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Case TitleEmery Celli Brinckerhoff Abady Ward & Maazel, LLP v. United States Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv09917
Date Filed2020-11-24
Date Closed2022-03-09
JudgeJudge Alvin K. Hellerstein
PlaintiffEmery Celli Brinckerhoff Abady Ward & Maazel, LLP
Case DescriptionThe law firm of Emery Celli Brinckerhoff Abrady Ward & Maazel, which was representing the estate of Jamel Floyd who had died in federal prison, submitted a FOIA request to the Department of Justice for records concerning Floyd's death. The agency acknowledged receipt of the request. The agency denied the request under Exemption 7(A) (interference with ongoing investigation or proceeding). The law firm filed an administrative appeal. The agency upheld its original denial on appeal. The law firm then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantFederal Bureau of Prisons
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [20]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-11-241COMPLAINT against FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE. (Filing Fee $ 400.00, Receipt Number ANYSDC-22740145)Document filed by EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP. (Attachments: # 1 Exhibit -EXHIBIT A: Plaintiffs request (July 16, 2020), # 2 Exhibit -EXHIBIT B: Surrogate Court's order (November 10, 2020), # 3 Exhibit -EXHIBIT C: BOP's FOIA request denial letter (July 30, 2020), # 4 Exhibit -EXHIBIT D: BOP's FOIA request denial letter (August 17, 2020), # 5 Exhibit -EXHIBIT E: DOJ's FOIA appeal denial letter (September 15, 2020)).(Bourland, Nicholas) (Entered: 11/24/2020)
2020-11-252CIVIL COVER SHEET filed..(Bourland, Nicholas) (Entered: 11/25/2020)
2020-11-25***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Nicholas Bourland. The party information for the following party/parties has been modified: FEDERAL BUREAU OF PRISONS, UNITED STATES DEPARTMENT OF JUSTICE, EMERY CELLI BRINCKERHOFF ABADY WARD & MAAZEL LLP. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (dnh) (Entered: 11/25/2020)
2020-11-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. 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 . .(dnh) (Entered: 11/25/2020)
2020-11-25Magistrate Judge Gabriel W. Gorenstein 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 . (dnh) (Entered: 11/25/2020)
2020-11-25Case Designated ECF. (dnh) (Entered: 11/25/2020)
2020-11-253NOTICE OF APPEARANCE by Nicholas Bourland on behalf of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 11/25/2020)
2020-11-254NOTICE OF APPEARANCE by Katherine R. Rosenfeld on behalf of Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Rosenfeld, Katherine) (Entered: 11/25/2020)
2020-11-255FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint,,. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) Modified on 11/30/2020 (jgo). (Entered: 11/25/2020)
2020-11-256FILING ERROR - PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to FEDERAL BUREAU OF PRISONS, re: 1 Complaint,,. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) Modified on 11/30/2020 (jgo). (Entered: 11/25/2020)
2020-11-307REQUEST FOR ISSUANCE OF SUMMONS as to UNITED STATES DEPARTMENT OF JUSTICE, re: 1 Complaint,,. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 11/30/2020)
2020-11-308REQUEST FOR ISSUANCE OF SUMMONS as to FEDERAL BUREAU OF PRISONS, re: 1 Complaint,,. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 11/30/2020)
2020-12-019ELECTRONIC SUMMONS ISSUED as to United States Department of Justice..(dnh) (Entered: 12/01/2020)
2020-12-0110ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Prisons..(dnh) (Entered: 12/01/2020)
2020-12-0811SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. United States Department of Justice served on 12/3/2020, answer due 1/4/2021. Service was made by MAIL. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 12/08/2020)
2020-12-0812SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,, served. Federal Bureau of Prisons served on 12/1/2020, answer due 12/31/2020. Service was accepted by CORINNE NASTRO, Associate General Counsel. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 12/08/2020)
2020-12-1013CERTIFICATE OF SERVICE of Complaint and Summons served on United States Department of Justice c/o Civil Division of the United States Attorneys' Office SDNY on 12/02/2020. Service was accepted by Derick Mayeus, Employee. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 12/10/2020)
2020-12-1014CERTIFICATE OF SERVICE of Complaint and Summons served on Federal Bureau of Prisons c/o Civil Division of the United States Attorneys' Office on 12/02/2020. Service was accepted by Derick Mayeus, Employee. Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Bourland, Nicholas) (Entered: 12/10/2020)
2020-12-1715NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 12/17/2020)
2020-12-2916LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 12/29/2020 re: Request for Extension. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 12/29/2020)
2020-12-3017MEMO ENDORSEMENT on re: 16 Letter Request for Extension filed by United States Department of Justice, Federal Bureau of Prisons. ENDORSEMENT: So ordered,. (All Defendants.) (Signed by Judge Alvin K. Hellerstein on 12/30/20) (yv) (Entered: 12/30/2020)
2021-01-1518ANSWER to 1 Complaint,,. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 01/15/2021)
2021-03-3119JOINT LETTER MOTION to Stay addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 3/31/2021. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 03/31/2021)
