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Case TitleBROAD ATLANTIC ASSOCIATES LLC v. UNITED STATES DEPARTMENT OF LABOR et al
DistrictDistrict of New Jersey
CityNewark
Case Number2:2022cv01281
Date Filed2022-03-09
Date Closed2022-12-29
JudgeJudge Julien Xavier Neals
PlaintiffBROAD ATLANTIC ASSOCIATES LLC,
Case DescriptionBroad Atlantic Associates submitted a FOIA request to the Department of Labor for records concerning an investigation by the Occupational Safety and Health Administration of a workplace incident at a worksite in Newark, New Jersey owned by Broad Atlantic Associates. The agency acknowledged receipt of the request. The agency initially denied the request based on Exemption 7(A) (interference with ongoing investigation or proceeding). However, after the investigation was completed, OSHA disclosed 1,150 pages, with several hundred pages withheld and several hundred more pages with redactions. Broad Atlantic filed an administrative appeal of the denial but after hearing nothing further from the agency, Broad Atlantic filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF LABOR
DefendantOCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-03-091COMPLAINT against All Defendants, filed by BROAD ATLANTIC ASSOCIATES LLC,.(MEGJUGORAC, JOHN) (Entered: 03/09/2022)
2022-03-09Case Assigned to Judge Julien Xavier Neals and Magistrate Judge Andre M. Espinosa. (ak, ) (Entered: 03/10/2022)
2022-03-302SUMMONS ISSUED as to OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. (jr) (Entered: 03/30/2022)
2022-06-303Notice of Call for dismissal Pursuant to Fed.R.Civ.P. 4(m). Motion set for 7/7/2022 before Judge Julien Xavier Neals. Unless otherwise directed by the Court, this motion will be decided on the papers and no appearances are required. Note that this is an automatically generated message from the Clerk`s Office and does not supersede any previous or subsequent orders from the Court. (kd) (Entered: 06/30/2022)
2022-06-304SUMMONS Returned Executed by BROAD ATLANTIC ASSOCIATES LLC,. All Defendants. (MEGJUGORAC, JOHN) (Entered: 06/30/2022)
2022-07-125Letter from Defendants regarding service. (VASSALLO, KRISTIN) (Entered: 07/12/2022)
2022-07-136LETTER ORDER that Plaintiff shall show, in writing within thirty (30) days from the date of entry of this Order, proper and timely service upon the United States in accordance with Rule 4(i)(1) or otherwise show good cause for failure to effect proper service of process. Signed by Judge Julien Xavier Neals on 7/13/2022. (sm) (Entered: 07/13/2022)
2022-07-297SUMMONS Returned Executed by BROAD ATLANTIC ASSOCIATES LLC,. All Defendants. (MEGJUGORAC, JOHN) Modified on 8/2/2022 (JB, ). Defendants served on 7/14/2022, answer due 9/12/2022. (Entered: 07/29/2022)
2022-08-168Application and Proposed Order for Clerk's Order to extend time to answer as to Defendants US DOL and OSHA. Attorney KRISTIN LYNN VASSALLO for OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION,KRISTIN LYNN VASSALLO for UNITED STATES DEPARTMENT OF LABOR added. (VASSALLO, KRISTIN) (Entered: 08/16/2022)
2022-08-16Clerk`s Text Order - The document 8 submitted by UNITED STATES DEPARTMENT OF LABOR has been GRANTED. The answer due date has been set for 8/31/2022. (sm) (Entered: 08/16/2022)
2022-08-319ANSWER to Complaint by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR.(VASSALLO, KRISTIN) (Entered: 08/31/2022)
2022-12-1610ORDER Scheduling Initial R16 Conference for 1/3/2023 10:00 AM before Magistrate Judge Andre M. Espinosa. Signed by Magistrate Judge Andre M. Espinosa on 12/16/2022. (spc) (Entered: 12/16/2022)
2022-12-2811STIPULATION of Dismissal by OCCUPATIONAL SAFETY AND HEALTH ADMINISTRATION, UNITED STATES DEPARTMENT OF LABOR. (VASSALLO, KRISTIN) (Entered: 12/28/2022)
2022-12-2912STIPULATION AND ORDER OF DISMISSAL with prejudice and without costs, attorneys' fees, expenses, or disbursements to any party. Signed by Judge Julien Xavier Neals on 12/29/2022. (wh) (Entered: 12/29/2022)
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