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Case TitleMaritime Legal Solutions, PLLC v. U.S. Transportation Command
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv07045
Date Filed2023-08-09
Date Closed2025-03-12
JudgeJudge Katherine Polk Failla
PlaintiffMaritime Legal Solutions, PLLC
Case DescriptionMaritime Legal Solutions submitted a FOIA request to U.S. Transportation Command for records concerning incidents of sexual abuse. The agency acknowledged receipt of the request. The agency gave MLS an estimated completion time but after hearing nothing further from the agency, MLS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Transportation Command
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Opinion/Order [14]
Opinion/Order [16]
Opinion/Order [18]
Opinion/Order [20]
Opinion/Order [22]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-091COMPLAINT against U.S. Transportation Command. (Filing Fee $ 402.00, Receipt Number ANYSDC-28127401)Document filed by Maritime Legal Solutions, PLLC. (Attachments: # 1 Exhibit A: FOIA Request, # 2 Exhibit B: FOIA Acknowledgment, # 3 Exhibit C: Estimated Completion Date (ECD) Request, # 4 Exhibit D: TRANSCOM Response to ECD Request, # 5 Exhibit E: TRANSCOM ECD Follow Up).(Melogy, John) (Entered: 08/09/2023)
2023-08-092CIVIL COVER SHEET filed..(Melogy, John) (Entered: 08/09/2023)
2023-08-093FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Maritime Legal Solutions, PLLC..(Melogy, John) (Entered: 08/09/2023)
2023-08-094REQUEST FOR ISSUANCE OF SUMMONS as to U.S. TRANSPORTATION COMMAND, re: 1 Complaint,. Document filed by Maritime Legal Solutions, PLLC..(Melogy, John) (Entered: 08/09/2023)
2023-08-10***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney John Ryan Melogy. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due);. The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid);. (pc) (Entered: 08/10/2023)
2023-08-10CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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: 08/10/2023)
2023-08-10Magistrate Judge Sarah L. Cave 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: 08/10/2023)
2023-08-10Case Designated ECF. (pc) (Entered: 08/10/2023)
2023-08-105ELECTRONIC SUMMONS ISSUED as to U.S. Transportation Command..(pc) (Entered: 08/10/2023)
2023-08-106FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Adria G. Notari to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28133551. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Maritime Legal Solutions, PLLC. (Attachments: # 1 Affidavit in support of pro hac vice admission per Local Rule 1.3, # 2 Exhibit Certificate of Good Standing, # 3 Proposed Order text of proposed order).(Notari, Adria) Modified on 8/11/2023 (va). (Entered: 08/10/2023)
2023-08-11>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 6 MOTION for Adria G. Notari to Appear Pro Hac Vice. Filing fee $ 200.00, receipt number ANYSDC-28133551. Motion and supporting papers to be reviewed by Clerk's Office staff. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of Florida. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (va) (Entered: 08/11/2023)
2023-08-167NOTICE OF INITIAL PRETRIAL CONFERENCE: The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. (And as further set forth herein.) SO ORDERED. Initial Conference set for 11/14/2023 at 10:30 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/16/2023) (jca) (Entered: 08/16/2023)
2023-08-218NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of U.S. Transportation Command..(Pantoja, Joseph) (Entered: 08/21/2023)
2023-08-259AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. U.S. Transportation Command served on 8/17/2023, answer due 9/18/2023. Service was made by MAIL. Document filed by Maritime Legal Solutions, PLLC. (Attachments: # 1 Affidavit Affidavidt of Service to SDNY, # 2 Affidavit Affidavit of Service to US Attorney General).(Melogy, John) (Entered: 08/25/2023)
2023-09-1410FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Katherine Polk Failla from AUSA Joseph A. Pantoja dated September 14, 2023. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 09/14/2023)
2023-09-1511ORDER: granting 10 Letter Motion for Extension of Time to Answer re 10 FIRST LETTER MOTION for Extension of Time to File Answer. addressed to Judge Katherine Polk Failla from AUSA Joseph A. Pantoja dated September 14, 2023. Application GRANTED. Defendant shall answer, move, or otherwise respond to the Complaint on or before October 17, 2023. The Clerk of Court is directed to terminate the pending motion at docket number 10. SO ORDERED. U.S. Transportation Command answer due 10/17/2023. (Signed by Judge Katherine Polk Failla on 9/15/2023) (ama) (Entered: 09/15/2023)
2023-10-1712ANSWER to 1 Complaint,. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 10/17/2023)
2023-11-1313JOINT LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from AUSA Joseph A. Pantoja dated November 13, 2023. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/13/2023)
2023-11-1314ORDER granting 13 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for November 14, 2023 is hereby ADJOURNED to November 29, 2023, at 10:00 a.m. The dial-in information for the conference remains the same, and is as follows: At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. The Court trusts that the parties will timely file their joint pre-conference submission and proposed case management plan on or before November 23, 2023, or will promptly seek an an adjournment should such additional time prove useful to the parties in reaching a negotiated resolution. The Clerk of Court is directed to terminate the pending motion at docket number 13. SO ORDERED. Initial Conference set for 11/29/2023 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 11/13/2023) (mml) (Entered: 11/13/2023)
