| Date Filed | Doc # | Docket Text |
|
| 2019-01-16 | 1 | COMPLAINT against United States Department of Justice, Federal Bureau of Investigation Was the Disclosure Statement on Civil Cover Sheet completed -No,, filed by Joeseph Mermelstein. (Cox, Dwayne) (Additional attachment(s) added on 1/17/2019: # 1 Exhibit A, # 2 Exhibit B, # 3 Civil Cover Sheet) (Cox, Dwayne). (Entered: 01/17/2019) |
| 2019-01-16 | 2 | Summons Issued as to United States Department of Justice, Federal Bureau of Investigation, U.S. Attorney and U.S. Attorney General (Cox, Dwayne) (Entered: 01/17/2019) |
| 2019-01-16 | | FILING FEE: $ 400.00, receipt number 26968 (Cox, Dwayne) (Entered: 01/17/2019) |
| 2019-01-17 | 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. (Cox, Dwayne) (Entered: 01/17/2019) |
| 2019-01-17 | 4 | MOTION to Stay respectfully submitted on consent by United States Department of Justice, Federal Bureau of Investigation. (Knapp, James) (Entered: 01/17/2019) |
| 2019-01-18 | | ORDER granting 4 Motion to Stay: The government's application, made with the consent of the plaintiff, to stay this matter due to the lapse in appropriations is granted. Ordered by Judge Denis R. Hurley on 1/18/2019. (Gapinski, Michele) (Entered: 01/18/2019) |
| 2019-01-31 | 5 | STATUS REPORT respectfully submitted to advise the Court that appropriations to the Department of Justice have been restored and requesting a lift of the stay by United States Department of Justice, Federal Bureau of Investigation (Knapp, James) (Entered: 01/31/2019) |
| 2019-02-25 | 6 | Letter MOTION for Extension of Time to File Answer by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 02/25/2019) |
| 2019-03-04 | | ORDER re 5 Status Report, filed by United States Department of Justice, Federal Bureau of Investigation : The stay of this matter is hereby lifted. Ordered by Judge Denis R. Hurley on 3/4/2019. (Gapinski, Michele) (Entered: 03/04/2019) |
| 2019-03-05 | | Electronic ORDER granting DE 6 Motion for Extension of Time to Answer. Without opposition, the time for Defendants the United States Department of Justice and the Federal Bureau of Investigation to answer or otherwise respond to the Complaint is extended to and including 3/25/2019. Ordered by Magistrate Judge Steven I. Locke on 3/5/2019. (Vissichelli, Eric) (Entered: 03/05/2019) |
| 2019-03-25 | 7 | Defendants' ANSWER to 1 Complaint, by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/25/2019) |
| 2019-05-16 | 8 | INITIAL CONFERENCE ORDER: An Initial Conference is set for 6/13/2019 at 11:30 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. Ordered by Magistrate Judge Steven I. Locke on 5/16/2019. (Attachments: # 1 SIL Individual Rules, # 2 Scheduling Order Worksheet) (Gandiosi, Kristin) (Entered: 05/16/2019) |
| 2019-06-06 | 9 | Joint MOTION to Adjourn Conference of Initial Discovery and Request No Schedule for Discovery be Established by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 06/06/2019) |
| 2019-06-10 | | Electronic ORDER granting DE 9 Motion to Adjourn Conference. On consent, and in light of the representations set forth in DE 9 , the initial conference currently scheduled for 6/13/2019 is adjourned sine die. The parties are directed to file a joint status report on or before 12/13/2019. Ordered by Magistrate Judge Steven I. Locke on 6/10/2019. (Georgescu, Dora) (Entered: 06/10/2019) |
| 2019-12-13 | 10 | STATUS REPORT Jointly Submitted by United States Department of Justice, Federal Bureau of Investigation (Schumacher, Robert) (Entered: 12/13/2019) |
| 2019-12-27 | | Electronic SCHEDULING ORDER: A status conference is set for 1/9/2020 at 11:00 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 12/27/2019. (Georgescu, Dora) (Entered: 12/27/2019) |
| 2020-01-09 | 11 | Minute Order. for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 1/9/2020. Defendant will produce to Plaintiff an index of documents withheld pursuant to FOIA, including the exemptions asserted, on or before January 31, 2020. The parties will meet and confer on or before March 13, 2020 to address outstanding issues after having reviewed the index. Next status conference is set for April 6, 2020 at 10:00am. Any issues should be letter briefed in advance of the conference so that the Court can issue rulings on the record. Next Status Conference set for 4/6/2020 at 10:00 AM in Courtroom 820 before Magistrate Judge Steven I. Locke. (Gandiosi, Kristin) (Entered: 01/09/2020) |
