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Case TitleRadar Online LLC v. Federal Bureau Of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv03956
Date Filed2017-05-25
Date Closed2024-06-26
JudgeJudge Paul G. Gardephe
PlaintiffRadar Online LLC
PlaintiffJames Robertson
Case DescriptionRadar Online, an online investigative journalism site, submitted a FOIA request to the FBI for records concerning Julius Epstein, a billionaire financier who was the subject of an undercover sex trafficking investigation in Palm Beach, FL. Radar Online also requested expedited processing. After hearing nothing further from the agency, Radar Online filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Bureau Of Investigation
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [21]
Opinion/Order [24]
Opinion/Order [45]
Opinion/Order [51]
Opinion/Order [64]
Opinion/Order [65]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-05-251COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-13707746)Document filed by Radar Online LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Novack, Daniel) (Entered: 05/25/2017)
2017-05-252CIVIL COVER SHEET filed. (Novack, Daniel) (Entered: 05/25/2017)
2017-05-253RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Radar Online LLC.(Novack, Daniel) (Entered: 05/25/2017)
2017-05-254REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Radar Online LLC. (Novack, Daniel) (Entered: 05/25/2017)
2017-05-26CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (jvs) (Entered: 05/26/2017)
2017-05-26Magistrate Judge Kevin Nathaniel Fox 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: http://nysd.uscourts.gov/forms.php . (jvs) (Entered: 05/26/2017)
2017-05-26Case Designated ECF. (jvs) (Entered: 05/26/2017)
2017-05-265ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (jvs) (Entered: 05/26/2017)
2017-06-016NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 9/7/2017 at 10:45 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. And as further set forth in this Order. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/1/2017) (anc) (Entered: 06/01/2017)
2017-06-087AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. Federal Bureau Of Investigation served on 6/8/2017, answer due 7/10/2017. Service was made by Mail. Document filed by Radar Online LLC. (Novack, Daniel) (Entered: 06/08/2017)
2017-06-168NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of Federal Bureau Of Investigation. (Reddy, Kirti) (Entered: 06/16/2017)
2017-07-129ANSWER to 1 Complaint. Document filed by Federal Bureau Of Investigation.(Reddy, Kirti) (Entered: 07/12/2017)
2017-08-1710LETTER addressed to Judge Paul G. Gardephe from Radar Online dated 8/17/2017 re: Amended Complaint. Document filed by Radar Online LLC.(Novack, Daniel) (Entered: 08/17/2017)
2017-08-1711FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - FIRST AMENDED COMPLAINT amending 1 Complaint against Federal Bureau Of Investigation.Document filed by James Robertson. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Novack, Daniel) Modified on 8/18/2017 (pc). (Entered: 08/17/2017)
2017-08-18***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Daniel Richard Novack to RE-FILE Document No. 11 Amended Complaint,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the pleading. Re-file the pleading using the event type Amended 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: 08/18/2017)
2017-08-2812FIRST AMENDED COMPLAINT amending 1 Complaint against Federal Bureau Of Investigation.Document filed by James Robertson, Radar Online LLC. Related document: 1 Complaint. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Novack, Daniel) (Entered: 08/28/2017)
2017-09-0513JOINT PRE-CONFERENCE STATEMENT (letter) . Document filed by Federal Bureau Of Investigation.(Reddy, Kirti) (Entered: 09/05/2017)
2017-09-07Minute Entry for proceedings held before Judge Paul G. Gardephe: Initial Pretrial Conference held on 9/7/2017. (Court Reporter Sam Mauro) (mr) (Entered: 09/07/2017)
2017-09-0814ANSWER to 12 Amended Complaint. Document filed by Federal Bureau Of Investigation.(Reddy, Kirti) (Entered: 09/08/2017)
2017-09-1415JOINT LETTER addressed to Judge Paul G. Gardephe from Kirti Vaidya Reddy dated September 14, 2017 Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit proposed stipulation)(Reddy, Kirti) (Entered: 09/14/2017)