2023-11-2015SECOND LETTER MOTION to Adjourn Conference (Joint) addressed to Judge Katherine Polk Failla from Joseph A. Pantoja, AUSA dated November 20, 2023. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/20/2023)
2023-11-2116ORDER granting 15 Letter Motion to Adjourn Conference. Application GRANTED. The initial pre-trial conference scheduled for November 29, 2023, is hereby ADJOURNED to February 22, 2024, at 11:00 a.m. The dial-in information for the conference remains the same: At the aforementioned date and time, the parties are to call (888) 363-4749 and enter access code 5123533. The parties shall file their pre-conference submissions on or before February 15, 2024. The Clerk of Court is directed to terminate the pending motion at docket number 15. Initial Conference set for 2/22/2024 at 11:00 AM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 11/21/2023) (rro) (Entered: 11/21/2023)
2024-02-1417THIRD LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Joseph A. Pantoja, AUSA dated February 14, 2024. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 02/14/2024)
2024-02-1518ORDER granting 17 Letter Motion to Adjourn Conference. Applicaton GRANTED. The initial pre-trial conference scheduled for February 22, 2024, is hereby ADJOURNED to April 10, 2024, at 10:00 a.m. The conference will be telephonic, and the Court will provide dial-in information on the docket in advance of the proceeding. The parties shall file their pre-conference submissions on or before April 4, 2024. The Clerk of Court is directed to terminate the pending motion at docket number 17. Initial Conference set for 4/10/2024 at 10:00 AM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/15/2024) (rro) (Entered: 02/15/2024)
2024-04-0419JOINT LETTER MOTION to Adjourn Conference addressed to Judge Katherine Polk Failla from Joseph A. Pantoja, AUSA dated April 4, 2024. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 04/04/2024)
2024-04-0420ORDER granting 19 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for April 10, 2024, is hereby ADJOURNED to June 11, 2024, at 12:00 p.m. As before, the conference will be telephonic, and the dial-in information is as follows: At the aforementioned date and time, the parties are to call (888) 363-4749 and enter access code 5123533. The parties shall provide their joint pre-conference submissions on or before June 6, 2024. The Clerk of Court is directed to terminate the pending motion at docket entry 19. SO ORDERED. Initial Conference set for 6/11/2024 at 12:00 PM before Judge Katherine Polk Failla.. (Signed by Judge Katherine Polk Failla on 4/4/2024) (jca) (Entered: 04/04/2024)
2024-06-0621FIFTH LETTER MOTION to Adjourn Conference on consent addressed to Judge Katherine Polk Failla from Joseph A. Pantoja, AUSA dated June 6, 2024. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 06/06/2024)
2024-06-0722ORDER granting 21 Letter Motion to Adjourn Conference. Application GRANTED. The conference scheduled for June 11, 2024, is hereby ADJOURNED to August 13, 2024, at 12:00 p.m. As before, the conference will be telephonic, and the dial-in information is as follows: At the aforementioned date and time, the parties are to call (888) 363-4749 and enter access code 5123533. The parties shall provide their joint pre-conference submissions on or before August 8, 2024. The Clerk of Court is directed to terminate the pending motion at docket entry 21. SO ORDERED. (Signed by Judge Katherine Polk Failla on 6/7/2024) Initial Conference set for 8/13/2024 at 12:00 PM before Judge Katherine Polk Failla. (ks) (Entered: 06/07/2024)
2024-08-0823LETTER addressed to Judge Katherine Polk Failla from Joseph A. Pantoja, AUSA dated August 8, 2024 re: status update and proposing briefing schedule and requesting that parties be relieved of obligation to submit pre-conference submissions. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 08/08/2024)
2024-08-0924MEMO ENDORSEMENT on re: 23 Letter, filed by U.S. Transportation Command. ENDORSEMENT: Application GRANTED. The Court hereby ADOPTS the proposed briefing schedule, as follows: Plaintiff's opening brief is due on or before September 9, 2024; Defendant's opposition and cross-motion brief is due on or before October 9, 2024; Plaintiff's reply and opposition is due on or before October 30, 2024; and Defendant's reply is due on or before November 20, 2024. The parties' shall file a joint Local Rule 56.1 Statement of Facts as well as a joint set of exhibits along with Plaintiff's opening brief. The parties are advised to be mindful of the recent revisions to Local Civil Rule 56.1, effective July 1, 2024. In light of the above, the initial pre-trial conference scheduled for August 13, 2024, is hereby ADJOURNED sine die. SO ORDERED. ( Cross Motions due by 10/9/2024., Motions due by 9/9/2024., Responses due by 10/30/2024, Replies due by 11/20/2024.) (Signed by Judge Katherine Polk Failla on 8/9/2024) (tg) (Entered: 08/09/2024)
2024-09-0925MOTION for Summary Judgment . Document filed by Maritime Legal Solutions, PLLC. Responses due by 10/30/2024.(Melogy, John) (Entered: 09/09/2024)
