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Case TitleWilson v. Federal Bureau Of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv10324
Date Filed2020-12-08
Date Closed2022-11-28
JudgeJudge Lewis A. Kaplan
PlaintiffJohn Wilson
Case DescriptionJohn Wilson submitted a FOIA request to the FBI for records concerning himself. The agency acknowledged receipt of the request. The agency located 21 responsive pages and disclosed 10 pages. Wilson filed an administrative appeal. The agency upheld its original decision. Wilson then filed suit.
Complaint issues: Adequacy - Search, Litigation - Vaughn index, Litigation - Attorney's fees

DefendantFederal Bureau Of Investigation
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
Opinion/Order [8]
Opinion/Order [11]
Opinion/Order [15]
Opinion/Order [16]
Opinion/Order [26]
Opinion/Order [32]
Opinion/Order [34]
Opinion/Order [49]
Opinion/Order [79]
Opinion/Order [80]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-12-081COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 402.00, Receipt Number ANYSDC-22935584)Document filed by John Wilson. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8).(Rankin, David) (Entered: 12/08/2020)
2020-12-082CIVIL COVER SHEET filed..(Rankin, David) (Entered: 12/08/2020)
2020-12-083FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to FEDERAL BUREAU OF INVESTIGATION, re: 1 Complaint,. Document filed by John Wilson..(Rankin, David) Modified on 12/9/2020 (jgo). (Entered: 12/08/2020)
2020-12-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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: 12/09/2020)
2020-12-09Magistrate Judge Stewart D. Aaron 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 . (jgo) (Entered: 12/09/2020)
2020-12-09Case Designated ECF. (jgo) (Entered: 12/09/2020)
2020-12-09***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Bruce Rankin 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; the FOIA summons form must be used. 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: 12/09/2020)
2020-12-094REQUEST FOR ISSUANCE OF SUMMONS as to FEDERAL BUREAU OF INVESTIGATION, re: 1 Complaint,. Document filed by John Wilson..(Rankin, David) (Entered: 12/09/2020)
2020-12-105ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation..(dnh) (Entered: 12/10/2020)
2020-12-106ORDER REFERRING CASE TO MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation), All such motions. Referred to Magistrate Judge Stewart D. Aaron. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 12/10/2020) (jca) (Entered: 12/10/2020)
2020-12-297SUMMONS RETURNED EXECUTED. Federal Bureau Of Investigation served on 12/29/2020, answer due 1/19/2021. Service was made by Mail. Document filed by John Wilson..(Rankin, David) (Entered: 12/29/2020)
2021-01-268ORDER: This case has been assigned to me for general pretrial management. (Order, ECF No. 6.) The parties (or, if no defendant has appeared in the case, only the plaintiff) shall appear for a Telephone Conference on Wednesday, February 3, 2021 at 2:00 p.m. to discuss the status of this case. At the scheduled time, each participant shall separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. So Ordered. (Telephone Conference set for 2/3/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/26/2021) (js) (Entered: 01/26/2021)
2021-01-279NOTICE OF APPEARANCE by Kirti Vaidya Reddy on behalf of Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 01/27/2021)
2021-01-2710LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from Kirti Reddy dated January 27, 2021., LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Stewart D. Aaron from Kirti Reddy dated January 27, 2021. Document filed by Federal Bureau Of Investigation..(Reddy, Kirti) (Entered: 01/27/2021)
2021-01-2711ORDER granting 10 Letter Motion for Extension of Time; granting 10 Letter Motion to Adjourn Conference: Request GRANTED. Defendant shall respond to Plaintiff's Complaint by March 15, 2021, and the conference scheduled for February 3, 2021 is hereby adjourned to Wednesday, March 24, 2021, at 2:00 p.m (Telephone Conference set for 3/24/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 1/27/2021) (jwh) Modified on 1/27/2021 (jwh). (Entered: 01/27/2021)
