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Case TitleHachette Book Group, Inc. et al v. United States Drug Enforcement Administration et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv05730
Date Filed2022-07-06
Date ClosedOpen
JudgeJudge John G. Koeltl
PlaintiffHachette Book Group, Inc.
PlaintiffPenguin Random House LLC
PlaintiffRobert Mazur
Case DescriptionHachette Book Group submitted FOIA requests to the Drug Enforcement Administration for records concerning four bank accounts maintained on behalf of members of the Medellin cartel in Panama. The agency acknowledged receipt of the request. After hearing nothing further from the agency, Hachette Book Group filed. Hachette Book Group also submitted a FOIA request to the Department of State for records concerning Francisco Baraya, providing a third-party authorization from Baraya. The agency acknowledged receipt of that request. The agency withheld information about Baraya's visa application under Exemption 3 (other statutes). Hachette Book Group filed an administrative appeal but after hearing nothing further from the agency, Hachette Book Group filed suit against the State Department as well.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Drug Enforcement Administration
DefendantUnited States Department of State
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
Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Opinion/Order [26]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-07-061COMPLAINT against United States Department of State, United States Drug Enforcement Administration. (Filing Fee $ 402.00, Receipt Number ANYSDC-26372380)Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC. (Attachments: # 1 Exhibit A ( July 9, 2021 DEA FOIA Request), # 2 Exhibit B (July 14, 2021_DEA's Email), # 3 Exhibit C (July 4, 2022_DEA Request), # 4 Exhibit D (January 4, 2022 Email from DEA.FOIA@usdoj.gov), # 5 Exhibit E (February 18, 2022 Email), # 6 Exhibit F ( Automatic Response from Ms. Kent), # 7 Exhibit G (February 22, 2022 Email), # 8 Exhibit H (July 9, 2021 DOS FOIA Request), # 9 Exhibit I (July 23, 2021DOS FOIA - Acknowledging receipt of FOIA Request), # 10 Exhibit J (August 19, 2021 DOS Cover letter forwarding), # 11 Exhibit K (DOS 16-page document production), # 12 Exhibit L (DOS FOIA Appeal Letter and Exhibits), # 13 Exhibit M (Acknowledgement Letter), # 14 Exhibit N (June 3, 2022 Emails)).(Handman, Laura) (Entered: 07/06/2022)
2022-07-062CIVIL COVER SHEET filed..(Handman, Laura) (Entered: 07/06/2022)
2022-07-063NOTICE OF APPEARANCE by Chelsea Kelly on behalf of Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Kelly, Chelsea) (Entered: 07/06/2022)
2022-07-064NOTICE OF APPEARANCE by Laura R. Handman on behalf of Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) (Entered: 07/06/2022)
2022-07-065RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Hachette Livre USA, Inc. for Hachette Book Group, Inc.; Corporate Parent Bertelsmann SE & Co. KGaA for Penguin Random House LLC. Document filed by Hachette Book Group, Inc., Penguin Random House LLC..(Handman, Laura) (Entered: 07/06/2022)
2022-07-066REQUEST FOR ISSUANCE OF SUMMONS as to United States Drug Enforcement Administration, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) (Entered: 07/06/2022)
2022-07-067REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) (Entered: 07/06/2022)
2022-07-07***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Laura R. Handman. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to XX Out of State;. (jgo) (Entered: 07/07/2022)
2022-07-07CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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: 07/07/2022)
2022-07-07Magistrate Judge James L. Cott 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: 07/07/2022)
2022-07-07Case Designated ECF. (jgo) (Entered: 07/07/2022)
2022-07-078ELECTRONIC SUMMONS ISSUED as to United States Department of State..(jgo) (Entered: 07/07/2022)
2022-07-079ELECTRONIC SUMMONS ISSUED as to United States Drug Enforcement Administration..(jgo) (Entered: 07/07/2022)
2022-07-0810FILING ERROR - SUMMONS REQUEST As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney General, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) Modified on 7/11/2022 (jgo). (Entered: 07/08/2022)
2022-07-0811FILING ERROR - SUMMONS REQUEST As To ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office for Southern District of New York, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) Modified on 7/11/2022 (jgo). (Entered: 07/08/2022)
2022-07-11***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Laura R. Handman to RE-FILE Document No. 11 Request for Issuance of Summons, 10 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text and the PDF 'To' section is not a party of record;. 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: 07/11/2022)
