Case Detail

FOIA Project Annotation: A court in New York has ruled that the public interest in learning about the quality of medical care provided pretrial detainees in the custody of the U.S. Marshals Service outweighs any personal privacy interest in either Exemption 6 (invasion of privacy) or Exemption 7(C) (invasion of privacy concerning law enforcement records). Investigative reporter Seth Freed Wessler submitted requests regarding the confinement for federal pretrial detainees held in state, local and private prison facilities with which the agency contracted. Wessler filed suit and the parties agreed to have the court rule on the threshold issue of whether Exemption 6 and Exemption 7(C) applied categorically to protect medical records of detainees. To bolster his argument for disclosure, Wessler told the court that he had received similar information through requests to the Bureau of Prisons, which allowed him access to medical files of prisoners. Wessler indicated that by consulting with a team of doctors, he had been able to establish that 25 of 103 deaths for which BOP provided complete medical files led to premature death. The court agreed with the agency that prisoners' families also had a cognizable privacy right in the records. But the court noted that "however, the evidence in this action to date â€" which is so far unrebutted â€" is that Wessler's past reporting on medical neglect in prisons, the families of the deceased have 'expressed gratitude' when Wessler 'contacted them in the process of investigating and/or before publishing stories about their relative.'" The court observed that "here there is a significant â€" perhaps even compelling â€" public interest served by disclosure of these medical records which strongly offsets the 'moderate privacy interest' protected by Exemption 7(C)." The court indicated that "while the fact that the BOP â€" not USMS â€" voluntarily released its full medical records to Wessler does not waive USMS's right to seek to withhold them, it is certainly relevant that the BOP did not view these types of records as exempt from disclosure under FOIA." Rejecting the agency's claim that the public interest was diminished because the records Wessler was seeking concerned non-federal operations, the court pointed out that "that blinks at the entire point of this exercise. The asserted purpose of Wessler's reporting is to determine whether USMS failed to do what it is required to do â€" monitor the care provided to the detainees in these state, local, and private facilities. That is a core responsibility of USMS, as set forth on USMS's own website."
Issues: Exemption 7(C) - Invasion of privacy concerning law enforcement records, Exemption 6 - Invasion of privacy

Date Filed	Doc #	Docket Text
2017-02-10	1	COMPLAINT against United States Department of Justice, United States Marshals Service. (Filing Fee $ 400.00, Receipt Number 0208-13298373)Document filed by Seth Freed Wessler. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Lustberg, Lawrence) (Entered: 02/10/2017)
2017-02-10	2	CIVIL COVER SHEET filed. (Lustberg, Lawrence) (Entered: 02/10/2017)
2017-02-10	3	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by Seth Freed Wessler. (Lustberg, Lawrence) Modified on 2/13/2017 (pc). (Entered: 02/10/2017)
2017-02-10	4	FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Marshals Service, re: 1 Complaint. Document filed by Seth Freed Wessler. (Lustberg, Lawrence) Modified on 2/13/2017 (pc). (Entered: 02/10/2017)
2017-02-13		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 02/13/2017)
2017-02-13		Magistrate Judge Debra C. Freeman is so designated. (pc) (Entered: 02/13/2017)
2017-02-13		Case Designated ECF. (pc) (Entered: 02/13/2017)
2017-02-13	5	NOTICE OF APPEARANCE by James David Pollock on behalf of Seth Freed Wessler. (Pollock, James) (Entered: 02/13/2017)
2017-02-13		***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney to RE-FILE Document No. 4 Request for Issuance of Summons, 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the date field on the official A.O. Summons form was completed by the attorney; Caption title on the summons must match the caption title on the complaint and be the same for both summons. Only include the party names from the complaint caption title on the summons. Do not include Jeff Sessions and David L. Harlow. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 02/13/2017)
2017-02-13	6	REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 02/13/2017)
2017-02-13	7	REQUEST FOR ISSUANCE OF SUMMONS as to United States Marshals Service, re: 1 Complaint. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 02/13/2017)
2017-02-14	8	ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (kl) (Entered: 02/14/2017)
