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Case TitleFlores v. United States Department of Justice
DistrictEastern District of New York
CityBrooklyn
Case Number1:2015cv02627
Date Filed2015-05-05
Date Closed2017-01-19
JudgeJudge Joan M. Azrack
PlaintiffLouis Flores
Case DescriptionLouis Flores submitted a FOIA request to the Executive Office for U.S. Attorneys for records concerning the prosecution of Lt. Daniel Choi, who challenged the "Don't ask, don't tell" policy on gays in the military. After the agency did not respond, Flores appealed to OIP, which told EOUSA to conduct a search. After hearing nothing further from the agency, Flores filed suit.
Complaint issues: Failure to respond within statutory time limit, Fees, Litigation - Recovery of Costs

DefendantUnited States Department of Justice
AppealSecond Circuit 17-428
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [58]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-05-051COMPLAINT against United States Department of Justice, filed by Louis Flores. (Attachments: # 1 Civil Cover Sheet) (Bowens, Priscilla) (Entered: 05/07/2015)
2015-05-052MOTION for Leave to Proceed in forma pauperis by Louis Flores. (Bowens, Priscilla) (Entered: 05/07/2015)
2015-05-073In 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: 05/07/2015)
2015-05-084ORDER granting 2 Motion for Leave to Proceed in forma pauperis. The United States Marshals Service is directed to serve the summons and complaint upon defendant without prepayment of fees. Ordered by Magistrate Judge Roanne L. Mann on 5/8/2015. (Maynard, Pat) (Entered: 05/08/2015)
2015-05-085Summons Issued as to United States Department of Justice. (Courtesy Copy to U.S. Attorney EDNY) (Galeano, Sonia) (Entered: 05/08/2015)
2015-06-126MOTION for Extension of Time to File Answer re 1 Complaint by United States Department of Justice. (Singh, Rukhsanah) (Entered: 06/12/2015)
2015-06-157RESPONSE in Opposition re 6 MOTION for Extension of Time to File Answer re 1 Complaint filed by Louis Flores. (Pescatore, Brittney) (Entered: 06/15/2015)
2015-06-15ELECTRONIC ORDER granting in part and denying in part 6 the defense motion for a 32-day extension of the deadline for responding to the complaint. In view of pro se plaintiff's objection to the request, the deadline is extended, but only until July 1, 2015. Ordered by Magistrate Judge Roanne L. Mann on 6/15/2015. (Maynard, Pat) (Entered: 06/15/2015)
2015-06-158Pro Se Consent to Electronic Notification by Louis Flores (Piper, Francine) (Entered: 06/16/2015)
2015-06-16Email Notification Test - DO NOT REPLY (Piper, Francine) (Entered: 06/16/2015)
2015-07-019ANSWER to 1 Complaint by United States Department of Justice. (Singh, Rukhsanah) (Entered: 07/01/2015)
2015-07-0110SCHEDULING ORDER: Initial Conference set for 9/16/2015 at 9:30 AM in Courtroom 13C South before Magistrate Judge Roanne L. Mann. SEE ATTACHED MANDATORY REQUIREMENTS FOR CONFERENCE . Ordered by Magistrate Judge Roanne L. Mann on 7/1/2015. (Maynard, Pat) (Entered: 07/01/2015)
2015-09-0311Letter MOTION for leave to allow Pro Se to Electronically File by Louis Flores. (Piper, Francine) (Entered: 09/03/2015)
2015-09-0312Letter dated September 3, 2015 from Louis Flores to Mag. Mann, advising that plaintiff will seek at the initial conference to compel discovery from dft. (Piper, Francine) (Entered: 09/03/2015)
2015-09-04ELECTRONIC ORDER re 11 Letter MOTION for leave to allow Pro Se to Electronically File filed by Louis Flores. This request will be addressed at the September 16th initial conference. Ordered by Magistrate Judge Roanne L. Mann on 9/4/2015. (Maynard, Pat) (Entered: 09/04/2015)
