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Case TitleDe La Cruz v. US Department of Justice, Executive Office of US Attorneys et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv09941
Date Filed2020-11-25
Date Closed2021-09-07
JudgeJudge Mary Kay Vyskocil
PlaintiffSergio De La Cruz
Case DescriptionSergio de la Cruz submitted a FOIA request to the Department of Justice for records concerning an indictment brought against him. De la Cruz also requested expedited processing. After hearing nothing from the agency, de la Cruz's attorney filed an administrative appeal. After hearing nothing further from the agency, de la Cruz filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUS Department of Justice, Executive Office of US Attorneys
DefendantExecutive Office of US Attorneys
DefendantAtty General William P. Barr
DefendantAttorney General William P. Barr
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-251COMPLAINT against William P. Barr, Executive Office of US Attorneys. (Filing Fee $ 400.00, Receipt Number ANYSDC-22749992)Document filed by Sergio De La Cruz. (Attachments: # 1 Exhibit Criminal Complaint in 07-mj-1363, # 2 Exhibit Order of Dismissal, # 3 Exhibit FOIA Request EOUSA-2019-004614 Submitted, # 4 Exhibit FOIA Confirmation, # 5 Exhibit FOIA agreement for cost of copying, # 6 Exhibit Administrative appeal of de facto denial of FOIA request, # 7 Exhibit FOIA Expedited Processing Disposition Reached for EOUSA-2019-004614, # 8 Exhibit Receipt for administrative appeal, # 9 Exhibit FOIAonline Search results November 2020).(O'Dwyer, Paul) (Entered: 11/25/2020)
2020-11-252FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to US Department of Justice, Executive Office of US Attorneys, William P. Barr, Attorney General, re: 1 Complaint,,. Document filed by Sergio De La Cruz..(O'Dwyer, Paul) Modified on 11/30/2020 (jgo). (Entered: 11/25/2020)
2020-11-30***NOTICE TO ATTORNEY TO ELECTRONICALLY FILE CIVIL COVER SHEET. Notice to Attorney Paul O'Dwyer. Attorney must electronically file the Civil Cover Sheet. Use the event type Civil Cover Sheet found under the event list Other Documents. (jgo) (Entered: 11/30/2020)
2020-11-30***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul O'Dwyer. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (jgo) (Entered: 11/30/2020)
2020-11-30***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Paul O'Dwyer. The party information for the following party/parties has been modified: Executive Office of US Attorneys. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 11/30/2020)
2020-11-30CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(jgo) (Entered: 11/30/2020)
2020-11-30Magistrate Judge Kevin Nathaniel Fox 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (jgo) (Entered: 11/30/2020)
2020-11-30Case Designated ECF. (jgo) (Entered: 11/30/2020)
2020-11-30***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Paul O'Dwyer to RE-FILE Document No. 2 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; a FOIA summons must be requested. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 11/30/2020)
2020-12-033CIVIL COVER SHEET filed..(O'Dwyer, Paul) (Entered: 12/03/2020)
2020-12-074REQUEST FOR ISSUANCE OF SUMMONS as to US Department of Justice, Executive Office of US Attorneys, through William P. Barr, Attorney General, re: 1 Complaint,,. Document filed by Sergio De La Cruz..(O'Dwyer, Paul) (Entered: 12/07/2020)
2020-12-085ELECTRONIC SUMMONS ISSUED as to William P. Barr, US Department of Justice, Executive Office of US Attorneys..(dnh) (Entered: 12/08/2020)
2021-03-026NOTICE OF APPEARANCE by Zachary Bannon on behalf of William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 03/02/2021)
2021-03-027CONSENT LETTER MOTION for Extension of Time to File Answer or otherwise respond to the complaint addressed to Judge Mary Kay Vyskocil from Zachary Bannon dated 3/2/2021. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 03/02/2021)
2021-03-048ORDER granting 7 Letter Motion for Extension of Time to Answer. GRANTED. William P. Barr answer due 4/4/2021; US Department of Justice, Executive Office of US Attorneys answer due 4/4/2021. (Signed by Judge Mary Kay Vyskocil on 3/4/2021) (mro) (Entered: 03/04/2021)
2021-04-069SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Zachary Bannon dated 4/6/2021. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 04/06/2021)
2021-04-0710ORDER granting 9 Letter Motion for Extension of Time to Answer re 9 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Mary Kay Vyskocil from Zachary Bannon dated 4/6/2021., 1 Complaint,. Granted. SO ORDERED. ( William P. Barr answer due 5/4/2021; US Department of Justice, Executive Office of US Attorneys answer due 5/4/2021.) (Signed by Judge Mary Kay Vyskocil on 4/6/21) (yv) Modified on 4/7/2021 (yv). (Entered: 04/07/2021)
2021-05-0411ANSWER to 1 Complaint,,. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 05/04/2021)
2021-05-0512NOTICE OF INITIAL PRETRIAL CONFERENCE: The Court directs counsel for all parties to appear at an Initial Pretrial Conference on June 2, 2021, at 10:30 AM. The conference will be held telephonically. To join the conference, dial 888-278-0296 and enter access code 5195844. Initial Conference set for 6/2/2021 at 10:30 AM before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 5/5/2021) (nb) (Entered: 05/05/2021)
2021-05-2113CONSENT LETTER MOTION to Adjourn Conference addressed to Judge Mary Kay Vyskocil from Zachary Bannon dated 5/21/2021. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 05/21/2021)
2021-05-2514ORDER granting 13 Letter Motion to Adjourn Conference. GRANTED. The Parties should file a joint status letter on or before July 8, 2021. The conference previously scheduled for July 2, 2021 is adjourned. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 5/25/2021) (rj) (Entered: 05/25/2021)
2021-07-0815STATUS REPORT. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 07/08/2021)
2021-07-1316MEMO ENDORSEMENT: on re: 15 Status Report filed by US Department of Justice, Executive Office of US Attorneys, William P. Barr. ENDORSEMENT: Next status report should be submitted on or before August 8, 2021. (Signed by Judge Mary Kay Vyskocil on 7/13/2021) (ama) (Entered: 07/13/2021)
2021-08-0617STATUS REPORT. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 08/06/2021)
2021-09-0318PROPOSED STIPULATION AND ORDER. Document filed by William P. Barr, US Department of Justice, Executive Office of US Attorneys..(Bannon, Zachary) (Entered: 09/03/2021)
2021-09-0719STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS STIPULATED AND AGREED, by and between the parties, as follows: 1. The records and declaration produced by the Government fully resolve any and all claims de la Cruz now has or may hereafter acquire against the Government, the United States of America, or any department, agency officer, or employee of the Government and/or the United States arising from de la Cruz's FOIA request at issue in this litigation. 2. This action is hereby dismissed with prejudice. 3. This stipulation and order shall not constitute an admission of liability or fault on the part of the Government, the United States of America, or their agents, servants, or employees, and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding any expenses and risks of further litigation. 4. 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. 5. Counsel for the Government will be filing this stipulation and order via the ECF system on behalf of both parties. Pursuant to Rule 8.5(b) of the Electronic Filing Rules & Instructions of the United States District Court for the Southern District of New York, counsel for de la Cruz consents to the electronic filing of this stipulation and order by counsel for the Government. (Signed by Judge Mary Kay Vyskocil on 9/7/2021) (va) (Entered: 09/07/2021)
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