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Case TitleCoretti v. U.S. Customs and Border Protection et al
DistrictNorthern District of New York
CitySyracuse Plattsburgh
Case Number8:2023cv00267
Date Filed2023-02-28
Date Closed2024-01-09
JudgeJudge David N. Hurd
PlaintiffLuigi Coretti
Case DescriptionLuigi Coretti submitted a FOIA request to U.S. Customs and Border Protection for records concerning an incident in which he was detained at the U.S./Canadian border. The agency acknowledged of the request and provided Coretti with three heavily redacted pages. Coretti's attorney had further discussions with agency but did not file an administrative. Coretti then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantU.S. Customs and Border Protection
DefendantJohn Doe Agency #1 - through John Doe Agency #10
Documents
Docket
Complaint
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-281COMPLAINT against John Doe Agency #1 - through John Doe Agency #10, U.S. Customs and Border Protection (Filing fee $402 receipt number ANYNDC-6214348) filed by Luigi Coretti. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Civil Cover Sheet)(khr) (Additional attachment(s) added on 3/3/2023: # 11 Redacted Exhibit A, # 12 Redacted Exhibit B, # 13 Redacted Exhibit C, # 14 Redacted Exhibit G) (khr, ). (Entered: 03/01/2023)
2023-03-012Summons Issued as to U.S. Attorney General. (Attachments: # 1 Summons issued as to US Attorney)(khr) (Entered: 03/01/2023)
2023-03-013G.O. 25 FILING ORDER ISSUED: Initial Conference set for 5/30/2023 10:30 AM in Albany before Magistrate Judge Christian F. Hummel. Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 5/23/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) (khr) (Entered: 03/01/2023)
2023-03-01TEXT NOTICE: Although the plaintiff herein has named John Doe Agency #1 through #10 defendants in the Complaint, the Clerk's Office will not issue summons(es) for service of process on a John Doe Agency #1 through #10 defendants at this time. In the event plaintiff wishes to pursue the claims against these defendants, plaintiff shall take reasonable steps to ascertain their identity. When plaintiff determines the identity of the John Doe Agency #1 through #10 defendants, plaintiff may seek to amend the pleading to add the properly named defendant(s) pursuant to FED. R. CIV. P. 15 and summons(es) will be issued at that time. (khr) (Entered: 03/01/2023)
2023-03-01TEXT NOTICE OF FILING DEFICIENCY as to Luigi Coretti regarding the 1 Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has checked off Jury Demand on the Civil Cover Sheet, but the Jury Demand is not noted in the Pleading, pursuant to Fed.R.Civ.P 38. Failure to file a Demand for Jury Trial pursuant to Fed.R.Civ.P. Rule 38 constitutes a waiver of a jury trial. Notice of Filing Deficiency Deadline 3/6/2023 (khr) (Entered: 03/01/2023)
2023-03-01TEXT NOTICE OF FILING DEFICIENCY as to Luigi Coretti regarding the 1 Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Proposed Summons(es) were not included with the Complaint. Counsel is directed to file proposed summons(es) on the docket using the REQUEST FOR ISSUANCE OF SUMMONS(ES) event within 3 days of this notice. need a summons for U.S. Customs and Border Protection Notice of Filing Deficiency Deadline 3/6/2023 (khr) (Entered: 03/01/2023)
2023-03-01TEXT NOTICE OF FILING DEFICIENCY as to Luigi Coretti regarding the 1 Complaint, NOTICE IS HEREBY GIVEN of the following Filing Deficiency: Counsel has submitted documents that are not in compliance with redaction requirements pursuant to Federal and NYND Local Rules 5.2 Personal Privacy Protection and General Order 22, Section 11.2. This document has been TEMPORARILY RESTRICTED. Counsel is directed to make the appropriate redactions to the above referenced document and electronically file the redacted document within 3 days of this notice using the event CORRECTED DOCUMENT(S) found under Other Filings and reference this case number. Do NOT use any other event to file your corrected document. Failure to file a redacted document by the deadline will result in the unredacted document referenced above being unrestricted. Counsel and the parties are cautioned that failure to redact these personal identifiers may subject them to the Courts full disciplinary power pursuant to NYND Local Rule 5.2. Exhibits A, B, C and G contain birth dates Notice of Filing Deficiency Deadline 3/6/2023 (khr) (Entered: 03/01/2023)
2023-03-024REQUEST FOR ISSUANCE OF SUMMONS(ES): Luigi Coretti is requesting summons(es) be issued as to U.S. Customs and Border Protection re: 1 Complaint,. (Marino, Charles) (Entered: 03/02/2023)
