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Case TitleBrennan Center For Justice At New York University School Of Law v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2009cv08756
Date Filed2009-10-15
Date Closed2012-12-12
JudgeJudge Victor Marrero
PlaintiffBrennan Center For Justice At New York University School Of Law
DefendantUnited States Department of Justice
DefendantUnited States Department of Health and Human Services
DefendantU.S. Agency For International Development
AppealSecond Circuit 11-4599
Documents
Docket
Complaint
Complaint attachment 1
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2009-10-151COMPLAINT against United States Department of Justice, United States Department of Health and Human Services, U.S. Agency For International Development. (Filing Fee $ 350.00, Receipt Number 702875)Document filed by Brennan Center For Justice At New York University School Of Law. (Attachments: # 1 exhibits)(ama) (Entered: 10/16/2009)
2009-10-15SUMMONS ISSUED as to United States Department of Justice, United States Department of Health and Human Services, U.S. Agency For International Development. (ama) (Entered: 10/16/2009)
2009-10-15CASE REFERRED TO Judge Victor Marrero as possibly Related to 1:05-cv-8209. (ama) (Entered: 10/16/2009)
2009-10-15Case Designated ECF. (ama) (Entered: 10/16/2009)
2009-10-202FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCKET ENTRY NO. 6 ) - SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Department of Justice served on 10/16/2009, answer due 11/5/2009. Service was accepted by KAREN BROWN. Service was made by MAIL. Document filed by Brennan Center For Justice At New York University School Of Law. (Heyl, Dorothy) Modified on 10/23/2009 (kkc). (Entered: 10/20/2009)
2009-10-203FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCKET ENTRY NO. 7 ) - SUMMONS RETURNED EXECUTED Summons and Complaint, served. U.S. Agency For International Development served on 10/15/2009, answer due 11/4/2009. Service was accepted by KAREN BROWN. Service was made by MAIL. Document filed by Brennan Center For Justice At New York University School Of Law. (Heyl, Dorothy) Modified on 10/23/2009 (kkc). (Entered: 10/20/2009)
2009-10-204FILING ERROR - DEFICIENT DOCKET ENTRY (SEE DOCKET ENTRY NO. 8 ) - SUMMONS RETURNED EXECUTED Summons and Complaint, served. United States Department of Health and Human Services served on 10/15/2009, answer due 11/4/2009. Service was accepted by KAREN BROWN. Service was made by MAIL. Document filed by Brennan Center For Justice At New York University School Of Law. (Heyl, Dorothy) Modified on 10/23/2009 (kkc). (Entered: 10/20/2009)
2009-10-21CASE ACCEPTED AS RELATED. Create association to 1:05-cv-08209-VM. Notice of Assignment to follow. (ldi) (Entered: 10/22/2009)
2009-10-215NOTICE OF CASE ASSIGNMENT to Judge Victor Marrero. Judge Unassigned is no longer assigned to the case. (ldi) (Entered: 10/22/2009)
2009-10-21Magistrate Judge Debra Freeman is so designated. (ldi) (Entered: 10/22/2009)
2009-10-226CERTIFICATE OF SERVICE of Summons and Complaint served on Department of Justice on 10/15/2009. Service was accepted by Karen Brown. Service was made by MAIL. Document filed by Brennan Center For Justice At New York University School Of Law. (Heyl, Dorothy) (Entered: 10/22/2009)
2009-10-227CERTIFICATE OF SERVICE of Summons and Complaint served on U.S. Agency for International Development on 10/15/09. Service was accepted by Karen Brown. Service was made by MAIL. Document filed by Brennan Center For Justice At New York University School Of Law. (Heyl, Dorothy) (Entered: 10/22/2009)
2009-10-228CERTIFICATE OF SERVICE of Summons and Complaint served on United States Department of Health and Human Services on 10/15/09. Service was accepted by Karen Brown. Service was made by MAIL. Document filed by Brennan Center For Justice At New York University School Of Law. (Heyl, Dorothy) (Entered: 10/22/2009)
2009-11-169ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin H. Torrance dated 11/16/2009 re: Counsel request an extension of time to answer or move with respect to the complaint until 12/1/2009. ENDORSEMENT: Request GRANTED. The time for defendant(s) to answer or otherwise move with respect to the complaint in this action is extended to 12/1/09. So Ordered. (Signed by Judge Victor Marrero on 11/16/2009) (jfe) (Entered: 11/16/2009)