2021-01-27Set/Reset Deadlines: Federal Bureau Of Investigation answer due 3/15/2021. (jwh) (Entered: 01/27/2021)
2021-02-0212NOTICE OF APPEARANCE by Katherine Adams on behalf of John Wilson..(Adams, Katherine) (Entered: 02/02/2021)
2021-03-1513ANSWER to 1 Complaint,. Document filed by Federal Bureau Of Investigation..(Schwartz, Tara) (Entered: 03/15/2021)
2021-03-1714CONSENT LETTER MOTION to Adjourn Conference currently scheduled for March 24, 2021 addressed to Magistrate Judge Stewart D. Aaron from David B. Rankin dated March 17, 2021. Document filed by John Wilson..(Rankin, David) (Entered: 03/17/2021)
2021-03-1815ORDER granting 14 Letter Motion to Adjourn Conference. Request GRANTED. The conference presently scheduled for March 24, 2021 is hereby adjourned to Wednesday, March 31, 2021 at2:00 p.m. So Ordered. Telephone Conference set for 3/31/2021 at 02:00 PM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 3/18/2021) (js) (Entered: 03/18/2021)
2021-03-3116ORDER: Following a telephone conference with the parties today, the Court Orders as follows: On April 30, 2021, the parties shall file a joint letter regarding the status of this action. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 3/31/2021) (js) (Entered: 03/31/2021)
2021-03-31Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 3/31/2021. (kl) (Entered: 04/19/2021)
2021-04-2617JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Tara Schwartz dated April 26, 2021 re: Proposed Briefing Schedule. Document filed by Federal Bureau Of Investigation..(Schwartz, Tara) (Entered: 04/26/2021)
2021-04-2718MEMO ENDORSEMENT on re: 17 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The parties' proposed briefing schedule is approved. SO ORDERED. (Motions due by 8/30/2021., Responses due by 9/30/2021, Replies due by 10/14/2021.) (Signed by Magistrate Judge Stewart D. Aaron on 4/27/2021) (kl) (Entered: 04/27/2021)
2021-07-1419NOTICE OF APPEARANCE by Alexander James Hogan on behalf of Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 07/14/2021)
2021-08-1820LETTER MOTION for Extension of Time with respect to Defendant's summary judgment motion addressed to Magistrate Judge Stewart D. Aaron from Alexander J. Hogan dated August 18, 2021. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 08/18/2021)
2021-08-1821ORDER granting 20 Letter Motion for Extension of Time. Request GRANTED. SO ORDERED.. (Signed by Magistrate Judge Stewart D. Aaron on 8/18/2021) (kv) (Entered: 08/18/2021)
2021-08-18Set/Reset Deadlines: Motions due by 9/13/2021. Responses due by 10/14/2021 Replies due by 10/28/2021. (kv) (Entered: 08/18/2021)
2021-09-1322MOTION for Summary Judgment . Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 09/13/2021)
2021-09-1323MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 09/13/2021)
2021-09-1324DECLARATION of Michael Seidel in Support re: 22 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Ex. A, # 2 Ex. B, # 3 Ex. C, # 4 Ex. D, # 5 Ex. E, # 6 Ex. F, # 7 Ex. G, # 8 Ex. H, # 9 Ex. I, # 10 Ex. J, # 11 Ex. K, # 12 Ex. L, # 13 Ex. M, # 14 Ex. N).(Hogan, Alexander) (Entered: 09/13/2021)
2021-10-1125LETTER MOTION for Extension of Time to File Plaintiff's opposition to Defendant's summary judgment motion addressed to Magistrate Judge Stewart D. Aaron from Katherine Adams dated October 11, 2021. Document filed by John Wilson..(Adams, Katherine) (Entered: 10/11/2021)
2021-10-1226ORDER: granting 25 Letter Motion for Extension of Time to File. Requests GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/12/2021) (ama) (Entered: 10/12/2021)
2021-10-12Set/Reset Deadlines: Responses due by 11/15/2021 Replies due by 12/6/2021. (ama) (Entered: 10/12/2021)
2021-11-1527CROSS MOTION for Summary Judgment . Document filed by John Wilson..(Adams, Katherine) (Entered: 11/15/2021)
