Skip to content

Case Detail

[Subscribe to updates]
Case TitleImmerso v. United States Department of Labor
DistrictEastern District of New York
CityBrooklyn
Case Number1:2019cv03777
Date Filed2019-06-28
Date Closed2020-11-23
JudgeJudge Nicholas G. Garaufis
PlaintiffSandra Immerso
Case DescriptionSandra Immerso submitted a FOIA request to the Department of Labor for records concerning two emails from DynCorp International employees Darin Powers and Robert Huber pertaining a Defense Base Act complaint. The agency acknowledged receipt of the requests and denied them under Exemption 4 (confidential business information). Immerso argued that a DOL attorney had provided evidence that the emails did not qualify for coverage under the attorney-client privilege. She filed an administrative appeal of the two denials but after hearing nothing further from the agency, she filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Labor
AppealSecond Circuit 20-4064
AppealSecond Circuit 21-2024
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [52]
FOIA Project Annotation: By the time he has finished with his quixotic attempt to force the government to disclose an email sent by a DynCorp attorney, which became part of the record in a Department of Labor administrative proceeding and has been consistently withheld as privileged by district court judges in the D.C. and Eighth Circuits, attorney Jack Jordan may well have brought suit in every circuit in the United States. He has now opened up a new front by using surrogate Sandra Immerso to sue in the Eastern District of New York. Jordan started this quest by suing the Department of Labor, which withheld the email as privileged under Exemption 4 (confidential business information), but has also sued the Department of Justice on the theory that it now has a copy of the email because it represented the Labor Department in his FOIA suits in the D.C. Circuit and the Western District of Missouri. However, the suit in the Eastern District of New York is against the Department of Labor and asks for discovery. The federal court in New York rejected that claim. The court noted that "to grant Plaintiff's motion to compel would. . .have the effect of granting the substantive relief Plaintiff requests in this FOIA action: to production of an unredacted copy of the Powers Email. It would also have the effect of adjudging that the DOL improperly redacted certain portions of the Powers Email." The court pointed out that it "finds no reason to allow Plaintiff to use a motion to compel as a tool to circumvent the purpose, scope and limitations of FOIA actions."
Issues: Litigation - Discovery
Opinion/Order [64]
FOIA Project Annotation: A federal court in New York has become the third jurisdiction to reject Jack Jordan's determined attempts to force the government to disclose a privileged email from an attorney for DynCorp, which courts have consistently found was privileged under Exemption 4 (confidential business information) after it came into the possession of an administrative law judge at the Department of Labor during litigation stemming from a complaint filed by Jordan's wife Maria. Jordan first litigated the case through the D.C. Circuit and then moved to the Western District of Missouri, where he litigated through the Eighth Circuit. He then tuned to a third front �" the Eastern District of New York �" representing Sandra Immerso in her FOIA suit for the DynCorp email. Representing Immerso, Jordan fared no better than he had in other jurisdictions. The court noted that "because the court concludes that DOL has adequately established that the [DynCorp] email meets all criteria for withholding pursuant to FOIA Exemption 4, and because Plaintiff fails to establish that DOL is not entitled to a presumption of good faith, the court finds that DOL properly and legally withheld the [DynCorp] email."
Issues: Litigation - Jurisdiction - Failure to State a Claim
Opinion/Order [101]
FOIA Project Annotation: A federal court in New York has sanctioned attorney Jack Jordan and his client, Sandra Immerso from filing any further motions in FOIA litigation filed by Jordan on behalf of Immerso seeking an email attorney Darin Powers sent to DynCorp in-house counsel Christopher Bellomy which was found privileged under Exemption 4 (commercial and confidential) by courts in the D.C. Circuit and the Eighth Circuit in response to identical FOIA requests submitted by Jordan, who was representing his wife. After failing multiple times in litigation brought against the Department of Labor in the D.C. Circuit and the Eighth Circuit, Jordan opened a new avenue of litigation in the Second Circuit. District Court Judge Nicholas Garaufis noted that Jordan has filed more than 50 motions in this litigation. He pointed out that "no matter how frustrated a litigant or attorney is to find that the door has closed on the relief sought, it is not justified in pounding aggressively on the closed door ad nauseum, let alone pounding with both its fists, kicking with both its feet, and bashing its head against the door just to make a point. That is effectively how Mr. Jordan, purporting to act on behalf of Ms. Immerso, has conducted himself in this case. As such, his battering-ram style of advocacy has plainly crossed the line that separates zealousness from vexatiousness." Garaufis ordered Jordan and Immerso not to file any more motions and required them to file his order with any other court to which Jordan turned to continue his litigation.
