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Case TitleReclaim the Records et al v. United States Department of State
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv01529
Date Filed2023-02-23
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffReclaim the Records
PlaintiffAlec Ferretti
Case DescriptionReclaim the Records submitted a FOIA request to the Department of State for records concerning a entire copy of Consular Reports of Deaths of U.S. Citizens Abroad from 1975-2018 inclusive. The agency acknowledged receipt of the request. The agency told Reclaim the Records that it would not be able to respond within the statutory time limit. After hearing nothing further from the agency, Reclaim the Records filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of State
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [14]
Opinion/Order [23]
Opinion/Order [25]
Opinion/Order [49]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-231COMPLAINT against United States Department of State. (Filing Fee $ 402.00, Receipt Number BNYSDC-27381167)Document filed by Reclaim the Records, Alec Ferretti. (Attachments: # 1 Exhibit A - Index to Consular Reports of Death, # 2 Exhibit B - FOIA ack).(Rankin, David) (Entered: 02/23/2023)
2023-02-232CIVIL COVER SHEET filed..(Rankin, David) (Entered: 02/23/2023)
2023-02-233FILING ERROR - DEFICIENT - SUMMONS REQUEST - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by Alec Ferretti, Reclaim the Records..(Rankin, David) Modified on 2/24/2023 (vf). (Entered: 02/23/2023)
2023-02-24CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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 . .(vf) (Entered: 02/24/2023)
2023-02-24Magistrate 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 . (vf) (Entered: 02/24/2023)
2023-02-24Case Designated ECF. (vf) (Entered: 02/24/2023)
2023-02-24***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): Summons Caption Error. Plaintiff party name error on Summons Caption. 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. (vf) (Entered: 02/24/2023)
2023-02-274REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint,. Document filed by Alec Ferretti, Reclaim the Records..(Rankin, David) (Entered: 02/27/2023)
2023-02-275NOTICE OF APPEARANCE by Jeffrey F Kinkle on behalf of Alec Ferretti, Reclaim the Records..(Kinkle, Jeffrey) (Entered: 02/27/2023)
2023-02-286NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 4/28/2023 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 2/28/2023) (tg) (Entered: 02/28/2023)
2023-02-287ELECTRONIC SUMMONS ISSUED as to United States Department of State. (sj) (Entered: 02/28/2023)
2023-03-068NOTICE OF APPEARANCE by Katherine Adams on behalf of Alec Ferretti, Reclaim the Records..(Adams, Katherine) (Entered: 03/06/2023)
2023-03-169SUMMONS RETURNED EXECUTED. United States Department of State served on 3/16/2023, answer due 4/6/2023. Service was made by Mail. Document filed by Reclaim the Records; Alec Ferretti..(Rankin, David) (Entered: 03/16/2023)
2023-03-2410NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of United States Department of State..(Pantoja, Joseph) (Entered: 03/24/2023)
2023-04-1411FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from AUSA Joseph A. Pantoja dated April 14, 2023. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 04/14/2023)
2023-04-1712ORDER granting 11 Letter Motion for Extension of Time to Answer addressed to Judge Valerie E. Caproni from AUSA Joseph A. Pantoja dated April 14, 2023. Application GRANTED. SO ORDERED. 1 Complaint,. United States Department of State answer due 6/19/2023. (Signed by Judge Valerie E. Caproni on 4/17/2023) (vfr) (Entered: 04/17/2023)
2023-04-2413FIRST LETTER MOTION to Adjourn Conference addressed to Judge Valerie E. Caproni from Jeffrey Kinkle dated April 24, 2023. Document filed by Alec Ferretti, Reclaim the Records..(Kinkle, Jeffrey) (Entered: 04/24/2023)
2023-04-2414ORDER granting 13 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference scheduled for April 28, 2023, is hereby ADJOURNED to Friday, June 30, 2023 at 10:00 a.m. in Courtroom 443 of the Thurgood Marshall Courthouse, 40 Foley Square, New York, New York, 10007. The parties joint submissions in advance of the conference are due no later than June 22, 2023. SO ORDERED. Initial Conference set for 6/30/2023 at 10:00 AM in Courtroom 443, Thurgood Marshall U.S. Courthouse, 40 Foley Square, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 4/24/2023) (vfr) (Entered: 04/24/2023)
2023-06-1515SECOND LETTER MOTION for Extension of Time to File Answer and adjourn the pretrial conference, addressed to Judge Valerie E. Caproni from AUSA Joseph A. Pantoja dated June 15, 2023. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 06/15/2023)
