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Case TitleReclaim the Records et al v. United States Department of State
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv01650
Date Filed2023-02-27
Date ClosedOpen
JudgeJudge John P. Cronan
PlaintiffReclaim the Records
PlaintiffAlec Ferretti
Case DescriptionReclaim the Records submitted a FOIA request to the Department of State for records concerning an extract of all information for deceased passport holders maintained in the passport database. The database starts in 1978 and runs to the present. The agency did not acknowledged the request and did not respond. Reclaim the Records then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees, Litigation - Vaughn index

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

2023-02-271COMPLAINT against United States Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-27396473)Document filed by Reclaim the Records, Alec Ferretti. (Attachments: # 1 Exhibit A - FOIA req).(Rankin, David) (Entered: 02/27/2023)
2023-02-272CIVIL COVER SHEET filed..(Rankin, David) (Entered: 02/27/2023)
2023-02-273REQUEST 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)
2023-02-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John P. Cronan. 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 . .(gp) (Entered: 02/28/2023)
2023-02-28Magistrate Judge Valerie Figueredo 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 . (gp) (Entered: 02/28/2023)
2023-02-28Case Designated ECF. (gp) (Entered: 02/28/2023)
2023-02-284ELECTRONIC SUMMONS ISSUED as to United States Department of State.(gp) (Entered: 02/28/2023)
2023-02-285NOTICE OF APPEARANCE by Jeffrey F Kinkle on behalf of Alec Ferretti, Reclaim the Records..(Kinkle, Jeffrey) (Entered: 02/28/2023)
2023-03-066NOTICE OF APPEARANCE by Katherine Adams on behalf of Alec Ferretti, Reclaim the Records..(Adams, Katherine) (Entered: 03/06/2023)
2023-03-217SUMMONS RETURNED EXECUTED. United States Department of State served on 3/21/2023, answer due 4/11/2023. Service was made by Mail. Document filed by Reclaim the Records; Alec Ferretti..(Rankin, David) (Entered: 03/21/2023)
2023-04-198NOTICE OF APPEARANCE by Rebecca Lynn Salk on behalf of United States Department of State..(Salk, Rebecca) (Entered: 04/19/2023)
2023-04-199LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Rebecca Salk dated 4/19/2023. Document filed by United States Department of State..(Salk, Rebecca) (Entered: 04/19/2023)
2023-04-2010ORDER granting 9 Letter Motion for Extension of Time to Answer re 9 LETTER MOTION for Extension of Time to File Answer addressed to Judge John P. Cronan from Rebecca Salk dated 4/19/2023. The request is granted. Defendant's deadline to respond to the Complaint is adjourned sine die. The parties shall submit a joint status letter by May 19, 2023 regarding any production schedule or briefing schedule for dispositive motions. SO ORDERED. (Signed by Judge John P. Cronan on 4/20/2023) (vfr) (Entered: 04/20/2023)
2023-05-1711JOINT LETTER MOTION for Extension of Time to Resolve FOIA Matter Without Court Intervention addressed to Judge John P. Cronan from Rebecca Salk dated 5/17/2023. Document filed by United States Department of State..(Salk, Rebecca) (Entered: 05/17/2023)
2023-05-1812ORDER granting 11 Letter Motion for Extension of Time. The request is granted. The parties' deadline to submit a status letter as to how they intend to proceed in this case is adjourned to June 19, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 5/18/2023) (jca) (Entered: 05/18/2023)
2023-06-1513JOINT LETTER MOTION for Extension of Time to Resolve Matter without Court Intervention addressed to Judge John P. Cronan from Rebecca Salk dated 6/15/2023. Document filed by United States Department of State..(Salk, Rebecca) (Entered: 06/15/2023)
2023-06-1514ORDER granting 13 Letter Motion for Extension of Time. The request is granted. The parties' deadline to submit a status letter as to how they intend to proceed in this case is adjourned to July 19, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 6/15/2023) (jca) (Entered: 06/15/2023)
2023-07-1915LETTER MOTION for Extension of Time to Provide a Status Update addressed to Judge John P. Cronan from Rebecca Salk dated 7/19/2023. Document filed by United States Department of State..(Salk, Rebecca) (Entered: 07/19/2023)