2021-04-0220ORDER denying 19 Letter Motion to Stay re: 19 JOINT LETTER MOTION to Stay addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 3/31/2021. Since Plaintiff and Defendant agree to postpone production, a stay is unnecessary. The parties shall jointly report the status of proceedings by June 1, 2021, and appear for a conference on June 18, 2021, at 10:00 a.m. So ordered,. (Signed by Judge Alvin K. Hellerstein on 4/2/21) (yv) (Entered: 04/02/2021)
2021-04-02Set/Reset Hearings: Status Conference set for 6/18/2021 at 10:00 AM before Judge Alvin K. Hellerstein. (yv) (Entered: 04/02/2021)
2021-06-0121JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 6/1/2021 re: Status. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 06/01/2021)
2021-06-0422MEMO ENDORSEMENT on re: 21 Letter Status filed by United States Department of Justice, Federal Bureau of Prisons. ENDORSEMENT : Upon the parties' request, the status conference previously scheduled for June 18, 2021, is hereby adjourned to August 27, 2021, at 10:00 a.m. The parties are ordered to jointly submit a status letter no later than August 16, 2021. So ordered., ( Status Conference set for 8/27/2021 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 6/4/21) (yv) (Entered: 06/04/2021)
2021-08-1623JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 8/16/2021 re: Status. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 08/16/2021)
2021-08-1724MEMO ENDORSEMENT on re: 23 Letter Status filed by United States Department of Justice, Federal Bureau of Prisons. ENDORSEMENT : So ordered. (Signed by Judge Alvin K. Hellerstein on 8/17/21) (yv) (Entered: 08/17/2021)
2021-09-1625NOTICE OF APPEARANCE by Tara Schwartz on behalf of Federal Bureau of Prisons, United States Department of Justice..(Schwartz, Tara) (Entered: 09/16/2021)
2021-09-1626JOINT LETTER addressed to Judge Alvin K. Hellerstein from Tara Schwartz dated September 16, 2021 re: Status. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Schwartz, Tara) (Entered: 09/16/2021)
2021-09-1727MEMO ENDORSEMENT on re: 26 Letter filed by United States Department of Justice, Federal Bureau of Prisons requesting that the parties be granted leave to provide another joint status letter no later than October 15, 2021. ENDORSEMENT: The parties' request is granted. So Ordered. (Signed by Judge Alvin K. Hellerstein on 9/17/2021) (js) (Entered: 09/17/2021)
2021-10-1528LETTER addressed to Judge Alvin K. Hellerstein from Katherine Rosenfeld dated October 15, 2021 re: Joint Status Update Pursuant to the Court's September 17, 2021 Order (Dkt. No. 27). Document filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP..(Rosenfeld, Katherine) (Entered: 10/15/2021)
2021-10-1529MEMO ENDORSEMENT on re: 28 Letter Joint Status Update Pursuant to the Court's September 17, 2021 Order (Dkt. No. 27), filed by Emery Celli Brinckerhoff Abady Ward & Maazel, LLP. ENDORSEMENT: The request is approved. So ordered. (Signed by Judge Alvin K. Hellerstein on 10/15/21) (yv) (Entered: 10/15/2021)
2021-10-2930LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 10/29/2021 re: Status. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 10/29/2021)
2021-11-0131MEMO ENDORSEMENT on re: 30 Letter Status filed by United States Department of Justice, Federal Bureau of Prisons. ENDORSEMENT: The request is approved. So ordered. (Signed by Judge Alvin K. Hellerstein on 11/1/21) (yv) (Entered: 11/01/2021)
2021-12-0832JOINT LETTER addressed to Judge Alvin K. Hellerstein from Tara Schwartz dated December 8, 2021 re: Status. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Schwartz, Tara) (Entered: 12/08/2021)
2021-12-0833MEMO ENDORSEMENT on re: 32 Letter Status filed by United States Department of Justice, Federal Bureau of Prisons. ENDORSEMENT : The request is approved. So ordered. (Signed by Judge Alvin K. Hellerstein on 12/8/21) (yv) (Entered: 12/08/2021)
2022-01-2834JOINT LETTER addressed to Judge Alvin K. Hellerstein from Lucas Issacharoff dated 1/28/2022 re: Status. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 01/28/2022)
2022-01-2835MEMO ENDORSEMENT: on re: 34 Letter filed by United States Department of Justice, Federal Bureau of Prisons. ENDORSEMENT: The proposed March 15, 2022 deadline is approved. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 1/28/2022) (ama) (Entered: 01/28/2022)
2022-03-0336PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau of Prisons, United States Department of Justice..(Issacharoff, Lucas) (Entered: 03/03/2022)
2022-03-0937STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL... IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: The records produced by BOP fully resolves any and all claims Plaintiff now have or may hereafter acquire against Defendants or the United States of America ("United States"), or any department, agency, officer, or employee of Defendants and/or the United States, for the release of records arising from Plaintiff's FOIA requests at issue in this action: BOP FOIA Request Nos. 2020-04695 and 2020-06272. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, BOP shall pay to Plaintiff via electronic funds transfer the sum of TWENTY SEVEN THOUSAND ONE HUNDRED DOLLARS AND ZERO CENTS ($27,100.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept in complete satisfaction of any and all claims by Plaintiff for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for Plaintiff will provide the necessary information for BOP to effectuate the electronic funds transfer. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. This Stipulation and Order shall not constitute an admission of liability or fault on the part of Defendants or the United States or their agents, servants, or employees, and is entered into by all parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against Defendants, the United States, or any agency or instrumentality of the United States. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/9/22) (yv) (Entered: 03/09/2022)
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