2009-12-0110ANSWER to Complaint. Document filed by United States Department of Justice, United States Department of Health and Human Services, U.S. Agency For International Development.(Torrance, Benjamin) (Entered: 12/01/2009)
2009-12-1411NOTICE OF INITIAL CONFERENCE ( Initial Conference set for 1/8/2010 at 09:45 AM in Courtroom 20B, 500 Pearl Street, New York, NY 10007 before Judge Victor Marrero.) (Signed by Judge Victor Marrero on 12/11/2009) (jmi) (Entered: 12/14/2009)
2010-01-08Minute Entry for proceedings held before Judge Victor Marrero: Initial Pretrial Conference held on 1/8/2010. Gov't to produce Vargh Index by 1/15/2010. Plaintiff to review and advise whether issues remain. Court to schedule conference and in camera review, if necessary. (tro) (Entered: 01/13/2010)
2010-02-0512ENDORSED LETTER addressed to Judge Victor Marrero from Dorothy Heyl dated 2/5/10 re: The government is continuing to withhold whole documents on the basis of privilege, rather than discrete portions. ENDORSEMENT: The Government is directed to respond by 2/11/10 to the matter set forth above by plaintiff. (Signed by Judge Victor Marrero on 2/5/10) (cd) (Entered: 02/08/2010)
2010-02-1113ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin H. Torrance dated 2/9/2010 re: Requesting an extension of time to respond to plaintiffs letter of February 5, 2010. ENDORSEMENT: Request GRANTED. The time for the Government to respond to the plaintiffs letter dated 2/5/2010 is extended to 2/22/2010. (Signed by Judge Victor Marrero on 2/9/2010) (jpo) (Entered: 02/11/2010)
2010-03-23Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 3/23/2010. Government to confer and inform the Court about possibility of in camera review. (mro) (Entered: 03/31/2010)
2010-04-0914ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin H. Torrance dated 3/30/2010 re: Counsel for the government defendants in this action consent to the Court's in camera review of the documents at issue in this matter. ENDORSEMENT: The Government is directed to submit to the Court by 4/14/2010 for in camera review the documents at issue in this action. (Signed by Judge Victor Marrero on 4/9/2010) (tro) (Entered: 04/09/2010)
2010-04-14Minute Entry for proceedings held before Judge Victor Marrero: Telephone Conference held on 4/14/2010. Court to schedule in camera review of documents with the Government. Government to review documents in light of discussion at conference. (tro) (Entered: 04/21/2010)
2010-04-22Minute Entry for proceedings held before Judge Victor Marrero: Status Conference held on 4/22/2010. Ex parte in camera review of Vaughn index documents with government. (mro) (Entered: 04/27/2010)
2010-05-1315SEALED DOCUMENT placed in vault.(nm) (Entered: 05/13/2010)
2010-07-0116ORDER. The Clerk of Court is directed to file the attached documents on the public docket of this case; and it is further ORDERED that plaintiff Brennan Center for Justice at New York University School of Law is directed to inform the Court by July 15, 2010, of its intentions with respect to any further litigation of this matter. (Signed by Judge Victor Marrero on 7/1/10) (rjm) (Additional attachment(s) added on 7/1/2010: # 1 Part 2, # 2 Part 3) (rjm). (Entered: 07/01/2010)
2010-12-2217ORDER. It is hereby ORDERED that plaintiff Brennan Center for Justice is directed to respond to this Order by December 27, 2010, by letter not to exceed three pages, showing cause why this action should not be dismissed. In the event no timely response to this Order is made the case will be dismissed without further notice. (Signed by Judge Victor Marrero on 12/21/10) (rjm) (Entered: 12/22/2010)
2010-12-2918ENDORSED LETTER addressed to Judge Victor Marrero from Dorothy Heyl dated 7/15/10 re: As directed in the Court's order of July 1, 2010 (the "Order"), we are writing on behalf of plaintiff Brennan Center for Justice at New York University of Law ("Brennan Center") to inform the Court of the Brennan Center's intentions with respect to further litigation of this matter. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. So ordered. (Signed by Judge Victor Marrero on 12/23/10) (rjm) (Entered: 12/29/2010)
2010-12-2919ENDORSED LETTER addressed to Judge Victor Marrero from Dorothy Heyl dated 12/23/10 re: This letter responds to the order issued on 12/22/10, concerning the requirement that we submit a letter by 7/15/10, stating out intentions with respect to this lawsuit. ENDORSEMENT: So Ordered. The parties are directed to submit a proposed briefing schedule for the motion described above. (Signed by Judge Victor Marrero on 12/23/10) (rjm) (Entered: 12/29/2010)