2015-09-04ELECTRONIC ORDER re 12 Letter. Defendant's response is due by September 11, 2015. Ordered by Magistrate Judge Roanne L. Mann on 9/4/2015. (Maynard, Pat) (Entered: 09/04/2015)
2015-09-1113Letter in Response to Plaintiff's September 3, 2015 Letter by United States Department of Justice (Singh, Rukhsanah) (Entered: 09/11/2015)
2015-09-1614Minute Order for Initial Conference held before Magistrate Judge Roanne L. Mann on 9/16/2015. The Court grants pro se plaintiff's request to be able to file electronically (DE #11). The Court grants plaintiff permission to amend/supplement his complaint by September 30, 2015, without prejudice to any defenses the government might raise. The parties are directed to confer further and to jointly file, by November 6, 2015, an updated status report and proposed briefing schedule. SEE ATTACHED ORDER FOR ADDITIONAL RULINGS. (Williams, Jennifer) (Entered: 09/16/2015)
2015-09-2315AMENDED COMPLAINT against United States Department of Justice, filed by Louis Flores. (Flores, Louis) (Entered: 09/23/2015)
2015-09-2316Letter attaching Draft Amended Complaint marked to show changes by Louis Flores (Flores, Louis) (Entered: 09/23/2015)
2015-10-0817ANSWER to 15 Amended Complaint by United States Department of Justice. (Singh, Rukhsanah) (Entered: 10/08/2015)
2015-11-0518STATUS REPORT filed jointly by the Parties in response to the Court's Omnibus Order of 16-September-2015 by Louis Flores (Flores, Louis) (Entered: 11/05/2015)
2015-11-0919MEMORANDUM AND ORDER re 18 Joint Status Report. The Court adopts the parties' proposed briefing schedule. (See attached Memorandum and Order.) Ordered by Magistrate Judge Roanne L. Mann on 11/9/2015. (Dollar, Thomas) (Entered: 11/09/2015)
2015-11-2320MOTION for Summary Judgment by United States Department of Justice. (Attachments: # 1 Notice Pursuant to Local Civil Rule 56.2, # 2 Memorandum in Support, # 3 Rule 56.1 Statement, # 4 Declaration of Assistant U.S. Attorney Rukhsanah L. Singh, Ex. A-N, # 5 Declaration of Princina Stone, # 6 Declaration of Karin Kelly, # 7 Statement of Compliance with Local Civil Rule 7.2) (Singh, Rukhsanah) (Entered: 11/23/2015)
2015-11-2321Letter regarding service of Motion for Summary Judgment on Plaintiff by United States Department of Justice (Singh, Rukhsanah) (Entered: 11/23/2015)
2015-12-2922Letter MOTION for Leave to File Excess Pages regarding Plaintiff's Legal Briefs by Louis Flores. (Flores, Louis) (Entered: 12/29/2015)
2016-01-0423RULE 56.1 STATEMENT of Plaintiff (in Response to DF Rule 56.1 Stmt.) filed by Louis Flores. (Flores, Louis) (Entered: 01/04/2016)
2016-01-05ORDER granting 22 Motion for Leave to File Excess Pages: Plaintiff's motion to file excess pages is granted. Ordered by Judge John Gleeson on 1/5/2016. (Fallon, Ethan) (Entered: 01/05/2016)
2016-01-0524Cross Motion for Summary Judgment and MEMORANDUM in Opposition to DF's Motion for Summary Judgment filed by Louis Flores. (Attachments: # 1 Memorandum in Opposition PL's Opposition to DF's MSJ) (Flores, Louis) Modified as per Chambers (RLM) on 7/11/2016 (Lee, Tiffeny). (Entered: 01/05/2016)
2016-01-0525Notice of MOTION for Sanctions under Rule 52 by Louis Flores. (Attachments: # 1 Memorandum in Support PL's Rule 52 Motion for Sanctions) (Flores, Louis) (Entered: 01/05/2016)
