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Case TitleSeife v. United States Department of Energy
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv01183
Date Filed2023-02-12
Date ClosedOpen
JudgeJudge Mary Kay Vyskocil
PlaintiffCharles Seife
Case DescriptionCharles Seife, a professor of journalism at New York University, submitted a FOIA request for records concerning delays at the International Thermonuclear Experimental Reactor. Seife also asked for inclusion in the educational fee category. The agency acknowledged receipt of the request and placed Seife in the educational fee category. After hearing nothing further from the agency, Seife filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantUnited States Department of Energy
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-121COMPLAINT against United States Department of Energy. (Filing Fee $ 402.00, Receipt Number ANYSDC-27331404)Document filed by Charles Seife..(Bahr, David) (Entered: 02/12/2023)
2023-02-122CIVIL COVER SHEET filed..(Bahr, David) (Entered: 02/12/2023)
2023-02-123REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Energy, re: 1 Complaint. Document filed by Charles Seife..(Bahr, David) (Entered: 02/12/2023)
2023-02-124MOTION for David A Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27331414. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Charles Seife. (Attachments: # 1 Affidavit Declaration of Dave Bahr in Support of Motion PHV, # 2 Text of Proposed Order Proposed Order Granting Dave Bahr's Motion PHV).(Bahr, David) (Entered: 02/12/2023)
2023-02-13CASE 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 . .(pc) (Entered: 02/13/2023)
2023-02-13Magistrate 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 . (pc) (Entered: 02/13/2023)
2023-02-13Case Designated ECF. (pc) (Entered: 02/13/2023)
2023-02-13***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Alan Bahr. The following case opening statistical information was erroneously selected/entered: Arbitration code e (Exempt);. The following correction(s) have been made to your case entry: the Arbitration code has been deleted;. (pc) (Entered: 02/13/2023)
2023-02-13>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 4 MOTION for David A Bahr to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27331414. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (sgz) (Entered: 02/13/2023)
2023-02-135ELECTRONIC SUMMONS ISSUED as to United States Department of Energy..(pc) (Entered: 02/13/2023)
2023-02-146ORDER granting 4 Motion for David A Bahr to Appear Pro Hac Vice (HEREBY ORDERED by Judge Mary Kay Vyskocil)(Text Only Order) (rz) (Entered: 02/14/2023)
2023-02-237CERTIFICATE OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Department of Energy served on 2/21/2023, answer due 3/23/2023. Service was made by Mail. Document filed by Charles Seife..(Bahr, David) (Entered: 02/23/2023)
2023-03-208NOTICE OF APPEARANCE by Mark Osmond on behalf of United States Department of Energy..(Osmond, Mark) (Entered: 03/20/2023)
2023-03-229LETTER MOTION for Extension of Time addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 3/22/2023. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 03/22/2023)
2023-03-2210ORDER granting 9 Letter Motion for Extension of Time. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/22/2023) (tg) (Entered: 03/22/2023)
2023-03-22Set/Reset Deadlines: United States Department of Energy answer due 4/6/2023. (tg) (Entered: 03/22/2023)
2023-04-0311LETTER MOTION for Extension of Time to File Answer and to Approve Stipulated Schedule addressed to Judge Mary Kay Vyskocil from Mark Osmond. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 04/03/2023)
2023-04-0512ORDER granting 11 Letter Motion for Extension of Time to Answer re 11 LETTER MOTION for Extension of Time to File Answer and to Approve Stipulated Schedule addressed to Judge Mary Kay Vyskocil from Mark Osmond., 1 Complaint. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 4/5/2023) (tg) (Entered: 04/05/2023)
2023-08-1413JOINT LETTER addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 8/14/2023 re: Joint Status Report and Request for Deadline to File Next Status Report. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 08/14/2023)
2023-08-1414MEMO ENDORSEMENT on re: 13 Letter filed by United States Department of Energy. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 8/14/2023) (tg) (Entered: 08/14/2023)
2023-09-1315JOINT LETTER addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 9/13/2023 re: Joint Status Report. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 09/13/2023)
2023-09-1316MEMO ENDORSEMENT on re: 15 Letter filed by United States Department of Energy ENDORSEMENT Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 9/13/2023) (jca) (Entered: 09/13/2023)
2023-10-02NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gary Stein. Please note that this is a reassignment of the designation only..(kgo) (Entered: 10/02/2023)
2023-10-2617JOINT LETTER addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 10/26/2023 re: Joint Status Report. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 10/26/2023)
2023-10-2618MEMO ENDORSEMENT on re: 17 Letter filed by United States Department of Energy. ENDORSEMENT: Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 10/26/2023) (tg) (Entered: 10/26/2023)
2023-12-1119JOINT LETTER addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 12/11/2023 re: Joint Status Report. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 12/11/2023)
2023-12-1220MEMO ENDORSEMENT on re: 19 Letter filed by United States Department of Energy ENDORSEMENT GRANTED. The parties are on notice that no further extensions will be granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 12/12/2023) (jca) (Entered: 12/12/2023)
2024-01-2521JOINT LETTER addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 1/25/2024 re: Briefing Schedule for Summary Judgment Motions. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 01/25/2024)
2024-01-2622MEMO ENDORSEMENT on re: 21 Letter filed by United States Department of Energy. ENDORSEMENT: Granted. SO ORDERED.( Cross Motions due by 4/26/2024., Social Security Action - Plaintiff Brief due by 3/26/2024., Social Security Action - Commissioner Brief due by 5/27/2024., Social Security Action - Plaintiff Reply Brief due by 6/17/2024.) (Signed by Judge Mary Kay Vyskocil on 1/26/2024) (tg) (Entered: 01/26/2024)
2024-03-0523JOINT LETTER MOTION to Continue Requesting that Briefing Schedule Be Vacated Given Settlement on All Issues Except Attorney's Fees addressed to Judge Mary Kay Vyskocil from Mark Osmond dated 3/5/2024. Document filed by United States Department of Energy..(Osmond, Mark) (Entered: 03/05/2024)
2024-03-0524ORDER granting 23 Letter Motion to Continue. Granted. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 3/5/2024) (tg) (Entered: 03/05/2024)
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