2023-03-035Summons Issued as to U.S. Customs and Border Protection. (khr) (Entered: 03/03/2023)
2023-03-03CLERK'S CORRECTION OF DOCKET ENTRY re 1 Complaint: Redacted copies of attachments # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 7 Exhibit G have been uploaded and attached to Docket # 1 . The unredacted copies of Exhibits A, B, C, G are now permanently restricted pursuant to Fed. R. Civ. P. Rule 5.2 NYND Local Rule 5.2 (khr) (Entered: 03/03/2023)
2023-03-036AFFIDAVIT of Service for Summons in a Civil Action and Complaint for Declaratory and Injunctive Relief with Exhibits A- I and Civil Cover Sheet via Certified Mail served on Office of Chief Counsel, U.S. Customs and Border Protection on March 3, 2023, filed by Luigi Coretti. (Marino, Charles) (Entered: 03/03/2023)
2023-03-037AFFIDAVIT of Service for Summons in a Civil Action and Complaint for Declaratory and Injunctive Relief with Exhibits A - I and Civil Cover Sheet via Certified Mail served on United States Attorney General Merrick B. Garland, U.S. Department of Justice on March 3, 2023, filed by Luigi Coretti. (Marino, Charles) (Entered: 03/03/2023)
2023-03-06***Answer due date updated for U.S. Customs and Border Protection answer due 5/2/2023. (khr) (Entered: 03/06/2023)
2023-03-068REQUEST FOR ISSUANCE OF SUMMONS(ES): Luigi Coretti is requesting summons(es) be issued as to John Doe Agency #1 - through John Doe Agency #10 re: 1 Complaint,,. (Marino, Charles) (Entered: 03/06/2023)
2023-03-299NOTICE OF APPEARANCE by Thomas Spina, Jr on behalf of U.S. Customs and Border Protection (Spina, Thomas) (Entered: 03/29/2023)
2023-03-2910Letter Motion from Thomas Spina, Jr, AUSA for U.S. Customs and Border Protection requesting to strike Defendant's Answer deadline until service is perfected submitted to Judge Hummel . (Spina, Thomas) (Entered: 03/29/2023)
2023-04-1911TEXT ORDER granting 10 Letter Motion from Thomas Spina, Jr, AUSA for U.S. Customs and Border Protection requesting to strike Defendant's Answer deadline until service is perfected . Authorized by Magistrate Judge Christian F. Hummel on 4/19/2023. (tab) (Entered: 04/19/2023)
2023-04-1912TEXT NOTICE: The Rule 16 Initial Conference scheduled for 5/30/2023 at 10:30 AM before Magistrate Judge Christian F. Hummel and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date. The Initial Conference will be set at the appropriate time, by the Court. (tab) (Entered: 04/19/2023)
2023-05-1713AFFIDAVIT of Service for Summons in a Civil Action and Complaint served on U.S. Attorney's Office - Northern District of New York on May 16, 2023, filed by Luigi Coretti. (Marino, Charles) (Entered: 05/17/2023)
2023-05-18***Answer due date updated for U.S. Customs and Border Protection answer due 7/17/2023. (khr) (Entered: 05/18/2023)
2023-05-2214COURT NOTICE of Conference: The Initial Conference is now, reset for Monday, 8/14/2023 @ 10:00 AM in before Magistrate Judge Christian F. Hummel. The Civil Case Management Plan must be filed and Mandatory Disclosures are to be exchanged by the parties on or before 8/7/2023. (Pursuant to Local Rule 26.2, mandatory disclosures are to be exchanged among the parties but are NOT to be filed with the Court.) The conference will be conducted by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call in advance of the scheduled date and time. (tab) (Entered: 05/22/2023)
2023-06-0715Letter Motion from Thomas Spina Jr. for U.S. Customs and Border Protection requesting Thirty day extension of Answer deadline submitted to Judge Hummel . (Spina, Thomas) (Entered: 06/07/2023)
2023-06-0716CERTIFICATE OF SERVICE by U.S. Customs and Border Protection re 15 Letter Motion from Thomas Spina Jr. for U.S. Customs and Border Protection requesting Thirty day extension of Answer deadline submitted to Judge Hummel (Spina, Thomas) (Entered: 06/07/2023)
2023-06-1217TEXT ORDER granting 15 Letter Motion from Thomas Spina Jr. for U.S. Customs and Border Protection requesting Thirty day extension of Answer deadline : Answers due 7/17/2023. Authorized by Magistrate Judge Christian F. Hummel on 6/12/2023. (tab) (Entered: 06/12/2023)
2023-07-1218ANSWER to 1 Complaint,, by U.S. Customs and Border Protection.(Spina, Thomas) (Entered: 07/12/2023)
2023-07-1719First MOTION to Withdraw as Attorney filed by Luigi Coretti. Response to Motion due by 8/7/2023 (Attachments: # 1 Declaration DECLARATION IN SUPPORT OF MOTION TO WITHDRAW AS COUNSEL) Motions referred to Christian F. Hummel. (Sharova, Yelena) (Entered: 07/17/2023)
2023-07-1720CERTIFICATE OF SERVICE by Luigi Coretti re 19 First MOTION to Withdraw as Attorney filed by Luigi Coretti. (Sharova, Yelena) (Entered: 07/17/2023)
