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Case TitleBroccoli v. U.S. Department of Justice
DistrictSouthern District of New York
CityWhite Plains
Case Number7:2023cv09535
Date Filed2023-10-31
Date ClosedOpen
JudgeJudge Nelson Stephen Roman
PlaintiffDomenico Broccoli
Case DescriptionDomenico Broccoli submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request. The agency told Broccoli that it had searched for records under his name and found no responsive records. Broccoli found that impossible to believe because he had previously been involved with an investigation into misconduct by an FBI agent that had been sent to the Office of Inspector General. As a result, Broccoli filed an administrative appeal. The FBI remanded the case for a new search. After hearing nothing further from the agency, Broccoli filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-10-311COMPLAINT against U.S. Department of Justice. (Filing Fee $ 402.00, Receipt Number ANYSDC-28501202)Document filed by Domenico Broccoli..(Riccardulli, Stephen) (Entered: 10/31/2023)
2023-10-312CIVIL COVER SHEET filed..(Riccardulli, Stephen) (Entered: 10/31/2023)
2023-10-313FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint. Document filed by Domenico Broccoli..(Riccardulli, Stephen) Modified on 11/1/2023 (jgo). (Entered: 10/31/2023)
2023-11-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Nelson Stephen Roman. 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 . .(jgo) (Entered: 11/01/2023)
2023-11-01Magistrate Judge Judith C. McCarthy is designated to handle matters that may be referred in this case. 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 . (jgo) (Entered: 11/01/2023)
2023-11-01Case Designated ECF. (jgo) (Entered: 11/01/2023)
2023-11-01***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Stephen Joseph Riccardulli to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; use the Freedom of Information Action summons form. 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. (jgo) (Entered: 11/01/2023)
2023-11-074REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint. Document filed by Domenico Broccoli..(Riccardulli, Stephen) (Entered: 11/07/2023)
2023-11-085ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice. (vf) (Entered: 11/08/2023)
2024-01-086AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. U.S. Department of Justice served on 12/21/2023, answer due 1/22/2024. Service was made by Certified Mail. Document filed by Domenico Broccoli..(Riccardulli, Stephen) (Entered: 01/08/2024)
2024-01-187NOTICE OF APPEARANCE by Kieran M Lalor on behalf of Domenico Broccoli..(Lalor, Kieran) (Entered: 01/18/2024)
2024-02-298FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Document filed by Domenico Broccoli..(Lalor, Kieran) Proposed Order to Show Cause to be reviewed by Clerk's Office staff. Modified on 3/1/2024 (km). (Entered: 02/29/2024)
2024-03-01***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER TO SHOW CAUSE WITHOUT EMERGENCY RELIEF. Notice to attorney Kieran Lalor regarding Document No. 8 Proposed Order to Show Cause Without Emergency Relief. The filing is deficient for the following reason(s): The filing is premature, you need to obtain a clerk's certificate of default first. Please refer to ECF Rule 16.1. (km) (Entered: 03/01/2024)
2024-04-049FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by Domenico Broccoli..(Lalor, Kieran) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 4/5/2024 (nd). (Entered: 04/04/2024)
2024-04-0410FILING ERROR - DEFICIENT DOCKET ENTRY - AFFIDAVIT of Kieran M. Lalor in Support. Document filed by Domenico Broccoli. (Attachments: # 1 Proposed Order Clerk's Certificate of Default).(Lalor, Kieran) Modified on 4/5/2024 (nd). (Entered: 04/04/2024)
2024-04-05***NOTICE TO ATTORNEY REGARDING REJECTION OF PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Notice to Attorney Lalor, Kieran re:document 9 Proposed Clerk's Certificate of Default was rejected by the Clerk's Office for the following reason(s): the pleading was improperly served; Please refile the Proposed Clerk's Certificate of Default after the pleading has been properly served. (nd) (Entered: 04/05/2024)
2024-04-1611FIRST LETTER addressed to Judge Nelson Stephen Roman from Stephen J. Riccardulli dated April 16, 2024 re: Proposed Clerk's Certificate of Default. Document filed by Domenico Broccoli. (Attachments: # 1 Exhibit Affidavit of Nonservice, # 2 Exhibit Affidavit of Service, # 3 Exhibit Proposed Certificate of Default).(Riccardulli, Stephen) (Entered: 04/16/2024)
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