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Case TitleFernandez v. Department of Labor et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2013cv05674
Date Filed2013-08-14
Date Closed2014-01-14
JudgeJudge Denise L. Cote
PlaintiffJuly Fernandez
Case DescriptionJuly Fernandez submitted a FOIA request to the Occupational Safety and Health Administration for records concerning an injury he sustained in 1995 while working on a construction project. OSHA told him the records had been retired and would be retrieved from the federal records center. After hearing nothing further from the agency, Fernandez filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Labor
DefendantOccupational Safety And Health Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2013-08-141COMPLAINT against Department of Labor, Occupational Safety And Health Administration. (Filing Fee $ 350.00, Receipt Number 465401074331)Document filed by July Fernandez.(msa) (jd). (Entered: 08/15/2013)
2013-08-14SUMMONS ISSUED as to Department of Labor, Occupational Safety And Health Administration. (msa) (Entered: 08/15/2013)
2013-08-14Magistrate Judge James L. Cott is so designated. (msa) (Entered: 08/15/2013)
2013-08-14Case Designated ECF. (msa) (Entered: 08/15/2013)
2013-08-15***NOTE TO ATTORNEY TO E-MAIL PDF. Note to Attorney Raymond Schwartzberg for noncompliance with Section 14.3 of the S.D.N.Y. Electronic Case Filing Rules & Instructions. E-MAIL the PDF for Document 1 Complaint to: caseopenings@nysd.uscourts.gov. (msa) (Entered: 08/15/2013)
2013-08-162FILING ERROR - DEFICIENT DOCKET ENTRY - FILER ERROR - AFFIDAVIT OF SERVICE of Summons served on Department of Labor on 8-15-13. Service was accepted by Shakia Perry, Clerk. Document filed by Department of Labor. (Schwartzberg, Raymond) Modified on 8/21/2013 (lb). (Entered: 08/16/2013)
2013-08-163AFFIDAVIT OF SERVICE of Summons and Complaint served on Department of Labor on 8-15-2013. Service was accepted by Shakia Petty, Clerk. Document filed by July Fernandez. (Schwartzberg, Raymond) (Entered: 08/16/2013)
2013-08-204AFFIDAVIT OF SERVICE of Summons and Complaint served on OSHA on 8-15-2013. Service was accepted by Shakia Petty, Clerk. Document filed by July Fernandez. (Schwartzberg, Raymond) (Entered: 08/20/2013)
2013-08-205NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/8/2013 at 09:30 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. Please see "Notice of Initial Pretrial Conference" for Judge Cote's civil practices and procedures. (Signed by Judge Denise L. Cote on 8/20/2013) (gr) (Entered: 08/20/2013)
2013-09-166ANSWER to 1 Complaint. Document filed by Department of Labor, Occupational Safety And Health Administration.(Barcelo, Amy) (Entered: 09/16/2013)
2013-11-057LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Amy A. Barcelo dated November 5, 2013. Document filed by Department of Labor, Occupational Safety And Health Administration.(Barcelo, Amy) (Entered: 11/05/2013)
2013-11-068ENDORSED LETTER addressed to Judge Denise L. Cote from Amy A. Barcelo, Assistant U.S. Attorney dated 11/5/2013 re: I am writing on behalf of all parties to request an adjournment of the initial pre-trial conference in this case that is currently scheduled to take place this Friday, November 8, at 9:30 a.m. ENDORSEMENT: The conference is adjourned to 12/6 at 9:00 am., ( Initial Conference set for 12/6/2013 at 09:00 AM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote.) (Signed by Judge Denise L. Cote on 11/6/2013) (gr) (Entered: 11/06/2013)
2013-12-039LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from Amy A. Barcelo dated December 3, 2013. Document filed by Department of Labor, Occupational Safety And Health Administration.(Barcelo, Amy) (Entered: 12/03/2013)
2013-12-0410MEMO ENDORSEMENT granting 9 Letter Motion to Adjourn Conference Initial Conference set for 1/17/2014 at 12:30 PM in Courtroom 15B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. There shall be no further adjournment. (Signed by Judge Denise L. Cote on 12/4/2013) (gr) Modified on 12/4/2013 (gr). (Entered: 12/04/2013)
2014-01-1411STIPULATION OF DISMISSAL with prejudice... without costs. (Signed by Judge Denise L. Cote on 1/14/2014) (gr) (Entered: 01/14/2014)
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by FOIA Project Staff
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