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Case TitleInsider Inc. et al v. United States Small Business Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv09946
Date Filed2023-11-09
Date Closed2024-03-06
JudgeJudge Dale E. Ho
PlaintiffInsider Inc.
PlaintiffKatherine Long
PlaintiffJohn Newsham
Case DescriptionInsider, Inc. submitted two FOIA requests to the U.S. Small Business Administration for records concerning applications by named companies for various SBA programs. The agency acknowledged receipt of the requests. The agency referred Insider, Inc. to responsive Excel spreadsheets available on its website. It also withheld certain info0rmation about drug-free workplace policies under Exemption 4 (commercial and confidential). Insider, Inc. filed administrative appeals of both requests. After hearing nothing further from the agency, Insider, Inc. filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Attorney's fees

DefendantUnited States Small Business Administration
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-11-091COMPLAINT against United States Small Business Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-28552770)Document filed by Insider Inc., JOHN NEWSHAM, KATHERINE LONG. (Attachments: # 1 Exhibit A-L).(Bettwy, Christopher) (Entered: 11/09/2023)
2023-11-092FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Small Business Administration, re: 1 Complaint. Document filed by Insider Inc., KATHERINE LONG, JOHN NEWSHAM..(Bettwy, Christopher) Modified on 11/13/2023 (sj). (Entered: 11/09/2023)
2023-11-093FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney General, re: 1 Complaint. Document filed by Insider Inc., KATHERINE LONG, JOHN NEWSHAM..(Bettwy, Christopher) Modified on 11/13/2023 (sj). (Entered: 11/09/2023)
2023-11-094FILING ERROR - DEFICIENT SUMMONS REQUEST - PDF ERROR REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office, re: 1 Complaint. Document filed by Insider Inc., KATHERINE LONG, JOHN NEWSHAM..(Bettwy, Christopher) Modified on 11/13/2023 (sj). (Entered: 11/09/2023)
2023-11-095CIVIL COVER SHEET filed..(Bettwy, Christopher) (Entered: 11/09/2023)
2023-11-136NOTICE OF APPEARANCE by Christopher Bix Bettwy on behalf of Insider Inc., KATHERINE LONG, JOHN NEWSHAM..(Bettwy, Christopher) (Entered: 11/13/2023)
2023-11-13***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Christopher Bix Bettwy. The party information for the following party/parties has been modified: KATHERINE LONG, JOHN NEWSHAM. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) (Entered: 11/13/2023)
2023-11-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Dale E. Ho. 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: 11/13/2023)
2023-11-13Magistrate Judge Katharine H. Parker is designated to handle matters that may be referred in this case. 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: 11/13/2023)
2023-11-13Case Designated ECF. (sj) (Entered: 11/13/2023)
2023-11-13***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Bix Bettwy to RE-FILE Document No. 2 Request for Issuance of Summons, 3 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant's name in caption must match exactly as it appears in pleading; summons are only issued to parties of record. 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. (sj) (Entered: 11/13/2023)
2023-11-137FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Small Business Administration, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Topic, Matthew) Modified on 11/14/2023 (pc). (Entered: 11/13/2023)
2023-11-138FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney General, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Topic, Matthew) Modified on 11/14/2023 (pc). (Entered: 11/13/2023)
2023-11-139FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Small Business Administration, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/14/2023 (pc). (Entered: 11/13/2023)
2023-11-1310FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney General, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/14/2023 (pc). (Entered: 11/13/2023)
2023-11-1311FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/14/2023 (pc). (Entered: 11/13/2023)
2023-11-14***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Bix Bettwy to RE-FILE Document No. 8 Request for Issuance of Summons, 11 Request for Issuance of Summons, 10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Defendant party name does not exactly match complaint caption title ( U.S. Small Business Administration ). Only parties listed on the complaint caption title can be issued a summons. 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. (pc) (Entered: 11/14/2023)
2023-11-2112REQUEST FOR ISSUANCE OF SUMMONS as to United States Small Business Administration, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) (Entered: 11/21/2023)
2023-11-2113FILING ERROR - SUMMONS REQUEST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney General, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/22/2023 (jgo). (Entered: 11/21/2023)
