerns. They also stated that there is no discovery to be produced and they intend to move for summary judgment. The Court denied Plaintiff's oral motion for leave to file a motion to compel further discovery. Defendants are directed to file a pre-motion conference request for proposed summary judgment motion in compliance with Judge Morrison's individual practice rules by July 24, 2023. Any response by Plaintiff to the pre-motion conference request must be filed by August 7, 2023. The parties are directed to file a joint status report informing the Court how they intend to proceed within seven (7) days of a decision on the anticipated motion for summary judgment, if the motion is not fully granted. (FTR Log #10:42 11:16.) (JR) (Entered: 06/30/2023) |
| 2023-07-05 | 11 | TRANSCRIPT of Proceedings held on June 23, 2023, before Judge Kuo. Court Transcriber: Fiore Transcription and Transcription Service. Email address: cmfiore@sbcglobal.net. Transcript may be viewed at the court public terminal or purchased through the Court Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER.File redaction request using event "Redaction Request - Transcript" located under "Other Filings - Other Documents". Redaction Request due 7/26/2023. Redacted Transcript Deadline set for 8/7/2023. Release of Transcript Restriction set for 10/3/2023. (RC) (Entered: 07/05/2023) |
| 2023-07-07 | 12 | NOTICE of Appearance by Philip R. DePaul on behalf of Federal Bureau of Investigation, US Department of Justice (aty to be noticed) (DePaul, Philip) (Entered: 07/07/2023) |
| 2023-07-07 | 13 | MOTION to Withdraw as Attorney with Declaration of Assistant United States Attorney Ekta Dharia, Submitted Pursuant to Local Civil Rule 1.4 by Federal Bureau of Investigation, US Department of Justice. (Dharia, Ekta) (Entered: 07/07/2023) |
| 2023-07-07 | | ORDER granting 13 Motion to Withdraw as Attorney. Attorney Ekta R. Dharia terminated. Ordered by Magistrate Judge Peggy Kuo on 7/7/2023. (RO) (Entered: 07/07/2023) |
| 2023-07-24 | 14 | MOTION for pre motion conference in advance of FBI's anticipated motion for summary judgment pursuant Fed. R. Civ. P. 56 by Federal Bureau of Investigation, US Department of Justice. (DePaul, Philip) (Entered: 07/24/2023) |
| 2023-07-24 | 15 | RULE 56.1 STATEMENT re 14 MOTION for pre motion conference in advance of FBI's anticipated motion for summary judgment pursuant Fed. R. Civ. P. 56 filed by Federal Bureau of Investigation, US Department of Justice. (Attachments: # 1 Declaration of Michael G. Seidel, # 2 Exhibit A (FOIA Request), # 3 Exhibit B (FBI FOIA Response), # 4 Exhibit C (FOIA Appeal to DOJ OIP), # 5 Exhibit D (DOJ OIP Appeal Acknowledgement), # 6 Exhibit E (DOJ OIP Appeal Response), # 7 Exhibit F (FBI Search Response), # 8 Exhibit G (Vaughan Index), # 9 Exhibit H (Seidel Declaration)) (DePaul, Philip) (Entered: 07/24/2023) |
| 2023-08-07 | 16 | RESPONSE in Opposition re 14 MOTION for pre motion conference in advance of FBI's anticipated motion for summary judgment pursuant Fed. R. Civ. P. 56 filed by Everton Dawkins. (Attachments: # 1 Affidavit Everton Dawkins Affidavit in Opposition to Summary Judgment, # 2 Rule 56.1 Statement Everton Dawkins 56.1 Counterstatement) (Harris, Tamara) (Entered: 08/07/2023) |
| 2023-09-05 | | SCHEDULING ORDER: A video pre-motion conference shall take place on September 13, 2023 at 11:30AM before Judge Morrison. The parties will be provided a video access link via email in advance of the conference. Ordered by Judge Nina R. Morrison on 9/5/2023. (FV) (Entered: 09/05/2023) |
