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Case TitleFirst Look Institute, Inc. et al v. U.S. Department of State
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv06197
Date Filed2021-07-20
Date Closed2023-04-05
JudgeJudge Paul A. Crotty
PlaintiffFirst Look Institute, Inc.
PlaintiffW. Paul Smith
Case DescriptionFirst Look Institute, which published the Intercept, submitted three FOIA requests to the Department of State for records concerning emails sent to Ava Leone from jprince@demcouncil.org. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, First Look Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Choice of format, Litigation - Attorney's fees

DefendantU.S. Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-07-201COMPLAINT against U.S. Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-24819088)Document filed by First Look Institute, Inc., W. Paul Smith. (Attachments: # 1 Exhibit A - Acknowledgement of Request F-2021-01122, # 2 Exhibit B - Acknowledgement of Request F-2021-01123, # 3 Exhibit C - Acknowledgement of Request F-2021-01125).(Greenberger, Debra) (Entered: 07/20/2021)
2021-07-202CIVIL COVER SHEET filed..(Greenberger, Debra) (Entered: 07/20/2021)
2021-07-203FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Complaint,. Document filed by First Look Institute, Inc., W. Paul Smith..(Greenberger, Debra) Modified on 7/21/2021 (vf). (Entered: 07/20/2021)
2021-07-204RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Look Institute, Inc., W. Paul Smith..(Greenberger, Debra) (Entered: 07/20/2021)
2021-07-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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 . .(vf) (Entered: 07/21/2021)
2021-07-21Magistrate Judge Gabriel W. Gorenstein 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 . (vf) (Entered: 07/21/2021)
2021-07-21Case Designated ECF. (vf) (Entered: 07/21/2021)
2021-07-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Debra Lea Greenberger to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official FOIA Summons form. 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. (vf) (Entered: 07/21/2021)
2021-07-215REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Complaint,. Document filed by First Look Institute, Inc., W. Paul Smith..(Greenberger, Debra) (Entered: 07/21/2021)
2021-07-216ELECTRONIC SUMMONS ISSUED as to U.S. Department of State. (vf) (Entered: 07/21/2021)
2021-08-067CERTIFICATE OF SERVICE of Summons and Complaint,. U.S. Department of State served on 7/22/2021, answer due 8/12/2021. Service was accepted by Portia "Doe", Administrative Assistant. Document filed by First Look Institute, Inc.; W. Paul Smith..(Greenberger, Debra) (Entered: 08/06/2021)
2021-08-068CERTIFICATE OF SERVICE of Summons and Complaint,. U.S. Department of State served on 7/27/2021, answer due 8/17/2021. Service was accepted by Nadia B., Authorized Clerk. Document filed by First Look Institute, Inc.; W. Paul Smith..(Greenberger, Debra) (Entered: 08/06/2021)
2021-08-069NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of U.S. Department of State..(Aronoff, Peter) (Entered: 08/06/2021)
2021-08-1210MOTION for Victoria J. Noble to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24927230. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by First Look Institute, Inc., W. Paul Smith. (Attachments: # 1 Affidavit Affidavit in Support of PHV Admission, # 2 Certificates of Standing (IL, CA, NY), # 3 Text of Proposed Order Proposed Order in Support of PHV Admission).(Noble, Victoria) (Entered: 08/12/2021)
2021-08-13>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 10 MOTION for Victoria J. Noble to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24927230. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 08/13/2021)
2021-08-1711ORDER granting 10 Motion for Victoria J. Noble to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 08/17/2021)
2021-08-2612ANSWER to 1 Complaint,. Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 08/26/2021)
2021-08-2713ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/28/2021 at 03:15 PM in Courtroom 14C, 500 Pearl Street, New York, NY 10007 before Judge Paul A. Crotty. (Signed by Judge Paul A. Crotty on 8/27/2021) (dgo) (Entered: 08/27/2021)
2021-09-27CALENDAR ENTRY **REMINDER**: Initial Pretrial Conference scheduled to go forward on: Tuesday, September 28, 2021 @ 3:15 PM, via teleconference before Judge Paul A. Crotty, U.S.D.J. Dial-in: 888-363-4749. Access: 8539662. The submission of the joint letter and proposed CCMP is due by COB Monday, September 27, 2021.----- A PDF IS NOT ATTACHED TO THIS ENTRY ----- (By David Gonzalez - Courtroom Deputy).(dgo) (Entered: 09/27/2021)
2021-09-2714JOINT LETTER addressed to Judge Paul A. Crotty from Peter Aronoff dated 9/27/2021 re: in advance of tomorrow's conference as required by the Court's individual rules. Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 09/27/2021)
2021-09-29Minute Entry for proceedings held before Judge Paul A. Crotty: Initial Pretrial Conference held on 9/29/2021. REMARK: Debra Greenberger appeared for the plaintiffs. AUSA Peter Aronoff appeared for the government.The parties provided a case update and the Court directed counsel to provide another update via letter by October 5, 2021. See transcript for details. (Court Reporter Sharonda Jones) (dgo) (Entered: 09/29/2021)
2021-10-0515STATUS REPORT. (joint) and joint scheduling proposal Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 10/05/2021)
2021-10-0716MEMO ENDORSEMENT on re: 15 Status Report filed by U.S. Department of State. ENDORSEMENT: The proposed schedule is adopted. A status update is due by January 14, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 10/7/2021) (rro) (Entered: 10/07/2021)