2016-01-0526DECLARATION of Plaintiff re : (i) PL's Opp. to DF's MSJ and (ii) PL's Rule 52 Motion for Sanctions by Louis Flores (Attachments: # 1 Exhibit Ex. A - E, # 2 Exhibit Ex. F (Part 1 of 5), # 3 Exhibit Ex. F (Part 2 of 5), # 4 Exhibit Ex. F (Part 3 of 5), # 5 Exhibit Ex. F (Part 4 of 5), # 6 Exhibit Ex. F (Part 5 of 5), # 7 Exhibit Ex. G (Part 1 of 4), # 8 Exhibit Ex. G (Part 2 of 4) (Tabs A-C), # 9 Exhibit Ex. G (Part 3 of 4) (Tab D), # 10 Exhibit Ex. G (Part 4 of 4) (Tabs E-H), # 11 Exhibit Ex. H - Q, # 12 Exhibit Ex. R - U, # 13 Exhibit Ex. V - Z, # 14 Exhibit Ex. AA - JJ, # 15 Exhibit Ex. KK - RR) (Flores, Louis) (Entered: 01/05/2016)
2016-02-1227REPLY to Response to Motion re 20 MOTION for Summary Judgment and in Opposition to Plaintiff's Motion for Partial Summary Judgment filed by United States Department of Justice. (Attachments: # 1 Reply 56.1 Statement) (Singh, Rukhsanah) (Entered: 02/12/2016)
2016-02-1228MEMORANDUM in Opposition re 25 Notice of MOTION for Sanctions under Rule 52 filed by United States Department of Justice. (Attachments: # 1 Declaration of Assistant U.S. Attorney Rukhsanah L. Singh, Ex. O-T) (Singh, Rukhsanah) (Entered: 02/12/2016)
2016-02-1229NOTICE by United States Department of Justice re 28 Memorandum in Opposition, 27 Reply to Response to Motion, of Compliance with Local Civil Rule 7.2 (Singh, Rukhsanah) (Entered: 02/12/2016)
2016-02-2430MEMORANDUM in Opposition re 20 MOTION for Summary Judgment Surreply filed by Louis Flores. (Flores, Louis) (Entered: 02/24/2016)
2016-02-2431MEMORANDUM in Opposition re 25 Notice of MOTION for Sanctions under Rule 52 Surreply in Opposition to Defandant's Memorandum filed by Louis Flores. (Flores, Louis) (Entered: 02/24/2016)
2016-02-2432RULE 56.1 STATEMENT Surreply in Opposition to Defendant's 56.1 Statement filed by Louis Flores. (Flores, Louis) (Entered: 02/24/2016)
2016-02-2433DECLARATION with Exhibits M and N by Louis Flores (Flores, Louis) (Entered: 02/24/2016)
2016-03-10Case Reassigned to Judge Joan M. Azrack. Judge John Gleeson no longer assigned to the case.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. (Mahoney, Brenna) (Entered: 03/10/2016)
2016-05-27ORDER REFERRING 20 MOTION for Summary Judgment filed by defendant United States Department of Justice and 25 MOTION for Sanctions under Rule 52 filed by plaintiff Louis Flores. These motions are respectfully referred to Magistrate Judge Mann for a Report and Recommendation. Ordered by Judge Joan M. Azrack on 5/27/2016. (Terranova, Robert) (Entered: 05/27/2016)
2016-07-06SCHEDULING ORDER: Motion Hearing set for 7/11/2016 at 10:00 AM in Courtroom 13C South before Chief Mag. Judge Roanne L. Mann. The Court will hear argument regarding the parties' cross-motions for summary judgment. Ordered by Chief Mag. Judge Roanne L. Mann on 7/6/2016. (Dollar, Thomas) (Entered: 07/06/2016)
2016-07-1134Minute Order. for proceedings held before Chief Mag. Judge Roanne L. Mann:taking under advisement 20 Motion for Summary Judgment; taking under advisement 24 Motion for Summary Judgment; taking under advisement 25 Motion for Sanctions; Motion Hearing held on 7/11/2016 re 24 MOTION for Summary Judgment filed by Louis Flores, 25 Notice of MOTION for Sanctions under Rule 52 filed by Louis Flores, 20 MOTION for Summary Judgment filed by United States Department of Justice. The Court encourages the parties to try to resolve the matter informally ( see attached Minute Entry ). (Maynard, Pat) (Entered: 07/11/2016)
2016-07-2535TRANSCRIPT of Proceedings held on July 11, 2016, before Judge Mann. Court Transcriber TypeWrite Word Processing Service, Telephone number 718-966-1401. 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 8/15/2016. Redacted Transcript Deadline set for 8/25/2016. Release of Transcript Restriction set for 10/24/2016. (Rocco, Christine) (Entered: 07/25/2016)
2016-07-2936STATUS REPORT of Parties following Minute Order (Dkt No 34) by Louis Flores (Flores, Louis) (Entered: 07/29/2016)