2017-02-14	9	ELECTRONIC SUMMONS ISSUED as to United States Marshals Service. (kl) (Entered: 02/14/2017)
2017-02-15	10	ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 23A on Tuesday, April 11, 2017, at 10:30 a.m. for an initial pretrial conference pursuant to Fed. R. Civ. P. 16. At that time, counsel for all parties must appear prepared to discuss the progress of the case and the scheduling of discovery proceedings, any dispositive motions, the feasibility of settlement or alternative dispute resolution, the dates for future conferences, and the submission of a joint pretrial order. And as set forth herein. SO ORDERED. Initial Conference set for 4/11/2017 at 10:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 2/15/2017) (ama) (Entered: 02/15/2017)
2017-02-15	11	CERTIFICATE OF SERVICE. United States Department of Justice served on 2/15/2017, answer due 3/8/2017; United States Marshals Service served on 2/15/2017, answer due 3/8/2017. Service was made by MAIL. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 02/15/2017)
2017-03-17	12	NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of United States Department of Justice, United States Marshals Service. (Aronoff, Peter) (Entered: 03/17/2017)
2017-03-20	13	CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Sidney H. Stein from Peter Aronoff dated 3/20/2017. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 03/20/2017)
2017-03-20	14	ORDER: granting 13 Letter Motion for Extension of Time to Answer. SO ORDERED. United States Department of Justice answer due 4/10/2017; United States Marshals Service answer due 4/10/2017. (Signed by Judge Sidney H. Stein on 3/20/2017) (ama) (Entered: 03/20/2017)
2017-04-10	15	ANSWER to 1 Complaint. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 04/10/2017)
2017-04-11		Minute Entry for proceedings held before Judge Sidney H. Stein: Initial Pretrial Conference held on 4/11/2017. Counsel for all parties appeared. (lab) (Entered: 04/11/2017)
2017-04-11	16	ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that the next conference will be held on April 21, 2017, at 11:00 a.m. (Status Conference set for 4/21/2017 at 11:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/11/2017) (ras) (Entered: 04/11/2017)
2017-04-20	17	JOINT LETTER MOTION to Adjourn Conference and Approve Proposed Schedule addressed to Judge Sidney H. Stein from Seth Freed Wessler dated April 20, 2017. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 04/20/2017)
2017-04-20	18	ORDER granting 17 Letter Motion to Adjourn Conference. The Court adopts the parties' proposed schedule and adjourns the April 21 conf to June 19 at 11 AM. Status Conference set for 6/19/2017 at 11:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 4/20/2017) (kgo) (Entered: 04/20/2017)
2017-05-18	19	CONSENT LETTER MOTION for Extension of Time to complete certain productions addressed to Judge Sidney H. Stein from Peter Aronoff dated 5/18/2017. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 05/18/2017)
2017-05-18	20	ORDER: granting 19 Letter Motion for Extension of Time. (The current schedule calls for the government to process all documents responsive to requests 3, 4, 5, and 6 by May 31, 2017. However, because of the number of responsive records and the limited resources of USMS, it will not be possible to process all of the responsive documents by May 31. The government respectfully requests that the schedule be modified so that the government make rolling monthly productions of approximately one third of the responsive documents for requests 3-6 by May 31, June 30, and July 31, so that all responsive documents are processed by July 31. This proposed date still falls comfortably within the approximately six-month time frame (that is, until approximately October 11, 2017) that the government represented would be feasible at the initial conference on April 11, 2017. Plaintiff has consented to deft. request). SO ORDERED. (Signed by Judge Sidney H. Stein on 5/18/2017) (ama) (Entered: 05/18/2017)
2017-06-12	21	STATUS REPORT. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 06/12/2017)
2017-06-13	22	MEMO ENDORSEMENT: on re: 21 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: A Status Letter is to be submitted by June 16 at Noon. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/13/2017) (ama) (Entered: 06/13/2017)
2017-06-16	23	STATUS REPORT. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 06/16/2017)
2017-06-19		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 6/19/2017. Counsel for all parties were present. (lab) (Entered: 06/19/2017)
2017-06-19	24	ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that: 1. The last day for completion of production of the Quality Assurance Review reports is extended to December 1, 2017; 2. The plaintiff will provide a list of names to defendants of the people he wants medical records for; and 3. The next status conference will be held on July 27, 2017, at 2:30 p.m. Status Conference set for 7/27/2017 at 02:30 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 6/19/2017) (kgo) (Entered: 06/19/2017)
