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Case TitleAmerican Federation of Government Employees, Local 3369 v. United States Social Security Administration
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv03595
Date Filed2023-04-28
Date ClosedOpen
JudgeJudge Jennifer H. Rearden
PlaintiffAmerican Federation of Government Employees, Local 3369
Case DescriptionThe American Federation of Government Employees, Local 3369 submitted a FOIA request to the Social Security Administration for records concerning the issuance of an Executive Order during the Trump Administration related to parking spaces. The agency acknowledged receipt of the request but after hearing nothing further from the agency, AFGE, Local 3369 filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Social Security Administration
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-04-281COMPLAINT against United States Social Security Administration. (Filing Fee $ 402.00, Receipt Number BNYSDC-27674258)Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 04/28/2023)
2023-04-282CIVIL COVER SHEET filed..(Armstrong, Laine) (Entered: 04/28/2023)
2023-04-283FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to United States Social Security Administration, re: 1 Complaint. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) Modified on 5/1/2023 (vf). (Entered: 04/28/2023)
2023-05-01***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Laine Alida Armstrong. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code New York. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to Queens. (vf) (Entered: 05/01/2023)
2023-05-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer H. Rearden. 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: 05/01/2023)
2023-05-01Magistrate 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: 05/01/2023)
2023-05-01Case Designated ECF. (vf) (Entered: 05/01/2023)
2023-05-01***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Laine Alida Armstrong to RE-FILE Document No. 3 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. FOIA Summons form. 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: 05/01/2023)
2023-05-014REQUEST FOR ISSUANCE OF SUMMONS as to United States Social Security Administration, re: 1 Complaint. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 05/01/2023)
2023-05-025ELECTRONIC SUMMONS ISSUED as to United States Social Security Administration. (vf) (Entered: 05/02/2023)
2023-05-196AMENDED COMPLAINT amending 1 Complaint against United States Social Security Administration.Document filed by American Federation of Government Employees, Local 3369. Related document: 1 Complaint..(Armstrong, Laine) (Entered: 05/19/2023)
2023-08-097AFFIDAVIT OF SERVICE of Summons and Amended Complaint, Complaint. United States Social Security Administration served on 5/23/2023, answer due 6/13/2023. Service was accepted by Prashant Tamaskar, Senior Attorney. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 08/09/2023)
2023-08-118FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/14/2023 (tp). (Entered: 08/11/2023)
2023-08-119FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION re: 8 Proposed Clerk's Certificate of Default, . Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) Modified on 8/14/2023 (tp). (Entered: 08/11/2023)
2023-08-14***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Laine Armstrong. RE-FILE Document No. 8 Proposed Clerk's Certificate of Default. The filing is deficient for the following reason(s): (1) the proposed clerk's certificate of default lists the wrong filed date for the complaint; (2) the proposed clerk's certificate of default does not cite the service of the amended complaint; (3) Affidavit of Service only mentions the Summons and is on Doc. #5 which is the Electronic Summons Issued before the Amended Complaint had been Docketed. Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. (tp) (Entered: 08/14/2023)
2023-08-14***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Laine Armstrong to RE-FILE Document 9 Declaration. ERROR(S): the document is linked to a deficient docket entry. (tp) (Entered: 08/14/2023)
2023-08-1510AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Amended Complaint, Complaint served. Service was accepted by Prashant Tamaskar, Senior Attorney. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 08/15/2023)
2023-08-1511FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED CLERK'S CERTIFICATE OF DEFAULT. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). Modified on 8/16/2023 (nd). (Entered: 08/15/2023)