2021-11-1528AMENDED MOTION for Summary Judgment . Document filed by John Wilson..(Adams, Katherine) (Entered: 11/15/2021)
2021-11-1529MEMORANDUM OF LAW in Support re: 28 AMENDED MOTION for Summary Judgment . . Document filed by John Wilson..(Adams, Katherine) (Entered: 11/15/2021)
2021-11-1530DECLARATION of Katherine Adams in Support re: 28 AMENDED MOTION for Summary Judgment .. Document filed by John Wilson. (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 K1, # 12 Exhibit K2, # 13 Exhibit K3, # 14 Exhibit K4).(Adams, Katherine) (Entered: 11/15/2021)
2021-11-1631MOTION to Strike Document No. 27 . Document filed by John Wilson..(Adams, Katherine) (Entered: 11/16/2021)
2021-11-1732ORDER terminating 27 Motion for Summary Judgment; granting 31 Motion to Strike docket entry and document 27 CROSS MOTION for Summary Judgment , filed by John Wilson. ENDORSEMENT: Motion GRANTED. The Clerk of Court is requested to cancel the gavel at ECF No. 27. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/17/2021) (kl) (Entered: 11/17/2021)
2021-11-1833LETTER MOTION for Extension of Time to File Response/Reply addressed to Magistrate Judge Stewart D. Aaron from Alexander J. Hogan dated November 18, 2021. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 11/18/2021)
2021-11-1934ORDER withdrawing 22 Motion for Summary Judgment; withdrawing 28 Motion for Summary Judgment. Motion GRANTED. The Court hereby accepts the parties' offer to withdraw their cross-motions without prejudice; thus, the cross-motions filed at ECF Nos. 22 and 28 hereby are deemed withdrawn. The proposed briefing schedule set forth below is adopted. The parties shall file to the docket their renewed cross-motions and related briefs no later than Thursday, February 3, 2022. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/19/2021) (kl) (Entered: 11/19/2021)
2022-02-0335MOTION for Summary Judgment . Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/03/2022)
2022-02-0336MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/03/2022)
2022-02-0337DECLARATION of Michael Seidel in Support re: 35 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/03/2022)
2022-02-0338CROSS MOTION for Summary Judgment . Document filed by John Wilson..(Adams, Katherine) (Entered: 02/03/2022)
2022-02-0339MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Summary Judgment . . Document filed by John Wilson..(Adams, Katherine) (Entered: 02/03/2022)
2022-02-0340DECLARATION of Katherine Adams in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by John Wilson. (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 K1, # 12 Exhibit K2, # 13 Exhibit K3, # 14 Exhibit K4).(Adams, Katherine) (Entered: 02/03/2022)
2022-02-0341REPLY MEMORANDUM OF LAW in Support re: 35 MOTION for Summary Judgment . . Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/03/2022)
2022-02-0342DECLARATION of Michael Seidel in Support re: 35 MOTION for Summary Judgment .. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/03/2022)
2022-02-0343REPLY MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Summary Judgment . . Document filed by John Wilson..(Adams, Katherine) (Entered: 02/03/2022)
2022-02-1644REPORT AND RECOMMENDATION re: 38 CROSS MOTION for Summary Judgment filed by John Wilson, 35 MOTION for Summary Judgment filed by Federal Bureau Of Investigation: [For the reasons set forth], I respectfully recommend that Defendant's motion for summary judgment be GRANTED IN PART and DENIED IN PART and that Plaintiff's cross-motion for summary judgment be GRANTED IN PART and DENIED IN PART. Specifically, I recommend that Defendant only be compelled to conduct a search of its Delta record-keeping system for records responsive to Plaintiff's requests. Objections to R&R due by 3/2/2022 (Signed by Magistrate Judge Stewart D. Aaron on 2/16/2022) (Aaron, Stewart) (Entered: 02/16/2022)
2022-02-1745LETTER MOTION for Extension of Time as to report and recommendation addressed to Judge Lewis A. Kaplan from Alexander J. Hogan dated February 17, 2022. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/17/2022)
