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Case TitleRobbins Geller Rudman & Dowd LLP v. United States Securities and Exchange Commission
DistrictEastern District of New York
CityCentral Islip
Case Number2:2019cv00933
Date Filed2019-02-15
Date Closed2019-12-30
JudgeMagistrate Judge Ramon E. Reyes, Jr
PlaintiffRobbins Geller Rudman & Dowd LLP
Case DescriptionThe law firm of Robbins Geller Rudman & Dowd submitted a FOIA request to the Securities and Exchange Commission for records concerning the agency's investigation of Hertz. The agency denied the request under Exemption 7(A) (ongoing investigation or proceeding). However, alleging that the investigation had now been closed, the law firm resubmitted its original request. The agency again denied the request under Exemption 7(A). The agency also told the law firm that it could file suit. The agency then filed suit.
Complaint issues: Litigation - Vaughn index, Litigation - Attorney's fees

DefendantUnited States Securities and Exchange Commission
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-151COMPLAINT FOR INJUNCTIVE RELIEF against United States Securities and Exchange Commission filing fee $ 400, receipt number ANYEDC-11206203 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by Robbins Geller Rudman & Dowd LLP. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5) (Capeci, Michael) (Entered: 02/15/2019)
2019-02-152Proposed Summons. Re 1 Complaint, by Robbins Geller Rudman & Dowd LLP (Capeci, Michael) (Entered: 02/15/2019)
2019-02-193This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (Flanagan, Doreen) (Entered: 02/19/2019)
2019-02-19Case Assigned to Judge Joseph F. Bianco and Magistrate Judge Arlene R. Lindsay. 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. (Flanagan, Doreen) (Entered: 02/19/2019)
2019-02-194In 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. (Flanagan, Doreen) (Entered: 02/19/2019)
2019-02-195Summons Issued as to United States Securities and Exchange Commission, U.S. Attorney and U.S. Attorney General (Flanagan, Doreen) (Entered: 02/19/2019)
2019-02-206AFFIDAVIT of Service for Summons and Complaint served on United States Attorney General Letitia James & United States Attorney for the Eastern District of New York, Richard P. Donoghue on February 19, 2019, filed by Robbins Geller Rudman & Dowd LLP. (Capeci, Michael) (Entered: 02/20/2019)
2019-02-207SUMMONS Returned Executed by Robbins Geller Rudman & Dowd LLP. United States Securities and Exchange Commission served on 2/19/2019, answer due 3/12/2019. (Capeci, Michael) (Entered: 02/20/2019)
2019-03-08Case randomly reassigned to Judge William F. Kuntz, II and Magistrate Judge Ramon E. Reyes, Jr. Judge Joseph F. Bianco, Magistrate Judge Arlene R. Lindsay 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. (Florio, Lisa) (Entered: 03/08/2019)
2019-03-088In 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. (Florio, Lisa) (Entered: 03/08/2019)
2019-03-229ANSWER to 1 Complaint, by United States Securities and Exchange Commission. (Lipari, Vincent) (Entered: 03/22/2019)
2019-03-2210SCHEDULING ORDER: Initial Conference set for 4/17/2019 at 11:30 AM in Courtroom 2E North before Magistrate Judge Ramon E. Reyes, Jr., in Courtroom 2E North located in the United States Eastern District of New York Courthouse, 225 Cadman Plaza East, Brooklyn, New York 11201. All counsel are required to attend, and plaintiff's counsel is directed to ensure that all counsel are aware of their obligation to appear. Any requests for adjournment must be made at least forty-eight (48) hours before the scheduled conference. Prior to the conference, the parties are to comply with the requirements of Rule 26(f) of the Fed. R. Civ. P. (See attached blank document.) Case Management Statement must be completed and filed on ECF no later than 4/10/2019. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 3/22/2019. (Several, Emily) (Entered: 03/22/2019)
2019-04-0911NOTICE of Appearance by Kathleen Anne Mahoney on behalf of United States Securities and Exchange Commission (aty to be noticed) (Mahoney, Kathleen) (Entered: 04/09/2019)
2019-04-1012Letter to Honorable Ramon E. Reyes, Jr. enclosing Defendant's proposed Case Managment Statement by United States Securities and Exchange Commission (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) (Entered: 04/10/2019)
2019-04-1013CASE MANAGEMENT STATEMENT on behalf of Plaintiff (Rudman, Samuel) (Entered: 04/10/2019)
2019-04-1014Letter to Honorable Ramon E. Reyes, Jr. re: explanation why Plaintiff and Defendant have each submitted their own Case Management Plans by Robbins Geller Rudman & Dowd LLP (Rudman, Samuel) (Entered: 04/10/2019)
2019-04-17Minute Entry for proceedings held before Magistrate Judge Ramon E. Reyes, Jr.: Initial Conference Hearing held on 4/17/2019. Appearances: Michael G. Capeci, Esq. and Evan Jay Kaufman, Esq., for Plaintiff; Kathleen Anne Mahoney, Esq., for Defendant. Paralegal from the U.S. Attorney's Office also present. Discussions held. Plaintiff's request for a discovery schedule is denied pending Defendant's anticipated motion for summary judgment. Defendant is directed to file a letter by 4/24/2019 informing the Court whether it consents to Judge Reyes's jurisdiction. If Defendant chooses to consent, the letter should also include a briefing schedule for the anticipated motion for summary judgment. (FTR Log #11:38:05-12:07:27.) (Several, Emily) (Entered: 04/17/2019)
2019-04-2415CONSENT to Jurisdiction by US Magistrate Judge by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 04/24/2019)
2019-04-2416Letter to Honorable Ramon E. Reyes, Jr. setting forth proposed briefing schedule for Defendant's motion for summary judgment by United States Securities and Exchange Commission (Mahoney, Kathleen) ADDED Event Type Motion for Extension of Time to File Document on 4/25/2019 (Vertus, Miriam). (Entered: 04/24/2019)
2019-04-2417Letter MOTION for New Trial Letter Motion Requesting that the Court Schedule a Trial in this Litigation by Robbins Geller Rudman & Dowd LLP. (Rudman, Samuel) (Entered: 04/24/2019)
2019-04-26Case no longer referred to Magistrate Judge Ramon E. Reyes, Jr. (Tavarez, Jennifer) (Entered: 04/29/2019)
2019-04-2618CONSENT to Jurisdiction by US Magistrate Judge Case reassigned to Magistrate Judge Ramon E. Reyes, Jr for all further proceedings. Judge William F. Kuntz, II no longer assigned to 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. (Tavarez, Jennifer) (Entered: 04/29/2019)
2019-04-29ORDER granting 16 Briefing Schedule Ordered by Magistrate Judge Ramon E. Reyes, Jr on 4/29/2019. (Reyes, Ramon) (Entered: 04/29/2019)
2019-05-0619RESPONSE in Opposition re 17 Letter MOTION for New Trial Letter Motion Requesting that the Court Schedule a Trial in this Litigation filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 05/06/2019)
2019-06-2120Letter to Plaintiff's counsel enclosing Defendant's motion for summary judgment by United States Securities and Exchange Commission (Mahoney, Kathleen) (Entered: 06/21/2019)
2019-07-2221Letter to Defendant's counsel enclosing Plaintiff's Motion for Summary Judgement Opposition by Robbins Geller Rudman & Dowd LLP (Capeci, Michael) (Entered: 07/22/2019)