2024-09-0926MEMORANDUM OF LAW in Support re: 25 MOTION for Summary Judgment . . Document filed by Maritime Legal Solutions, PLLC. (Attachments: # 1 Affidavit Declaration of J. Ryan Melogy, # 2 Exhibit A: FOIA Request, # 3 Exhibit B: Treminio Notification Letter, # 4 Exhibit C: Order Denying Crowley's MSJ, # 5 Supplement Plaintiff's Statement of Material Facts).(Melogy, John) (Entered: 09/09/2024)
2024-10-0427FIRST LETTER MOTION for Extension of Time to File Response/Reply to plaintiff's motion for summary judgment and cross-move for summary judgment addressed to Judge Katherine Polk Failla from Joseph A. Pantoja, AUSA dated October 4, 2024. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 10/04/2024)
2024-10-0728ORDER granting 27 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The deadlines for briefing on the parties' motions for summary judgment are hereby ADJOURNED in accordance with the above schedule. The new deadlines are as follows: Defendant's opposition and cross-motion brief is due on or before November 8, 2024; Plaintiff's reply and opposition is due on or before November 29, 2024; and Defendant's reply is due on or before December 20, 2024. The Clerk of Court is directed to terminate the pending motion at docket entry 27. SO ORDERED. Responses due by 11/29/2024 Replies due by 12/20/2024. (Signed by Judge Katherine Polk Failla on 10/7/2024) (sgz) (Entered: 10/07/2024)
2024-11-0829CROSS MOTION for Summary Judgment . Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/08/2024)
2024-11-0830MEMORANDUM OF LAW in Support re: 29 CROSS MOTION for Summary Judgment . And in opposition to Plaintiff's motion for summary judgment . Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/08/2024)
2024-11-0831DECLARATION of Patricia M. Feist in Support re: 29 CROSS MOTION for Summary Judgment .. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/08/2024)
2024-11-0832DECLARATION of Christopher T. Frost in Support re: 29 CROSS MOTION for Summary Judgment .. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/08/2024)
2024-11-0833DECLARATION of James C. Buckels in Support re: 29 CROSS MOTION for Summary Judgment .. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 11/08/2024)
2024-11-2634FIRST LETTER MOTION for Extension of Time to File Response/Reply as to 29 CROSS MOTION for Summary Judgment . addressed to Judge Katherine Polk Failla from Ryan Melogy dated November 26, 2024. Document filed by Maritime Legal Solutions, PLLC. (Attachments: # 1 Exhibit News Article Regarding DFTS Trafficking Allegations, # 2 Exhibit News Article Regarding Settlement of DFTS Trafficking Allegations).(Melogy, John) (Entered: 11/26/2024)
2024-11-2735ORDER granting 34 Letter Motion for Extension of Time to File. Application GRANTED. The deadlines for briefing on the parties' motions for summary judgment are hereby ADJOURNED in accordance with the above schedule. The new deadlines are as follows: Plaintiff's reply and opposition is due on or before January 28, 2025; and Defendant's reply is due on or before February 18, 2025. The Clerk of Court is directed to terminate the pending motion at docket entry 34. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/27/2024) Response/Reply Responses due by 1/28/2025 Replies due by 2/18/2025. (ar) Modified on 11/27/2024 (ar). (Entered: 11/27/2024)
2025-01-2636SECOND LETTER MOTION for Extension of Time to File Response/Reply as to 29 CROSS MOTION for Summary Judgment . addressed to Judge Katherine Polk Failla from Ryan Melogy dated 1/26/2025. Document filed by Maritime Legal Solutions, PLLC..(Melogy, John) (Entered: 01/26/2025)
2025-01-2737ORDER granting 36 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. The deadlines for briefing on the parties' motions for summary judgment are hereby ADJOURNED in accordance with the above schedule. The new deadlines are as follows: Plaintiff's reply and opposition is due on or before March 14, 2025; and Defendant's reply is due on or before April 4, 2025. Given this is Plaintiff's second request for an extension of the briefing schedule, the parties are advised that the Court does not intend to grant additional extension requests absent exigent circumstances. The Clerk of Court is directed to terminate the pending motion atdocket entry 36. Responses due by 3/14/2025 Replies due by 4/4/2025.. (Signed by Judge Katherine Polk Failla on 1/27/2025) (rro) (Entered: 01/27/2025)
2025-03-1138PROPOSED STIPULATION AND ORDER. Document filed by U.S. Transportation Command..(Pantoja, Joseph) (Entered: 03/11/2025)
2025-03-1239STIPULATION AND ORDER OF DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii):IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: TRANSCOM's productions resolve any and all claims that MLS now hasor may hereinafter acquire against TRANSCOM or the United States of America, or any department, agency, officer, or employee of TRANSCOM and/or the United States ofAmerica, related to or arising out of the FOIA Request. This action is hereby dismissed with prejudice pursuant to Federal Rule ofCivil Procedure 41(a)(1)(A)(ii), with each party to bear its own fees and costs. The Clerk of Court is directed to terminate all pending motions, adjourn all remaining dates, and close this case. (Signed by Judge Katherine Polk Failla on 3/12/2025) (rro) (Entered: 03/12/2025)
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