2023-11-2114FILING ERROR - SUMMONS REQUEST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/22/2023 (jgo). (Entered: 11/21/2023)
2023-11-2215ELECTRONIC SUMMONS ISSUED as to United States Small Business Administration..(jgo) (Entered: 11/22/2023)
2023-11-22***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Bix Bettwy to RE-FILE Document No. 13 Request for Issuance of Summons, 14 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; summons request could only be issued to parties of record. 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: 11/22/2023)
2023-11-2816FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to United States Small Business Administration c/o U.S. Attorney General, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/29/2023 (jgo). (Entered: 11/28/2023)
2023-11-2817FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to United States Small Business Administration c/o United States Attorney's Office, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) Modified on 11/29/2023 (jgo). (Entered: 11/28/2023)
2023-11-29***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Christopher Bix Bettwy to RE-FILE Document No. 16 Request for Issuance of Summons, 17 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 11/29/2023)
2023-11-3018REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Small Business Administration c/o U.S. Attorney General, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) (Entered: 11/30/2023)
2023-11-3019REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Small Business Administration c/o U.S. Attorney's Office, re: 1 Complaint. Document filed by Insider Inc., Katherine Long, John Newsham..(Bettwy, Christopher) (Entered: 11/30/2023)
2023-12-0120ELECTRONIC AMENDED SUMMONS ISSUED as to United States Small Business Administration. (vf) (Entered: 12/01/2023)
2023-12-0121ELECTRONIC AMENDED SUMMONS ISSUED as to United States Small Business Administration. (vf) (Entered: 12/01/2023)
2024-01-1122LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Dale E. Ho from AUSA Sarah S. Normand dated January 11, 2024. Document filed by United States Small Business Administration..(Normand, Sarah) (Entered: 01/11/2024)
2024-01-1223ORDER granting 22 Letter Motion for Extension of Time to Answer re 22 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Dale E. Ho from AUSA Sarah S. Normand dated January 11, 2024.. Application GRANTED. Defendant's deadline to answer, move, or otherwise respond to the Complaint is ADJOURNED, sine die. The parties shall file a joint status letter proposing next steps in this litigation by March 4, 2024. So Ordered.. (Signed by Judge Dale E. Ho on 1/12/2024) (ks) (Entered: 01/12/2024)
2024-01-2324SUMMONS RETURNED EXECUTED. United States Small Business Administration served on 12/22/2023, answer due 1/12/2024. Service was made by Mail. Document filed by Insider Inc.; John Newsham; Katherine Long..(Bettwy, Christopher) (Entered: 01/23/2024)
2024-01-2325SUMMONS RETURNED EXECUTED (FOIA CASE). Service was made by Mail. Document filed by Insider Inc., John Newsham, Katherine Long..(Bettwy, Christopher) (Entered: 01/23/2024)
2024-01-2326SUMMONS RETURNED EXECUTED (FOIA CASE). United States Small Business Administration served on 12/18/2023, answer due 1/17/2024. Service was made by Mail. Document filed by Insider Inc.; John Newsham; Katherine Long..(Bettwy, Christopher) (Entered: 01/23/2024)
2024-01-2427NOTICE OF APPEARANCE by Jeremy Liss on behalf of United States Small Business Administration..(Liss, Jeremy) (Entered: 01/24/2024)
2024-03-0128FILING ERROR - DEFICIENT DOCKET ENTRY - SIGNATURE ERROR - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Small Business Administration and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Insider Inc., John Newsham, Katherine Long. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Bettwy, Christopher) Modified on 3/4/2024 (nd). (Entered: 03/01/2024)
2024-03-04***NOTICE TO ATTORNEY REGARDING DEFICIENT VOLUNTARY DISMISSAL. Notice to Attorney Christopher Bettwy. RE-FILE Document No. 28 Stipulation of Voluntary Dismissal,,. The filing is deficient for the following reason(s): the stipulation of voluntary dismissal was not signed (ink/wet signatures) by all parties who have appeared;. Re-file the document using the event type Stipulation of Voluntary Dismissal found under the event list Other Documents - select the correct filer/filers - select the correct party/parties the voluntary dismissal is against - and attach the correct signed (scanned signature image) PDF. (nd) (Entered: 03/04/2024)
2024-03-0529STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) United States Small Business Administration and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Insider Inc., John Newsham, Katherine Long. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Bettwy, Christopher) (Entered: 03/05/2024)
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