2017-07-27		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 7/27/2017. Counsel for all parties were present. (lab) (Entered: 07/27/2017)
2017-07-27	25	ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that there will be a pretrial conference on October 27, 2017, at 2:30 p.m. SO ORDERED., ( Pretrial Conference set for 10/27/2017 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 7/27/2017) (ama) (Entered: 07/27/2017)
2017-10-27	26	ORDER: IT IS HEREBY ORDERED that The extended deadline for the production of all QARs is December 1, 2017. If that deadline is not met, the Court intends to direct that more resources be devoted to this review. The parties are directed to meet and confer in person in order to define the non-QAR documents that are responsive to Requests 3-6. On or before November 20, 2017, defendant shall inform plaintiff and the Court as to when the balance of non-QAR documents responsive to Requests 3-6 can be produced. There will be a pretrial conference on December 8, 2017, at 10:00 am. Plaintiff's counsel may appear by phone. (Pretrial Conference set for 12/8/2017 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 10/27/2017) (ap) (Entered: 10/27/2017)
2017-10-27		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 10/27/2017. Counsel for all parties were present. (lab) (Entered: 11/01/2017)
2017-11-20	27	LETTER addressed to Judge Sidney H. Stein from Peter Aronoff dated 11/20/2017 re: status update on non-QAR documents. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 11/20/2017)
2017-12-01	28	LETTER MOTION for Extension of Time to complete processing QARs and correspondence addressed to Judge Sidney H. Stein from Peter Aronoff dated 12/1/2017. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 12/01/2017)
2017-12-08	29	LETTER addressed to Judge Sidney H. Stein from J. David Pollock dated December 8, 2017 re: In Opposition to a Further Extension of Time. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 12/08/2017)
2017-12-08		Minute Entry for proceedings held before Judge Sidney H. Stein: Pretrial Conference held on 12/8/2017. Counsel for all parties were present. (lab) (Entered: 12/08/2017)
2017-12-08	30	ORDER: A pretrial conference having been held today, with plaintiff's counsel attending by phone, IT IS HEREBY ORDERED that: The extended deadline for the production of all QARs and the related correspondence is March 1, 2018. If defendant needs to add additional personnel to the processing and production in order to meet that deadline, it is directed to do so. Sanctions will result from the failure to meet the March 1 deadline; Following that deadline, plaintiff shall narrow his remaining requests and inform the government of the narrowed universe of documents plaintiff seeks. In response, defendant shall determine the time needed to respond to those narrowed requests. The parties shall submit letters informing the Court of the status of this process on or before March 19, 2018; and There will be a pretrial conference on March 22, 2018, at 11:00 am. (Pretrial Conference set for 3/22/2018 at 11:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 12/8/2017) (ap) (Entered: 12/08/2017)
2018-03-19	31	CONSENT LETTER MOTION to Adjourn Conference and status update addressed to Judge Sidney H. Stein from Peter Aronoff dated 3/19/2018. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 03/19/2018)
2018-03-20	32	ORDER granting 31 Letter Motion to Adjourn Conference. The March 22 Conf. is adjourned to April 10 at 11 A.M. So Ordered. Status Conference set for 4/10/2018 at 11:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 3/20/2018) (js) (Entered: 03/20/2018)
2018-04-10		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 4/10/2018. Counsel for all parties were present. (lab) (Entered: 04/10/2018)
2018-04-10	33	ORDER: IT IS HEREBY ORDERED that: There will be a pretrial conference on May 31, 2018, at 2:30 p.m. (As further set forth in this Order.) (Pretrial Conference set for 5/31/2018 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/10/2018) (cf) (Entered: 04/10/2018)
2018-05-31		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 5/31/2018. Counsel for all parties were present. (lab) (Entered: 05/31/2018)
2018-05-31	34	ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that the parties shall submit a letter by June 14, 2018, proposing an agreed-upon schedule for (1) cross motions for summary judgment regarding the withheld portions of the medical files, and (2) the remaining production. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/31/2018) (ama) (Entered: 05/31/2018)
