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Case TitleHong v. U.S. Department Of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv04756
Date Filed2021-05-27
Date Closed2022-07-26
JudgeJudge Denise L. Cote
PlaintiffVictor Hong
Case DescriptionVictor Hong submitted FOIA requests to the Department of Justice and the Securities Exchange Commission for records concerning DOJ's involvement with the SEC's settlement with Royal Bank of Scotland and other banks. The agencies denied the records entirely under Exemption 4 (commercial and confidential), Exemption 5 (privileges), and Exemption 7 (law enforcement records). After hearing nothing further from the agencies, Hong filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department Of Justice
DefendantU.S. Department Of Justice
TERMINATED: 07/27/2022
DefendantU.S. Securities and Exchange Commission
DefendantU.S. Securities and Exchange Commission
TERMINATED: 07/27/2022
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
Complaint attachment 9
Complaint attachment 10
Opinion/Order [15]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-05-271FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against All Defendants. (Filing Fee $ 402.00, Receipt Number ANYSDC-24597558)Document filed by Victor Hong. (Attachments: # 1 Exhibit A = DOJ FOIA Request, # 2 Exhibit B = denial; of the DOJ FOIA request, # 3 Exhibit C= remand of DOJ FOIA request, # 4 Exhibit D= DOJ response, # 5 Exhibit E= Appeal of the DOJ response, # 6 Exhibit F= DOJ final determination, # 7 Exhibit G= SEC FOIA request, # 8 Exhibit H= response to SEC FOIA request, # 9 Exhibit I= SEC's denial of Plaintiffs appeal, # 10 Exhibit J= SEC's final order).(Corenthal, Richard) Modified on 5/28/2021 (pc). (Entered: 05/27/2021)
2021-05-272CIVIL COVER SHEET filed..(Corenthal, Richard) (Entered: 05/27/2021)
2021-05-273REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,,. Document filed by Victor Hong..(Corenthal, Richard) (Entered: 05/27/2021)
2021-05-274REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Securities and Exchange Commission, re: 1 Complaint,,. Document filed by Victor Hong..(Corenthal, Richard) (Entered: 05/27/2021)
2021-05-28***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Richard Scott Corenthal. The party information for the following party/parties has been modified: U.S. DEPARTMENT OF JUSTICE. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps;. (pc) (Entered: 05/28/2021)
2021-05-28***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Richard Scott Corenthal to RE-FILE Document No. 1 Complaint,,. The filing is deficient for the following reason(s): the All Defendant radio button was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pc) (Entered: 05/28/2021)
2021-05-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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: 05/28/2021)
2021-05-28Magistrate Judge Ona T. Wang 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: 05/28/2021)
2021-05-28Case Designated ECF. (pc) (Entered: 05/28/2021)
2021-05-285ELECTRONIC SUMMONS ISSUED as to U.S. Securities and Exchange Commission..(pc) (Entered: 05/28/2021)
2021-05-286ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice..(pc) (Entered: 05/28/2021)
2021-05-28ADD PARTY FOR PLEADING. Defendants/Respondents U.S. Department Of Justice, U.S. Securities and Exchange Commission added. Party added pursuant to 1 Complaint,,.Document filed by Victor Hong. Related document: 1 Complaint,,..(Corenthal, Richard) (Entered: 05/28/2021)
2021-05-287NOTICE OF APPEARANCE by Paul Kevin Brown on behalf of Victor Hong..(Brown, Paul) (Entered: 05/28/2021)
2021-06-048NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Pretrial Conference by telephone set for 9/15/2021 at 02:30 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749, Access Code: 4324948. SO ORDERED. (Signed by Judge Denise L. Cote on 6/4/2021) (vfr) (Entered: 06/04/2021)
2021-06-079AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on U.S. Securities and Exchange Commission on 6/7/2021. Service was made by Mail. Document filed by Victor Hong..(Brown, Paul) (Entered: 06/07/2021)
2021-06-0710AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on U.S. Department of Justice on 6/7/2021. Service was made by Mail. Document filed by Victor Hong..(Brown, Paul) (Entered: 06/07/2021)
2021-07-1511SUMMONS RETURNED EXECUTED Summons and Complaint,, served. U.S. Department Of Justice served on 7/9/2021, answer due 7/30/2021. Document filed by Victor Hong..(Corenthal, Richard) (Entered: 07/15/2021)
2021-07-1512SUMMONS RETURNED EXECUTED Summons and Complaint,, served. U.S. Securities and Exchange Commission served on 7/8/2021, answer due 7/29/2021. Document filed by Victor Hong..(Corenthal, Richard) (Entered: 07/15/2021)
2021-08-2513ANSWER to 1 Complaint,,. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 08/25/2021)
2021-09-1014JOINT LETTER MOTION to Adjourn Conference addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 9/10/21. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 09/10/2021)