2016-08-0837ORDER re 36 Status Report. For the reasons explained in the attached Order, the government is directed to provide supplemental declarations, from persons with knowledge of the facts contained therein, by August 18, 2016. (See attached Order for further details.) Ordered by Chief Mag. Judge Roanne L. Mann on 8/8/2016. (Williams, Jennifer) (Entered: 08/08/2016)
2016-08-1638MOTION for Extension of Time to File supplemental declarations in response to Court's August 8, 2016 Order by United States Department of Justice. (Singh, Rukhsanah) (Entered: 08/16/2016)
2016-08-1639REPLY in Opposition re 38 MOTION for Extension of Time to File supplemental declarations in response to Court's August 8, 2016 Order -- PL's Opp'n Letter filed by Louis Flores. (Flores, Louis) (Entered: 08/16/2016)
2016-08-17ELECTRONIC ORDER granting 38 Motion for Extension of Time to File. Application grated, over plaintiff's objection, with a statement of reasons to follow shortly. Ordered by Chief Mag. Judge Roanne L. Mann on 8/17/2016. (Maynard, Pat) (Entered: 08/17/2016)
2016-08-2440MEMORANDUM AND ORDER re 8/17/2016 Order on Motion for Extension of Time to File. Plaintiff's request for discovery from other DOJ employees is denied, for the reasons stated in this Court's Memorandum and Order ( see attached M&O ). Ordered by Chief Mag. Judge Roanne L. Mann on 8/24/2016. (Maynard, Pat) (Entered: 08/24/2016)
2016-08-2441Letter pursuant to the Court's August 8, 2016 Order (Dkt. No. 37) by United States Department of Justice (Attachments: # 1 Declaration of Daniel F. Van Horn) (Singh, Rukhsanah) (Entered: 08/24/2016)
2016-08-26ELECTRONIC ORDER re 41 Letter filed by United States Department of Justice. Pro se plaintiff Louis Flores is directed to notify the Court, via ECF, by August 30, 2016, whether he wishes to respond to defendant's August 24th supplemental submission and, if so, to propose a deadline for his responsive filing. Ordered by Chief Mag. Judge Roanne L. Mann on 8/26/2016. (Maynard, Pat) Modified to include date for response to Court on 8/29/2016 (Maynard, Pat). (Entered: 08/26/2016)
2016-08-2942Letter to Court regarding PL response due to DOJ Declaration by Louis Flores (Flores, Louis) (Entered: 08/29/2016)
2016-08-29ELECTRONIC ORDER re 42 Letter filed by Louis Flores: Application granted. Pro se plaintiff's supplemental submission is due by September 7, 2016. Ordered by Chief Mag. Judge Roanne L. Mann on 8/29/2016. (Sims, Damani) (Entered: 08/29/2016)
2016-09-0243MEMORANDUM in Opposition re 41 Letter and Request for Entry of Judgments filed by Louis Flores. (Flores, Louis) (Entered: 09/02/2016)
2016-09-0744Letter in response to Plaintiff's new request for sanctions under Fed. R. Civ. P. 56(h) by United States Department of Justice (Singh, Rukhsanah) (Entered: 09/07/2016)
2016-09-0845ORDER re 44 Letter filed by United States Department of Justice, 43 Memorandum in Opposition filed by Louis Flores. For the reasons stated in this Court's Order, the Court is forwarding to plaintiff, by separate email, a copy of the transcript of the July 11th proceeding ( see attached Order ). Ordered by Chief Mag. Judge Roanne L. Mann on 9/8/2016. (Maynard, Pat) (Entered: 09/08/2016)
2016-09-0946Letter to Court regarding Cost of Transcript by Louis Flores (Flores, Louis) (Entered: 09/09/2016)
2016-09-1347Letter to Court regarding Transcript of Oral Arguments by Louis Flores (Flores, Louis) (Entered: 09/13/2016)