2018-06-14	35	LETTER addressed to Judge Sidney H. Stein from J. David Pollock dated June 14, 2018 re: Status Update in Accordance with the Court's May 31, 2018 Order. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 06/14/2018)
2018-06-18	36	MEMO ENDORSEMENT on re: 35 Letter Status Update, filed by Seth Freed Wessler. ENDORSEMENT: So Ordered. (Signed by Judge Sidney H. Stein on 6/18/18) (yv) (Entered: 06/18/2018)
2018-06-27	37	CONSENT LETTER MOTION for Extension of Time to file opening summary judgment brief addressed to Judge Sidney H. Stein from Peter Aronoff dated 6/27/2018. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 06/27/2018)
2018-06-28	38	ORDER granting 37 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Sidney H. Stein on 6/28/2018) (ama) (Entered: 06/28/2018)
2018-06-28	39	LETTER addressed to Judge Sidney H. Stein from SETH WESSLER dated June 28, 2018 re: Status Update. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 06/28/2018)
2018-07-06	40	MOTION for Partial Summary Judgment with respect to the assertion of FOIA privacy exemptions for medical records . Document filed by United States Department of Justice, United States Marshals Service. Responses due by 7/27/2018(Aronoff, Peter) (Entered: 07/06/2018)
2018-07-06	41	DECLARATION of Katherine Day in Support re: 40 MOTION for Partial Summary Judgment with respect to the assertion of FOIA privacy exemptions for medical records .. Document filed by United States Department of Justice, United States Marshals Service. (Aronoff, Peter) (Entered: 07/06/2018)
2018-07-06	42	MEMORANDUM OF LAW in Support re: 40 MOTION for Partial Summary Judgment with respect to the assertion of FOIA privacy exemptions for medical records . . Document filed by United States Department of Justice, United States Marshals Service. (Aronoff, Peter) (Entered: 07/06/2018)
2018-07-26	43	CONSENT LETTER MOTION for Extension of Time to file cross-motion for summary judgment addressed to Judge Sidney H. Stein from J. David Pollock dated July 26, 2018. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 07/26/2018)
2018-07-27	44	ORDER: granting 43 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/27/2018) (ama) (Entered: 07/27/2018)
2018-07-27		Set/Reset Deadlines: Responses due by 8/3/2018 Replies due by 8/17/2018. (ama) (Entered: 07/27/2018)
2018-08-03	45	FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Partial Summary Judgment . Document filed by Seth Freed Wessler. (Attachments: # 1 Memorandum of Law In Support of Motion for Partial Summary Judgment, # 2 Affidavit Declaration of Seth Freed Wessler)(Pollock, James) Modified on 8/15/2018 (ldi). (Entered: 08/03/2018)
2018-08-10	46	REPLY MEMORANDUM OF LAW in Support re: 40 MOTION for Partial Summary Judgment with respect to the assertion of FOIA privacy exemptions for medical records . and in opposition to plaintiff's cross-motion . Document filed by United States Department of Justice, United States Marshals Service. (Aronoff, Peter) (Entered: 08/10/2018)
2018-08-15		***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney James David Pollock to RE-FILE Document 45 MOTION for Partial Summary Judgment . ERROR(S): Supporting documents must be filed separately, each receiving their own document number. Declaration in Support of Motion and Memorandum of Law in Support of Motion are both found under the event list Replies, Opposition and Supporting Documents. (ldi) (Entered: 08/15/2018)
2018-08-16	47	MOTION for Partial Summary Judgment . Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 08/16/2018)
2018-08-16	48	MEMORANDUM OF LAW in Support re: 47 MOTION for Partial Summary Judgment . . Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 08/16/2018)
2018-08-16	49	DECLARATION of Seth Freed Wessler in Support re: 47 MOTION for Partial Summary Judgment .. Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 08/16/2018)
2018-08-16	50	LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Sidney H. Stein from J. David Pollock dated August 16, 2018. Document filed by Seth Freed Wessler.(Pollock, James) (Entered: 08/16/2018)
2018-08-17	51	ORDER granting 50 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. SO ORDERED. (Replies due by 8/22/2018.) (Signed by Judge Katherine Polk Failla, PART I on 8/17/2018) (anc) (Entered: 08/17/2018)
2018-08-22	52	CONSENT LETTER addressed to Judge Sidney H. Stein from Peter Aronoff dated 8/22/2018 re: stipulation and proposed order. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 08/22/2018)
2018-08-22	53	PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Justice, United States Marshals Service. (Aronoff, Peter) (Entered: 08/22/2018)
2018-08-22	54	REPLY MEMORANDUM OF LAW in Support re: 47 MOTION for Partial Summary Judgment . . Document filed by Seth Freed Wessler. (Pollock, James) (Entered: 08/22/2018)