Issues: Litigation - Sanctions - Bad faith
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-281COMPLAINT against United States Department of Labor filing fee $ 400, receipt number ANYEDC-11619414 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by Sandra Immerso. (Attachments: # 1 Exhibit 1 Huber's email, # 2 Exhibit 2 DI's Letter 10/28/2015, # 3 Exhibit 3 DI's BRB filing 1/16/2018, # 4 Exhibit 4 Huber's Declaration 8/15/2017, # 5 Civil Cover Sheet) (Jordan, Jack) (Entered: 06/28/2019)
2019-06-282Proposed Summons.Civil Cover Sheet.. Re 1 Complaint, by Sandra Immerso (Attachments: # 1 Proposed Summons, # 2 Proposed Summons, # 3 Proposed Summons) (Jordan, Jack) (Entered: 06/28/2019)
2019-06-28Case assigned to Judge Nicholas G. Garaufis and Magistrate Judge Vera M. Scanlon. 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. (Bowens, Priscilla) (Entered: 07/01/2019)
2019-06-283Summons Issued as to United States Department of Labor, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 07/01/2019)
2019-07-014In 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: 07/01/2019)
2019-07-015This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 07/01/2019)
2019-08-076Letter to Honorable Nicholas G. Garaufis requesting a pre-motion conference by United States Department of Labor (Mahoney, Kathleen) (Entered: 08/07/2019)
2019-08-077MEMORANDUM in Opposition re 6 Letter by DOL Requesting Conference and Extension filed by Sandra Immerso. (Attachments: # 1 Exhibit 131 citations prohibiting inferences) (Jordan, Jack) (Entered: 08/07/2019)
2019-08-078SUMMONS Returned Executed by Sandra Immerso. United States Department of Labor served on 7/1/2019, answer due 7/22/2019. (Attachments: # 1 Exhibit Summons returned executed in FOIA case as to U.S. Attorney, # 2 Affidavit of Service U.S. Attorney General, # 3 Exhibit Summons returned executed as to U.S. Attorney General, # 4 Affidavit of Service Solicitor of Labor, # 5 Exhibit Summons returned executed as to Federal Defendant) (Jordan, Jack) (Entered: 08/07/2019)
2019-08-08ORDER re: Defendant's 6 Application for a Pre-Motion Conference: The Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Defendant's deadline to answer the Complaint is extended until fourteen days following the entry of the order deciding Defendant's anticipated motion. Ordered by Judge Nicholas G. Garaufis on 8/8/2019. (Davis, Eleanor) (Entered: 08/08/2019)
2019-08-089NOTICE of Appearance by Kathleen Anne Mahoney on behalf of United States Department of Labor (aty to be noticed) (Mahoney, Kathleen) (Entered: 08/08/2019)
2019-08-0810MOTION for Reconsideration of Minute Order 8/8/2019 by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 08/08/2019)
2019-08-16ORDER re: Plaintiff's 10 Motion for Reconsideration: The Motion is DENIED. The pre-motion conference shall be held at 10:00 am on Thursday, August 29, 2019 in Room 4D South. Ordered by Judge Nicholas G. Garaufis on 8/16/2019. (Olds, Edward) (Entered: 08/16/2019)
2019-08-1611Letter MOTION to Adjourn Conference due to counsel's unavailability by United States Department of Labor. (Mahoney, Kathleen) (Entered: 08/16/2019)
2019-08-1912MOTION for Reconsideration re Scheduling Order, (requiring a conference for the reasons the DOL presented) by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 08/19/2019)
2019-08-20ORDER re: Defendant's 11 Application to Adjourn Pre-Motion Conference and Plaintiff's 12 Motion for Reconsideration: Defendant's 11 Application is GRANTED. The parties are instructed to confer and contact the court's Deputy at 718-613-2545 to schedule the pre-motion conference. Plaintiff's 12 motion seeking reconsideration of the court's denial of Plaintiff's 10 first motion for reconsideration is DENIED. Ordered by Judge Nicholas G. Garaufis on 8/19/2019. (Olds, Edward) (Entered: 08/20/2019)
