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Case TitleSun-Sentinel Company v. U.S. Department, et al
DistrictSouthern District of Florida
CityFt. Lauderdale
Case Number0:2005cv60340
Date Filed2005-03-08
Date Closed2007-12-19
JudgeJudge Kenneth A. Marra
PlaintiffSun-Sentinel Company publisher of the South Florida Sun-Sentinel
DefendantU.S. Department of Homeland Security
DefendantFederal Emergency Management Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

1941-04-208ANSWER by U.S. Department, Fed. Emergency Mgmt. (Attorney Steven R. Petri) to amended complaint (Former Deputy Clerk) (Entered: 04/25/2005)
2005-03-081COMPLAINT filed; FILING FEE $250.00 RECEIPT #538504; A-7 Magistrate Judge Barry S. Seltzer (at, Deputy Clerk) (Entered: 03/09/2005)
2005-03-082DISCLOSURE STATEMENT by Sun-Sentinel Company (at, Deputy Clerk) (Entered: 03/09/2005)
2005-03-083SUMMONS(ES) issued for U.S. Department (Former Deputy Clerk) (Entered: 03/10/2005)
2005-03-084SUMMONS(ES) issued for Fed. Emergency Mgmt. (Former Deputy Clerk) (Entered: 03/10/2005)
2005-03-315RETURN OF SERVICE executed as to Fed. Emergency Mgmt. By Serving: Steve Petri, AUSA 3/11/05 Answer due on 5/10/05 for Fed. Emergency Mgmt. (Former Deputy Clerk) (Entered: 04/01/2005)
2005-03-316RETURN OF SERVICE executed as to U.S. Department By Serving: Steve Petri, AUSA 3/11/05 Answer due on 5/10/05 for U.S. Department (Former Deputy Clerk) (Entered: 04/01/2005)
2005-04-057AMENDED COMPLAINT by Sun-Sentinel Company, (Answer due 4/15/05 for U.S. Department, for Fed. Emergency Mgmt.) amending [1-1] complaint (ss, Deputy Clerk) (Entered: 04/07/2005)
2005-05-049MOTION with memorandum in support by Sun-Sentinel Company for production of Vaughn Index , and for expedited consideration and production (gp, Deputy Clerk) (Entered: 05/04/2005)
2005-05-1010ORDER denying without prejudice [9-1] motion for production of Vaughn Index, denying without prejudice [9-2] motion for expedited consideration and production ( Signed by Judge Kenneth A. Marra on 5/9/05) [EOD Date: 5/13/05] (Former Deputy Clerk) (Entered: 05/13/2005)
2005-05-1711RESPONSE by U.S. Department, Fed. Emergency Mgmt. to [9-1] motion for production of Vaughn Index, [9-2] motion for expedited consideration and production (ss, Deputy Clerk) (Entered: 05/19/2005)
2005-05-2012MOTION to intervene by Senator Bill Nelson (ss, Deputy Clerk) (Entered: 05/23/2005)
2005-05-2013NOTICE of attorney appearance for Bill Nelson by Charles H. Lichtman, Mitchell Wayne Berger (ss, Deputy Clerk) (Entered: 05/23/2005)
2005-05-2614REPLY by Sun-Sentinel Company to response to [9-1] motion for production of Vaughn Index, [9-2] motion for expedited consideration and production (gz, Deputy Clerk) (Entered: 05/26/2005)
2005-06-0215RESPONSE by U.S. Department, Fed. Emergency Mgmt. to [12-1] motion to intervene by Senator Bill Nelson (gz, Deputy Clerk) (Entered: 06/03/2005)
2005-06-0616RESPONSE by Sun-Sentinel Company to [12-1] motion to intervene by Senator Bill Nelson (gz, Deputy Clerk) (Entered: 06/06/2005)
2005-06-1717STIPULATION by Bill Nelson In Re: withdraw motion to intervene and to allow filing of amicus curiae (gz, Deputy Clerk) (Entered: 06/17/2005)
2005-06-2118ORDER withdrawing and mooting [12-1] motion to intervene by Senator Bill Nelson ( Signed by Judge Kenneth A. Marra on 6/20/05) [EOD Date: 6/22/05] (gz, Deputy Clerk) (Entered: 06/22/2005)
2005-06-2319ORDER granting [9-1] motion for production of Vaughn Index, granting [9-2] motion for expedited consideration and production ( Signed by Judge Kenneth A. Marra on 6/23/05) [EOD Date: 6/24/05] (gz, Deputy Clerk) (Entered: 06/24/2005)