2018-09-04	55	STIPULATION AND ORDER MODIFYING FOIA REQUEST: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the Parties as follows: Defendants' search and processing obligations in this action are governed solely by the terms of this Stipulation, and not by the original Request, except to the extent that this Stipulation expressly incorporates items of the Request ("Items"). Starting on the date both Parties sign this agreement (the "Execution Date"), Defendants will process an average of one thousand pages of potentially responsive records each month, subject to redactions or withholdings for any applicable FOIA exemptions. Starting on August 15, 2018, and on the 15th of each month thereafter (or, if that date is a weekend or federal holiday, the next business day), Defendants will provide Plaintiff the responsive, non-withheld pages processed in the past month. The Parties anticipate that the number of pages processed each month may vary, but the average number of pages processed per month in any 3- month period shall not be less than 900. Defendants' processing obligations under this Stipulation shall be complete when the total number of pages Defendants have processed consistent with the terms of this Stipulation reaches 18,000, regardless of the date when that occurs. Defendants' production for August 15, 2018, may be provided earlier than that date and may be based on priorities the parties have previously agreed on. Defendants will conduct the following additional searches within the timeframes listed, unless the Parties agree or the Court orders otherwise. The "Execution Date" is the date the Parties both sign this Stipulation and provide it to the Court for its approval. As set forth in this Order. Upon the completion of Defendants' search obligations under paragraph 5 of this Stipulation, Plaintiff agrees that Defendant's search obligations for documents responsive to the Request and the separate FOIA request sent to USMS on July 8, 2017 will have been satisfied. All other provisions as further set forth in this order. So Ordered. (Signed by Judge Sidney H. Stein on 9/4/2018) (js) (Entered: 09/04/2018)
2018-12-27	56	STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Colleen McMahon on 12/27/2018) (ama) (Entered: 01/03/2019)
2018-12-27		Case Stayed (ama) (Entered: 01/14/2019)
2019-03-26	57	ORDER, IT IS HEREBY ORDERED that there will be a conference on Friday, March 29, at 2:30 p.m., for the Court to read an oral opinion on the pending motions. SO ORDERED. (Status Conference set for 3/29/2019 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 3/26/2019) (kv) (Entered: 03/26/2019)
2019-03-27	58	MOTION for Jessica L. Hunter to Appear Pro Hac Vice on behalf of Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16569884. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Seth Freed Wessler. (Attachments: # 1 Affidavit, # 2 Exhibit Certificates of Good Standing, # 3 Text of Proposed Order)(Hunter, Jessica) (Entered: 03/27/2019)
2019-03-27		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Jessica L. Hunter to Appear Pro Hac Vice on behalf of Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16569884. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 03/27/2019)
2019-03-27		>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 58 MOTION for Jessica L. Hunter to Appear Pro Hac Vice on behalf of Plaintiff . Filing fee $ 200.00, receipt number ANYSDC-16569884. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 03/27/2019)
2019-03-29	59	ORDER granting 58 Motion for Jessica L. Hunter to Appear Pro Hac Vice (HEREBY ORDERED by Judge Sidney H. Stein)(Text Only Order) (lab) (Entered: 03/29/2019)
2019-03-29	60	ORDER denying 40 Motion for Partial Summary Judgment; granting 47 Motion for Partial Summary Judgment. IT IS HEREBY ORDERED that for the reasons set forth on the record, 1. Defendants' motion for partial summary judgment on the issue of whether detainee medical records held by the United States Marshals Service are categorically exempt from disclosure pursuant to FOIA exemptions 6 and 7C [Doc. No. 40] is denied; 2. Plaintiffs motion for partial summary judgment on the same issue [Doc. No. 47] is granted; and 3. There will be a status conference on May 23, 2019, at 4:30 p.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/29/2019) (kv) (Main Document 60 replaced on 3/29/2019) (kv). (Entered: 03/29/2019)
2019-03-29		Set/Reset Hearings: Status Conference set for 5/23/2019 at 04:30 PM before Judge Sidney H. Stein. (kv) (Entered: 03/29/2019)
2019-03-29		Minute Entry for proceedings held before Judge Sidney H. Stein: Pretrial Conference held on 3/29/2019. The Court reads a decision into the record on the pending motions. Counsel for all parties were present. (lab) (Entered: 04/09/2019)