2019-10-04Minute Entry for proceedings held before Judge Nicholas G. Garaufis: Pre-Motion Conference held on 10/3/2019. Counsel for both parties present. The court granted Defendant leave to move to dismiss or, in the alternative, for summary judgment and set the following briefing schedule: Defendant shall serve its motion by no later than November 1, 2019; Plaintiff shall serve her response by no later than November 22, 2019; and Defendant shall serve its reply, if any, and file the fully briefed motion by no later than December 4, 2019. (Court Reporter Anthony Mancuso) (Olds, Edward) (Entered: 10/04/2019)
2019-11-0413Letter to Plaintiff's counsel accompanying Defendant's motion to dismiss or, in the alternative, for summary judgment sent by email on November 1, 2019 by United States Department of Labor (Mahoney, Kathleen) (Entered: 11/04/2019)
2019-11-0414Letter to Plaintiff's counsel enclosing copy of Defendant's motion to dismiss or, in the alternative, for summary judgment sent via FedEx on NoMonday, November 4, 2019 by United States Department of Labor (Mahoney, Kathleen) (Entered: 11/04/2019)
2019-11-1415Letter MOTION for pre motion conference regarding Plaintiff's Summary Judgment Motion by Sandra Immerso. (Jordan, Jack) (Entered: 11/14/2019)
2019-11-1516Letter MOTION for pre motion conference regarding discovery motions by Sandra Immerso. (Jordan, Jack) (Entered: 11/15/2019)
2019-11-25ORDER re: Plaintiff's 15 & 16 Applications for Pre-Motion Conferences. The applications are DENIED. Plaintiff's 15 application for a pre-motion conference for Plaintiff's anticipated motion for summary judgment is DENIED as unnecessary. The parties are DIRECTED to submit a proposed briefing schedule for Plaintiff's anticipated motion by no later than December 4, 2019. Plaintiff's 16 application for a pre-motion conference for her anticipated motions to compel and for discovery sanctions is DENIED. Plaintiff is DIRECTED to raise discovery-related issues with Magistrate Judge Vera M. Scanlon. Ordered by Judge Nicholas G. Garaufis on 11/25/2019. (Olds, Edward) (Entered: 11/25/2019)
2019-12-0217Letter MOTION for Leave to File Document requesting exception to Bundling Rule by Sandra Immerso. (Jordan, Jack) (Entered: 12/02/2019)
2019-12-0218Letter MOTION for Extension of Time to File Proposed Briefing Schedule re: Plaintiff's Motion for Summary Judgment by Sandra Immerso. (Jordan, Jack) (Entered: 12/02/2019)
2019-12-0319RESPONSE in Opposition re 18 Letter MOTION for Extension of Time to File Proposed Briefing Schedule re: Plaintiff's Motion for Summary Judgment filed by United States Department of Labor. (Attachments: # 1 Exhibit Email correspondence) (Mahoney, Kathleen) (Entered: 12/03/2019)
2019-12-0320REPLY in Support re 18 Letter MOTION for Extension of Time to File Proposed Briefing Schedule re: Plaintiff's Motion for Summary Judgment filed by Sandra Immerso. (Jordan, Jack) (Entered: 12/03/2019)
2019-12-03ORDER finding as moot 18 Motion for Extension of Time to File. The briefing schedule for Plaintiff's dispositive motion is as follows: (1) Plaintiff served his motion on 11/25/2019. (2) Defendant's opposition is to be served on or before 12/20/2019. (3) Plaintiff's reply is to be served on or before 1/3/2020. (4) Counsel are to coordinate and conclude the filing of the fully briefed motion on or before 1/7/2020. Plaintiff's Counsel should refrain from making substantive arguments about the dispositive motions in scheduling letters. The request at 18 is moot as the Court has set the briefing schedule. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2019. (Oliner, Daniel) (Entered: 12/03/2019)
2019-12-03ORDER denying 17 Motion for Leave to File. Each Party shall file their own motion papers by 5:00 PM EST. Ordered by Magistrate Judge Vera M. Scanlon on 12/3/2019. (Oliner, Daniel) (Entered: 12/03/2019)