2017-10-0316MEMO ENDORSEMENT on re: 15 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: Given the burdens FOIA actions implore on the FBI, and the need to simultaneously review and lease documents in numerous cases, the FBI is directed to process 500 pages per month. (Signed by Judge Paul G. Gardephe on 10/2/2017) (mro) (Entered: 10/03/2017)
2017-10-0517STIPULATION AND ORDER MODIFYING FOIA REQUEST: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the Parties as follows: The FBI's search obligations in this action as to the Epstein Request are solely related to the Main file, the 1A file, and Subfile FF, as described above. This modification supercedes the original Epstein Request ("Modified Epstein Request"). Plaintiffs agree to limit the scope of their request to the records located in the Main file, the 1A file, and Subfile FF and Plaintiffs forego the right to challenge a search on the grounds that the FBI's search is limited to these three specific files. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/4/2017) (cf) (Entered: 10/05/2017)
2018-12-2718STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (kv) (Entered: 01/02/2019)
2018-12-27Case Stayed. (kv) (Entered: 01/15/2019)
2020-05-0119LETTER MOTION to Compel FBI to Produce Vaughn Index addressed to Judge Paul G. Gardephe from Novack, Daniel dated 5/1/2020. Document filed by James Robertson..(Novack, Daniel) (Entered: 05/01/2020)
2020-05-0120LETTER MOTION to Stay proceedings and opposition to Plaintiff's motion to compel addressed to Judge Paul G. Gardephe from Kirti Vaidya Reddy dated May 1, 2020. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A).(Reddy, Kirti) (Entered: 05/01/2020)
2020-05-0621ORDER granting 19 Letter Motion to Compel FBI to Produce Vaughn Index; denying 20 Letter Motion to Stay proceedings and opposition to Plaintiff's motion to compel. The Government's motion for a stay is denied. The Government's deadline to produce the Vaughn index is extended to July 1, 2020. The Clerk of Court is directed to terminate Dkt. Nos. 19, 20. SO ORDERED. (Signed by Judge Paul G. Gardephe on 5/6/2020) (jca) (Entered: 05/06/2020)
2020-06-2922LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Kirti Vaidya Reddy dated June 29, 2020. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 06/29/2020)
2020-06-3023ORDER granting 22 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/30/2020) (jca) (Entered: 06/30/2020)
2020-12-0224ORDER: IT IS HEREBY ORDERED that the parties are required to submit a joint status letter to this Court by December 8, 2020. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/2/2020) (ks) (Entered: 12/02/2020)
2020-12-0825LETTER addressed to Judge Paul G. Gardephe from Kirti Reddy dated December 8, 2020 re: status. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 12/08/2020)
2020-12-1026MEMO ENDORSEMENT re: 25 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The Court will not hear seriatim summary judgment motions. The parties will file cross-motions for summary judgment on all issues they deem susceptible to summary judgment. Moving papers are due March 22, 2021; opposition papers are due April 22, 2021; replies are due May 24, 2021. (Cross Motions due by 3/22/2021., Responses due by 4/22/2021, Replies due by 5/24/2021.) (Signed by Judge Paul G. Gardephe on 12/10/2020) (nb) (Entered: 12/11/2020)
2021-03-1827LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Kirti Reddy dated March 18, 2021. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 03/18/2021)
2021-03-1928ORDER granting 27 LETTER MOTION for Extension of Time. The Application is granted. (Signed by Judge Paul G. Gardephe on 3/19/2021) (jca) (Entered: 03/19/2021)
2021-03-19Set/Reset Deadlines: Cross Motions due by 6/28/2021. Motions due by 5/6/2021. Responses due by 7/28/2021, Replies due by 8/28/2021. (jca) (Entered: 03/19/2021)
2021-05-0429LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Kirti Reddy dated May 4, 2021. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 05/04/2021)
2021-05-0530ORDER granting 29 Letter Motion for Extension of Time. The application is granted. So Ordered. ( Cross Motions due by 7/12/2021. Motions due by 5/27/2021.) (Signed by Judge Paul G. Gardephe on 5/5/21) (yv) (Entered: 05/06/2021)
2021-05-05Set/Reset Deadlines: Responses due by 8/12/2021. Replies due by 8/28/2021. (yv) (Entered: 05/06/2021)