2019-04-10	61	OPINION: The decedents and their surviving family members indeed have privacy interests in the medical records that Wessler seeks. However, it is also true that the public has a strong interest in understanding the operations of its government. That interest is particularly compelling when the information sought concerns the circumstances under which pretrial detainees individuals presumed to be innocent under the law died while in the custody of the Marshals. Balancing the privacy interests of the decedents and their families against the strong public interest in the records' disclosure, this Court finds that the production of the documents does not constitute an unwarranted invasion of personal privacy. Accordingly, defendants' motion for partial summary judgment is denied and plaintiff's cross-motion for partial summary judgment is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 4/10/2019) (kv) (Entered: 04/10/2019)
2019-05-20	62	CONSENT LETTER MOTION to Adjourn Conference currently scheduled for May 23 to June 12 addressed to Judge Sidney H. Stein from Peter Aronoff dated 5/20/2019. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 05/20/2019)
2019-05-20	63	ORDER granting 62 Letter Motion to Adjourn Conference. The conference is adjourned to June 12 at 11:00 a.m. SO ORDERED. Status Conference set for 6/12/2019 at 11:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 5/20/2019) (kv) (Entered: 05/20/2019)
2019-06-12		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 6/12/2019. Counsel for all parties were present. (lab) (Entered: 06/12/2019)
2019-06-13	64	ORDER, IT IS HEREBY ORDERED that 1. Defendants are directed to produce by July 8, 2019 the medical records for the thirteen detainees plaintiff represented on the record that he had prioritized pursuant to the governing Stipulation and Order (Doc. No. 55), but that the government had failed to produce. This Court has already determined in an Order (Doc. No. 60) and Opinion (Doc. No. 61) that detainee medical records held by the United States Marshals Service are not categorically exempt from disclosure pursuant to FOIA exemptions 6 and 7C. 2. There will be a pretrial conference on July 25, 2019 at 9:30 am. SO ORDERED. (Pretrial Conference set for 7/25/2019 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 6/13/2019) (kv) (Entered: 06/13/2019)
2019-07-24	65	LETTER addressed to Judge Sidney H. Stein from Peter Aronoff dated 7/24/2019 re: additional responsive records. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 07/24/2019)
2019-07-25		Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 7/25/2019. Counsel for all parties were present. (lab) (Entered: 07/25/2019)
2019-07-25	66	ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that the next conference will be held on September 25, 2019, at 11:00 a.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/25/2019) ( Status Conference set for 9/25/2019 at 11:00 AM before Judge Sidney H. Stein.)(ks) Modified on 7/25/2019 (ks). (Entered: 07/25/2019)
2019-09-23	67	JOINT LETTER MOTION to Adjourn Conference set for Wednesday, 9/25/19 at 11am, and requesting modification of stipulation addressed to Judge Sidney H. Stein from Peter Aronoff dated 9/23/2019. Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 09/23/2019)
2019-09-24	68	ORDER granting 67 Letter Motion to Adjourn Conference. So ordered. (Signed by Judge Sidney H. Stein on 9/24/2019) (ne) (Entered: 09/24/2019)
2019-11-01	69	STATUS REPORT. (joint) and proposal for further report by January 10, 2020 Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 11/01/2019)
2019-11-01	70	MEMO ENDORSEMENT on re: 69 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 11/1/2019) (kv) (Entered: 11/01/2019)
2020-01-10	71	STATUS REPORT. (joint) and proposal for further status report by February 21, 2020 Document filed by United States Department of Justice, United States Marshals Service.(Aronoff, Peter) (Entered: 01/10/2020)
2020-01-10	72	MEMO ENDORSEMENT on re: 71 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 1/10/2020) (kv) (Entered: 01/10/2020)
2020-02-21	73	STATUS REPORT. (joint) and proposal for further status report by May 1 Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 02/21/2020)
2020-03-02	74	MEMO ENDORSEMENT on re: 73 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 3/2/2020) (kv) (Entered: 03/02/2020)
2020-05-01	75	STATUS REPORT. and proposal for further status report by June 12, 2020 Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 05/01/2020)
2020-06-12	76	STATUS REPORT. (joint) and proposal for further status report by July 24 Document filed by Seth Freed Wessler..(Hunter, Jessica) (Entered: 06/12/2020)