2019-12-0421MOTION for Reconsideration re Order on Motion for Extension of Time to File,, by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0422MOTION to Compel release of portions of Powers' email , MOTION for Sanctions by Sandra Immerso. (Attachments: # 1 Declaration Declaration of J, Jordan 12/4/2019, # 2 Exhibit Letter from DOJ 11/4/2019) (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0423Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0424RULE 56.1 STATEMENT re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Defendant's Statement Pursuant to Local Civil Rule 56.1 filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0425MEMORANDUM in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Memorandum of Law in Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0426AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Declaration of Frank Clubb filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0427AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Declaration of Ramona Branch Oliver filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0428RESPONSE in Opposition re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment filed by Sandra Immerso. (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0429AFFIDAVIT/DECLARATION in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Declaration of Assistant U.S. Attorney Kathleen A. Mahoney filed by United States Department of Labor. (Attachments: # 1 Exhibit Exhibts A to M, # 2 Exhibit N, # 3 Exhibit O) (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0430RESPONSE in Opposition re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Plaintiff's Memorandum Opposing DOL Motion to Dismiss or for Summary Judgment filed by United States Department of Labor. (Attachments: # 1 Declaration of Jack Jordan, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Rule 56.1 Statement) (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0431REPLY in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment; and Defendant's Statement Regarding "Plaintiff's Statement of Uncontroverted Material Facts" filed by United States Department of Labor. (Attachments: # 1 Rule 56.1 Statement) (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0432RULE 56.1 STATEMENT re 28 Response in Opposition to Motion filed by Sandra Immerso. (Attachments: # 1 Declaration of J, Jordan 11/22/2019, # 2 Exhibit 1 Email from Will Imbrie 8/28/2013, # 3 Exhibit 2 Emails from Brian Cox, # 4 Exhibit 3 Letter from Rober Huber 4/8/2014, # 5 Exhibit 4 Letter to DOJ 8/9/2019, # 6 Exhibit 5 Letter to DOJ 11/15/2019, # 7 Exhibit 6 Letter from DOJ 11/4/2019) (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0433Letter to Honorable Nicholas G. Garaufis enclosing courtesy copy of Defendant's fully briefed motion to dismiss or, in the alternative, for summary judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0434Letter to Honorable Nicholas G. Garaufis submitting ex parte for in camera review the unredacted "Powers email" via interoffice mail by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/04/2019)
2019-12-0435Letter regarding courtesy copy of Plaintiff's Dkt 28 and 32 by Sandra Immerso (Jordan, Jack) (Entered: 12/04/2019)
2019-12-0536MOTION for pre motion conference for award of attorney's fees, costs and sanctions by Sandra Immerso. (Jordan, Jack) (Entered: 12/05/2019)
2019-12-0937RESPONSE in Opposition re 22 MOTION to Compel release of portions of Powers' email MOTION for Sanctions filed by United States Department of Labor. (Attachments: # 1 Exhibit Exhibits A and B) (Mahoney, Kathleen) (Entered: 12/09/2019)
2019-12-1238REPLY in Support re 23 Notice of MOTION to Dismiss for Failure to State a Claim or, in the Alternative, Summary Judgment CORRECTED Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/12/2019)