2023-07-2421TEXT ORDER: The Rule 16 Initial Conference scheduled for 8/14/2023 at 10:00am before the undersigned and the deadline to submit a proposed Civil Case Management Plan and exchange Mandatory Disclosures are ADJOURNED without date until the counsel issue for Plaintiff is resolved The Defendants are not required to respond to Plaintiff's motion to withdraw @ Dkt. no. 19. A Court conference will be scheduled, under separate notice to address the Motion to Withdraw. Authorized by Magistrate Judge Christian F. Hummel on 7/24/2023. (tab) (Entered: 07/24/2023)
2023-07-2422COURT NOTICE of Hearing on Motion 19 First MOTION to Withdraw as Attorney filed by Luigi Coretti: A Motion Hearing has been set for 8/11/2023 @ 10:00 AM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone. The Court will issue a separate notice setting forth the instructions to connect to the conference call in advance of the scheduled date and time. Plaintiff Mr. Coretti is directed to participate in this hearing and counsel is directed to provide the dial-in instructions to Mr. Coretti, once received. (tab) (Entered: 07/24/2023)
2023-08-0323TEXT NOTICE: The Hearing on the Motion to Withdraw as Counsel in this matter, is set for Friday, 8/11/2023 at 10:00 AM before Magistrate Judge Christian F. Hummel. The conference will be held by telephone. Counsel and Plaintiff Coretti are directed to DIAL IN @ 518-217-2288 and use Conference ID 757 187 103 # to connect to the conference call. (tab) (Entered: 08/03/2023)
2023-08-1124TEXT ORDER granting 19 Motion to Withdraw as Attorney. As was directed during the Court conference held on 8/11/2023, Attorney Charles W. Marino and Yelena Sharova motion to withdraw is granted and counsel are terminated from this case. Authorized by Magistrate Judge Christian F. Hummel on 8/11/2023. (tab) (Entered: 08/11/2023)
2023-08-1125Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel Motion Hearing held on 8/11/2023 re 19 First MOTION to Withdraw as Attorney filed by Luigi Coretti. Appearances by Plaintiff Coretti; Yelena Sharova, Esq. for plaintiff; AUSA Tom Spina for Defendant. After Plaintiff and counsel are heard, the Court grants the motion to withdraw. Plaintiff is granted 60 days to either find new counsel or to advise the Court that he will proceed pro se. A Follow up conference is scheduled for 11/6/2023 @ 2:00pm. A Notice setting the November conference with dial in instructions will be issued under a separate entry.(Court Reporter Ruth Lynch)[10:00am-10:15am] (tab) (Entered: 08/11/2023)
2023-10-2326COURT NOTICE of Hearing: Status Conference is set for Monday, 11/6/2023 @ 2:00 PM before Magistrate Judge Christian F. Hummel. The conference will be conducted by telephone. Counsel are to DIAL IN @ 518-217-2288 and use Conference ID 762 160 264 # to connect to the conference call (tab)(Notice mailed by regular mail and e-mailed directly to Plaintiff Coretti on 10/23/2023) (Entered: 10/23/2023)
2023-11-0127COURT NOTICE: The Status Conference scheduled in this case for Monday, November 6, 2023 @ 2:00pm will now be held, in-person. Plaintiff Coretti and Defense counsel are directed to appear in Courtroom #3 on the 4th floor of the James T. Foley, U.S. Courthouse. (tab)(notice emailed to Plaintiff Coretti, on 11/1/2023) (Entered: 11/01/2023)
2023-11-06Text Minute Entry for proceedings held before Magistrate Judge Christian F. Hummel: Status Conference held on 11/6/2023. Appearances by Luigi Coretti, Plaintiff; AUSA Thomas Spina for the defendants. Mr. Coretti advises the Court that he is retaining new counsel in the US and that new counsel should be on board shortly. The Court directs that Mr. Coretti has his new attorney file a status report with the Court by 12/13/2023. If the case has not been resolved, the Court can then reset the Initial Conference and the case can proceed. Plaintiff has some documents to exchange with AUSA Spina and the Court allows parties to remain in the courtroom to have a conversation. The Court makes a note of Plaintiff's address for the chamber's file. (Court Reporter FTR Recorded)[2:50pm-3:00pm] (tab) (Entered: 11/06/2023)
2024-01-0828STIPULATION of Dismissal by U.S. Customs and Border Protection submitted to Judge David N. Hurd. (Spina, Thomas) (Entered: 01/08/2024)
2024-01-0929ORDER DISMISSING CASE. Signed by Judge David N. Hurd on 1/9/2024. (Copy served via regular and certified)(khr) (Entered: 01/09/2024)
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by FOIA Project Staff
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