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Case TitleLederman et al v. United States Department of State
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv04011
Date Filed2020-05-22
Date ClosedOpen
JudgeJudge Laura Taylor Swain
PlaintiffJosh Lederman
PlaintiffNBCUniversal Media LLC
Case DescriptionNBC News Reporter Josh Lederman submitted a FOIA request to the Department of State for records concerning communications between Susan Pompeo, the wife of Secretary of State Mike Pompeo, and any state.gov email addresses. Lederman also requested expedited processing. The agency acknowledged receipt of the request and denied Lederman's request for expedited processing. After hearing nothing further from the agency, Lederman filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Litigation - Attorney's fees

DefendantAll Defendants
United States Department of State
DefendantUnited States Department of State
Documents
Docket
Complaint
Opinion/Order [11]
Opinion/Order [14]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-221COMPLAINT against United States Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-19946889)Document filed by Josh Lederman, NBCUniversal Media LLC..(Bierbauer, Erik) (Entered: 05/22/2020)
2020-05-222CIVIL COVER SHEET filed..(Bierbauer, Erik) (Entered: 05/22/2020)
2020-05-223RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Comcast Corporation for NBCUniversal Media LLC. Document filed by NBCUniversal Media LLC..(Bierbauer, Erik) (Entered: 05/22/2020)
2020-05-224REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint. Document filed by Josh Lederman, NBCUniversal Media LLC..(Bierbauer, Erik) (Entered: 05/22/2020)
2020-05-26***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Erik Bierbauer. The party information for the following party/parties has been modified: Josh Lederman, NBCUniversal Media LLC, United States Department of State. The information for the party/parties has been modified for the following reason/reasons: party role was entered incorrectly;. (pc) (Entered: 05/26/2020)
2020-05-26***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Erik Bierbauer. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (pc) (Entered: 05/26/2020)
2020-05-26CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 05/26/2020)
2020-05-26Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 05/26/2020)
2020-05-26Case Designated ECF. (pc) (Entered: 05/26/2020)
2020-05-265ELECTRONIC SUMMONS ISSUED as to United States Department of State..(pc) (Entered: 05/26/2020)
2020-06-036ACKNOWLEDGMENT OF SERVICE. United States Department of State served on 6/1/2020, answer due 6/22/2020. Service was made by Mail. Document filed by Josh Lederman; NBCUniversal Media LLC..(Bierbauer, Erik) (Entered: 06/03/2020)
2020-06-087ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Robert W. Lehrburger. So Ordered. (Signed by Judge Laura Taylor Swain on 6/8/2020) (js) (Entered: 06/09/2020)
2020-07-028ANSWER to 1 Complaint. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 07/02/2020)
2020-07-069ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: Initial Conference set for 7/23/2020 at 02:30 PM before Magistrate Judge Robert W. Lehrburger. The parties shall appear before the Court, telephonically, for an initial pretrial conference in accordance with Rule 16 of the Federal Rules of Civil Procedure on July 23, 2020 at 2:30 p.m. Parties shall call the teleconference line at (888) 398- 2342 and enter access code 9543348. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/6/2020) Copies transmitted this date to all counsel of record by Chambers. (ks) (Entered: 07/06/2020)
2020-07-1510LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated July 15, 2020. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 07/15/2020)
2020-07-2011ORDER granting 10 Letter Motion to Adjourn Conference. The Initial Pretrial Conference currently set for July 23, 2020 at 2:30 p.m. is rescheduled to August 11, 2020 at 2:30 p.m. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices, no later than August 4, 2020, by 5:00 p.m. SO ORDERED. Initial Conference set for 8/11/2020 at 02:30 PM before Magistrate Judge Robert W. Lehrburger. (Signed by Magistrate Judge Robert W. Lehrburger on 7/20/2020) (mml) (Entered: 07/20/2020)
2020-08-0412LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated August 4, 2020 re: initial conference. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 08/04/2020)
2020-08-0413MEMO ENDORSEMENT on re: 12 Letter filed by United States Department of State. ENDORSEMENT: The Initial Pretrial Conference currently scheduled for August 11, 2020 at 2:30 p.m. is canceled. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/4/2020) (kv) (Entered: 08/04/2020)