2022-07-1212FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to United States Drug Enforcement Administration and United States Department of State c/o United States Attorney General United States Department of Justice, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) Modified on 7/13/2022 (jgo). (Entered: 07/12/2022)
2022-07-1213FILING ERROR - SUMMONS REQUESTED - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF SUMMONS as to United States Drug Enforcement Administration and United States Department of State c/o United States Attorney's Office for the Southern District of New York, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) Modified on 7/13/2022 (jgo). (Entered: 07/12/2022)
2022-07-13***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Laura R. Handman to RE-FILE Document No. 12 Request for Issuance of Summons, 13 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons;. Re-file the document using the event type Request for Issuance of Amended Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 07/13/2022)
2022-07-1314REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Drug Enforcement Administration and United States Department of State c/o United States Attorney General United States Department of Justice, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) (Entered: 07/13/2022)
2022-07-1315REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to United States Drug Enforcement Administration and United States Department of State c/o United States Attorney's Office for the Southern District of New York, re: 1 Complaint,,,,. Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) (Entered: 07/13/2022)
2022-07-1316ELECTRONIC AMENDED SUMMONS ISSUED as to United States Department of State, United States Drug Enforcement Administration. (vf) (Entered: 07/13/2022)
2022-07-1317ELECTRONIC AMENDED SUMMONS ISSUED as to United States Department of State, United States Drug Enforcement Administration. (vf) (Entered: 07/13/2022)
2022-07-2218NOTICE OF APPEARANCE by Dana Walsh Kumar on behalf of United States Department of State, United States Drug Enforcement Administration..(Kumar, Dana) (Entered: 07/22/2022)
2022-07-2619SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. United States Department of State served on 7/18/2022, answer due 8/17/2022; United States Drug Enforcement Administration served on 7/18/2022, answer due 8/17/2022. Service was accepted by United States Drug Enforcement Administration and United States Department of State c/o United States Attorney General. Service was made by MAIL. Document filed by Hachette Book Group, Inc.; Robert Mazur; Penguin Random House LLC..(Handman, Laura) (Entered: 07/26/2022)
2022-07-2620SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint,,,, served. United States Drug Enforcement Administration served on 7/13/2022, answer due 8/17/2022. Service was accepted by United States Drug Enforcement Administration. Service was made by MAIL. Document filed by Hachette Book Group, Inc.; Robert Mazur; Penguin Random House LLC..(Handman, Laura) (Entered: 07/26/2022)
2022-08-0521SUMMONS RETURNED EXECUTED. United States Drug Enforcement Administration served on 7/18/2022, answer due 8/17/2022. Service was made by Mail. Document filed by Hachette Book Group, Inc.; Robert Mazur; Penguin Random House LLC..(Handman, Laura) (Entered: 08/05/2022)
2022-08-0522SUMMONS RETURNED EXECUTED. United States Department of State served on 7/21/2022, answer due 8/17/2022. Service was made by Mail. Document filed by Hachette Book Group, Inc.; Robert Mazur; Penguin Random House LLC..(Handman, Laura) (Entered: 08/05/2022)
2022-08-0923CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Dana Walsh Kumar dated 08/09/2022. Document filed by United States Department of State, United States Drug Enforcement Administration..(Kumar, Dana) (Entered: 08/09/2022)
2022-08-1024ORDER granting 23 Letter Motion for Extension of Time to Answer re 23 CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Judge John G. Koeltl from Dana Walsh Kumar dated 08/09/2022.. APPLICATION GRANTED. SO ORDERED. (Signed by Judge John G. Koeltl on 8/10/2022) United States Department of State answer due 8/31/2022; United States Drug Enforcement Administration answer due 8/31/2022 (ks) (Entered: 08/10/2022)
2022-08-3125ANSWER to 1 Complaint,,,,. Document filed by United States Department of State, United States Drug Enforcement Administration..(Kumar, Dana) (Entered: 08/31/2022)
2022-09-0126ORDER: The parties are directed to submit a Rule 26(f) report by September 16, 2022. SO ORDERED. (Signed by Judge John G. Koeltl on 9/1/2022) (ks) (Entered: 09/01/2022)
2022-09-1627RULE 26(f) DISCOVERY PLAN REPORT.Document filed by Hachette Book Group, Inc., Robert Mazur, Penguin Random House LLC..(Handman, Laura) (Entered: 09/16/2022)
2022-09-1928MEMO ENDORSEMENT on re: 27 Rule 26(f) Discovery Plan Report filed by Penguin Random House LLC, Hachette Book Group, Inc., Robert Mazur. ENDORSEMENT: The parties should submit a status report by November 18, 2022. (Signed by Judge John G. Koeltl on 9/19/2022) (tro) (Entered: 09/20/2022)
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