2019-12-1239Letter to Honorable Nicholas G. Garaufis enclosing courtesy copy of Corrected Reply Memorandum of Law in Further Support of Defendant's Motion to Dismiss or, in the Alternative, for Summary Judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/12/2019)
2019-12-1840RESPONSE in Opposition re 21 MOTION for Reconsideration re Order on Motion for Extension of Time to File,, Defendant's Memorandum of Law in Opposition to Plaintiff's Appeal of Magistrate Judge Scanlon's Scheduling Order dated December 3, 2019 filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 12/18/2019)
2019-12-2041Letter to Plaintiff's counsel enclosing Defendant's opposition to Plaintiff's motion for summary judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 12/20/2019)
2020-01-0342MOTION for Summary Judgment by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0343RULE 56.1 STATEMENT re 42 MOTION for Summary Judgment filed by Sandra Immerso. (Attachments: # 1 Declaration Jack Jordan 1/3/2020) (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0344REPLY in Support re 42 MOTION for Summary Judgment filed by Sandra Immerso. (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0345RESPONSE in Opposition re 42 MOTION for Summary Judgment Defendant's Memorandum of Law in Opposition to Plaintiff's Motion for Summary Judgment filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 01/03/2020)
2020-01-0346RULE 56.1 STATEMENT re 45 Response in Opposition to Motion Defendant's statement Pursuant to Local Civil Rule 56.1(b) filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 01/03/2020)
2020-01-0347Letter to Honorable Nicholas G. Garaufis enclosing courtesy copies of Defendant's opposition to Plaintiff's motion for summary judgment by United States Department of Labor (Mahoney, Kathleen) (Entered: 01/03/2020)
2020-01-0348Letter of transmittal of courtesy copy to the Court by Sandra Immerso (Jordan, Jack) (Entered: 01/03/2020)
2020-01-0849MOTION for Discovery Ruling on Dkt 22 by Sandra Immerso. (Jordan, Jack) (Entered: 01/08/2020)
2020-02-0450Second MOTION for Disclosure of Portions of Powers' email by Sandra Immerso. (Attachments: # 1 Declaration Jack Jordan 2/4/2020) (Jordan, Jack) (Entered: 02/04/2020)
2020-02-0651RESPONSE in Opposition re 50 Second MOTION for Disclosure of Portions of Powers' email filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 02/06/2020)
2020-03-0252ORDER denying 22 Motion to Compel; denying 22 Motion for Sanctions; denying 49 Motion for Discovery; denying 50 Motion for Disclosure. For the reasons stated herein, Plaintiff's motions are denied in their entirety. Plaintiff is reminded that his motions must comply with Federal Civil Procedural Rule 11(b) or else sanctions may be imposed. Ordered by Magistrate Judge Vera M. Scanlon on 3/2/2020. (Chean, Jasmine) (Entered: 03/02/2020)
2020-03-0253MOTION for Reconsideration re 52 Order on Motion for Discovery,, Order on Motion for Disclosure,, Order on Motion to Compel,, Order on Motion for Sanctions, by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 03/02/2020)
2020-03-0354Supplemental MOTION for Reconsideration re 52 Order on Motion for Discovery,, Order on Motion for Disclosure,, Order on Motion to Compel,, Order on Motion for Sanctions, by Sandra Immerso. (Jordan, Jack) (Entered: 03/03/2020)
2020-03-1255Second MOTION for pre motion conference re Motion to Compel & Motion for Sanctions by Sandra Immerso. (Attachments: # 1 Exhibit 1 emails from Frank Clubb Feb 2020) (Jordan, Jack) (Entered: 03/12/2020)