2022-02-1746PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 02/17/2022)
2022-02-2447ORDER granting 45 Letter Motion for Extension of Time. Granted. So Ordered. ( Objections to R&R due by 4/1/2022.) (Signed by Judge Lewis A. Kaplan on 2/24/22) (yv) (Entered: 02/24/2022)
2022-02-24Set/Reset Deadlines: Responses due by 4/15/2022 (yv) (Entered: 02/24/2022)
2022-03-3148LETTER addressed to Judge Lewis A. Kaplan from Alexander J. Hogan dated March 31, 2022 re: informing the court that the parties do not intend to submit any objection to the report and recommendation and proposing that the parties provide a status update by April 15, 2022. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 03/31/2022)
2022-04-0449MEMO ENDORSED ORDER ADOPTING REPORT AND RECOMMENDATION for 38 Motion for Summary Judgment filed by John Wilson, 35 Motion for Summary Judgment filed by Federal Bureau Of Investigation. The Court hereby adopts the Report and Recommendation as its disposition of DE 35 and 38. The Clerk shall terminate these motions. Parties shall file a status update on or before 4/15/22. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/4/2022) (mml) (Entered: 04/04/2022)
2022-04-1450LETTER addressed to Judge Lewis A. Kaplan from Alexander J. Hogan dated April 14, 2022 re: status update. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 04/14/2022)
2022-04-1851MEMO ENDORSEMENT on re: 50 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: The parties shall provide the suggested status report on or before May 18, 2022. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 4/18/2022) (vfr) (Entered: 04/18/2022)
2022-05-1852LETTER addressed to Judge Lewis A. Kaplan from Alexander J. Hogan dated status update re: status update. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 05/18/2022)
2022-05-1953MEMO ENDORSEMENT on re: 52 Letter filed by Federal Bureau Of Investigation. Granted. So Ordered., ( Motions due by 7/1/2022., Responses due by 8/12/2022, Replies due by 8/26/2022.) (Signed by Judge Lewis A. Kaplan on 5/19/22) (yv) (Entered: 05/19/2022)
2022-05-2554NOTICE of withdrawing appearance. Document filed by Federal Bureau Of Investigation..(Hogan, Alexander) (Entered: 05/25/2022)
2022-07-0155FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees . Document filed by John Wilson. (Attachments: # 1 Exhibit 1. Declaration of David B. Rankin, # 2 Exhibit 2. Declaration of Katherine "Q" Adams).(Adams, Katherine) Modified on 7/7/2022 (kj). (Entered: 07/01/2022)
2022-07-01***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Katherine Adams to RE-FILE Document 55 MOTION for Attorney Fees .. Use the event type Supporting Documents are filed separately, each receiving their own document #. (Supporting Documents are found under the Event Type - Replies, Opposition and Supporting Documents found under the event list Memorandum in Support and Declaration in Support. ***REMINDER*** MOTION FOR ATTORNEY FEES WAS NOT FILED. FIRST FILE THE MOTION, THEN LINK THE SUPPORTING DOCUMENTS TO THE MOTION.*** (kj) Modified on 7/12/2022 (kj). (Entered: 07/07/2022)
2022-07-0756FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - MOTION for Attorney Fees . Document filed by John Wilson..(Adams, Katherine) Modified on 7/12/2022 (kj). (Entered: 07/07/2022)
2022-07-0757FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of David B. Rankin in Support re: 56 MOTION for Attorney Fees .. Document filed by John Wilson..(Adams, Katherine) Modified on 7/12/2022 (kj). (Entered: 07/07/2022)
2022-07-0758FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Katherine Adams in Support re: 56 MOTION for Attorney Fees .. Document filed by John Wilson. (Attachments: # 1 Exhibit 1. Timesheets of BLH, # 2 Exhibit 2. Expert Invoices).(Adams, Katherine) Modified on 7/12/2022 (kj). (Entered: 07/07/2022)
2022-07-07***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney Katherine Adams to RE-FILE Document 56 MOTION for Attorney Fees .. Use the event type Replies, Opposition and Supporting Documents found under the event list Memorandum in Support. ***REMINDER*** MOTION FOR ATTORNEY FEES WAS NOT FILED. FIRST FILE THE MOTION, THEN LINK THE SUPPORTING DOCUMENTS TO THE MOTION.*** (kj) (Entered: 07/12/2022)