2022-01-1417STATUS REPORT. (joint) and proposal for further status report by February 22, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 01/14/2022)
2022-01-1918MEMO ENDORSEMENT on re: 17 Status Report filed by U.S. Department of State. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 1/19/2022) (va) (Entered: 01/19/2022)
2022-02-2219STATUS REPORT. (joint) and proposal for further status report by March 22, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 02/22/2022)
2022-02-2320MEMO ENDORSEMENT: on re: 19 Status Report filed by U.S. Department of State. ENDORSEMENT: A status report is due by March 22, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/23/2022) (ama) (Entered: 02/23/2022)
2022-03-2221STATUS REPORT. (joint) and proposal for further status report by April 22, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 03/22/2022)
2022-03-2322MEMO ENDORSEMENT on re: 21 Status Report filed by U.S. Department of State. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 3/23/2022) (va) (Entered: 03/23/2022)
2022-04-2523STATUS REPORT. (joint) and proposal for further status report by May 20, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 04/25/2022)
2022-04-2624MEMO ENDORSEMENT on re: 23 Status Report filed by U.S. Department of State. ENDORSEMENT: A further status report is due by May 20, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/26/2022) (va) (Entered: 04/26/2022)
2022-05-2025STATUS REPORT. (joint) and proposal for further status report by June 21, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 05/20/2022)
2022-05-2426ORDER re: 25 Status Report filed by U.S. Department of State. A further status report is due by June 21, 2022. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty) (Text Only Order) (dgo) (Entered: 05/24/2022)
2022-05-2627NOTICE of WITHDRAWAL OF APPEARANCE. Document filed by First Look Institute, Inc., W. Paul Smith..(Noble, Victoria) (Entered: 05/26/2022)
2022-06-2128STATUS REPORT. (joint) and proposal for further status report by July 29, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 06/21/2022)
2022-06-2229MEMO ENDORSEMENT on re: 28 Status Report filed by U.S. Department of State. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 6/22/2022) (va) (Entered: 06/22/2022)
2022-07-2930STATUS REPORT. (joint) and proposal for further status report by September 7, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 07/29/2022)
2022-08-1531MEMO ENDORSEMENT on re: 30 Status Report filed by U.S. Department of State. ENDORSEMENT: A further update is due by September 7, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 8/15/2022) (va) (Entered: 08/15/2022)
2022-09-0732STATUS REPORT. (joint) and proposal for further status report by October 7, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 09/07/2022)
2022-09-0933MEMO ENDORSEMENT on re: 32 Status Report filed by U.S. Department of State. ENDORSEMENT: A further update is due on October 7, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/9/2022) (vfr) (Entered: 09/09/2022)
2022-10-0734STATUS REPORT. (joint) and proposal for further status report by November 7, 2022 Document filed by First Look Institute, Inc., W. Paul Smith..(Greenberger, Debra) (Entered: 10/07/2022)
2022-11-0735STATUS REPORT. (joint) and proposal for further status report by December 7, 2022 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 11/07/2022)
2022-11-0936MEMO ENDORSEMENT: on re: 35 Status Report filed by U.S. Department of State. ENDORSEMENT: A further update is due by December 7, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 11/09/2022) (ama) (Entered: 11/09/2022)
2022-12-0737STATUS REPORT. (joint) and proposal for further status report by January 9, 2023 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 12/07/2022)
2023-01-0638STATUS REPORT. (joint) and proposal for further status report by February 10, 2023 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 01/06/2023)
2023-01-1039MEMO ENDORSEMENT: on re: 38 Status Report filed by U.S. Department of State. ENDORSEMENT: A further report is due by February 10, 2023. SO ORDERED. (Signed by Judge Paul A. Crotty on 1/10/2023) (ama) (Entered: 01/10/2023)
2023-02-1040STATUS REPORT. (joint) and proposal for further status report by March 10, 2023 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 02/10/2023)
2023-02-1541MEMO ENDORSEMENT on re: 40 Status Report filed by U.S. Department of State. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 2/15/2023) (va) (Entered: 02/15/2023)
2023-03-1042STATUS REPORT. (joint) and proposal for further status report by April 10 Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 03/10/2023)
2023-04-0443PROPOSED STIPULATION AND ORDER. Document filed by U.S. Department of State..(Aronoff, Peter) (Entered: 04/04/2023)
2023-04-0544STIPULATION AND ORDER OF DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, State shall pay to Plaintiff FLI the sum of seventeen thousand, five hundred ten dollars and ten cents ($17,510.10) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiffs for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer to an account in the name of Emery Celli Brinckerhoff Abady Ward & Maazel LLP, as attorney for FLI, and counsel for FLI will provide the necessary information to counsel for the Defendant to effectuate the transfer. As further set forth in this order. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. SO ORDERED. (Signed by Judge Paul A. Crotty on 4/5/2023) (ks) (Entered: 04/05/2023)
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