2021-05-2631LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Kirti Reddy dated May 26, 2021. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 05/26/2021)
2021-06-0132ORDER granting 31 Letter Motion for Extension of Time. The application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/1/2021) (rro) (Entered: 06/01/2021)
2021-06-01Set/Reset Deadlines: Cross Motions due by 8/2/2021. Motions due by 6/17/2021. Responses due by 9/2/2021 Replies due by 9/16/2021. (rro) (Entered: 06/01/2021)
2021-06-1633LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from Kirti Reddy dated June 16, 2021. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 06/16/2021)
2021-06-1734ORDER granting 33 Letter Motion for Extension of Time. The application is granted. Cross Motions due by 8/12/2021. Motions due by 6/28/2021.. (Signed by Judge Paul G. Gardephe on 6/17/2021) (nb) (Entered: 06/17/2021)
2021-06-17Set/Reset Deadlines: Responses due by 9/13/2021 Replies due by 9/27/2021. (nb) (Entered: 06/17/2021)
2021-08-2535LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from AUSA Allison Rovner dated August 25, 2021. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 08/25/2021)
2021-08-2736ORDER granting 35 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/27/2021) (jca) (Entered: 08/27/2021)
2021-10-2937MOTION for Summary Judgment . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 10/29/2021)
2021-10-2938MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 10/29/2021)
2021-10-2939DECLARATION of AUSA Maurene Comey in Support re: 37 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 10/29/2021)
2021-10-2940DECLARATION of Michael G. Seidel in Support re: 37 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A-EE).(Rovner, Allison) (Entered: 10/29/2021)
2021-10-2941REPLY MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment . and in opposition to plaintiffs' cross-motion for summary judgment . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 10/29/2021)
2021-10-2942MOTION for Summary Judgment . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 10/29/2021)
2021-10-2943MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment . and in Opposition to Defendant's Cross-Motion for Summary Judgment . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 10/29/2021)
2021-10-2944REPLY MEMORANDUM OF LAW in Support re: 42 MOTION for Summary Judgment . and in Opposition to Defendant's Cross-Motion for Summary Judgment and Request for Oral Argument . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 10/29/2021)
2022-02-08Magistrate Judge Jennifer Willis is so redesignated. (sjo) (Entered: 02/08/2022)
2023-06-3045ORDER. The parties will file supplemental briefing and, if necessary, supplemental declarations addressing the above developments and their impact on the parties motions. Supplemental briefing will proceed on the following schedule: 1) Defendant's supplemental brief is due by July 11, 2023. (2) Plaintiff's supplemental brief is due by July 18, 2023. The parties' supplemental briefs are each limited to fifteen double spaced pages. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/30/23) (yv) (Entered: 07/05/2023)
2023-07-1146SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 37 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 07/11/2023)
2023-07-1147DECLARATION of AUSA Maurene Comey in Support re: 37 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 07/11/2023)
2023-07-1848SUPPLEMENTAL REPLY MEMORANDUM OF LAW in Opposition re: 37 MOTION for Summary Judgment . . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 07/18/2023)
2023-07-2049LETTER addressed to Judge Paul G. Gardephe from AUSA Allison Rovner dated July 20, 2023 re: refiling of Seidel declaration at request of Chambers. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 07/20/2023)
2023-07-2050DECLARATION of Michael G. Seidel in Support re: 37 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE).(Rovner, Allison) (Entered: 07/20/2023)