2020-03-13ORDER re: Plaintiff's 21 Motion for Reconsideration, 36 Motion for Pre-Motion Conference, and 55 Motion for Pre-Motion Conference. The motions are DENIED. Additionally, the court construes Plaintiff's 53 Motion for Reconsideration and 54 Supplemental Motion for Reconsideration as objections, pursuant to Federal Rule of Civil Procedure 72(a), to Magistrate Judge Vera M. Scanlon's 52 Memorandum and Order Denying Plaintiff's 22 Motion to Compel, 22 Motion for Sanctions, 49 Motion for Discovery, and 50 Motion for Disclosure. The court has reviewed Plaintiff's objections and finds that no part of Judge Scanlon's decision "is clearly erroneous or is contrary to law." ( See Fed. R. Civ. Pro. 72(a).) Therefore, Plaintiff's objections are overruled in their entirety, and Plaintiff's 53 Motion for Reconsideration and 54 Supplemental Motion for Reconsideration are DENIED. Finally, the Court reminds Plaintiff that Defendant's 23 Motion to Dismiss and Plaintiff's 42 Cross Motion for Summary Judgment are pending decision before the court. The court warns Plaintiff that further frivolous motion practice attempting to obtain in discovery the very relief sought in Plaintiff's 1 complaint will be met with sanctions. Ordered by Judge Nicholas G. Garaufis on 3/13/2020. (Olds, Edward) (Entered: 03/13/2020)
2020-03-1356MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, by Sandra Immerso. (Attachments: # 1 Memorandum in Support) (Jordan, Jack) (Entered: 03/13/2020)
2020-03-1457Third MOTION for pre motion conference by Sandra Immerso. (Jordan, Jack) (Entered: 03/14/2020)
2020-03-1758RESPONSE in Opposition re 56 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, Defendant's Memorandum of Law in Oppostion to Plaintiff's Motion for Reconsideration of the Order Dated March 13, 2020 filed by United States Department of Labor. (Mahoney, Kathleen) (Entered: 03/17/2020)
2020-03-1859REPLY to Response to Motion re 56 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, filed by Sandra Immerso. (Jordan, Jack) (Entered: 03/18/2020)
2020-04-2760MOTION for pre motion conference re 57 Third MOTION for pre motion conference by Sandra Immerso. (Attachments: # 1 Exhibit 1 Notice re Seal 8/12/2016, # 2 Exhibit 2 FOIA Request 7/5/2016, # 3 Exhibit 3 ALJ Merck Order 1/27/2016, # 4 Exhibit 4 ALJ Merck Order 2/9/2016, # 5 Exhibit 5 CALJ Henley denial 7/15/2016, # 6 Exhibit 6 CALJ Henley denial 8/5/2016) (Jordan, Jack) (Entered: 04/27/2020)
2020-07-2461Letter to Honorable Nicholas G. Garaufis regarding two recent decisions by another court by United States Department of Labor (Mahoney, Kathleen) (Entered: 07/24/2020)
2020-07-2562MOTION for pre motion conference re 61 Letter, 57 Third MOTION for pre motion conference , 60 MOTION for pre motion conference re 57 Third MOTION for pre motion conference , 56 MOTION for Reconsideration re Order on Motion for Pre Motion Conference,,,,,, Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,, by Sandra Immerso. (Jordan, Jack) (Entered: 07/25/2020)
2020-07-2663Letter supplementing Dkts. 61, 62 by Sandra Immerso (Jordan, Jack) (Entered: 07/26/2020)
2020-11-2064MEMORANDUM & ORDER, For the reasons stated above, the court GRANTS Defendant's (Dkt. 23) Motion for Summary Judgment with prejudice, DENIES Plaintiff's (Dkt. 42) Motion for Summary Judgment, as well as Plaintiff's (Dkts. 56, 57, 60, 62) other pending motions. The Clerk of Court is respectfully DIRECTED to close the case. So Ordered by Judge Nicholas G. Garaufis on 11/20/2020. (fwd'd for jgm) (Lee, Tiffeny) (Entered: 11/20/2020)
2020-11-2365CLERK'S JUDGMENT that Defendant's (Dkt. 23) Motion for Summary Judgment is granted with prejudice; and that Plaintiff's (Dkt. 42) Motion for Summary Judgment, as well as Plaintiff's (Dkts. 56, 57, 60, 62) other pending motions are denied. Signed Douglas C. Palmer, Clerk of Court by Jalitza Poveda, Deputy Clerk on 11/23/2020. (Lee, Tiffeny) (Entered: 11/23/2020)
2020-11-2466Letter MOTION for pre motion conference by Sandra Immerso. (Jordan, Jack) (Entered: 11/24/2020)
2020-11-2467Letter MOTION for pre motion conference regarding access to judicial records by Sandra Immerso. (Jordan, Jack) (Entered: 11/24/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar