| Date Filed | Doc # | Docket Text |
|
| 2014-01-31 | 1 | COMPLAINT against U.S. Department of the Treasury, filed by Daniel A. Lorber. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 01/31/2014) |
| 2014-01-31 | 2 | Summons Issued as to U.S. Department of the Treasury, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 01/31/2014) |
| 2014-01-31 | | FILING FEE: $ 400, receipt number 4653069734 (Bowens, Priscilla) (Entered: 01/31/2014) |
| 2014-01-31 | 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. (Bowens, Priscilla) (Entered: 01/31/2014) |
| 2014-01-31 | 4 | SUMMONS Returned Executed by Daniel A. Lorber; U.S. Department of the Treasury served on 1/31/2014, answer due 4/1/2014. (Latka-Mucha, Wieslawa) (Entered: 02/04/2014) |
| 2014-02-28 | 5 | Consent MOTION for Extension of Time to File by U.S. Department of the Treasury. (Soloveichik, Layaliza) Modified on 3/5/2014 (Priftakis, Tina). (Entered: 02/28/2014) |
| 2014-03-05 | | ORDER granting 5 Motion for Extension of Time to Answer. All Defendants must answer or otherwise respond to the Complaint on or before 4/3/2014. Ordered by Magistrate Judge Vera M. Scanlon on 3/5/2014. (Priftakis, Tina) (Entered: 03/05/2014) |
| 2014-04-03 | 6 | ANSWER to 1 Complaint by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/03/2014) |
| 2014-04-17 | 7 | MOTION to Compel by Daniel A. Lorber. (Brucella, Michelle) (Entered: 04/18/2014) |
| 2014-04-17 | 8 | Pro Se Consent to Electronic Notification by Daniel A. Lorber. (Docket Sheet Updated) (Brucella, Michelle) (Entered: 04/18/2014) |
| 2014-04-22 | 9 | SCHEDULING ORDER: Initial Conference set for 5/14/2014 03:30 PM in Courtroom 504 North before Magistrate Judge Vera M. Scanlon. The Parties should be prepared to discuss pro se Plaintiff's 7 Motion to Compel during the Initial Conference. Parties must review both the attached Order and Questionnaire. The parties must review the attached initial conference order and complete the proposed initial scheduling order before coming to the initial conference. Ordered by Magistrate Judge Vera M. Scanlon on 4/22/2014. (Priftakis, Tina) (Entered: 04/22/2014) |
| 2014-05-06 | 10 | Consent MOTION to Set Aside by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 05/06/2014) |
| 2014-05-07 | | ORDER granting 10 Motion to Set Aside. In preparing their joint proposed schedule, the Parties may leave blank those portions of the proposed schedule that the Parties agree do not pertain to this case. On or before 5/12/2014, the Parties will meet and confer (in person or by phone) as to Plaintiff's Motion to Compel, and should be prepared to discuss during the Initial Conference whether any of the issues raised therein have been narrowed. Ordered by Magistrate Judge Vera M. Scanlon on 5/7/2014. (Rice, Liane) (Entered: 05/07/2014) |
| 2014-05-14 | | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Initial Conference Hearing held on 5/14/2014. Appearance by Pro Se Plaintiff Daniel A. Lorber. Appearance by Layaliza K. Soloveichik for Defendant U.S. Department of the Treasurey. (Tape #3:26-4:06.) (Priftakis, Tina) (Entered: 05/23/2014) |
| 2014-05-14 | | ORDER denying 7 Motion to Compel. The motion to compel at 7 is denied for the reasons stated on the record. The parties are to confer as to the FOIA issues dismissed at the conference, including the proposed fee for collection of documents and the scope of the email request. Telephone Conference set for 7/8/2014 10:00 AM before Magistrate Judge Vera M. Scanlon. Defendant's counsel is to initiate a conference call with counsel then call Chambers at (718) 613-2300 at the designated time. During the Telephone Conference, the Court will set a schedule for a Premotion Conference letter to the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 5/14/2014. (Priftakis, Tina) (Entered: 05/23/2014) |
| 2014-07-01 | 11 | TRANSCRIPT of Proceedings held on May 14, 2014, before Judge Scanlon. Court Transcriber: ARIA SERVICES, INC, Telephone number 845-260-1377. 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. Redaction Request due 7/22/2014. Redacted Transcript Deadline set for 8/1/2014. Release of Transcript Restriction set for 9/29/2014. (Rocco, Christine) (Entered: 07/01/2014) |
| 2014-07-02 | 12 | Consent MOTION to Adjourn Conference by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 07/02/2014) |
| 2014-07-03 | | ORDER granting 12 Motion to Adjourn Conference. Defendant's request, made on consent, to reschedule the 7/8/2014 telephone conference is granted. The telephone conference is rescheduled for 7/22/2014 at 11:00 AM before Magistrate Judge Vera M. Scanlon. Defendant is to organize a conference call, then phone Chambers at (718) 613-2300 with pro se Plaintiff on the line. Ordered by Magistrate Judge Vera M. Scanlon on 7/3/2014. (Rice, Liane) (Entered: 07/03/2014) |
| 2014-07-22 | | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 7/22/2014. Appearance by Pro Se Plaintiff Daniel A. Lorber. Appearance by Layaliza K. Soloveichik for Defendant U.S. Department of the Treasury. (Tape #11:00-12:00.) (Priftakis, Tina) (Entered: 07/24/2014) |
| 2014-07-22 | | SCHEDULING ORDER: Plaintiff is to provide Defense counsel with a proposed amended complaint on or before 8/15/2014. Defense counsel will inform Plaintiff by 8/29/2014 whether the government will stipulate to the filing of the government. If the government stipulates, the amended complaint may be filed by 9/5/2014. If the government does not stipulate, the Plaintiff must file a premotion conference letter on or before 9/12/2014. On or before 9/19/2014, the parties are to file a joint status letter of no more than 3 pages describing the status of discovery and any outstanding discovery disputes. A telephone status conference is set for 9/29/2014 at 9:30 A.M. before Magistrate Judge Vera M. Scanlon. Defense counsel is to initiate a conference call with Pro Se Plaintiff then call Chambers at (718) 613-2300 at the designated time. Ordered by Magistrate Judge Vera M. Scanlon on 7/22/2014. (Priftakis, Tina) Modified on 9/24/2014 (Priftakis, Tina). (Entered: 07/24/2014) |
| 2014-08-27 | 13 | TRANSCRIPT of Proceedings held on 7/22/14, before Judge SCANLON. Court Reporter/Transcriber TRANSCRIPTION PLUS II. Email address: laferrara44@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/17/2014. Redacted Transcript Deadline set for 9/29/2014. Release of Transcript Restriction set for 11/25/2014. (Hong, Loan) (Entered: 08/27/2014) |
| 2014-09-05 | 14 | AMENDED COMPLAINT against U.S. Department of the Treasury, filed by Daniel A. Lorber. (Chee, Alvin) (Entered: 09/09/2014) |
| 2014-09-11 | | ORDER. On or before 9/17/2014, the Plaintiff will file the Parties' stipulation to the amended complaint at 14 or the Plaintiff will initiate motion practice for leave to amend the complaint pursuant to the Individual Rules of the District Judge. Ordered by Magistrate Judge Vera M. Scanlon on 9/11/2014. (Rice, Liane) (Entered: 09/11/2014) |
| 2014-09-15 | 15 | Letter dated 9/12/14 from Daniel A. Lorber to Judge Scanlon. (Brucella, Michelle) (Entered: 09/16/2014) |
| 2014-09-17 | | ORDER. As reflected by the email attached to 15 , Defendants consented to the amended pleading filed at 14 . Ordered by Magistrate Judge Vera M. Scanlon on 9/17/2014. (Rice, Liane) (Entered: 09/17/2014) |
| 2014-09-19 | 16 | Consent MOTION for Extension of Time to File response to amended complaint & enclosing joint status report by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 09/19/2014) |
| 2014-09-22 | | ORDER granting 16 Motion for Extension of Time to Answer. Defendant's request, made on consent, to extend its time to answer the Amended Complaint to 10/8/2014 is granted. Ordered by Magistrate Judge Vera M. Scanlon on 9/22/2014. (Rice, Liane) (Entered: 09/22/2014) |
| 2014-09-24 | | Set/Reset Hearings: The 9/29/2014 Telephone Conference is moved from 9:30 AM to 02:00 PM before Magistrate Judge Vera M. Scanlon. Defense counsel is to initiate a conference call with Pro Se Plaintiff then call Chambers at (718) 613-2300 at the designated time. (Priftakis, Tina) (Entered: 09/24/2014) |
