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Case TitlePro Publica, Inc. v. United States Department of the Treasury
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv03407
Date Filed2019-04-17
Date Closed2021-05-26
JudgeJudge Lorna G. Schofield
PlaintiffPro Publica, Inc.
Case DescriptionProPublica submitted five FOIA requests to the Department of the Treasury for records concerning communications and calendar entries for various agency officials. The agency requested that ProPublica narrow its requests. ProPublica did so, but after hearing nothing further from the agency ProPublica filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of the Treasury
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-04-171COMPLAINT against United States Department of the Treasury. (Filing Fee $ 400.00, Receipt Number ANYSDC-16712558)Document filed by Pro Publica, Inc..(Kutner, Jeremy) (Entered: 04/17/2019)
2019-04-172CIVIL COVER SHEET filed. (Kutner, Jeremy) (Entered: 04/17/2019)
2019-04-173RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc..(Kutner, Jeremy) (Entered: 04/17/2019)
2019-04-174REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Treasury, re: 1 Complaint. Document filed by Pro Publica, Inc.. (Kutner, Jeremy) (Entered: 04/17/2019)
2019-04-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. Please download and review the ECF Rules and Instructions, located at http://nysd.uscourts.gov/ecf_filing.php . (jgo) (Entered: 04/18/2019)
2019-04-18Magistrate Judge Henry B. Pitman is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 04/18/2019)
2019-04-18Case Designated ECF. (jgo) (Entered: 04/18/2019)
2019-04-185ELECTRONIC SUMMONS ISSUED as to United States Department of the Treasury. (jgo) (Entered: 04/18/2019)
2019-05-026ORDER: Initial Conference set for 6/20/2019 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (As further set forth in this Order.) (Signed by Judge Lorna G. Schofield on 5/2/2019) (cf) (Entered: 05/03/2019)
2019-05-067AFFIDAVIT OF SERVICE of Summons, Complaint served on United States Department of the Treasury on April 18, 2019. Service was made by CERTIFIED MAIL. Document filed by Pro Publica, Inc.. (Kutner, Jeremy) (Entered: 05/06/2019)
2019-05-098NOTICE of Declaration of Jeremy A. Kutner in Compliance with Court Order of May 2, 2019 re: 6 Order for Initial Pretrial Conference,. Document filed by Pro Publica, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Kutner, Jeremy) (Entered: 05/09/2019)
2019-05-179NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of United States Department of the Treasury. (Dolinger, Samuel) (Entered: 05/17/2019)
2019-05-2110ANSWER to 1 Complaint. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 05/21/2019)
2019-06-1211CONSENT LETTER MOTION to Adjourn Conference scheduled for June 20, 2019 addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 6/12/2019. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 06/12/2019)
2019-06-1312ORDER granting 11 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference is adjourned from June 20, 2019, to August 8, 2019, at 10:30 A.M. Initial Conference set for 8/8/2019 at 10:30 AM before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 6/13/2019) (cf) (Entered: 06/13/2019)
2019-08-0113LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 8/1/2019 re: joint letter in advance of initial conference set for August 8, 2019. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 08/01/2019)
2019-08-0214MEMO ENDORSEMENT on re: 13 Letter filed by United States Department of the Treasury. ENDORSEMENT: The conference scheduled for August 8, 2019, at 10:30 A.M. is canceled. The parties shall file a status letter on September 16, 2019, and every forty-five (45) days thereafter, regarding the progress of the proceedings. (Signed by Judge Lorna G. Schofield on 8/2/2019) (cf) (Entered: 08/02/2019)
2019-09-1615LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 9/16/2019 re: joint status update. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 09/16/2019)
2019-09-1716MEMO ENDORSEMENT on re: 15 Letter filed by United States Department of the Treasury. ENDORSEMENT: SO ORDERED. The parties shall file a status update regarding their progress as to the remaining requests by October 31, 2019. (Signed by Judge Lorna G. Schofield on 9/17/2019) (ne) (Entered: 09/17/2019)
2019-10-3017LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 10/30/2019 re: joint status update. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 10/30/2019)
2019-10-3118MEMO ENDORSEMENT on re: 17 Letter filed by United States Department of the Treasury. ENDORSEMENT: The parties shall file a status letter on December 16, 2019. (Signed by Judge Lorna G. Schofield on 10/31/2019) (cf) (Entered: 10/31/2019)
2019-11-13NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Sarah L. Cave. Please note that this is a reassignment of the designation only. (sjo) (Entered: 11/13/2019)
2019-12-1619LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 12/16/2019 re: joint status update. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 12/16/2019)
2020-01-0820LETTER MOTION for Extension of Time to file joint status report addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 1/8/2020. Document filed by United States Department of the Treasury.(Dolinger, Samuel) (Entered: 01/08/2020)