| 2020-01-28 | | Case reassigned to Judge Gary R. Brown. Judge Denis R. Hurley 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. (Russo, Eric) (Entered: 01/28/2020) |
| 2020-03-15 | | Electronic ORDER. All requests to appear by phone in civil cases will be granted until further notice. All requests to appear by phone should be made in writing as letter motions. All calls shall be initiated by the first named Defendant in the caption unless otherwise agreed to by the parties. Ordered by Magistrate Judge Steven I. Locke on 3/15/2020. (Georgescu, Dora) (Entered: 03/15/2020) |
| 2020-03-18 | | Electronic SCHEDULING ORDER: The status conference scheduled for 4/6/2020 will be conducted at 10:15 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Any party seeking a copy of the record of the teleconference must file a letter motion requesting such relief within five days of the conference. Ordered by Magistrate Judge Steven I. Locke on 3/18/2020. (Georgescu, Dora) (Entered: 03/18/2020) |
| 2020-03-26 | 12 | Letter MOTION to Stay litigation and adjourn telephone conference by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/26/2020) |
| 2020-04-06 | | Electronic ORDER granting DE 12 Motion to Stay. In light of the representations set forth in DE 12 , and without opposition, discovery is stayed sine die. Further, the status conference currently scheduled for 4/6/2020 is adjourned to 6/23/2020 at 10:30 a.m. in courtroom 820 of the Central Islip courthouse. Ordered by Magistrate Judge Steven I. Locke on 4/6/2020. (Georgescu, Dora) (Entered: 04/06/2020) |
| 2020-06-16 | | Electronic SCHEDULING ORDER: The status conference scheduled for 6/23/2020 shall be conducted at 10:30 a.m. through the AT&T teleconference center. Parties should dial 1-877-336-1829 and enter access code 3002871# at the prompt. Ordered by Magistrate Judge Steven I. Locke on 6/16/2020. (Georgescu, Dora) (Entered: 06/16/2020) |
| 2020-06-23 | 13 | Minute Order for proceedings held before Magistrate Judge Steven I. Locke:Status Conference held on 6/23/2020. The discovery stay is lifted as set forth on the record. The parties will meet and confer over the outstanding index on or before July 7, 2020. Moving papers relating to asserted exemptions (and any other related issues) will be served on or before August 18, 2020. Opposition will be served on or before September 29, 2020. Reply papers will be served on or before October 29, 2020. All papers will be filed on or before November 3, 2020. So Ordered by Magistrate Judge Steven I. Locke on 6/24/2020. (Gandiosi, Kristin) (Entered: 06/24/2020) |
| 2020-08-10 | 14 | Letter MOTION for Extension of Time to File governments anticipated dispositive motion and leave to file oversized brief up to 50 pages by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 08/10/2020) |
| 2020-08-14 | | Electronic ORDER granting DE 14 Motion for Extension of Time to File. On consent, Defendant's motion for leave to file an oversized brief up to 50 pages, DE 14 , is granted. Further, the proposed modified briefing schedule for Defendant's anticipated dispositive motion, DE 14 , is approved and So Ordered as follows: (i) Defendant shall serve but not file its moving submission on or before 9/18/2020; (ii) Plaintiff shall serve but not file his opposition on or before 10/29/2020; (iii) Defendant shall serve reply papers, if any, on or before 11/30/2020; and (iv) Defendant shall file all papers with the Court, including a courtesy copy for Chambers, on or before 12/3/2020. Ordered by Magistrate Judge Steven I. Locke on 8/14/2020. (Scrivani, Hillary) (Entered: 08/14/2020) |
| 2020-09-16 | 15 | Letter MOTION for Extension of Time to File anticipated dispositive motion by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 09/16/2020) |