| 2014-09-29 | | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 9/29/2014. Appearance by Pro Se Plaintiff Daniel A. Lorber. Appearance by Layaliza K. Soloveichik for Defendant U.S. Department of the Treasurey. (Tape #2:04-2:26.) (Priftakis, Tina) (Entered: 09/30/2014) |
| 2014-09-29 | | ORDER: On or before 10/31/2014, any party wishing to make a summary judgment motion will file a PreMotion Conference letter to the District Judge. The parties should look to the District Judge's Individual Rules available on the Court's website. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2014. (Priftakis, Tina) (Entered: 09/30/2014) |
| 2014-09-29 | | Order Certifying Discovery is complete; As this is a FOIA/Privacy Act case, discovery was not necessary. The parties have refined their requests and responses under the FOIA/Privacy Act so that the action is ripe for a dispositive motion. Ordered by Magistrate Judge Vera M. Scanlon on 9/29/2014. (Priftakis, Tina) Modified on 10/2/2014 (Priftakis, Tina). (Entered: 09/30/2014) |
| 2014-10-08 | 17 | ANSWER to 14 Amended Complaint by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 10/08/2014) |
| 2014-10-21 | 18 | MOTION for pre motion conference by Daniel A. Lorber. (Brucella, Michelle) (Entered: 10/22/2014) |
| 2014-10-22 | | ORDER granting 18 Motion for Pre Motion Conference. The in-person Pre Motion Conference will be held on Thursday, November 13, 2014 at 3:30 p.m. So Ordered by Judge William F. Kuntz, II on 10/22/2014. (Choe, Julia) (Entered: 10/22/2014) |
| 2014-10-23 | | SCHEDULING ORDER: Due to an unanticipated change in the Court's schedule, the Pre Motion Hearing will now take place on Wednesday, 11/12/2014 at 02:00 PM in Courtroom 6H North before Judge William F. Kuntz II. So Ordered by Judge William F. Kuntz, II on 10/23/2014. (Choe, Julia) (Entered: 10/23/2014) |
| 2014-10-28 | 19 | TRANSCRIPT of Proceedings held on 9/29/14, before Judge SCANLON. Court Reporter/Transcriber TYPEWRITE WORD PROCESSING SERVICE, Telephone number 718-966-1401. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/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 11/18/2014. Redacted Transcript Deadline set for 11/28/2014. Release of Transcript Restriction set for 1/26/2015. (Hong, Loan) (Entered: 10/28/2014) |
| 2014-10-28 | 20 | MOTION for Extension of Time to File by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 10/28/2014) |
| 2014-10-29 | | ORDER granting 20 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 10/29/2014. (Choe, Julia) (Entered: 10/29/2014) |
| 2014-11-06 | 21 | Letter to the Court responding to plaintiff's request for a conference as to a proposed Rule 56 motion on his Privacy Act claim by U.S. Department of the Treasury (Soloveichik, Layaliza) (Entered: 11/06/2014) |
| 2014-11-06 | 22 | MOTION for pre motion conference letter to the Court respectfully requesting a pre-motion conference regarding defendant's proposed Rule 56 motion as to plaintiff's FOIA claim by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 11/06/2014) |
| 2014-11-07 | | ORDER granting 22 Motion for Pre Motion Conference. The request will be addressed at the previously scheduled Pre Motion Conference on November 12, 2014 at 2:00 p.m. So Ordered by Judge William F. Kuntz, II on 11/7/2014. (Choe, Julia) (Entered: 11/07/2014) |
| 2014-11-10 | 23 | Letter dated 12/8/14 from Daniel A. Lorber to Judge Kuntz, in response to Doc. No. 21 . (Brucella, Michelle) (Entered: 11/12/2014) |
| 2014-11-12 | | Minute Entry for proceedings held before Judge William F. Kuntz, II: Pre Motion Conference held on 11/12/2014. Appearances: Pro Se Plaintiff Daniel Lorber appeared on his own behalf. Layaliza Soloveichik, Esq., appeared on behalf of the Defendant. The Court informed the parties that their forthcoming Cross-Motions for Summary Judgment will be referred to Magistrate Judge Vera M. Scanlon for a Report & Recommendation. (Court Reporter Sherry Bryant.) (Jackson, Andrew) (Entered: 11/20/2014) |