2023-09-1951MEMORANDUM OPINION & ORDER re: 37 MOTION for Summary Judgment . filed by Federal Bureau Of Investigation, 42 MOTION for Summary Judgment . filed by James Robertson, Radar Online LLC. For the reasons stated above, Defendant's motion for summary judgment is granted with respect to documents withheld pursuant to Exemption 3 (as it relates to the Child Victims' Act) and Exemptions 5, 6, 7(C), 7(D) (as to information provided by local law enforcement agencies), and 7(E), and is otherwise denied without prejudice. Plaintiffs' cross-motion for summary judgment is granted to the extent that this Court has found that the Government's declarations are inadequate to support application of certain FOIA exemptions. Plaintiffs' summary judgment is otherwise denied without prejudice. The parties shall confer and submit a joint letter by October 6, 2023, stating how they propose to proceed. The parties' letter should contain a proposed schedule for the FBI's submission of revised declarations, as well as any renewed motions for summary judgment. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 37, 42). (Signed by Judge Paul G. Gardephe on 9/19/2023) (ate) (Entered: 09/19/2023)
2023-09-2952JOINT LETTER addressed to Judge Paul G. Gardephe from AUSA Allison Rovner dated September 29, 2023 re: proposed schedule. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 09/29/2023)
2023-10-0353MEMO ENDORSEMENT: on re: 52 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The briefing schedule shall be as follows: (1) The FBI shall serve its renewed motion for summary judgment and revised declarations by December 4, 2023; (2) Plaintiffs shall serve their opposition and any renewed motion for summary judgment by January 2, 2024; (3) The FBI shall serve its reply, if any, and opposition to any renewed motion for summary judgment made by Plaintiffs, and any additional declarations by January 16, 2024; and (4) Plaintiffs shall serve their reply, if any, by January 30, 2024. Pursuant to the Court's Bundling Rule, the parties shall file all briefs and declarationsonly when the motions are fully briefed. SO ORDERED. (Signed by Judge Paul G. Gardephe on 10/03/2023) (ama) (Entered: 10/03/2023)
2023-12-0454LETTER MOTION for Extension of Time to serve renewed summary judgment papers addressed to Judge Paul G. Gardephe from AUSA Allison Rovner dated December 4, 2023. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 12/04/2023)
2023-12-0655ORDER granting 54 Letter Motion for Extension of Time. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/6/2023) (tg) (Entered: 12/07/2023)
2024-01-3056MOTION for Summary Judgment . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 01/30/2024)
2024-01-3057MEMORANDUM OF LAW in Support re: 56 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 01/30/2024)
2024-01-3058DECLARATION of Michael G. Seidel in Support re: 56 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A).(Rovner, Allison) (Entered: 01/30/2024)
2024-01-3059DECLARATION of AUSA Maurene Comey in Support re: 56 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 01/30/2024)
2024-01-3060REPLY MEMORANDUM OF LAW in Support re: 56 MOTION for Summary Judgment . and in opposition to plaintiffs' cross-motion for summary judgment . Document filed by Federal Bureau Of Investigation..(Rovner, Allison) (Entered: 01/30/2024)
2024-01-3061CROSS MOTION for Summary Judgment . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 01/30/2024)
2024-01-3062MEMORANDUM OF LAW in Support re: 61 CROSS MOTION for Summary Judgment . . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 01/30/2024)
2024-01-3063REPLY MEMORANDUM OF LAW in Support re: 61 CROSS MOTION for Summary Judgment . . Document filed by Radar Online LLC, James Robertson..(Novack, Daniel) (Entered: 01/30/2024)
2024-06-2564ORDER granting 56 Motion for Summary Judgment; denying 61 Motion for Summary Judgment. For the reasons stated above, Defendant's motion for summary judgment (Dkt. No. 56) is granted, and Plaintiffs' cross-motion for summary judgment (Dkt. No. 61) is denied. The Clerk of Court is directed to terminate the motions (Dkt. Nos. 56, 61) and to close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/25/2024) (ks) Transmission to Orders and Judgments Clerk for processing. (Entered: 06/25/2024)
2024-06-2665CLERK'S JUDGMENT re: 64 Order on Motion for Summary Judgment. in favor of Federal Bureau Of Investigation against Radar Online LLC, James Robertson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated June 25, 2024, Defendant's motion for summary judgment is granted, and Plaintiffs' cross-motion for summary judgment is denied; accordingly, the case is closed. (Signed by Acting Clerk of Court - Daniel Ortiz on 6/26/2024) (Attachments: # 1 Notice of Right to Appeal) (nd) (Entered: 06/26/2024)
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