2016-10-0448REPORT AND RECOMMENDATIONS re 20 MOTION for Summary Judgment filed by United States Department of Justice, 24 MOTION for Summary Judgment filed by Louis Flores, and 25 MOTION for Sanctions Under Rule 52 filed by Louis Flores: For the reasons stated in the attached R&R, this Court recommends that defendant's motion for summary judgment be granted in its entirety, and that plaintiff's cross-motions for summary judgment and for sanctions and penalties be denied. Objections to this R&R are due by 10/21/2016. Ordered by Chief Mag. Judge Roanne L. Mann on 10/4/2016. (Pauley, Anders) (Entered: 10/04/2016)
2016-10-0649First MOTION for Extension of Time to File Response/Reply as to 48 REPORT AND RECOMMENDATIONS re 24 MOTION for Summary Judgment filed by Louis Flores, 25 Notice of MOTION for Sanctions under Rule 52 filed by Louis Flores, 20 MOTION for Summary Judgment filed by United States Department o Request of Extension of Time to file Objection by Louis Flores. (Flores, Louis) (Entered: 10/06/2016)
2016-10-11ORDER granting 49 Motion for Extension of Time to File Response/Reply. Responses due by 11/4/2016. Ordered by Judge Joan M. Azrack on 10/11/2016. (Posillico, Lauren) (Entered: 10/11/2016)
2016-11-0350OBJECTION to 48 Report and Recommendations filed by Louis Flores. (Flores, Louis) (Entered: 11/03/2016)
2016-11-1751MEMORANDUM in Opposition Defendant's Response to Plaintiff's Objection to the Chief Magistrate Judge's Report and Recommendation filed by United States Department of Justice. (Mahoney, Kathleen) (Entered: 11/17/2016)
2016-11-1752NOTICE by United States Department of Justice Statement of Compliance with Local Civil Rule 7.2 (cases not attached) (Mahoney, Kathleen) (Entered: 11/17/2016)
2016-11-1753Letter to Plainitff enclosing Defendant's Response to Plaintiff's Objection to the Chief Magistrate Judge's Report and Recommendation and Statement of Compliance with Local Civil Rule 7.2 (caes attached) by United States Department of Justice (Mahoney, Kathleen) (Entered: 11/17/2016)
2016-11-1754Letter to Honorable Joan M. Azrack enclosing courtesy copies of Defendant's Response to Plaintiff's Objection to the Chief Magistrate Judge's Report and Recommendation and Statement of Compliance with Local Civil Rule 7.2 (without cases attached) by United States Department of Justice (Mahoney, Kathleen) (Entered: 11/17/2016)
2016-11-1855NOTICE of Appearance by Kathleen Anne Mahoney on behalf of United States Department of Justice (aty to be noticed) (Mahoney, Kathleen) (Entered: 11/18/2016)
2016-11-2156REPLY in Opposition re 51 Memorandum in Opposition Plaintiff's Letter Reply filed by Louis Flores. (Flores, Louis) (Entered: 11/21/2016)
2016-11-2157Letter to Honorable Joan M. Azrack regarding Defendant's service of unrerported case law by United States Department of Justice (Mahoney, Kathleen) (Entered: 11/21/2016)
2017-01-1858ORDER: Accordingly, the Court grants defendant's motion for summary judgment and denies plaintiff's cross-motion for summary judgment and cross-motion for sanctions and penalties. The Clerk of Court is directed to close this case. SO Ordered by Judge Joan M. Azrack on 1/18/2017. (Tirado, Chelsea) (Entered: 01/19/2017)
2017-01-1959JUDGMENT in favor of United States Department of Justice against Louis Flores. It is ORDERED AND ADJUDGED that plaintiff Louis Flores take nothing of defendant United States Department of Justice; that defendants motion for summary judgment is granted; that plaintiffs cross-motion for summary judgment is denied; that plaintiffs cross-motion for sanction and penalties is denied; and that this case is hereby closed. Signed by James J. Toritto, Deputy Clerk on 1/19/2017. c/m pro pltff. (Coleman, Laurie) (Entered: 01/19/2017)
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