| 2014-11-14 | 24 | ORDER: In accordance with the pre-motion conference held on November 12, 2014, the Court hereby REFERS the parties' forthcoming Motions for Summary Judgment to the Honorable United States Magistrate Judge Vera M. Scanlon for a Report & Recommendation. The parties are directed to request a conference before Magistrate Judge Scanlon to set a briefing schedule for their respective Motions. Ordered by Judge William F. Kuntz, II on 11/14/2014. (Brucella, Michelle) (Entered: 11/14/2014) |
| 2014-11-14 | | SCHEDULING ORDER: A Telephone Conference is set for 11/21/2014 at 02:30 PM before Magistrate Judge Vera M. Scanlon. Counsel for Defendant will organize a conference call, then phone Chambers at (718) 613-2300 with Mr. Lorber on the line. The Parties must be prepared to propose a briefing schedule. Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2014. (Rice, Liane) (Entered: 11/14/2014) |
| 2014-11-21 | | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 11/21/2014. Appearance by Pro Se Plaintiff Daniel A. Lorber. Appearance by Layaliza K. Soloveichik for Defendant U.S. Department of the Treasurey. (Tape #2:39-3:22.) (Priftakis, Tina) (Entered: 11/21/2014) |
| 2014-11-21 | | SCHEDULING ORDER: The schedule for briefing the Privacy Act issues raised by the plaintiff is as follows: The plaintiff is to serve his motion on the defendant by 12/17/14; the defendant is to oppose the motion by 1/16/15; and the plaintiff is to reply by 1/28/15. The motion may only be filed when fully briefed. On 12/4/14 at 4:30 P.M., there will be a telephone conference with the plaintiff and counsel. The defendant's counsel is to arrange the call with the plaintiff then called Chambers at 718-613-2300. The parties should expect to discuss whether the plaintiff will persist with his FOIA arguments, particularly with regard to fees. If so, the briefing schedule will be amended to include time for the briefing of the FOIA issues. The parties should also expect to discuss whether it would likely be productive for the Court to set a settlement conference during which the Court would review documents submitted for in camera review along with the Vaughn index by the government. The parties are reminded that they may only bring motions that are consistent with Federal Rule of Civil Procedure 11. Ordered by Magistrate Judge Vera M. Scanlon on 11/21/2014. (Priftakis, Tina) (Entered: 11/21/2014) |
| 2014-12-04 | | Minute Entry for proceedings held before Magistrate Judge Vera M. Scanlon:Telephone Conference held on 12/4/2014. Appearance by Pro Se Plaintiff Daniel A. Lorber. Appearance by Layaliza K. Soloveichik for Defendant U.S. Department of the Treasurey. (Tape #4:53-5:13.) (Priftakis, Tina) (Entered: 12/05/2014) |
| 2014-12-04 | | SCHEDULING ORDER: Plaintiff is to serve motion on or before 12/24/2014; Defendants' opposition and any cross-motion is to be served on or before 1/26/2015; Plaintiff is to reply and oppose any cross-motion on or before 2/13/2015; Defendant is to reply on cross-motion on or before 2/27/2015. Government is to file fully briefed motion. Ordered by Magistrate Judge Vera M. Scanlon on 12/4/2014. (Priftakis, Tina) (Entered: 12/05/2014) |
| 2014-12-24 | 25 | Letter dated 12/22/14 from Daniel A. Lorber to Judge Scanlon, informing the court of proof of service. (Brucella, Michelle) (Entered: 12/30/2014) |
| 2015-01-22 | 26 | MOTION for Extension of Time to File by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 01/22/2015) |
| 2015-01-23 | | ORDER granting 26 Motion for Extension of Time to File. At 26 , Defendant requests a brief extension of its time to respond to Plaintiff's motion for summary judgment due to Defendant's counsel being called for jury duty and being out of the office for personal reasons. According to Defendant, pro se Plaintiff does not consent, for the reasons stated at 26 . A brief extension will not prejudice Plaintiff, and Plaintiff's deadlines will be extended accordingly. With some alteration to the dates requested by Defendant, the schedule is amended as follows: Defendant will serve its response and cross-motion by 2/20/2015; Plaintiff will serve his reply and opposition to the cross-motion by 3/18/2015; Defendant will serve its reply on the cross-motion by 4/2/2015; and Defendant will file the fully-briefed motion and provide the Court with the Parties' courtesy copies by 4/3/2015. Ordered by Magistrate Judge Vera M. Scanlon on 1/23/2015. (Rice, Liane) (Entered: 01/23/2015) |