| 2020-09-18 | | Electronic ORDER granting DE 15 Motion for Extension of Time to File. On consent, the proposed modified briefing schedule for Defendant's anticipated dispositive motion, DE 15 , is approved and So Ordered as follows: (i) Defendant shall serve but not file its moving submission on or before 10/20/2020; (ii) Plaintiff shall serve but not file his opposition on or before 11/30/2020; (iii) Defendant shall serve reply papers, if any, on or before 12/30/2020; and (iv) Defendant shall file all papers with the Court, including a courtesy copy for Chambers, on or before 1/4/2021. Ordered by Magistrate Judge Steven I. Locke on 9/18/2020. (Scrivani, Hillary) (Entered: 09/18/2020) |
| 2020-11-24 | 16 | MOTION to Adjourn Conference by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 11/24/2020) |
| 2020-11-30 | | Electronic ORDER granting DE 16 . On consent, the briefing schedule for Defendant's anticipated dispositive motion is extended as follows: (i) Plaintiff shall serve but not file his opposition on or before 12/30/2020; (ii) Defendant shall serve reply papers, if any, on or before 1/29/2021; and (iii) Defendant shall file all papers with the Court, including a courtesy copy for Chambers, on or before 2/3/2021. Ordered by Magistrate Judge Steven I. Locke on 11/30/2020. (Reilly, Megan) (Entered: 11/30/2020) |
| 2021-01-27 | 17 | Letter MOTION for Extension of Time to File /serve their motion for summary judgments reply and opposition to Plaintiffs cross-motion by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 01/27/2021) |
| 2021-01-28 | | Electronic ORDER granting DE 17 Letter Motion for Extension of Time to File. On consent, the deadline for Defendant to serve its motion for summary judgments reply and opposition to Plaintiffs cross-motion is extended to and including 3/16/2021. Ordered by Magistrate Judge Steven I. Locke on 1/28/2021. (Bartell, Max) (Entered: 01/28/2021) |
| 2021-01-28 | 18 | Proposed MOTION to Amend/Correct/Supplement cross motion by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 01/28/2021) |
| 2021-01-29 | | Electronic ORDER granting DE 18 Motion for Leave to File. Without opposition, Plaintiffs motion for leave to file a cross-motion is granted, and the briefing schedule for Defendant's anticipated dispositive motion is modified as follows: (1) the deadline for Plaintiff to serve but not file its cross-motion is extended, nunc pro tunc, to and including 12/30/2020; (2) Defendant shall serve but not file reply papers, if any, and opposition to Plaintiffs cross-motion, if any, on or before 3/16/2021; and (3) Defendant shall file all papers with the Court, including a courtesy copy for Chambers, on or before 3/22/2021. Ordered by Magistrate Judge Steven I. Locke on 1/29/2021. (Bartell, Max) (Entered: 01/29/2021) |
| 2021-03-16 | 19 | Notice of MOTION for Summary Judgment by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 20 | RULE 56.1 STATEMENT re 19 Notice of MOTION for Summary Judgment filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 21 | MEMORANDUM in Support re 19 Notice of MOTION for Summary Judgment filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 22 | DECLARATION re 19 Notice of MOTION for Summary Judgment by United States Department of Justice, Federal Bureau of Investigation (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q) (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 23 | RESPONSE in Opposition re 19 Notice of MOTION for Summary Judgment and Plaintiff's Notice of Cross-Motion filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) Modified on 8/4/2021 (Ortiz, Grisel). (Entered: 03/16/2021) |