| 2023-09-13 | | Minute entry for proceedings held before Judge Nina R. Morrison. The Court held a pre-motion conference on 14 , 15 regarding Government's proposed motion for summary judgment on Wednesday, September 13, 2023. Tamara Harris appeared for Plaintiff. Philip R. DePaul appeared for Government. The Court asked questions about the parties' submissions and the searches remaining in dispute. By October 13, 2023, the parties shall confer and submit a joint letter regarding whether they agree to conduct a search of the Plaintiffs address and redact relevant information pursuant to the FOIA exemptions and/or agree to an in-camera production. If the parties do not agree to either of these proposals, the parties should confer and submit a proposed briefing schedule on motions for summary judgment, and the Government should brief any specific opposition to an in-camera production. (RS) (Entered: 09/13/2023) |
| 2023-10-13 | 17 | MOTION for Leave to File Document /Motion for Summary Judgment in Accordance with the Proposed Briefing Schedule by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A (FBI Letter dated October 11, 2023)) (DePaul, Philip) (Entered: 10/13/2023) |
| 2023-10-17 | | ORDER granting 17 Motion for Leave to File. The Court adopts the parties' proposed summary judgment briefing schedule. Motions for summary judgment shall be served on or before December 12, 2023; opposition papers shall be served on or before February 12, 2024; and the reply papers shall be served on or before March 13, 2024. Ordered by Judge Nina R. Morrison on 10/17/2023. (RS) (Entered: 10/17/2023) |
| 2023-12-12 | 18 | Letter Regarding Service of Defendant's Motion for Summary Judgment and Supporting Papers by Federal Bureau of Investigation (DePaul, Philip) (Entered: 12/12/2023) |
| 2024-02-19 | 19 | MOTION for Extension of Time to File by Everton Dawkins. (Harris, Tamara) (Entered: 02/19/2024) |
| 2024-02-20 | | ORDER granting 19 Motion for Extension of Time to File. Plaintiff's opposition papers shall be served on or before March 4, 2024, and Defendants' reply papers shall be served on or before April 15, 2024. Ordered by Judge Nina R. Morrison on 2/20/2024. (RS) (Entered: 02/20/2024) |
| 2024-04-11 | 20 | Letter by Everton Dawkins (Harris, Tamara) (Entered: 04/11/2024) |
| 2024-04-15 | 21 | Letter MOTION for pre motion conference in light of Plaintiff's representation that he will not oppose the Government's summary judgment motion and no longer wishes to pursue this case by Federal Bureau of Investigation. (DePaul, Philip) (Entered: 04/15/2024) |
| 2024-04-16 | | ORDER. In light of the 20 letter filed by Plaintiff's counsel stating that Plaintiff no longer wishes to pursue this action and is refusing to communicate with his counsel regarding next steps, by April 26, 2024, Plaintiff's counsel shall file a motion to withdraw as attorney. After this motion is filed, the Court will hold a conference with the parties, including Plaintiff, to address the next steps in this action.Ordered by Judge Nina R. Morrison on 4/16/2024. (RS) (Entered: 04/16/2024) |
| 2024-04-23 | 22 | MOTION to Withdraw as Attorney by Everton Dawkins. (Harris, Tamara) (Entered: 04/23/2024) |
| 2024-04-29 | | ORDER granting 22 Motion to Withdraw as Attorney. Attorney Tamara M. Harris terminated. The Court will hold a video conference to discuss the status of this action on May 23, 2024 at 10:00 am. Both parties are directed to appear at this conference, and the parties will be provided a Zoom video access link in advance of the conference. Ordered by Judge Nina R. Morrison on 4/29/2024. (RS) (Entered: 04/29/2024) |
| 2024-05-23 | 23 | MOTION for Summary Judgment by Federal Bureau of Investigation, United States Department of Justice Federal Bureau of Investigation. (DePaul, Philip) (Entered: 05/23/2024) |