| 2015-02-03 | 27 | TRANSCRIPT of Proceedings held on 12/4/14, before Judge SCANLON. Court Reporter/Transcriber FIORE REPORTING AND TRANSCRIPTION SERVICE, INC., Telephone number 203-929-9992. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/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 2/24/2015. Redacted Transcript Deadline set for 3/6/2015. Release of Transcript Restriction set for 5/4/2015. (Hong, Loan) (Entered: 02/03/2015) |
| 2015-02-18 | 28 | MOTION for Leave to File Excess Pages , MOTION for Extension of Time to File by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 02/18/2015) |
| 2015-02-18 | | ORDER granting 28 Motion for Leave to File Excess Pages; granting 28 Motion for Extension of Time to File. So Ordered by Judge William F. Kuntz, II on 2/18/2015. (Benedict, Kathryn) (Entered: 02/18/2015) |
| 2015-02-25 | 29 | Letter enclosing defendant's cross-motion and opposition to plaintiff's motion by U.S. Department of the Treasury (Soloveichik, Layaliza) (Entered: 02/25/2015) |
| 2015-03-19 | 30 | CERTIFICATE OF SERVICE, filed by Daniel A. Lorber. (Brucella, Michelle) (Entered: 03/20/2015) |
| 2015-04-01 | 31 | MOTION to Amend/Correct/Supplement by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/01/2015) |
| 2015-04-03 | 32 | MOTION for Leave to File Excess Pages by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/03/2015) |
| 2015-04-03 | | ORDER granting 32 Motion for Leave to File Excess Pages. Defendant's request to extend its page limit on the reply from 10 to 15 pages is granted. Ordered by Magistrate Judge Vera M. Scanlon on 4/3/2015. (Rice, Liane) (Entered: 04/03/2015) |
| 2015-04-03 | | ORDER granting 31 Motion to Amend/Correct/Supplement. The 31 motion is granted and Defendant's time to serve its summary judgment motion is extended, nunc pro tunc, from 2/24/2015 to 2/25/2015. Although this is Defendant's third extension of the briefing schedule, Plaintiff will not be prejudiced by the one day extension, as Plaintiff was able to timely serve his opposition papers without requesting a corresponding extension. Ordered by Magistrate Judge Vera M. Scanlon on 4/3/2015. (Rice, Liane) (Entered: 04/03/2015) |
| 2015-04-06 | 33 | Letter advising the Court of the submission of the plaintiff's fully-briefed motion for summary judgment and defendant U.S. Treasury's fully-briefed cross-motion for summary judgment by U.S. Department of the Treasury (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 34 | MOTION for Summary Judgment by Plaintiff; Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 35 | Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 36 | MEMORANDUM in Support re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment and in Support of Defendant's Cross-Motion for Summary Judgment filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 37 | RULE 56.1 STATEMENT re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury Defendant's Statement Pursuant to Loc. Civ. R. 56.1 filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 38 | AFFIDAVIT/DECLARATION in Support re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury filed by U.S. Department of the Treasury. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C (Beamon Decl.), # 4 Ex. D (Franklin Decl & exhs thereto), # 5 Ex. D (Hicks Decl.), # 6 Ex. F) (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 39 | NOTICE by U.S. Department of the Treasury re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury Notice Pursuant to Loc. Civ. R. 56.2 to Pro Se Litigant Opposing Motion for Summary Judgment (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 40 | REPLY in Opposition PLAINTIFF's Memorandum of Law in Reply to Defendant's Opposition to Plaintiff's Motion for Summary Judgment and in Opposition to Defendant's Cross-Motion for Summary Judgment (filed on behalf of plaintiff) filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 41 | RULE 56.1 STATEMENT PLAINTIFF'S Response Pursuant to Loc. R. 56.1(b) to Defendant's Statement of Material Fact (filed on behalf of plaintiff) filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 42 | AFFIDAVIT/DECLARATION in Opposition re 34 MOTION for Summary Judgment by Plaintiff; Memorandum of Points and Authorities in Support of Plaintiff's Motion for Summary Judgment PLAINTIFF's Declaration of Daniel Lorber, and exhs thereto (filed on behalf of plaintiff) filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 43 | REPLY in Support re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury Reply Memorandum of Law in Further Support of Defendant's Cross-Motion for Summary Judgment filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-06 | 44 | RULE 56.1 STATEMENT re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury Defendant's Reply Statement Pursuant to Loc. Civ. R. 56.1 filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 04/06/2015) |
| 2015-04-07 | 45 | REPLY in Support re 35 Notice of MOTION for Summary Judgment Cross-Motion for Summary Judgment by Defendant U.S. Department of Treasury filed by U.S. Department of the Treasury. (Attachments: # 1 Corrected Reply Memorandum of Law in Further Support of Defendant's Cross-Motion for Summary Judgment) (Soloveichik, Layaliza) (Entered: 04/07/2015) |
| 2016-02-02 | | SCHEDULING ORDER: On or before 2/9/2016, each party is to provide the Court with a supplemental brief of no more than three pages providing the Privacy Act-related legal authority for Plaintiff to be provided with the emails identified in his FOIA request (categories 1 through 7) without paying search fees. Unlike FOIA, disclosure is not the primary goal of the Privacy Act, Blazy v. Tenet , 194 F.3d 90, 96 (D.C. Cir. 1999), but rather its purpose is to "safeguard[] the public from unwarranted collection, maintenance, use and dissemination of personal information contained in agency records," Bartel v. F.A.A. , 725 F.2d 1403, 1407 (D.C. Cir. 1984). Moreover, the Privacy Act does not permit a government agency to assess fees for searching for records. 26 C.F.R. § 601.702(f)(3)(iv)(C). The only fees that the agency is permitted to collect are duplication fees for copying records after the first 100 pages of records. Id. A final distinction is that, "while [ ] FOIA permits 'any person' to seek access to any 'agency record,'... the Privacy Act permits only 'an individual' to seek access to only his or her own record, and only if that record is maintained by that agency within a 'system of records.'" Lane , 2006 WL 1455459, at *5. Only "records" retrieved from a "systems of records" are subject to the Privacy Act. Walia v. Napolitano , 986 F. Supp. 2d 169, 186 (E.D.N.Y. 2013). A "record," under the Privacy Act, is defined as: any item, collection, or grouping of information about an individual that is maintained by an agency, including, but not limited to, his education, financial transactions, medical history, and criminal or employment history and that contains his name, or the identifying number, symbol, or other identifying particular assigned to the individual, such as a finger or voice print or a photograph. 5 U.S.C. § 552a(a)(4). A "system of records" is defined as, "a group of any records under the control of any agency from which information is retrieved by the name of the individual or by some identifying number, symbol, or other identifying particular assigned to the individual." 5 U.S.C. § 552a(a)(5). Each agency that establishes a new "system of records" must publish notice of such establishment in the Federal Register. 