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Case TitleMorris et al v. National Highway Traffic Safety Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv07773
Date Filed2022-09-12
Date Closed2023-05-04
JudgeJudge Edgardo Ramos
PlaintiffHarold E Morris
PlaintiffLaura J Share
Case DescriptionHarold Morris and Laura Share submitted FOIA requests to the National Highway Traffic Safety Administration for records concerning a safety recall involving Harley Davidson motorcycles which were involved in an accident which involved Morris and Share. The agency acknowledged receipt of the request and told Morris and Share that it had no new records beyond what was available on its website. Morris and Share submitted more FOIA requests, insisting the agency had responsive records. After hearing nothing further from the agency, Morris and Share filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantNational Highway Traffic Safety Administration
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-09-121COMPLAINT against National Highway Traffic Safety Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-26665074)Document filed by Harold E Morris, Laura J Share. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet).(Edelstein, Paul) (Entered: 09/12/2022)
2022-09-122REQUEST FOR ISSUANCE OF SUMMONS as to National Highway Traffic Safety Administration, re: 1 Complaint. Document filed by Harold E Morris, Laura J Share..(Edelstein, Paul) (Entered: 09/12/2022)
2022-09-13***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Paul Jon Edelstein to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the event wrong event type was used to file the civil cover sheet. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. (sj) (Entered: 09/13/2022)
2022-09-13***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Paul Jon Edelstein. 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). (sj) (Entered: 09/13/2022)
2022-09-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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 . .(sj) (Entered: 09/13/2022)
2022-09-13Magistrate Judge Katharine H. Parker 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 . (sj) (Entered: 09/13/2022)
2022-09-13Case Designated ECF. (sj) (Entered: 09/13/2022)
2022-09-133ELECTRONIC SUMMONS ISSUED as to National Highway Traffic Safety Administration. (sj) (Entered: 09/13/2022)
2022-09-134CIVIL COVER SHEET filed..(Edelstein, Paul) (Entered: 09/13/2022)
2022-09-135FIRST AMENDED COMPLAINT amending 1 Complaint against National Highway Traffic Safety Administration.Document filed by Harold E Morris, Laura J Share. Related document: 1 Complaint. (Attachments: # 1 Exhibit Exhibit A-Summons and Complaint for State Court actions, "Morris v Harley Davidson, et al" and "Laura Share v Harley Davidson, et al", # 2 Exhibit Exhibit B-Two separate letters with police accident reports to Harley Davidson regarding the occurrence of Plaintiffs' trike accidents., # 3 Exhibit Exhibit C-1st FOIL request dated 9/22/21, # 4 Exhibit Exhibit D-NHTSA's response that no records were found, # 5 Exhibit Exhibit E-Safety Recall Documents obtained from Harley Davidson, # 6 Exhibit Exhibit F-Acknowledgement email from NHTSA as to notification of defective parts, # 7 Exhibit Exhibit G-2nd FOIA request dated 5-12-22, # 8 Exhibit Exhibit H-Email inquiring in status of 2nd FOIA request and NHTSA email in response to status inquiry).(Edelstein, Paul) (Entered: 09/13/2022)
2022-09-136REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to National Highway Traffic Safety Administration, re: 5 Amended Complaint,,,,. Document filed by Harold E Morris, Laura J Share..(Edelstein, Paul) (Entered: 09/13/2022)
2022-09-137ELECTRONIC SUMMONS ISSUED as to National Highway Traffic Safety Administration..(gp) (Entered: 09/13/2022)
2022-09-308CERTIFICATE OF SERVICE. National Highway Traffic Safety Administration served on 9/30/2022, answer due 10/21/2022. Service was made by Mail. Document filed by Harold E Morris; Laura J Share. (Attachments: # 1 Exhibit Copies of postmarked certified mailings).(Edelstein, Paul) (Entered: 09/30/2022)
2022-09-309NOTICE OF APPEARANCE by Paul Jon Edelstein on behalf of Harold E Morris, Laura J Share..(Edelstein, Paul) (Entered: 09/30/2022)
2022-10-1210NOTICE OF APPEARANCE by Dana Walsh Kumar on behalf of National Highway Traffic Safety Administration..(Kumar, Dana) (Entered: 10/12/2022)
2022-10-2511CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 10/25/2022. Document filed by National Highway Traffic Safety Administration..(Kumar, Dana) (Entered: 10/25/2022)
2022-10-2612ORDER granting 11 Letter Motion for Extension of Time to Answer addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 10/25/2022. Defendant's request to respond to the complaint by December 2, 2022 is granted. SO ORDERED. 1 Complaint. National Highway Traffic Safety Administration answer due 12/2/2022. (Signed by Judge Edgardo Ramos on 10/26/2022) (vfr) (Entered: 10/26/2022)
2022-11-2913FILING ERROR - DEFICIENT DOCKET ENTRY - (SEE DOCUMENT#14) CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 11/29/2022. Document filed by National Highway Traffic Safety Administration..(Kumar, Dana) Modified on 11/29/2022 (lb). (Entered: 11/29/2022)
2022-11-2914CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 11/29/2022. Document filed by National Highway Traffic Safety Administration..(Kumar, Dana) (Entered: 11/29/2022)
2022-11-3015ORDER: granting 14 Letter Motion for Extension of Time to Answer re 14 CONSENT LETTER MOTION for Extension of Time to File Answer. addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 11/29/2022. The Government's request to respond to the complaint by January 3, 2023 is granted. SO ORDERED. National Highway Traffic Safety Administration answer due 1/3/2023. (Signed by Judge Edgardo Ramos on 11/30/2022) (ama) (Entered: 11/30/2022)
2022-12-2816CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 12/28/2022. Document filed by National Highway Traffic Safety Administration..(Kumar, Dana) (Entered: 12/28/2022)
2022-12-2917ORDER: granting 16 Letter Motion for Extension of Time to Answer re 16 CONSENT LETTER MOTION for Extension of Time to File Answer. addressed to Judge Edgardo Ramos from Dana Walsh Kumar dated 12/28/2022. The Government is directed to respond to the complaint or provide a status update by February 3, 2023. It is SO ORDERED. National Highway Traffic Safety Administration answer due 2/3/2023. (Signed by Judge Edgardo Ramos on 12/29/2022) (ama) (Entered: 12/29/2022)
2023-02-0318STATUS REPORT. Document filed by National Highway Traffic Safety Administration..(Kumar, Dana) (Entered: 02/03/2023)
2023-02-0619MEMO ENDORSEMENT on re: 18 Status Report filed by National Highway Traffic Safety Administration. ENDORSEMENT The parties request to provide another joint status report by April 4, 2023 is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 2/6/2023) (jca) (Entered: 02/06/2023)
2023-04-0420STATUS REPORT. Document filed by National Highway Traffic Safety Administration..(Kumar, Dana) (Entered: 04/04/2023)
2023-04-0521MEMO ENDORSEMENT: on re: 20 Status Report filed by National Highway Traffic Safety Administration. ENDORSEMENT: The parties' request to file another status update on May 4, 2023 is granted. SO ORDERED. (Signed by Judge Edgardo Ramos on 4/05/2023) (ama) (Entered: 04/05/2023)
2023-05-0322STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) National Highway Traffic Safety Administration and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by National Highway Traffic Safety Administration. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Kumar, Dana) (Entered: 05/03/2023)
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