2021-09-1015ORDER granting 14 Letter Motion to Adjourn Conference. The conference is adjourned sine die. A status letter is due October 8, 2021. (Signed by Judge Denise L. Cote on 9/10/2021) (vfr) (Entered: 09/10/2021)
2021-10-0816JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 10/8/21 re: Status Report. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 10/08/2021)
2021-10-0817MEMO ENDORSEMENT on re: 16 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 10/8/2021) (vfr) (Entered: 10/08/2021)
2021-11-1918JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 11/19/21 re: Status Report. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 11/19/2021)
2021-11-1919MEMO ENDORSEMENT on re: 18 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status report due 12/20/21. (Signed by Judge Denise L. Cote on 11/19/2021) (vfr) (Entered: 11/19/2021)
2021-12-2020JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 12/20/21 re: Status of Searches. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 12/20/2021)
2021-12-2021MEMO ENDORSEMENT on re: 20 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status Report is due 1/31/2022. (Signed by Judge Denise L. Cote on 12/20/2021) (rro) Modified on 1/5/2022 (rro). (Entered: 12/20/2021)
2022-01-3122JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 1/31/22 re: Status of Searches. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 01/31/2022)
2022-02-0123MEMO ENDORSEMENT on re: 22 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status report is due 2/28/22. (Signed by Judge Denise L. Cote on 2/1/2022) (vfr) (Entered: 02/01/2022)
2022-02-2824LETTER addressed to Judge Denise L. Cote from Richard S. Corenthal dated Febraury 28, 2022 re: Status Letter and Request for Informal Conference. Document filed by Victor Hong..(Corenthal, Richard) (Entered: 02/28/2022)
2022-02-2825LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 2/28/22 re: Status of Productions and Response to Plaintiff's Letter. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 02/28/2022)
2022-03-0126MEMO ENDORSEMENT on re: 25 Letter, filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status report is due 3/21/22. (Signed by Judge Denise L. Cote on 3/1/2022) (vfr) (Entered: 03/01/2022)
2022-03-2127JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 3/21/22 re: Status of Productions. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 03/21/2022)
2022-03-2228MEMO ENDORSEMENT on re: 27 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: On 2/28/22, the Government indicated it could propose realistic schedules by 3/21/22. The Government shall by 3/30/22 propose realistic schedules for all remaining review and production. (Signed by Judge Denise L. Cote on 3/22/2022) (vfr) (Entered: 03/22/2022)
2022-03-3029JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 3/30/22 re: Status of Productions. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 03/30/2022)
2022-03-3130MEMO ENDORSEMENT on re: 29 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status letter is due 5/13/22. (Signed by Judge Denise L. Cote on 3/31/2022) (vfr) (Entered: 03/31/2022)
2022-05-1331LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 5/13/22 re: Status Report. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 05/13/2022)
2022-05-1332MEMO ENDORSEMENT on re: 31 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status report is due 7/13/22. (Signed by Judge Denise L. Cote on 5/13/2022) (vfr) (Entered: 05/13/2022)
2022-07-1333JOINT LETTER addressed to Judge Denise L. Cote from AUSA Jean-David Barnea dated 7-13-22 re: Status Report. Document filed by U.S. Department Of Justice, U.S. Securities and Exchange Commission..(Barnea, Jean-David) (Entered: 07/13/2022)
2022-07-1334MEMO ENDORSEMENT: on re: 33 Letter filed by U.S. Securities and Exchange Commission, U.S. Department Of Justice. ENDORSEMENT: Status letter is due 8/15/2022. (Signed by Judge Denise L. Cote on 7/13/2022) (ama) (Entered: 07/13/2022)
2022-07-2235STIPULATION 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, with prejudice against the defendant(s) U.S. Department Of Justice, U.S. Securities and Exchange Commission and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by Victor Hong. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(Brown, Paul) (Entered: 07/22/2022)
2022-07-2736STIPULATION OF VOLUNTARY DISMISSAL PURSANT TO F.R.C.P. 41(a)(1)(A)(ii): IT IS HEREBY STIPULATED AND AGREED by and between the undersigned attorneys of record for the parties in the above-captioned action that, in accordance with Rule 41 of the Federal Rules of Civil Procedure, the action is withdrawn by Plaintiff and dismissed with prejudice and without costs or attorneys' fees to any party. So Ordered. The Clerk of Court shall close the case. U.S. Department Of Justice and U.S. Securities and Exchange Commission terminated. (Signed by Judge Denise L. Cote on 7/27/2022) (vfr) (Entered: 07/27/2022)
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