5 U.S.C. § 552a(e)(4). As described in the Second Circuit decision, Bechhoefer v. U.S. Dep't of Justice , 312 F.3d 563, 566 (2d Cir. 2002), the definition of "system of records" limits the applicability of the Privacy Act to: "[R]ecords" which are maintained by an agency, retrieved by individual identifier[s] (i.e., there is an indexing or retrieval capability using identifying particulars built into the system), and the agency does, in fact, retrieve records about individuals by reference to some personal identifier. The phrase "under the control of the agency" was intended to accomplish two separate purposes: (1) to determine possession and establish accountability; and (2) to separate agency records from records which are maintained personally by employees of an agency but which are not agency records .... It is only when the document becomes incorporated into a record-keeping system under the agencys control that the [Privacy] Act's prescriptions apply. Id. (emphasis in original). Thus, "a group of records should generally not be considered a system of records unless there is actual retrieval of records keyed to individuals." Henke v. U.S. Dept of Commerce , 83 F.3d 1453, 1460 (D.C. Cir. 1996). Simply "because an agency is capable of retrieving the information, and just because it does so to comply with a FOIA request, does not mean that the information is maintained in a Privacy Act 'system of records.'" Yonemoto v. Dep't of Veterans Affairs , 06 Civ. 00378 (BMK), 2007 WL 1310165, at *6 (D. Haw. May 2, 2007) dismissed and remanded , 305 F. App'x 333 (9th Cir. 2008). Several district courts have analyzed whether government agency email archives qualify as a "system of records" under the Privacy Act. These courts have held that, although the email archives may be searchable by a person's name, they did not qualify as a "system of records," either because the email archives were not indexed by a personal identifier or because the email archives were never noticed as a "system of records" in the Federal Register. See, e.g. , Thompson v. United States Dep't of Justice, Criminal Div. , 14 Civ. 1786 (JEB), 2015 WL 7303519, at *6 (D.D.C. Nov. 19, 2015) (Department of Justice email archive is not a "system of records" covered under the Privacy Act); Gordon v. Courter , 14 Civ. 1382 (CKK), 2015 WL 4602588, at *9 (D.D.C. July 31, 2015) (same); Mobley v. C.I.A. , 924 F. Supp. 2d 24, 56 (D.D.C. 2013) aff'd , 806 F.3d 568 (D.C. Cir. 2015) (holding that a database of email is not a "system of records" because the emails are not indexed by a personal identifier); Krieger v. U.S. Dep't of Justice , 529 F.Supp.2d 29, 42-43 (D.D.C. 2008) (holding that e-mails were not part of "system of records" under Privacy Act where plaintiff "offer[ed] no facts suggesting that [records] would have been indexed by name, or that an electronic folder existed that grouped emails related to him by name or other identifier"); Yonemoto , 2007 WL 1310165, at *6 (Department of Veterans Affairs ("VA") email archives were not a "system of records" under the Privacy Act because the VA did not provide notice of a system in the Federal Register); Rivera v. Potter , 400 F. Supp. 2d 404, 410 (D.P.R. 2005) (no indication that printouts of emails found at United States Postal Service facility were maintained in a "system of records" as covered under the Privacy Act because they were not retrievable under the plaintiff's name or filed in a system under an identifier attributed to plaintiff). Ordered by Magistrate Judge Vera M. Scanlon on 2/2/2016. (Calabrese, Corey) (Entered: 02/02/2016) |
| 2016-02-05 | 46 | Joint MOTION for Extension of Time to File by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 02/05/2016) |
| 2016-02-08 | | ORDER granting in part and denying in part 46 Motion for Extension of Time to File: The Parties are granted an extension until 2/12/2016 to respond to the Court's 2/2/2016 Order. Ordered by Magistrate Judge Vera M. Scanlon on 2/8/2016. (Calabrese, Corey) (Entered: 02/08/2016) |
| 2016-02-09 | | SCHEDULING ORDER: This is a supplement to yesterday's order. The Parties' responses to the Court's 2/2/2016 Order are due by NOON on or before 2/12/2016. Ordered by Magistrate Judge Vera M. Scanlon on 2/9/2016. (Calabrese, Corey) (Entered: 02/09/2016) |