2020-06-17	77	MEMO ENDORSEMENT on re: 76 STATUS REPORT. (joint) and proposal for further status report by July 24 Document filed by Seth Freed Wessler. ENDORSEMENT: The next status report is due by July 24, 2020. So ordered. (Signed by Judge Sidney H. Stein on 6/16/2020) (rjm) (Entered: 06/17/2020)
2020-06-19	78	JOINT LETTER addressed to Judge Sidney H. Stein from Peter Aronoff dated 6/19/2020 re: proposed further modification of government's processing obligations and request for the Court's endorsement. Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 06/19/2020)
2020-06-22	79	MEMO ENDORSEMENT on re: 78 JOINT LETTER addressed to Judge Sidney H. Stein from Peter Aronoff dated 6/19/2020 re: proposed further modification of government's processing obligations and request for the Court's endorsement. Document filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: So ordered. (Signed by Judge Sidney H. Stein on 6/22/2020). (rjm) (Entered: 06/22/2020)
2020-07-24	80	STATUS REPORT. and proposal for further status report by October 23, 2020 Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 07/24/2020)
2020-07-24	81	MEMO ENDORSEMENT: on re: 80 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: Application granted. The next status report is due on October 23, 2020. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/24/2020) (ama) (Entered: 07/24/2020)
2020-08-21	82	MOTION for Jessica Lee Hunter to Withdraw as Attorney . Document filed by Seth Freed Wessler. (Attachments: # 1 Exhibit Declaration of Jessica L. Hunter in Support of Motion to Withdraw as Counsel).(Hunter, Jessica) (Entered: 08/21/2020)
2020-08-24	83	MEMO ENDORSEMENT on MOTION TO WITHDRAW AS COUNSEL. ENDORSEMENT: So ordered. Granting 82 Motion to Withdraw as Attorney. Attorney Jessica Hunter terminated. (Signed by Judge Sidney H. Stein on 8/24/2020) (rjm) (Entered: 08/24/2020)
2020-10-23	84	STATUS REPORT. (joint) and proposal for further status report by December 4, 2020 Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 10/23/2020)
2020-10-23	85	MEMO ENDORSEMENT on re: 84 STATUS REPORT. (joint) and proposal for further status report by December 4, 2020 Document filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: Request to submit the next status report on December 4, 2020, is granted. So ordered. (Signed by Judge Sidney H. Stein on 10/23/2020) (rjm) (Entered: 10/23/2020)
2020-12-03	86	STATUS REPORT. (joint) and proposal for further status report by February 5, 2021 Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 12/03/2020)
2020-12-07	87	MEMO ENDORSEMENT on re: 86 Status Report filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: The request to submit the next status report by February 5, 2021, is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 12/7/2020) (va) (Entered: 12/07/2020)
2021-02-05	88	STATUS REPORT. (joint) and proposal for further status report by March 5, 2021 Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 02/05/2021)
2021-02-08	89	MEMO ENDORSEMENT on re: 88 STATUS REPORT. (joint) and proposal for further status report by March 5, 2021 Document filed by United States Department of Justice, United States Marshals Service. ENDORSEMENT: The next status report is due by March 5, 2021. So ordered. (Signed by Judge Sidney H. Stein on 2/5/2021) (rjm) (Entered: 02/08/2021)
2021-03-05	90	STATUS REPORT. Joint Status Report Document filed by Seth Freed Wessler..(Lustberg, Lawrence) (Entered: 03/05/2021)
2021-03-05	91	MEMO ENDORSEMENT on re: 90 Status Report filed by Seth Freed Wessler. ENDORSEMENT: The next status report is due by April 2, 2021. (Signed by Judge Sidney H. Stein on 3/5/2021) (cf) (Entered: 03/05/2021)
2021-03-26	92	PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Justice, United States Marshals Service..(Aronoff, Peter) (Entered: 03/26/2021)
2021-03-26	93	STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL. It is hereby STIPULATED and AGREED between the parties as follows: Within a reasonable time after the Court has endorsed and docketed this Stipulation and Order, the USMS shall pay to Plaintiff the sum of eighty-five thousand dollars and no cents ($85,000.00) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by Plaintiff for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information to counsel for the Defendants to effectuate the transfer. Plaintiff releases and discharges the Defendants and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that Plaintiff asserted, or could have asserted, in this litigation arising out of Plaintiffs April 3, 2016 FOIA Request. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order, and as further set forth in this Stipulation and Order of Settlement and Dismissal. So ordered. (United States Department of Justice and United States Marshals Service terminated.) (Signed by Judge Sidney H. Stein on 3/26/2021) (rjm) (Entered: 03/26/2021)
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