2020-09-2814ORDER: On August 4, 2020, the Court granted the parties' request for permission "to submit a status letter to the Court by September 15, 2020, in order to provide the Court with an update as to this matter and propose a further path forward for this action including any issues related to the Department's processing rate and Plaintiffs' prioritization request." (Dkt. 13.) As of September 28, 2020, the parties have not done so. Accordingly, the parties shall submit such status letter no later than October 5, 2020. SO ORDERED. Copies transmitted this date to all counsel of record. (Signed by Magistrate Judge Robert W. Lehrburger on 9/28/2020) Copies transmitted by Chambers. (ks) Modified on 9/28/2020 (ks). (Entered: 09/28/2020)
2020-09-3015STATUS REPORT. Document filed by Josh Lederman, NBCUniversal Media LLC..(Bierbauer, Erik) (Entered: 09/30/2020)
2020-10-0716MEMO ENDORSEMENT on re: 15 Status Report filed by NBCUniversal Media LLC, Josh Lederman. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/7/2020) (mml) (Entered: 10/07/2020)
2020-10-2917LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated October 29, 2020. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 10/29/2020)
2020-10-2918ORDER granting 17 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/29/2020) (ks) (Entered: 10/29/2020)
2020-11-3019LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated November 30, 2020 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 11/30/2020)
2020-11-3020MEMO ENDORSEMENT on re: 19 Letter filed by United States Department of State. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/30/2020) (mml) (Entered: 12/01/2020)
2021-01-1521LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated January 15, 2021 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 01/15/2021)
2021-01-1522MEMO ENDORSEMENT on re: 21 LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated January 15, 2021 re: status update. Document filed by United States Department of State. ENDORSEMENT: So ordered. (Signed by Magistrate Judge Robert W. Lehrburger on 1/15/2021) (rjm) (Entered: 01/15/2021)
2021-03-1523LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated March 15, 2021 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 03/15/2021)
2021-03-1524MEMO ENDORSEMENT on re: 23 Letter filed by United States Department of State. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/15/2021) (jca) (Entered: 03/15/2021)
2021-05-1725LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated May 17, 2021 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 05/17/2021)
2021-05-1726MEMO ENDORSEMENT on re: 25 Letter filed by United States Department of State. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/17/2021) (rro) (Entered: 05/17/2021)
2021-07-1927LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated July 19, 2021 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 07/19/2021)
2021-07-1928MEMO ENDORSEMENT on re: 27 Letter filed by United States Department of State. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/19/2021) (mml) (Entered: 07/19/2021)
2021-09-2029LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated September 20, 2021 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 09/20/2021)
2021-09-2030MEMO ENDORSEMENT on re: 29 Letter filed by United States Department of State. ENDORSEMENT: Request granted. In the next status report, the Government shall indicate the projected date for completion of the FOIA production. Unless the production is expected to be completed before the end of this year, the parties should consider entering into a tolling agreement and dismissal of the case without prejudice to refiling. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 9/20/2021) (jca) (Entered: 09/20/2021)
2021-11-2131LETTER addressed to Magistrate Judge Robert W. Lehrburger from Alexander J. Hogan dated November 21, 2021 re: status update. Document filed by United States Department of State..(Hogan, Alexander) (Entered: 11/21/2021)
2021-11-2232MEMO ENDORSEMENT on re: 31 Letter filed by United States Department of State. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 11/22/2021) (mml) (Entered: 11/22/2021)
2021-12-0933STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, without prejudice against the defendant(s) United States Department of State and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by United States Department of State. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Hogan, Alexander) (Entered: 12/09/2021)
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