| 2021-03-16 | 24 | RULE 56.1 STATEMENT re 19 Notice of MOTION for Summary Judgment -Plaintiff's 56.1 Statement of Material Facts filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 25 | MEMORANDUM in Opposition re 19 Notice of MOTION for Summary Judgment and In Support of Plaintiff's Cross-Motion filed by United States Department of Justice, Federal Bureau of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M) (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 26 | DECLARATION re 19 Notice of MOTION for Summary Judgment - Plaintiff's Declaration of Joseph Mermelstein by United States Department of Justice, Federal Bureau of Investigation (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 27 | REPLY in Support re 19 Notice of MOTION for Summary Judgment and In Opposition to Plaintiff's Cross-Motion for In Camera Review filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 28 | RULE 56.1 STATEMENT re 19 Notice of MOTION for Summary Judgment in Response to Plaintiff's Rule 56.1 Statement of Material Facts filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-16 | 29 | DECLARATION re 19 Notice of MOTION for Summary Judgment Supplemental by United States Department of Justice, Federal Bureau of Investigation (Schumacher, Robert) (Entered: 03/16/2021) |
| 2021-03-19 | | ORDER REFERRING MOTION: 19 Notice of MOTION for Summary Judgment filed by United States Department of Justice, Federal Bureau of Investigation for a Report and Recommendation. Ordered by Judge Gary R. Brown on 3/19/2021. Motions referred to Steven I. Locke. (McMorrow, Karen) (Entered: 03/19/2021) |
| 2021-05-13 | | Case Reassigned to Magistrate Judge James M. Wicks. Magistrate Judge Steven I. Locke 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. Motions referred to James M. Wicks. (Cubano, Jazmin) (Entered: 05/13/2021) |
| 2021-08-04 | 30 | REPORT AND RECOMMENDATION re 19 Defendant's Motion for Summary Judgment and 23 Plaintiff's Cross-Motion for in camera review. PLEASE SEE ATTACHED REPORT AND RECOMMENDATION FOR FURTHER DETAILS. So Ordered by Magistrate Judge James M. Wicks on 8/4/2021. (Sanders, Scott) (Entered: 08/04/2021) |
| 2021-08-16 | 32 | First MOTION for Extension of Time to File objections by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 08/16/2021) |
| 2021-08-17 | | ORDER granting in part and denying in part 32 Motion for Extension of Time to File. Plaintiff's application for an extension of time for the parties to file objections, if any, to the Report and Recommendation dated August 4, 2021 is extended an additional fourteen (14) days to September 1, 2021. Any response to any parties' objections is extended an additional seven (7) days to September 8, 2021. No further extensions of time will be granted. Ordered by Judge Gary R. Brown on 8/17/2021. c/ecf (Johnston, Linda) (Entered: 08/17/2021) |
| 2021-08-17 | 33 | MOTION for Extension of Time to File by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 08/17/2021) |
| 2021-08-18 | 34 | Letter MOTION for Extension of Time to File additional information regarding documents withheld pursuant to a Court sealing order by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 08/18/2021) |
| 2021-08-19 | | ORDER ADOPTING REPORT AND RECOMMENDATIONS for 30 Report and Recommendations, 31 1 - Exparte Docket Entry AND Document CV, Motion for Extension of Time to File Document filed by Joeseph Mermelstein, 33 Motion for Extension of Time to File Document filed by Joeseph Mermelstein, 34 Motion for Extension of Time to File Document filed by United States Department of Justice, Federal Bureau of Investigation Plaintiff Joseph Mermelstein commenced this action against defendant United States Department of Justice, Bureau of Investigation, alleging defendants were wrongfully withholding documents that plaintiff properly requested pursuant to the Freedom of Information Act. Defendants filed a motion for summary judgment, DE 19, and plaintiff filed a cross-motion for an in camera review of every document withheld by defendants, DE 23. In a Report and Recommendation dated August 4, 2021, the Honorable James M. Wicks recommended that defendants' motion be granted in part, plaintiff's cross-motion for in camera review be denied, and that defendants be given fourteen (14) days to file additional documents pertaining to a court sealing order to support its motion. On August 16, 2021, counsel for plaintiff filed two applications for an extension of time to file objections to the Report and Recommendation, DE 31, 32, which the undersigned