2005-07-1320MOTION by U.S. Department, Fed. Emergency Mgmt. to extend time for filing of Vaughn index by two days (gz, Deputy Clerk) (Entered: 07/14/2005)
2005-07-1521ORDER granting [20-1] motion to extend time for filing of Vaughn index by two days due on or before 7/27/05 ( Signed by Judge Kenneth A. Marra on 7/15/05) [EOD Date: 7/15/05] (gz, Deputy Clerk) (Entered: 07/15/2005)
2005-07-2522JOINT Scheduling Report of Scheduling Meeting by Sun-Sentinel Company, U.S. Department, Fed. Emergency Mgmt. (ss, Deputy Clerk) (Entered: 07/26/2005)
2005-07-2723NOTICE of filing of Vaughn indexes and affidavits describin withheld documents (attachment) by U.S. Department, Fed. Emergency Mgmt. (gz, Deputy Clerk) (Entered: 07/28/2005)
2005-07-2824NOTICE of status of contracts referenced in Vaughn Index by U.S. Department, Fed. Emergency Mgmt. (gz, Deputy Clerk) (Entered: 07/29/2005)
2005-08-0425ORDER setting Trial Date & Discovery Deadlines, Referring Case to Mediation and Referring Discovery Motions to United States Magistrate Judge setting Jury trial set for 12/12/05 Calendar call set for 10:00 12/9/05 Deadline for filing of all motions by 9/12/05 Discovery cutoff 8/26/05 ; ( Signed by Judge Kenneth A. Marra on 8/2/05) [EOD Date: 8/5/05] CCAP (gz, Deputy Clerk) (Entered: 08/05/2005)
2005-08-0425ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge Kenneth A. Marra on 8/2/05) [EOD Date: 8/5/05] (gz, Deputy Clerk) (Entered: 08/05/2005)
2005-08-0425ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Barry S. Seltzer ( Signed by Judge Kenneth A. Marra on 8/2/05) CCAP [EOD Date: 8/5/05] (gz, Deputy Clerk) (Entered: 08/05/2005)
2005-09-0826Unopposed MOTION by Sun-Sentinel Company for leave to exceed page limit in memorandum of law in support of its motion for summary judgment (gz, Deputy Clerk) (Entered: 09/08/2005)
2005-09-0927ORDER granting [26-1] motion for leave to exceed page limit in memorandum of law in support of its motion for summary judgment not to exceed 35 pages ( Signed by Judge Kenneth A. Marra on 9/9/05) [EOD Date: 9/9/05] (gz, Deputy Clerk) (Entered: 09/09/2005)
2005-09-1228MOTION by Sun-Sentinel Company (Attorney ) to Adopt Motion of Other Defendant as to motion to continue deadline for dispositive filings and mediation and memorandum of law (gz, Deputy Clerk) (Entered: 09/12/2005)
2005-09-1229UNOPPOSED MOTION by U.S. Department, Fed. Emergency Mgmt. to continue Deadline for Dispositive Filings and Mediation (gp, Deputy Clerk) (Entered: 09/13/2005)
2005-09-1430ORDER granting [29-1] motion to continue Deadline for Dispositive Filings and Mediation; granting [28-1] motion to Adopt Motion of Other Defendant as to motion to continue deadline for dispositive filings and mediation and memorandum of law ( Signed by Judge Kenneth A. Marra on 9/14/05) [EOD Date: 9/15/05] (gz, Deputy Clerk) (Entered: 09/15/2005)
2005-09-2631Dispositive MOTION by Sun-Sentinel Company for summary judgment (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2632MEMORANDUM by Sun-Sentinel Company in support of [31-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2633Statement of material facts in support by Sun-Sentinel Company re: [31-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2634NOTICE of filing transcript by Sun-Sentinel Company (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2635NOTICE of filing Sally Kestin declaration by Sun-Sentinel Company (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2636Request by Sun-Sentinel Company for expedited oral argument on [31-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2637MOTION with memorandum in support by Sun-Sentinel Company for in camera review (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2638MOTION by U.S. Department, Fed. Emergency Mgmt. for leave to file motion for summary judgment; file copies of declarations; amend Vaughn index (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2639MOTION by U.S. Department, Fed. Emergency Mgmt. for summary judgment (gz, Deputy Clerk) (Entered: 09/27/2005)
2005-09-2840ORDER granting [37-1] motion for in camera review ( Signed by Judge Kenneth A. Marra on 9/28/05) [EOD Date: 9/29/05] (gz, Deputy Clerk) (Entered: 09/29/2005)
2005-10-0641NOTICE of Mediation Hearing on 10/7/05 at 9:30 Judith A. Bass added as mediator (gz, Deputy Clerk) (Entered: 10/07/2005)
2005-10-0742RESPONSE by Sun-Sentinel Company to [38-1] motion for leave to file motion for summary judgment; file copies of declarations; amend Vaughn index (gz, Deputy Clerk) (Entered: 10/07/2005)
2005-10-1143Statement of facts in opposition by Sun-Sentinel Company re: [39-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 10/12/2005)
2005-10-1144MEMORANDUM of law by Sun-Sentinel Company in opposition to [39-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 10/12/2005)
2005-10-1145RESPONSE by U.S. Department, Fed. Emergency Mgmt. to [31-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 10/12/2005)
2005-10-1146NOTICE of filing original declarations (attached) by U.S. Department, Fed. Emergency Mgmt. (gz, Deputy Clerk) (Entered: 10/12/2005)
2005-10-1247ORDER set calendar call for 10:00 12/8/05 before Judge Kenneth A. Marra ( Signed by Judge Kenneth A. Marra on 10/11/05) [EOD Date: 10/13/05] (gz, Deputy Clerk) (Entered: 10/13/2005)
2005-10-1748JOINT MOTION by Sun-Sentinel Company, U.S. Department, Fed. Emergency Mgmt. to dispense with mediation (gz, Deputy Clerk) (Entered: 10/18/2005)
2005-10-1850NOTICE of Mediation Hearing on 10/21/05 Judith A. Bass added as mediator (gz, Deputy Clerk) (Entered: 10/20/2005)
2005-10-1949REPLY memorandum of law in support by Sun-Sentinel Company to [39-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 10/19/2005)
2005-10-1951Submission of responsive documents for in camera review by U.S. Department, Fed. Emergency Mgmt. (gz, Deputy Clerk) (Entered: 10/20/2005)
2005-10-1952REPLY by U.S. Department, Fed. Emergency Mgmt. to response to [39-1] motion for summary judgment (gz, Deputy Clerk) (Entered: 10/20/2005)
2005-10-2053ORDER granting [48-1] joint motion to dispense with mediation ( Signed by Judge Kenneth A. Marra on 10/20/05) [EOD Date: 10/21/05] (gz, Deputy Clerk) (Entered: 10/21/2005)
2005-10-2154ORDER granting [38-1] motion for leave to file motion for summary judgment; file copies of declarations; amend Vaughn index ( Signed by Judge Kenneth A. Marra on 10/21/05) [EOD Date: 10/21/05] (gz, Deputy Clerk) (Entered: 10/21/2005)
2005-11-1655ORDER granting [36-1] motion for expedited oral argument on [31-1] motion for summary judgment Motion hearing before Judge Kenneth A. Marra set for 1:00 12/7/05 for [39-1] motion for summary judgment, set for 1:00 12/7/05 for [31-1] motion for summary judgment All pretrial and trial deadlines are VACATED ( Signed by Judge Kenneth A. Marra on 11/16/05) [EOD Date: 11/16/05] (gz, Deputy Clerk) (Entered: 11/16/2005)
2005-11-1656NOTICE of additional authority and compliance by U.S. Department, Fed. Emergency Mgmt. (gz, Deputy Clerk) (Entered: 11/17/2005)