2022-07-07***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Katherine Adams to RE-FILE Document 57 Declaration in Support of Motion, 58 Declaration in Support of Motion,. ERROR(S): Supporting document(s) was linked to a deficient filing. (kj) (Entered: 07/12/2022)
2022-07-1359MOTION for Attorney Fees . Document filed by John Wilson..(Adams, Katherine) (Entered: 07/13/2022)
2022-07-1360MEMORANDUM OF LAW in Support re: 59 MOTION for Attorney Fees . . Document filed by John Wilson..(Adams, Katherine) (Entered: 07/13/2022)
2022-07-1361DECLARATION of David B. Rankin in Support re: 59 MOTION for Attorney Fees .. Document filed by John Wilson..(Adams, Katherine) (Entered: 07/13/2022)
2022-07-1362DECLARATION of Katherine "Q" Adams in Support re: 59 MOTION for Attorney Fees .. Document filed by John Wilson. (Attachments: # 1 Exhibit 1 - Timesheets of BLH, # 2 Exhibit 2 - Expert Invoices).(Adams, Katherine) (Entered: 07/13/2022)
2022-07-1563LETTER MOTION for Leave to File Notice of Motion for Attorneys' Fees Nunc Pro Tunc addressed to Magistrate Judge Stewart D. Aaron from Katherine Adams dated July 15, 2022. Document filed by John Wilson..(Adams, Katherine) (Entered: 07/15/2022)
2022-07-1564ORDER granting 63 Letter Motion for Leave to File Document. Application GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/15/2022) (kl) (Entered: 07/15/2022)
2022-08-1065PROPOSED STIPULATION AND ORDER. Document filed by Federal Bureau Of Investigation..(Schwartz, Tara) (Entered: 08/10/2022)
2022-08-1566STIPULATION AND ORDER, IT IS HEREBY STIPULATED AND AGREED, by and between counsel for the Plaintiff and Defendant, that the parties shall abide by the following briefing deadlines for the Defendants' opposition to Plaintiff's fee motion and Plaintiff's reply brief: (1)Defendant's opposition shall be filed on or before August 26, 2022. (2)Plaintiff's reply shall be filed on or before September 9, 2022. SO ORDERED. Set Deadlines/Hearing as to 59 MOTION for Attorney Fees . :( Responses due by 8/26/2022, Replies due by 9/9/2022.) (Signed by Magistrate Judge Stewart D. Aaron on 8/15/22) (yv) (Entered: 08/15/2022)
2022-08-2567MEMORANDUM OF LAW in Opposition re: 59 MOTION for Attorney Fees . . Document filed by Federal Bureau Of Investigation..(Schwartz, Tara) (Entered: 08/25/2022)
2022-08-2568DECLARATION of Tara Schwartz in Opposition re: 59 MOTION for Attorney Fees .. Document filed by Federal Bureau Of Investigation. (Attachments: # 1 Exhibit A).(Schwartz, Tara) (Entered: 08/25/2022)
2022-09-0969REPLY MEMORANDUM OF LAW in Support re: 59 MOTION for Attorney Fees . . Document filed by John Wilson..(Adams, Katherine) (Entered: 09/09/2022)
2022-09-2670ORDER: THEREFORE, it is hereby ORDERED, as follows: 1.No later than October 6, 2022, Defendant shall confirm in a letter filed to the ECF docket that the handwritten note "PD Division since 1990" was not produced to Plaintiff prior to this lawsuit being filed and, if confirmed, Defendant shall state its basis for previously withholding such information. 2.No later than October 6, 2022, Plaintiff shall file a letter to the ECF docket stating any information produced by Defendant after this lawsuit was filed that Plaintiff did not already possess prior to the filing of this lawsuit other that the handwritten note referred to in paragraph 1 above. 3.The Court shall hold oral argument by telephone on Plaintiff's pending motion for attorneys' fees and costs by telephone on October 14, 2022, at 11 a.m. At the scheduled time, each participant shall separately call (888) 278-0296 (or (214) 765-0479) and enter access code 6489745. SO ORDERED. Telephone Conference set for 10/14/2022 at 11:00 AM before Magistrate Judge Stewart D. Aaron. (Signed by Magistrate Judge Stewart D. Aaron on 9/26/2022) (kv) (Entered: 09/26/2022)