2019-08-0522Notice of MOTION for Summary Judgment by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0523RULE 56.1 STATEMENT re 22 Notice of MOTION for Summary Judgment Defendant's Statement Pursuant to Local Civil Rule 56.1 filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0524MEMORANDUM in Support re 22 Notice of MOTION for Summary Judgment Memorandum of Law in Support of Defendant's Motoin for Summary Judgment filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0525AFFIDAVIT/DECLARATION in Support re 22 Notice of MOTION for Summary Judgment Declaration of Aaron Taylor filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0526AFFIDAVIT/DECLARATION in Support re 22 Notice of MOTION for Summary Judgment Declaration of Kenneth V. Byrne filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0527MEMORANDUM in Opposition re 22 Notice of MOTION for Summary Judgment Plaintif's Memorandum of Law in Opposition to Defendant's Motion for Summary Judgment filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0528RULE 56.1 STATEMENT re 22 Notice of MOTION for Summary Judgment Plaintiff's Response to Defendant's Statement Pursuant to Local Civil Rule 56.1 filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0529AFFIDAVIT/DECLARATION in Opposition re 22 Notice of MOTION for Summary Judgment Declaration of Michael G. Capeci in Support of Plaintiff's Opposition to Defendant's Motion for Summary Judgment [Note: Exhibit 1 was rejected for ECF filing] filed by United States Securities and Exchange Commission. (Attachments: # 1 Exhibit Exhibit 2, # 2 Exhibit Exhibit 3, # 3 Exhibit Exhibit 4, # 4 Exhibit Exhibit 5, # 5 Exhibit Exhibit 6, # 6 Exhibit Exhibit 7, # 7 Exhibit Exhibit 8, # 8 Exhibit Exhibit 9, # 9 Exhibit Exhibit 10, # 10 Exhibit Exhibit 11) (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0530REPLY in Support re 22 Notice of MOTION for Summary Judgment Reply Memorandum of Law in Support of Defendant's Motion for Summary Judgment filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0531AFFIDAVIT/DECLARATION in Support re 22 Notice of MOTION for Summary Judgment Supplemental Declaration of Kenneth V. Byrne filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0532AFFIDAVIT/DECLARATION in Support re 22 Notice of MOTION for Summary Judgment [Supplemental] Declaration of Aaron Taylor filed by United States Securities and Exchange Commission. (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0533Letter to Honorable Ramon E. Reyes, Jr., enclosing Defendant's motion for summary judgment (fully briefed) by United States Securities and Exchange Commission (Mahoney, Kathleen) (Entered: 08/05/2019)
2019-08-0634MOTION for Hearing re 29 Affidavit in Opposition to Motion,, Request for Oral Argument on Defendant's Motion for Summary Judgement by Robbins Geller Rudman & Dowd LLP. (Attachments: # 1 Exhibit 1 - Hertz Global Holdings Inc.'s November 14, 2014 Form 8-K (Exhibit 1 to the Capeci Declaration submitted on July 22, 2019)) (Capeci, Michael) (Entered: 08/06/2019)
2019-10-17ORDER denying 34 Motion for Hearing. Ordered by Magistrate Judge Ramon E. Reyes, Jr., on 10/17/2019. (Several, Emily) (Entered: 10/17/2019)
2019-12-16ORDER: Defendant is directed to hand-deliver to the Court by 12/20/2019, the tolling agreements referenced in Dkt. No. 30 at 4-5, in addition to any other related information establishing the persons subject to the tolling agreements for in camera review. Ordered by Magistrate Judge Ramon E. Reyes, Jr. on 12/16/2019. (Several, Emily) (Entered: 12/16/2019)
2019-12-2035Letter Cover letter to Magistrate Judge Reyes by United States Securities and Exchange Commission (Mahoney, Kathleen) (Entered: 12/20/2019)
2019-12-2336Letter to Magistrate Judge Reyes in response to Defendant's Decemeber 20, 2019 letter (ECF No. 35) by Robbins Geller Rudman & Dowd LLP (Rudman, Samuel) (Entered: 12/23/2019)
2019-12-3037ORDER granting 22 Motion for Summary Judgment. Having construed the evidence in the light most favorable to Plaintiff, the Court concludes that under Exemption 7(A) the SEC has properly withheld the records responsive to Plaintiff's FOIA request. Accordingly, the Court hereby GRANTS the SEC's motion for summary judgment. Ordered by Magistrate Judge Ramon E. Reyes, Jr on 12/30/2019. (Reyes, Ramon) (Entered: 12/30/2019)
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