2023-06-1616ORDER granting 15 Letter Motion for Extension of Time to Answer re 15 SECOND LETTER MOTION for Extension of Time to File Answer and adjourn the pretrial conference, addressed to Judge Valerie E. Caproni from AUSA Joseph A. Pantoja dated June 15, 2023., 1 Complaint,. Application GRANTED. The initial pretrial conference scheduled for June 30, 2023, and Defendant's deadline to respond to the complaint, are hereby ADJOURNED sine die. The parties must provide a joint status update by no later than August 17, 2023. SO ORDERED. (Signed by Judge Valerie E. Caproni on 6/16/2023) (tg) (Entered: 06/16/2023)
2023-08-1717JOINT LETTER addressed to Judge Valerie E. Caproni from AUSA Joseph A. Pantoja dated August 17, 2023 re: proposing a schedule for answering the complaint and summary judgment briefing. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 08/17/2023)
2023-08-1818MEMO ENDORSEMENT on re: 17 Letter, filed by United States Department of State ENDORSEMENT Application GRANTED. Defendant's deadline to answer the complaint is September 22, 2023. Defendant's deadline to move for summary judgment is October 23, 2023; Plaintiffs' opposition is due no later than November 24, 2023; Defendant's reply is due December 15, 2023. The parties are instructed to review the Undersigned's Individual Practices with respect to motions for summary judgment and accompanying 56.1 statements. SO ORDERED. United States Department of State answer due 9/22/2023.( Motions due by 10/23/2023., Replies due by 12/15/2023., Responses due by 11/24/2023) (Signed by Judge Valerie E. Caproni on 8/18/2023) (jca) (Entered: 08/18/2023)
2023-09-2519SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from AUSA Joseph Pantoja dated September 25, 2023. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 09/25/2023)
2023-09-2520ANSWER to 1 Complaint,. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 09/25/2023)
2023-09-2621ORDER granting 19 Letter Motion for Extension of Time to Answer re 19 SECOND LETTER MOTION for Extension of Time to File Answer addressed to Judge Valerie E. Caproni from AUSA Joseph Pantoja dated September 25, 2023., 1 Complaint,. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 9/26/2023) (tg) (Entered: 09/26/2023)
2023-10-1822FIRST LETTER MOTION for Extension of Time to File motion for summary judgment addressed to Judge Valerie E. Caproni from AUSA Joseph A. Pantoja dated October 18., 2023. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 10/18/2023)
2023-10-1823ORDER granting 22 Letter Motion for Extension of Time to File. Application GRANTED. The Government's motion for summary judgment is due no later than December 7, 2023. Plaintiff's response is due no later than January 8, 2024. The Government's reply is due no later than January 29, 2024. (Signed by Judge Valerie E. Caproni on 10/18/2023) (ate) (Entered: 10/18/2023)
2023-10-18Set/Reset Deadlines: Motions due by 12/7/2023. Responses due by 1/8/2024. Replies due by 1/29/2024. (ate) (Entered: 10/18/2023)
2023-12-0524SECOND LETTER MOTION for Extension of Time to File motion for summary judment addressed to Judge Valerie E. Caproni from Joseph Pantoja, AUSA dated December 5, 2023. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 12/05/2023)
2023-12-0525ORDER granting 24 Letter Motion for Extension of Time to File. Application GRANTED. The Government's Motion for Summary Judgment must be filed no later than January 21, 2024. Plaintiff's opposition must be filed no later than February 20, 2024, and the Government's reply is due March 5, 2024. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/5/2023) (tg) (Entered: 12/05/2023)
2023-12-05Set/Reset Deadlines: Motions due by 1/21/2024. Responses due by 2/20/2024 Replies due by 3/5/2024. (tg) (Entered: 12/05/2023)
2023-12-1526MOTION for Jeffrey F. Kinkle to Withdraw as Attorney . Document filed by Alec Ferretti, Reclaim the Records..(Kinkle, Jeffrey) (Entered: 12/15/2023)
2023-12-1827MEMO ENDORSEMENT granting 26 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Jeffrey Kinkle as counsel for Plaintiffs. SO ORDERED. Attorney Jeffrey F Kinkle terminated. (Signed by Judge Valerie E. Caproni on 12/18/2023) (tg) (Entered: 12/18/2023)
2023-12-2228MOTION for Katherine Adams to Withdraw as Attorney . Document filed by Alec Ferretti, Reclaim the Records. (Attachments: # 1 Affidavit of Katherine Adams in Support).(Adams, Katherine) (Entered: 12/22/2023)
2024-01-0229MEMO ENDORSEMENT granting 28 Motion to Withdraw as Attorney. ENDORSEMENT: Application GRANTED. The Clerk of Court is respectfully directed to terminate Katherine Adams as counsel for Plaintiffs. SO ORDERED. Attorney Katherine Adams terminated. (Signed by Judge Valerie E. Caproni on 1/2/2024) (tg) (Entered: 01/02/2024)
2024-01-2230MOTION for Summary Judgment . Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 01/22/2024)
2024-01-2231DECLARATION of Regina L. Ballard in Support re: 30 MOTION for Summary Judgment .. Document filed by United States Department of State. (Attachments: # 1 Exhibit FOIA request, # 2 Exhibit FOIA response, # 3 Exhibit SORN 2015-03-24).(Pantoja, Joseph) (Entered: 01/22/2024)