2011-01-0520STIPULATION AND ORDER REGARDING MOTIONS FOR SUMMARY JUDGMENT Defendants' Cross Motion due by 3/4/2011. Plaintiff's Motion due by 1/28/2011. Defendants' Response due by 3/4/2011. Plaintiff's Reply due by 3/18/2011. (Signed by Judge Victor Marrero on 1/5/11) (cd) (Entered: 01/05/2011)
2011-01-2821MOTION for Summary Judgment and Rule 56.1 Statement . Document filed by Brennan Center For Justice At New York University School Of Law. Responses due by 3/4/2011 (Attachments: # 1 Plaintiff's Memorandum of Law in Support of its Motion for Summary Judgment, # 2 Affidavit Declaration of Elizabeth M. Virga in Support of Plaintiff's Motion for Summary Judgment, # 3 Exhibit Exhibits 1-18 to the Declaration of Elizabeth M. Virga, # 4 Exhibit Exhibits 19-46 to the Declaration of Elizabeth M. Virga)(Virga, Elizabeth) (Entered: 01/28/2011)
2011-03-0222ENDORSED LETTER addressed to Judge Victor Marrero from Benjamin H. Torrance dated 3/1/2011 re: Requesting an extension to March 11 (and that plaintiff's reply papers, now due March 18, be correspondingly extended to March 25). ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motions for summary judgment herein is extended as set forth herein: motion papers submitted by Government on 3/11/2011; response by plaintiff 3/25/2011. (Signed by Judge Victor Marrero on 3/1/2011) (jpo) (Entered: 03/02/2011)
2011-03-1123CROSS MOTION for Summary Judgment. Document filed by U.S. Agency For International Development, United States Department of Health and Human Services, United States Department of Justice. Responses due by 3/25/2011(Torrance, Benjamin) (Entered: 03/11/2011)
2011-03-1124DECLARATION of Paul P. Colborn in Support re: 23 CROSS MOTION for Summary Judgment.. Document filed by U.S. Agency For International Development, United States Department of Health and Human Services, United States Department of Justice. (Torrance, Benjamin) (Entered: 03/11/2011)
2011-03-1125MEMORANDUM OF LAW in Support re: 23 CROSS MOTION for Summary Judgment. and in opposition to 21 plaintiff's motion for summary judgment . Document filed by U.S. Agency For International Development, United States Department of Health and Human Services, United States Department of Justice. (Torrance, Benjamin) (Entered: 03/11/2011)
2011-03-2226ENDORSED LETTER addressed to Judge Victor Marrero from Elizabeth M. Virga dated 3/22/2011, re: We represent the Plaintiff Brennan Center for Justice at New York University School of Law (the "Plaintiff') in the above-referenced action. We write to request an extension of time to file our Reply Brief in Further Support of Plaintiffs Motion for Summary Judgment, now due on March 25. Due 10 unanticipated travel requirements, I respectfully request an extension to April 1. This is the Plaintiff's first request for such an extension. Counsel for Defendants has consented to this request. ENDORSEMENT: Request GRANTED. The briefing schedule with regard to the motion for summary judgment herein is extended as set forth herein: reply 4-1-11. SO ORDERED. (Reply due by 4/1/2011) (Signed by Judge Victor Marrero on 3/22/2011) (lnl) (Entered: 03/22/2011)
2011-04-0127REPLY MEMORANDUM OF LAW in Support re: 21 MOTION for Summary Judgment and Rule 56.1 Statement . and in Opposition to the Government's Cross Motion for Summary Judgment . Document filed by Brennan Center For Justice At New York University School Of Law. (Virga, Elizabeth) (Entered: 04/01/2011)
2011-08-3028DECISION AND ORDER: granting 21 Plaintiff's Motion for Summary Judgment; denying 23 Defendants' Cross Motion for Summary Judgment. It is hereby ordered that the Government is directed to produce to the Brennan Center versions of Document Nos. 3, 13, and 15 listed in the Government's Vaughn Index dated January 15, 2010, that disclose fully any and all material referring, explicitly or implicitly, in whole or in part, to the "organization restrictions" or "organization-wide restrictions"; and it is ordered that the Brennan Center is directed to inform the Court within fourteen days of its receipt of the above-referenced documents as to its contemplation with regard to further prosecution of this action. (Signed by Judge Victor Marrero on 8/29/2011) (lmb) Modified on 8/30/2011 (lmb). (Entered: 08/30/2011)