2022-10-0671LETTER addressed to Magistrate Judge Stewart D. Aaron from Tara Schwartz dated October 6, 2022 re: Response to Court Order (ECF No. 70). Document filed by Federal Bureau Of Investigation..(Schwartz, Tara) (Entered: 10/06/2022)
2022-10-0672LETTER addressed to Magistrate Judge Stewart D. Aaron from Katherine Q Adams dated October 6, 2022 re: Response to Court Order (Dkt. No. 70). Document filed by John Wilson. (Attachments: # 1 Exhibit 1 - Defendant's Pre-Complaint Production, # 2 Exhibit 2 - Defendant's Post-Complaint Production).(Adams, Katherine) (Entered: 10/06/2022)
2022-10-1473REPORT AND RECOMMENDATION re: 59 MOTION for Attorney Fees , filed by John Wilson. For the foregoing reasons, I respectfully recommend that, in the Court's discretion, Plaintiff's motion for attorneys' fees and costs be DENIED. In the event that Judge Kaplan were to find that Plaintiff is entitled to an award of fees and costs, however, I recommend that Plaintiff be awarded $7,345.00 in fees and $681.68 in costs. SO ORDERED. Objections to R&R due by 10/28/2022 (Signed by Magistrate Judge Stewart D. Aaron on 10/14/2022) (kl) (Entered: 10/14/2022)
2022-10-14Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 10/14/2022. (kl) (Entered: 10/27/2022)
2022-10-2674LETTER MOTION for Extension of Time to File Objection to Report and Recommendation (Dkt. No. 73) addressed to Magistrate Judge Stewart D. Aaron from Katherine Q Adams dated October 26, 2022. Document filed by John Wilson..(Adams, Katherine) (Entered: 10/26/2022)
2022-10-2675ORDER denying without prejudice 74 Letter Motion for Extension of Time: Plaintiff's request for an extension is DENIED WITHOUT PREJUDICE. As set forth on page 20 of my Report and Recommendation: "Any requests for an extension of time for filing objections must be addressed to Judge Kaplan." (HEREBY ORDERED by Magistrate Judge Stewart D. Aaron)(Text Only Order) (Aaron, Stewart) (Entered: 10/26/2022)
2022-10-2676LETTER MOTION for Extension of Time to File Objection to Report and Recommendation (Dkt. No. 73) addressed to Judge Lewis A. Kaplan from Katherine Q Adams dated October 26, 2022. Document filed by John Wilson..(Adams, Katherine) (Entered: 10/26/2022)
2022-10-2677PROPOSED STIPULATION AND ORDER. Document filed by John Wilson..(Adams, Katherine) (Entered: 10/26/2022)
2022-11-1178OBJECTION to 73 Report and Recommendations Document filed by John Wilson..(Adams, Katherine) (Entered: 11/11/2022)
2022-11-2879ORDER DENYING PLAINTIFF'S MOTION FOR ATTORNEYS' FEES for 59 Motion for Attorney Fees filed by John Wilson, 73 Report and Recommendations. I have considered plaintiff's objections with care. Regardless of whether the R&R is reviewed de nova or for the presence of clear error or inconsistency with the law - and I have done both-plaintiff's objections are without merit. The Pietrangelo factors were properly analyzed by the Magistrate Judge, who reached the only reasonable conclusion given the record in this case. Plaintiff's motion [Dkt 59] is denied in all respects. The Clerk shall terminate any outstanding motions, enter judgment, and close the case. SO ORDERED. (Signed by Judge Lewis A. Kaplan on 11/26/2022) (kv) Transmission to Orders and Judgments Clerk for processing. (Entered: 11/28/2022)
2022-11-2880CLERK'S JUDGMENT re: 79 Order Adopting Report and Recommendations in favor of Federal Bureau Of Investigation against John Wilson. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Order dated November 28, 2022, the Court has considered plaintiff's objections with care. Regardless of whether the R&R is reviewed de nova or for the presence of clear error or inconsistency with the law - and the Court has done both-plaintiff's objections are without merit. The Pietrangelo factors were properly analyzed by the Magistrate Judge, who reached the only reasonable conclusion given the record in this case. Plaintiff's motion is denied in all respects; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 11/28/2022) (Attachments: # 1 Right to Appeal) (km) (Entered: 11/28/2022)
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