2005-12-0657NOTICE of release of records by U.S. Department, Fed. Emergency Mgmt. (gz, Deputy Clerk) (Entered: 12/07/2005)
2005-12-0758Minutes of motion hearing held before Judge Kenneth A. Marra on 12/7/05; (gz, Deputy Clerk) (Entered: 12/08/2005)
2005-12-07Motion hearing re: [39-1] motion for summary judgment Motion hearing held, [31-1] motion for summary judgment Motion hearing held (gz, Deputy Clerk) (Entered: 12/08/2005)
2006-03-1459MOTION by Sun-Sentinel Company (Attorney Deanna Kendall Shullman) to substitute Rachel E. Fugate and Deanna K. Shllman as Attorney (gz, Deputy Clerk) (Entered: 03/15/2006)
2006-03-1460STIPULATED motion by Sun-Sentinel Company In Re: substitution of counsel (gz, Deputy Clerk) (Entered: 03/15/2006)
2006-03-1661ORDER approving [59-1] motion to substitute Rachel E. Fugate and Deanna K. Shllman as Attorney ( Signed by Judge Kenneth A. Marra on 3/16/06) [EOD Date: 3/17/06] (gz, Deputy Clerk) (Entered: 03/17/2006)
2006-04-1462ORDER set status conference for 1:30 4/21/06 before Judge Kenneth A. Marra ( Signed by Judge Kenneth A. Marra on 4/14/06) [EOD Date: 4/14/06] (gz, Deputy Clerk) (Entered: 04/14/2006)
2006-04-1463ORDER granting in part, denying in part [31-1] motion for summary judgment; granting in part, denying in part [39-1] motion for summary judgment ( Signed by Judge Kenneth A. Marra on 4/14/06) [EOD Date: 4/14/06] (gz, Deputy Clerk) (Entered: 04/14/2006)
2006-04-2164Minutes of status conference held before Judge Kenneth A. Marra on 4/21/06; Court Reporter Name or Tape #: Stephen Franklin (gz, Deputy Clerk) (Entered: 04/24/2006)
2006-04-21Status conference held before Judge Kenneth A. Marra (gz, Deputy Clerk) (Entered: 04/24/2006)
2006-04-2465ORDER set status conference for 1:00 5/15/06 before Judge Kenneth A. Marra ( Signed by Judge Kenneth A. Marra on 4/21/06) [EOD Date: 4/25/06] (gz, Deputy Clerk) (Entered: 04/25/2006)
2006-05-1766Final Judgment regarding production of records. Pending motions denied as MOOT, case is CLOSED. {see order for details} (Signed by Judge Kenneth A. Marra on 5/17/06) [EOD Date: 5/18/06] (gz, Deputy Clerk) (Entered: 05/18/2006)
2006-05-17CASE CLOSED. Case and Motions no longer referred to Magistrate. (gz, Deputy Clerk) (Entered: 05/18/2006)
2006-06-0567NOTICE OF APPEAL by Fed. Emergency Mgmt., U.S. Department of [66-1] order EOD Date: 5/18/06; Filing Fee: $ FEE NOT REQUIRED (GOVERNMENT); Copies to USCA and Counsel of Record. (ga, Deputy Clerk) (Entered: 06/07/2006)
2006-06-1668MOTION with memorandum in support by Sun-Sentinel Company for attorney fees and costs (gp, Deputy Clerk) (Entered: 06/19/2006)
2006-06-1669NOTICE of FILING attached AFFIDAVIT of Jonathan D. Kaney, Jr. by Sun-Sentinel Company Re: [68-1] motion for attorney fees and costs (gp, Deputy Clerk) (Entered: 06/19/2006)
2006-06-1670NOTICE of FILING attached AFFIDAVIT by Rachel E. Fugate Sun-Sentinel Company Re: [68-1] motion for attorney fees and costs (gp, Deputy Clerk) (Entered: 06/19/2006)
2006-06-1671AFFIDAVIT of Rachel E. Fugate by Sun-Sentinel Company Re: [68-1] motion for attorney fees and costs and supporting memorandum of law (lh, Deputy Clerk) (Entered: 06/19/2006)
2006-06-1677NOTICE of vierification of plaintiff's motion for attorneys' fees and costs and supporting memorandum of law, by Sun-Sentinel Company (Former Deputy Clerk) (Entered: 08/14/2006)
2006-06-2072NOTICE of Receipt of Notice of Appeal Transmittal Letter from USCA on 6/12/06 Re: [67-1] appeal by U.S. Department, Fed. Emergency Mgmt. USCA NUMBER: 06-13306-E (ga, Deputy Clerk) (Entered: 06/21/2006)