2024-01-2232MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . . Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 01/22/2024)
2024-02-0633NOTICE OF APPEARANCE by Benjamin Edward Meyers on behalf of Alec Ferretti, Reclaim the Records..(Meyers, Benjamin) (Entered: 02/06/2024)
2024-02-0834FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Benjamin Meyers dated February 8, 2024. Document filed by Alec Ferretti, Reclaim the Records..(Meyers, Benjamin) (Entered: 02/08/2024)
2024-02-0835ORDER granting 34 Letter Motion for Extension of Time to File Response/Reply re 34 FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Valerie E. Caproni from Benjamin Meyers dated February 8, 2024., 30 MOTION for Summary Judgment . Application GRANTED. Plaintiff's opposition brief must be filed no later than March 5, 2024, with Defendant's reply, if any, to be filed no later than March 26, 2024. SO ORDERED. Responses due by 3/5/2024 Replies due by 3/26/2024. (Signed by Judge Valerie E. Caproni on 2/8/2024) (tg) (Entered: 02/08/2024)
2024-03-0536CROSS MOTION for Summary Judgment . Document filed by Alec Ferretti, Reclaim the Records..(Meyers, Benjamin) (Entered: 03/05/2024)
2024-03-0537DECLARATION of David B. Rankin in Support re: 36 CROSS MOTION for Summary Judgment .. Document filed by Alec Ferretti, Reclaim the Records. (Attachments: # 1 Exhibit Ex. 1 - FOIA Request, # 2 Exhibit Ex. 2 - Def's acknowledgment letter, # 3 Exhibit Ex. 3 - Status update, # 4 Exhibit Ex. 4 - Def letter of no response, # 5 Exhibit Ex. 5 - Federal Register excerpt, # 6 Exhibit Ex. 6 - PIERS Privacy Impact Assessment).(Meyers, Benjamin) (Entered: 03/05/2024)
2024-03-0538MEMORANDUM OF LAW in Support re: 36 CROSS MOTION for Summary Judgment . and in Opposition to DOS's Summary Judgment Motion . Document filed by Alec Ferretti, Reclaim the Records..(Meyers, Benjamin) (Entered: 03/05/2024)
2024-03-2039FIRST LETTER MOTION for Extension of Time to Amend Plaintiffs' MOL and file supplemental Expert Declaration addressed to Judge Valerie E. Caproni from Benjamin Meyers dated March 20, 2024. Document filed by Alec Ferretti, Reclaim the Records..(Meyers, Benjamin) (Entered: 03/20/2024)
2024-03-2140ORDER granting 39 Letter Motion for Extension of Time to Amend 39 FIRST LETTER MOTION for Extension of Time to Amend Plaintiffs' MOL and file supplemental Expert Declaration addressed to Judge Valerie E. Caproni from Benjamin Meyers dated March 20, 2024. Application GRANTED. Plaintiff's supplemental declaration and brief, not to exceed one double-spaced page, is due April 1, 2024. Defendant's reply is due May 24, 2026. In light of the lengthy briefing schedule, the Court is highly unlikely to grant any further extension requests. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/21/24) (yv) (Entered: 03/21/2024)
2024-04-0141DECLARATION of Ron Schnell in Support re: 36 CROSS MOTION for Summary Judgment .. Document filed by Alec Ferretti, Reclaim the Records. (Attachments: # 1 Exhibit Ex 1 - CV, # 2 Exhibit Ex 2 - publications, # 3 Exhibit Ex 3 - Testifying experience).(Meyers, Benjamin) (Entered: 04/01/2024)
2024-04-0142AMENDED MEMORANDUM OF LAW in Support re: 36 CROSS MOTION for Summary Judgment . and in Opposition to DOS's Summary Judgment Motion . Document filed by Alec Ferretti, Reclaim the Records..(Meyers, Benjamin) (Entered: 04/01/2024)
2024-05-2143FIRST LETTER MOTION for Extension of Time to File Response/Reply in further support of defendant's motion for summary judgment and in opposition to Plaintiffs' cross-motion addressed to Judge Valerie E. Caproni from Joseph A. Pantoja, AUSA dated May 21, 2024. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 05/21/2024)
2024-05-2144ORDER granting 43 Letter Motion for Extension of Time to File Response/Reply re 43 FIRST LETTER MOTION for Extension of Time to File Response/Reply in further support of defendant's motion for summary judgment and in opposition to Plaintiffs' cross-motion addressed to Judge Valerie E. Caproni from Joseph A. Pant, 36 CROSS MOTION for Summary Judgment ., 30 MOTION for Summary Judgment . Application GRANTED. The Government's combined reply and opposition is due June 26, 2024, and Plaintiffs' reply is due July 3, 2024. The Court is highly unlikely to grant any further extension requests absent extraordinarily good cause. SO ORDERED. Responses due by 6/26/2024 Replies due by 7/3/2024. (Signed by Judge Valerie E. Caproni on 5/21/2024) (tg) (Entered: 05/22/2024)
2024-06-2645REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . . Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 06/26/2024)
2024-06-2646REPLY AFFIRMATION of Regina L. Ballard in Support re: 30 MOTION for Summary Judgment .. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 06/26/2024)
2024-06-2647REPLY AFFIRMATION of Sharon Westmark in Support re: 30 MOTION for Summary Judgment .. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 06/26/2024)
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