2020-01-0921ORDER granting 20 Letter Motion for Extension of Time. APPLICATION GRANTED. The parties shall file the next status letter on February 6, 2020. (Signed by Judge Lorna G. Schofield on 1/9/20) (yv) (Entered: 01/09/2020)
2020-02-0622LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 2/6/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 02/06/2020)
2020-02-0723MEMO ENDORSEMENT on re: 22 Letter filed by United States Department of the Treasury. ENDORSEMENT: The parties shall file the next status update on March 23, 2020. (Signed by Judge Lorna G. Schofield on 2/7/2020) (cf) (Entered: 02/07/2020)
2020-03-2324LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 3/23/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 03/23/2020)
2020-03-2425ORDER re: 24 Letter filed by United States Department of the Treasury The parties shall file the next status update by May 7, 2020. (HEREBY ORDERED by Judge Lorna G. Schofield) (Text Only Order) (JC)(Entered: March 24, 2020) (Entered: 03/24/2020)
2020-05-0726LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 5/7/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 05/07/2020)
2020-05-0827MEMO ENDORSEMENT on re: 26 Letter filed by United States Department of the Treasury. ENDORSEMENT: The next letter is due on June 22, 2020. (Signed by Judge Lorna G. Schofield on 5/8/2020) (cf) (Entered: 05/08/2020)
2020-06-2228LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 6/22/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 06/22/2020)
2020-06-2329MEMO ENDORSEMENT on re: 28 Letter filed by United States Department of the Treasury. ENDORSEMENT: The next letter is due on August 6, 2020. SO ORDERED. (Signed by Judge Lorna G. Schofield on 6/23/2020) (kv) (Entered: 06/23/2020)
2020-08-0630LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 8/6/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 08/06/2020)
2020-09-2131LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 9/21/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 09/21/2020)
2020-11-0532LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 11/5/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 11/05/2020)
2020-12-2133LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 12/21/2020 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 12/21/2020)
2021-02-0434LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 2/4/2021 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 02/04/2021)
2021-03-2235LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 3/22/2021 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 03/22/2021)
2021-05-0636LETTER addressed to Judge Lorna G. Schofield from Samuel Dolinger dated 5/6/2021 re: joint status update. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 05/06/2021)
2021-05-2537PROPOSED STIPULATION AND ORDER. Document filed by United States Department of the Treasury..(Dolinger, Samuel) (Entered: 05/25/2021)
2021-05-2638STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, through their undersigned counsel, as follows: 1.The records produced by Defendant, with redactions pursuant to 5 U.S.C.§552(b), fully resolve and settle any and all claims Plaintiff now has or may hereafter acquire against Defendant or the United States of America (the "United States"), or any department, agency, officer, or employee of the United States, related to or arising out of Plaintiff's FOIA Requests at issue in this action. attorney's fees and costs Plaintiff has incurred or will incur in this action or in connection with this action. Payment of the Settlement Amount shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information to counsel for Defendant to effectuate the transfer. 3. Effective upon entry of this Stipulation and Order by the Court, Plaintiff releases the United States and any department, agency, officer, or employee of the United States, including Defendant, from any claims for attorney's fees, costs, and expenses of any kind, and however denominated, relating to services performed in connection with this matter. 4. This Stipulation and Order does not constitute, and shall not be construed as, an admission by the United States or any department, agency, officer, or employee of the United States, including Defendant, that Plaintiff is either eligible for or entitled to recover attorney's fees or litigation costs in connection with this matter. This Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation concerning Plaintiff's claims for attorney's fees and litigation costs. 5. This action is hereby dismissed with prejudice, and without costs or fees to any party other than as expressly set forth above in paragraph 2. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Counsel for Defendant will file this Stipulation and Order via ECF on behalf of both parties. Pursuant to Section 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court, Southern District of New York, counsel for Plaintiff consents to the electronic filing of this Stipulation and Order by counsel for Defendant. 8. Upon entry of this Stipulation and Order by the Court, this case shall be closed and all pending deadlines shall be canceled. SO ORDERED. (Signed by Judge Lorna G. Schofield on 5/26/2021) (kv) Transmission to Finance Unit (Cashiers) for processing. (Entered: 05/26/2021)
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