granted in part. On August 17, 2021, counsel for plaintiff filed an additional application for an extension of time based on personal and medical reasons, DE 33. On August 18, 2021, Defendants filed an application requesting an extension of time to provide the additional information regarding documents withheld pursuant to a Court sealing order due to the fact that the court proceeding at issue was conducted in 2004 and relevant records are not electronically available. DE 34. Defendants explained that in order to properly comply with the Report and Recommendation, the FBI must physically search and locate relevant 17-year old records stored in paper archives. Id. All parties to this action consent to the respective requests for additional time. Id. The Court has conducted a careful review of the Report and Recommendation, DE 30. In light of the (1) parties' submissions, to wit, plaintiff's multiple applications for an extension of time to file objections and defendants' need for additional time to provide additional information and documents pursuant to a Court sealing Order; and (2) Judge Wicks' exceedingly thorough and well reasoned Report and Recommendation, the Report and Recommendation is hereby AFFIRMED in its entirety. All objections thereto may be renewed after the supplemental documents have been provided and Judge Wicks has had the additional time to review said documents. Any additional document submissions or objections may be made to Judge Wicks by October 30, 2021. Ordered by Judge Gary R. Brown on 8/19/2021.c/ecf (Johnston, Linda) (Entered: 08/19/2021) |
| 2021-08-19 | | ORDER granting 33 Motion for Extension of Time to File; granting 34 Motion for Extension of Time to File; granting in part and denying in part 19 Motion for Summary Judgment; denying 23 Motion to Compel. See earlier Order dated August 19, 2021 Adopting Report and Recommendation in its entirety. Ordered by Judge Gary R. Brown on 8/19/2021. c/ecf (Johnston, Linda) (Entered: 08/19/2021) |
| 2021-10-12 | 35 | MOTION for Extension of Time to File Objection to 30 Report and Recommendations filed by Joeseph Mermelstein. (Koenig, Arnold) Modified docket entry from Objection to Motion as per chambers request on 10/13/2021 (Tirado, Chelsea). (Entered: 10/12/2021) |
| 2021-10-14 | | ORDER REFERRING MOTION: 35 MOTION for Extension of Time to File Response/Reply filed by Joeseph Mermelstein. Plaintiff's application, DE 35, as well as any other applications/ motions in this case are most respectfully referred to Judge Wicks to continue his exemplary work in this matter, with the Court's thanks. In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are reminded that, if all parties consent, a United States Magistrate Judge may: (1) conduct all proceedings in this civil action (including a jury or nonjury trial) and to order the entry of a final judgment; or (2) conduct all proceedings and enter a final order on a particular motion. A consent form should be signed and filed electronically only if all parties wish to consent and it is signed by all parties. Consent forms may be accessed at the following links: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085A.pdf. You may withhold your consent without adverse substantive consequences. DO NOT return or file a consent form unless all parties have signed the consent Ordered by Judge Gary R. Brown on 10/14/2021. c/ecf Motions referred to James M. Wicks. (Johnston, Linda) (Entered: 10/14/2021) |
| 2021-10-15 | | ORDER finding as moot 35 Motion for Extension of Time to File Response/Reply. As reflected in Judge Brown's 8/19/2021 order, the deadline for filing objections and supplemental documentation is 10/30/2021. Plaintiff's application for an extension of time to file is therefore unnecessary and his motion is accordingly denied as moot. Plaintiff should provide his objections, currently appended as an exhibit to his motion (DE 35) to the Court by re-filing them as a separate document. So Ordered by Magistrate Judge James M. Wicks on 10/15/2021. (Sanders, Scott) (Entered: 10/15/2021) |