| 2016-02-12 | | SCHEDULING ORDER: Pro se Plaintiff phoned Chambers this morning requesting an extension due to unforeseen circumstances. The Parties are granted until 2/16/2016 at 5:00 PM to file their responses to the Court's 2/2/2016. No further extension requests will be granted . Ordered by Magistrate Judge Vera M. Scanlon on 2/12/2016. (Calabrese, Corey) (Entered: 02/12/2016) |
| 2016-02-16 | 47 | Letter brief to the Court respectfully submitted in compliance with February 2, 2016 Order by U.S. Department of the Treasury (Soloveichik, Layaliza) (Entered: 02/16/2016) |
| 2016-02-18 | 48 | Plaintiff's Supplemental Brief of Points and Authorities in Support of Request for Emails Identified in FOIA/Privacy Act Request. (Rodriguez, Lori) (Entered: 02/18/2016) |
| 2016-02-18 | 49 | REPORT AND RECOMMENDATIONS ("R&R") re 34 Motion for Summary Judgment; 35 Cross-Motion for Summary Judgment: For the reasons stated in the attached R&R, this Court respectfully recommends that the District Court deny Plaintiff's motion for summary judgment and grant Defendant's cross-motion for summary judgment in its entirety including: permitting Defendant to charge advance fees before it releases the remaining email records to Plaintiff; denying Plaintiff's request for attorney fees; declining to find that Defendant acted arbitrarily and capriciously; and entering judgment in Defendant's favor. Objections to R&R due by 3/3/2016. Ordered by Magistrate Judge Vera M. Scanlon on 2/18/2016. (Calabrese, Corey) (Entered: 02/18/2016) |
| 2016-03-03 | 50 | OBJECTION to 49 Report and Recommendations filed by Daniel A. Lorber. (Lee, Tiffeny) (Entered: 03/07/2016) |
| 2016-03-09 | 51 | AMENDED REPORT AND RECOMMENDATIONS ("R&R"): Pursuant to Plaintiff's objection at 50 noting that he is not an attorney, the Court has removed references to his profession (p. 1, 6, 29) in the attached Amended R&R. This correction does not change the Court's underlying analysis. Ordered by Magistrate Judge Vera M. Scanlon on 3/9/2016. (Calabrese, Corey) (Main Document 51 replaced on 3/9/2016) (Calabrese, Corey). (Entered: 03/09/2016) |
| 2016-03-17 | 52 | MEMORANDUM in Opposition Defendant's Response to Plaintiff's Objections to Report and Recommendation of Vera M. Scanlon filed by U.S. Department of the Treasury. (Soloveichik, Layaliza) (Entered: 03/17/2016) |
| 2016-03-18 | 53 | MEMORANDUM in Opposition (corrected) Defendant's Response to Plaintiff's Objections to the Report and Recommendation of Magistrate Judge Vera M. Scanlon filed by U.S. Department of the Treasury. (Attachments: # 1 Letter to the Court noting clerical correction) (Soloveichik, Layaliza) (Entered: 03/18/2016) |
| 2016-09-02 | 54 | MEMORANDUM AND ORDER: Before the Court is the March 9, 2016 Amended Report and Recommendation of Magistrate Judge Vera Scanlon regarding Daniel Lorber's ("Plaintiff') Motion for Summary Judgment and the U.S. Department of the Treasury's ("Defendant") Cross-Motion for Summary Judgment. Magistrate Judge Scanlon recommended that the Court deny Plaintiffs Motion and grant Defendant's Motion. For the following reasons, the Court ADOPTS Magistrate Judge Scanlon's Report and Recommendation in its entirety. For the foregoing reasons, Magistrate Judge Scanlon's Report and Recommendation is ADOPTED in accordance with this Memorandum and Order. The Court DENIES Plaintiffs Motion for Summary Judgment, and GRANTS Defendant's Cross-Motion for Summary Judgment. IT IS HEREBY ORDERED THAT: (1) the Court permits Defendant to charge advance fees before releasing the remaining requested email records to Plaintiff; (2) the Court denies Plaintiffs request for attorney fees; (3) the Court declines to find that Defendant acted arbitrarily and capriciously; and (4) the Court enters judgment in favor of Defendant. Ordered by Judge William F. Kuntz, II on 9/1/2016. (Rodriguez, Lori) (Entered: 09/02/2016) |
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