2011-10-2429ENDORSED LETTER addressed to Judge Victor Marrero from Dorothy Heyl dated 9/14/11 re: Counsel for the plaintiff writes to advise the Court that they have not received any of the documents that the Government was ordered to produce. ENDORSEMENT: The Clerk of Court is directed to enter into the public record of this action the letter above submitted to the Court by plaintiff. So ordered. (Signed by Judge Victor Marrero on 10/24/2011) (mro) (Entered: 10/24/2011)
2011-10-2830NOTICE OF APPEAL from 28 Order on Motion for Summary Judgment. Document filed by U.S. Agency For International Development, United States Department of Health and Human Services, United States Department of Justice. (tp) (Entered: 10/28/2011)
2011-10-28Appeal Remark as to 30 Notice of Appeal filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development. NO FEE. USA. (tp) (Entered: 10/28/2011)
2011-10-28Transmission of Notice of Appeal to the District Judge re: 30 Notice of Appeal. (tp) (Entered: 10/28/2011)
2011-10-28Transmission of Notice of Appeal and Certified Copy of Docket Sheet to US Court of Appeals re: 30 Notice of Appeal. (tp) (Entered: 10/28/2011)
2011-10-28Appeal Record Sent to USCA (Electronic File). Certified Indexed record on Appeal Electronic Files for 20 Stipulation and Order, Set Deadlines/Hearings, 13 Endorsed Letter, Set Deadlines/Hearings, 5 Notice of Case Assignment/Reassignment, 22 Endorsed Letter, Set Deadlines/Hearings, 10 Answer to Complaint filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development, 30 Notice of Appeal filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development, 3 Summons Returned Executed, filed by Brennan Center For Justice At New York University School Of Law, 14 Endorsed Letter, 23 CROSS MOTION for Summary Judgment. filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development, 26 Endorsed Letter, Set Deadlines, 29 Endorsed Letter, 9 Endorsed Letter, Set Deadlines, 18 Endorsed Letter, 25 Memorandum of Law in Support of Motion, filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development, 4 Summons Returned Executed, filed by Brennan Center For Justice At New York University School Of Law, 16 Order, 19 Endorsed Letter, 24 Declaration in Support of Motion, filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development, 21 MOTION for Summary Judgment and Rule 56.1 Statement . filed by Brennan Center For Justice At New York University School Of Law, 27 Reply Memorandum of Law in Support of Motion, filed by Brennan Center For Justice At New York University School Of Law, 11 Order, Set Hearings, 1 Complaint, filed by Brennan Center For Justice At New York University School Of Law, 7 Certificate of Service Other, filed by Brennan Center For Justice At New York University School Of Law, 17 Order, 28 Order on Motion for Summary Judgment, 2 Summons Returned Executed, filed by Brennan Center For Justice At New York University School Of Law, 8 Certificate of Service Other, filed by Brennan Center For Justice At New York University School Of Law, 6 Certificate of Service Other, filed by Brennan Center For Justice At New York University School Of Law, 12 Endorsed Letter, were transmitted to the U.S. Court of Appeals. (tp) (Entered: 10/28/2011)
2012-09-1931TRUE COPY OPINION of USCA as to 30 Notice of Appeal filed by United States Department of Health and Human Services, United States Department of Justice, U.S. Agency For International Development USCA Case Number 11-4599. For the foregoing reasons, the District Court's grant of summary judgment for the plaintiff is affirmed with respect to February 2004 memorandum, and reversed and remanded with respect to July memoranda with instructions to the District Court to enter judgment for the defendants as to them. Catherine O'Hagan Wolfe, Clerk USCA for the Second Circuit. Certified: 09/19/2012. (nd) Modified on 9/19/2012 (nd). (Entered: 09/19/2012)
2012-12-1232ENDORSED LETTER addressed to Judge Victor Marrero from Dorothy Heyl dated 12/11/2012 re: Brennan Center respectfully requests that this action be closed. The defendants consent to this request. ENDORSEMENT: SO ORDERED. The Clerk of Court is directed to terminate any pending motions in this action and to close this case. (Signed by Judge Victor Marrero on 12/10/2012) (ft) (Entered: 12/12/2012)
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