| 2021-10-18 | 36 | OBJECTION to 30 Report and Recommendations filed by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 10/18/2021) |
| 2021-10-29 | 37 | STATUS REPORT by United States Department of Justice, Federal Bureau of Investigation (Schumacher, Robert) (Entered: 10/29/2021) |
| 2021-11-02 | | ORDER: Plaintiff shall file a response, if any, to Defendant's status report [DE 37] on or before 11/16/21. So Ordered by Magistrate Judge James M. Wicks on 11/2/2021. (Sanders, Scott) (Entered: 11/02/2021) |
| 2021-11-16 | 38 | MEMORANDUM in Opposition filed by Joeseph Mermelstein. (Attachments: # 1 Declaration, # 2 Affidavit of Service) (Koenig, Arnold) (Entered: 11/16/2021) |
| 2021-11-18 | 39 | REPLY in Opposition re 38 Memorandum in Opposition filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 11/18/2021) |
| 2021-11-18 | 40 | REPLY in Support filed by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 11/18/2021) |
| 2021-11-18 | | SCHEDULING ORDER: A telephonic status conference is scheduled for 12/9/2021 at 2:00 pm to discuss the issues raised in DE 36, 37, 38, 39, and 40. The parties should dial (866) 434-5269 and enter 9025281# at the prompt. So Ordered by Magistrate Judge James M. Wicks on 11/18/2021. (Sanders, Scott) (Entered: 11/18/2021) |
| 2021-12-09 | 41 | Minute Order for proceedings held before Magistrate Judge James M. Wicks: CIVIL CAUSE FOR STATUS CONFERENCE. Counsel For Plaintiff: Arnold Koenig. Counsel For Defendant: Robert W. Schumacher, II. Telephone Status Conference held on 12/9/2021 at 2:00 PM. As stated on the record, Defendant shall file a supplemental briefing, limited to the propriety of its full and partial withholding of the 31 pages that were initially covered by a court sealing order, on or before 1/10/2022. Plaintiff shall file his opposition on or before 1/28/2022. (FTR Log #2:01-2:23 (tel.).)(Ortiz, Grisel) (Entered: 12/09/2021) |
| 2022-01-10 | 42 | Letter MOTION for Extension of Time to File Supplemental Letter Briefing Pursuant to Court's December 9, 2021 Order by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 01/10/2022) |
| 2022-01-10 | | ORDER granting 42 Motion for Extension of Time to File supplemental briefing. The Government's supplemental briefing is now due on or before January 24, 2022; Plaintiff's response is now due on or before February 11, 2022. So Ordered by Magistrate Judge James M. Wicks on 1/10/2022. (Wicks, James) (Entered: 01/10/2022) |
| 2022-01-24 | 43 | Letter containing supplemental briefing pursuant to the Court's December 9, 2021 Order by United States Department of Justice, Federal Bureau of Investigation (Attachments: # 1 Supplemental Vaughn Index) (Schumacher, Robert) (Entered: 01/24/2022) |
| 2022-02-07 | 44 | MEMORANDUM in Opposition filed by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 02/07/2022) |
| 2022-02-07 | 45 | MOTION for Extension of Time to File by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 02/07/2022) |
| 2022-02-07 | 46 | MOTION for Extension of Time to File by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 02/07/2022) |
| 2022-02-11 | | ORDER denying [DE 45, 46] Motions for Extension of Time to File. Plaintiff's applications--one of which being duplicative of the other--for an extension of time to file objections to the undersigned's future Report and Recommendation are denied as premature. The parties are directed to make any application for an extension of time to object to the Report and Recommendation to the district judge after the Report and Recommendation is issued. So Ordered by Magistrate Judge James M. Wicks on 2/11/2022. (Sanders, Scott) (Entered: 02/11/2022) |
| 2022-03-04 | 47 | REPORT AND RECOMMENDATIONS re [DE 35]: Please see the attached Report and Recommendation, as well as the undersigned's initial Report and Recommendation [DE 30], for additional details. So Ordered by Magistrate Judge James M. Wicks on 3/4/2022. (Sanders, Scott) (Entered: 03/04/2022) |
| 2022-03-18 | 48 | OBJECTION to 47 Report and Recommendations filed by Joeseph Mermelstein. (Koenig, Arnold) (Entered: 03/18/2022) |