2023-08-1512FILING ERROR - DEFICIENT DOCKET ENTRY - DECLARATION of Laine Alida Armstrong in Support re: 11 Proposed Clerk's Certificate of Default,. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) Modified on 8/16/2023 (nd). (Entered: 08/15/2023)
2023-08-1613NOTICE OF APPEARANCE by Joseph Anthony Pantoja on behalf of United States Social Security Administration..(Pantoja, Joseph) (Entered: 08/16/2023)
2023-08-16***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED CLERK'S CERTIFICATE OF DEFAULT: Notice to Attorney Laine Armstrong. RE-FILE Document No. 11 Proposed Clerk's Certificate of Default,. The filing is deficient for the following reason(s): the proposed clerk's certificate of default does not list the filed date of the proof of service; the proposed clerk's certificate of default does not cite the service of the amended complaint; Re-file the document using the event type Proposed Clerk's Certificate of Default found under the event list Proposed Orders - select the correct filer/filers - attach the correct PDF that - lists the correct filed date of the complaint, lists the correct name(s) of the party(ies)who was/were served, lists the correct date the party(ies) was/were served, lists the correct filed date of the proof of service, cites the service of the amended complaint. *** Add Affidavit of Service filed on August 15, 2023 to the Clerk's Certificate of Default. (nd) (Entered: 08/16/2023)
2023-08-16***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney Laine Armstrong to RE-FILE Document 12 Declaration in Support,. ERROR(S): Linked to deficient docket entry. Re-file after correctly re-filing Clerk's Certificate of Default. (nd) (Entered: 08/16/2023)
2023-08-2914MOTION to Dismiss ., MOTION for Summary Judgment . Document filed by United States Social Security Administration..(Pantoja, Joseph) (Entered: 08/29/2023)
2023-08-2915MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss . MOTION for Summary Judgment . . Document filed by United States Social Security Administration. (Attachments: # 1 Appendix D.D.C. slip opinion).(Pantoja, Joseph) (Entered: 08/29/2023)
2023-08-2916DECLARATION of Michelle Christ in Support re: 14 MOTION to Dismiss . MOTION for Summary Judgment .. Document filed by United States Social Security Administration. (Attachments: # 1 Exhibit Attachment 1 (FOIA request), # 2 Exhibit Attachment 2 (4/12/2022 letter), # 3 Exhibit Attachment 3 ( 4/21/2022 letter), # 4 Exhibit Attachment 4 ( 8/3/2022 letter), # 5 Exhibit Attachment 5 (10/25/2022 letter), # 6 Exhibit Attachment 6 (4/27/2023 letter)).(Pantoja, Joseph) (Entered: 08/29/2023)
2023-09-1217LETTER MOTION for Extension of Time addressed to Judge Jennifer H. Rearden from Laine Alida Armstrong dated September 12, 2023. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 09/12/2023)
2023-09-1318ORDER: granting 17 Letter Motion for Extension of Time. Application GRANTED. Any future request for an extension of time shall comply with Rule 2.E of the Court's Individual Rules and Practices in Civil Cases. SO ORDERED. (Signed by Judge Jennifer H. Rearden on 9/13/2023) (ama) (Entered: 09/13/2023)
2023-09-13Set/Reset Deadlines: Responses due by 10/10/2023 Replies due by 11/2/2023. (ama) (Entered: 09/13/2023)
2023-10-0519LETTER MOTION for Extension of Time to File Response/Reply as to 15 Memorandum of Law in Support of Motion, 14 MOTION to Dismiss . MOTION for Summary Judgment ., 16 Declaration in Support of Motion,, addressed to Judge Jennifer H. Rearden from Laine A. Armstrong dated October 5, 2023. Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 10/05/2023)
2023-10-0620ORDER: granting 19 Letter Motion for Extension of Time to File Response/Reply re 19 LETTER MOTION for Extension of Time to File Response/Reply as to 15 Memorandum of Law in Support of Motion, 14 MOTION to Dismiss MOTION for Summary Judgment., 16 Declaration in Support of Motion. Application GRANTED. By October 24, 2023, Plaintiff shall file its opposition. By November 16, 2023, Defendant shall file its reply. SO ORDERED. Responses due by 10/24/2023 Replies due by 11/16/2023. (Signed by Judge Jennifer H. Rearden on 10/06/2023) (ama) (Entered: 10/06/2023)
2023-10-2421MEMORANDUM OF LAW in Opposition re: 14 MOTION to Dismiss . MOTION for Summary Judgment . . Document filed by American Federation of Government Employees, Local 3369..(Armstrong, Laine) (Entered: 10/24/2023)
2023-11-0922REPLY MEMORANDUM OF LAW in Support re: 14 MOTION to Dismiss . MOTION for Summary Judgment . . Document filed by United States Social Security Administration..(Pantoja, Joseph) (Entered: 11/09/2023)
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