| 2024-05-23 | 24 | AFFIDAVIT/DECLARATION in Support re 23 MOTION for Summary Judgment of Michael G. Seidel filed by Federal Bureau of Investigation, United States Department of Justice Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - FBI FOIA Response, # 3 Exhibit C - FOIA Appeal to DOJ OIP, # 4 Exhibit D - DOJ OIP Appeal Acknowledgement, # 5 Exhibit E - DOJ OIP Appeal Response, # 6 Exhibit F - FBI First Search Response, # 7 Exhibit G - FBI First Search Response, # 8 Exhibit H - Vaughn Index, # 9 Exhibit I - Seidel Declaration) (DePaul, Philip) (Entered: 05/23/2024) |
| 2024-05-23 | 25 | RULE 56.1 STATEMENT re 23 MOTION for Summary Judgment filed by Federal Bureau of Investigation, United States Department of Justice Federal Bureau of Investigation. (DePaul, Philip) (Entered: 05/23/2024) |
| 2024-05-23 | 26 | NOTICE by Federal Bureau of Investigation, United States Department of Justice Federal Bureau of Investigation re 23 MOTION for Summary Judgment Pursuant to Local Civil Rule 56.2 To Pro Se Litigant Opposing Motion for Summary Judgment (Attachments: # 1 Text of Fed. R. Civ. P. 56, # 2 Text of Local Civ. R. 56.1) (DePaul, Philip) (Entered: 05/23/2024) |
| 2024-05-23 | 27 | MEMORANDUM in Support re 23 MOTION for Summary Judgment filed by Federal Bureau of Investigation, United States Department of Justice Federal Bureau of Investigation. (DePaul, Philip) (Entered: 05/23/2024) |
| 2024-05-24 | | Minute Order for proceedings held before Judge Nina R. Morrison: The Court held a status conference on May 23, 2024. Plaintiff appeared on behalf of himself. Philip R. DePaul appeared for the Government. The Court discussed the 20 letter filed by Plaintiffs former counsel indicating that Plaintiff no longer wished to pursue this action. Plaintiff informed the Court that he intends to proceed pro se. For the reasons stated on the record, the Court extends Plaintiff's time to file his opposition to the Government's summary judgment motion until June 24, 2024. By July 1, 2024, the Government shall inform the Court whether it will file a reply brief, which shall be due by July 15, 2024. The Court waives its bundling rule. Given that the Court held this status conference, it finds Defendant's 21 Motion for Pre Motion Conference to be moot. The Clerk of Court is directed to mail a copy of this Order to the pro se Plaintiff. (Court Reporter Victoria Torres-Butler.) (RS) (Entered: 05/24/2024) |
| 2024-06-20 | 28 | AFFIDAVIT in Opposition regarding 23 MOTION for Summary Judgment filed by Everton Dawkins. (JVC) (Entered: 06/24/2024) |
| 2024-06-26 | 29 | Consent MOTION for Extension of Time to File Response/Reply /Letter Respectfully Informing the Court that the Government Intends to File a Reply in Connection with its Motion for Summary Judgment by Federal Bureau of Investigation. (DePaul, Philip) (Entered: 06/26/2024) |
| 2024-06-27 | | ORDER granting 29 Motion for Extension of Time to File. The Government's reply is due July 22, 2024. Ordered by Judge Nina R. Morrison on 6/27/2024. (GR) (Entered: 06/27/2024) |
| 2024-07-22 | 30 | REPLY in Support re 23 MOTION for Summary Judgment filed by Federal Bureau of Investigation, United States Department of Justice Federal Bureau of Investigation. (DePaul, Philip) (Entered: 07/22/2024) |
| 2024-07-25 | 31 | AFFIDAVIT in Opposition regarding 23 MOTION for Summary Judgment filed by Everton Dawkins. (JVC) (Entered: 07/25/2024) |
| 2025-02-24 | 32 | ORDER granting 23 Motion for Summary Judgment for the reasons stated in the attached Memorandum and Order. The Clerk of Court is respectfully directed to enter judgment accordingly, mail a copy of this Memorandum and Order to pro se Plaintiff, and close this case. Ordered by Judge Nina R. Morrison on 2/24/2025. (GR) (Entered: 02/24/2025) |
| 2025-02-25 | 33 | CLERK'S JUDGMENT: that Defendants' motion for summary judgment is granted. Signed by Deputy Clerk, Jalitza Poveda, on behalf of Clerk of Court, Brenna B. Mahoney, on 2/25/2025. (copy of appeals packet and judgment mailed to pro se). (JP) (Entered: 02/25/2025) |
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