2023-07-2016ORDER: granting 15 Letter Motion for Extension of Time. The request is granted. The deadline for the parties to submit a status letter as to how they intend to proceed in this case is adjourned to August 4, 2023. The Clerk of Court is respectfully directed to close Docket Number 15. SO ORDERED. (Signed by Judge John P. Cronan on 7/20/2023) (ama) (Entered: 07/20/2023)
2023-08-0417STATUS REPORT. Document filed by United States Department of State..(Salk, Rebecca) (Entered: 08/04/2023)
2023-08-0718MEMO ENDORSEMENT: on re: 17 Status Report filed by United States Department of Stat. ENDORSEMENT: The request is granted. The Government shall file its motion for summary judgment by November 1, 2023. Plaintiffs shall file their opposition by December 13, 2023, and the Government shall file its reply, if any, by January 12, 2024. SO ORDERED., ( Motions due by 11/1/2023., Responses due by 12/13/2023, Replies due by 1/12/2024.) (Signed by Judge John P. Cronan on 8/07/2023) (ama) (Entered: 08/07/2023)
2023-10-1719LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge John P. Cronan from Rebecca Salk dated 10/17/2023. Document filed by United States Department of State..(Salk, Rebecca) (Entered: 10/17/2023)
2023-10-1820ORDER granting 19 Letter Motion for Extension of Time. The request is granted. The Government shall file its motion for summary judgment by December 18, 2023. Plaintiffs shall file their opposition by January 29, 2024. The Government may reply by February 26, 2024. SO ORDERED. Motions due by 12/18/2023.. (Signed by Judge John P. Cronan on 10/18/2023) (jca) (Entered: 10/18/2023)
2023-10-18Set/Reset Deadlines: Responses due by 1/29/2024 Replies due by 2/26/2024. (jca) (Entered: 10/18/2023)
2023-12-1121NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of United States Department of State..(Pantoja, Joseph) (Entered: 12/11/2023)
2023-12-1122SECOND LETTER MOTION for Extension of Time to File motion for summary judgment addressed to Judge John P. Cronan from Joseph A. Pantoja, AUSA dated December 11, 2023. Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 12/11/2023)
2023-12-1423ORDER granting 22 Letter Motion for Extension of Time to File The request is granted. The deadline for the Governments motion for summary judgment is extended from December 18, 2023, to February 1, 2024; the deadline for Plaintiffs opposition is extended from January 29, 2024, to March 14, 2024; and the deadline for the Governments reply is extended from February 26, 2024, to April 12, 2024. SO ORDERED.. (Signed by Judge John P. Cronan on 12/14/2023) (jca) (Entered: 12/14/2023)
2023-12-14Set/Reset Deadlines: Motions due by 2/1/2024. Responses due by 3/14/2024 Replies due by 4/12/2024. (jca) (Entered: 12/14/2023)
2023-12-1524MOTION for Jeffrey F. Kinkle to Withdraw as Attorney . Document filed by Alec Ferretti, Reclaim the Records..(Kinkle, Jeffrey) (Entered: 12/15/2023)
2023-12-2225MOTION 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)
2023-12-2926MEMO ENDORSEMENT granting 25 Motion to Withdraw as Attorney. ENDORSEMENT: The request is granted. The Clerk of Court is respectfully directed to terminate Katherine Adams as counsel in this case. SO ORDERED. Attorney Katherine Adams terminated. (Signed by Judge John P. Cronan on 12/29/2023) (tg) (Entered: 12/29/2023)
2023-12-2927MEMO ENDORSEMENT granting 24 MOTION for Jeffrey F. Kinkle to Withdraw as Attorney. ENDORSEMENT The request is granted. The Clerk of Court is respectfully directed to terminate Jeffrey Kinkle as counsel in this case. SO ORDERED. Attorney Jeffrey F Kinkle terminated. (Signed by Judge John P. Cronan on 12/29/2023) (jca) (Entered: 12/29/2023)
2024-02-0128MOTION for Summary Judgment . Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 02/01/2024)
2024-02-0129DECLARATION of Regina L. Ballard in Support re: 28 MOTION for Summary Judgment .. Document filed by United States Department of State. (Attachments: # 1 Exhibit FOIA request, # 2 Exhibit FOIA response 2024-01-30, # 3 Exhibit Memorandum of Understanding).(Pantoja, Joseph) (Entered: 02/01/2024)
2024-02-0130MEMORANDUM OF LAW in Support re: 28 MOTION for Summary Judgment . . Document filed by United States Department of State..(Pantoja, Joseph) (Entered: 02/01/2024)
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