2006-06-2373TRANSCRIPT filed of hearing held 12/7/05 before Judge Kenneth A. Marra Pages: 1-90 re: [67-1] appeal by U.S. Department, Fed. Emergency Mgmt. . . (ga, Deputy Clerk) (Entered: 06/26/2006)
2006-06-2974UNOPPOSED MOTION by Fed. Emergency Mgmt., U.S. Department to extend time for filing of response to motion for attorneys fees (gp, Deputy Clerk) (Entered: 07/03/2006)
2006-07-1075ORDER granting [74-1] motion to extend time for filing of response to motion for attorneys fees Response to motion reset to 8/4/06 for [68-1] motion for attorney fees and costs ( Signed by Judge Kenneth A. Marra on 7/10/06) [EOD Date: 7/11/06] (gz, Deputy Clerk) (Entered: 07/11/2006)
2006-08-0476RESPONSE by Fed. Emergency Mgmt., U.S. Department to [68-1] motion for attorney fees and costs (dp, Deputy Clerk) (Entered: 08/07/2006)
2006-09-0178REPLY MEMORANDUM IN SUPPORT by Sun-Sentinel Company to its [68-1] motion for attorney fees and costs (at, Deputy Clerk) (Entered: 09/06/2006)
2006-11-1779CERTIFICATE of Readiness and Record on Appeal transmitted to USCA (ATLANTA) consisting of 3 volumes of pleadings; 1 volume of transcripts and 1 accordian folder re 67 Notice of Appeal filed by Federal Emergency Management Agency,, U.S. Department of Homeland Security, USCA#06-13306-E (bg) (Entered: 11/17/2006)
2007-01-1880ORDER terminating for statistical purposes 68 Motion for Attorney's Fees . Signed by Judge Kenneth A. Marra on 1/17/2007. (ls) (Entered: 01/18/2007)
2007-08-2181Plaintiff's MOTION for Attorney Fees - UNOPPOSED PETITION FOR RULING ON PLAINTIFF'S MOTION FOR ATTORNEYS' FEES by Sun-Sentinel Company. Responses due by 9/5/2007 (Shullman, Deanna) (Entered: 08/21/2007)
2007-08-2482MANDATE OF USCA (certified copy), The Judgement of the district court in SUN is AFFIRMED and the Judgement of the district court in NEWS is REVERSED and REMANDED for further proceedings consistent with this opinion; The Bill of Costs are hereby taxed in the amount of $101.02 against Appellant and are payable directly to Appellee as to 67 Notice of Appeal filed by Federal Emergency Management Agency,, U.S. Department of Homeland Security, Date Issued:08/20/07; USCA Appeal# 06-13306-FF. Copy to Judge. (amb) Modified on 8/24/2007 (amb).(Document corrected to include Bill of Costs) (Entered: 08/24/2007)
2007-08-2483Notice of Docket Correction: re 82 USCA Mandate, Document corrected to include the Bill of Costs. (amb) (Entered: 08/24/2007)
2007-10-0284Appeal Record Returned (Miami Records):Consisting of (3)Volumes of Pleadings (Copies), (1)Volume of Transcripts, and (1) Accordion Folder containing copies of pleadings 67 Notice of Appeal. USCA #06-13306-FF (amb) (Entered: 10/04/2007)
2007-12-1385ORDER granting 81 Petition for Ruling on Plaintiff's Motion for Attorney Fees. Motion hearing set for 1/3/08 at 1:30 p.m. Signed by Judge Kenneth A. Marra on 12/12/07. (ir) (Entered: 12/13/2007)
2007-12-13Set Hearings: Motion for Attorney's Fees Hearing set for 1/3/2008 01:30 PM in West Palm Beach Division before Judge Kenneth A. Marra. (ir) (Entered: 12/13/2007)
2007-12-1886NOTICE by Sun-Sentinel Company Notice of Withdrawal of Plaintiff's Motion for Attorneys' Fees (Attachments: # 1 Exhibit)(Shullman, Deanna) (Entered: 12/18/2007)
2007-12-1987ORDER Closing Case; all pending motions are denied as moot; Signed by Judge Kenneth A. Marra on 12/18/2007.(bs) (Entered: 12/19/2007)
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