| 2022-03-21 | | ORDER re 48 Objection to Report and Recommendations filed by Joseph Mermelstein. Defendant is directed to respond to the plaintiff's Objections, DE 48, to the Report and Recommendations on or before 3/28/2022. Ordered by Judge Gary R. Brown on 3/21/2022. c/ecf (Johnston, Linda) (Entered: 03/21/2022) |
| 2022-03-28 | 49 | REPLY in Opposition re 48 Objection to Report and Recommendations filed by United States Department of Justice, Federal Bureau of Investigation. (Schumacher, Robert) (Entered: 03/28/2022) |
| 2022-03-31 | | ORDER ADOPTING REPORT AND RECOMMENDATIONS for 47 Report and Recommendations, 19 Motion for Summary Judgment filed by United States Department of Justice, Federal Bureau of Investigation ; adopting Report and Recommendations as to 47 Report and Recommendations and granting Defendant's motion for summary judgment 19 ; denying Plaintiff's cross-motion 23 . Presently before the Court is the Report and Recommendation dated March 4, 2022, DE 47, of United States Magistrate Judge James M. Wicks recommending that Defendant's summary judgment motion, DE 19, be granted, and Plaintiff's cross-motion for <in camera review, DE 23, be denied in its entirety. In reviewing a Report and Recommendation, the district court "may accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge." 28 U.S.C. § 636(b)(1). Where a party makes specific and timely objections to a Magistrate Judge's findings or recommendations as to dispositive motions, the district court must apply a de novo standard of review to the portions of the Report and Recommendation to which the objection is made. Fed. R. Civ. P. 72(b); see LLC v. Doe 3 , 604 F.3d 110, 116 (2d Cir. 2010); see also 28 U.S.C. § 636(b)(1). However, "general or conclusory objections, or objections which merely recite the same arguments presented to the magistrate judge, are reviewed for clear error." Caldarola v. Town of Smithtown , No. 09-cv-272, 2011 U.S. Dist. LEXIS 37280, at *1 (E.D.N.Y. Apr. 4, 2011). The Court has carefully reviewed and considered Plaintiff's objections and finds that they fail to raise any colorable objection to the Report and Recommendation and principally restate the conclusory allegations set forth in Plaintiff's motion papers. Because Plaintiff's objections largely consist of general conclusory arguments as well as facts and issues that were presented to Judge Wicks, the undersigned may review the Report and Recommendation for clear error. Nevertheless, although de novo review is not required, the Court has conducted a de novo review of the Report and Recommendation in an abundance of caution. Having carefully reviewed Plaintiff's objections, the motion papers, the applicable law, and having conducted a careful review of the Report and Recommendation de novo , the Court adopts the findings and recommendations contained in the well-reasoned and exceedingly thorough Report and Recommendation dated March 4, 2022, DE 47, of Magistrate Judge Wicks in their entirety. 28 U.S.C. § 636(b)(1)(B); Fed. R. Civ. P. 72(b); see Caldarola , 2011 U.S. Dist. LEXIS 37280, at *1; see also Thomas v. Arn , 474 U.S. 140, 150 (1985); Mario v. P & C Food Mkts., Inc. , 313 F.3d 758, 766 (2d Cir. 2002); Piroleau v. Caserta , No. 10-CV-5670 (SJF), 2012 WL 5389931, at *1 (E.D.N.Y. Oct. 29, 2012). Accordingly, IT IS HEREBY ORDERED that Defendant's summary judgment motion, DE 19, be granted in its entirety, and Plaintiff's cross-motion for <in camera review, DE 23, be denied in its entirety. The Clerk of the Court is directed to close the case. Ordered by Judge Gary R. Brown on 3/31/2022.c/ecf (Johnston, Linda) (Entered: 03/31/2022) |
| 2022-04-04 | 50 | CLERK'S JUDGMENT: ORDERED AND ADJUDGED that Plaintiff Joseph Mermelstein take nothing of Defendant United States Department of Justice, Federal Bureau of Investigation; that Defendant's motion for summary judgment is granted in its entirety; that Plaintiff's cross-motion for in camera review is denied in its entirety; and that this case is closed. Ordered by Clerk of Court on 4/4/2022. (Toritto, Jim) (Entered: 04/04/2022) |
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