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Case TitleE.B. v. U.S. Department Of Justice
DistrictEastern District of New York
CityBrooklyn
Case Number1:2023cv05462
Date Filed2023-07-19
Date ClosedOpen
JudgeJudge Diane Gujarati
PlaintiffE.B.
Case DescriptionE.B. submitted a FOIA request to the FBI for records concerning his wrongful arrest. The agency acknowledged receipt of the request. The FBI disclosed 80 pages of responsive records with 41 pages containing redactions. E.B. filed an administrative appeal but after E.B. was dissatisfied with the agency's response, he filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department Of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-07-191COMPLAINT against U.S. Department Of Justice filing fee $ 402, receipt number ANYEDC-16906486 Was the Disclosure Statement on Civil Cover Sheet completed -Yes,, filed by E.B.. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Proposed Summons) (Migliori, Donald) (Entered: 07/19/2023)
2023-07-19Case Assigned to Judge Diane Gujarati and Magistrate Judge Vera M. Scanlon. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (KD) (Entered: 07/19/2023)
2023-07-192In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (KD) (Entered: 07/19/2023)
2023-07-193This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (KD) (Entered: 07/19/2023)
2023-07-19Notice of Related Case: The Civil Cover Sheet filed in this civil action indicates a related case. (KD) (Entered: 07/19/2023)
2023-07-194Summons Issued as to U.S. Department Of Justice, U.S. Attorney and U.S. Attorney General (KD) (Entered: 07/19/2023)
2023-07-285SCHEDULING ORDER: An In-Person Initial Conference is scheduled for 11/29/2023 at 10:20 AM in Courtroom 13A South before Magistrate Judge Vera M. Scanlon. The parties must complete the attached Joint Proposed Case Management Plan (CMP) and file it on ECF no later than 11/14/2023. In the event that Defendant has not answered or otherwise appeared, Plaintiff must also mail a copy of this Order, its attachment and the full docket to the last known mailing address for Defendant and file proof on ECF by the CMP filing date. Ordered by Magistrate Judge Vera M. Scanlon on 7/28/2023. (MG) (Entered: 07/28/2023)
2023-08-286SUMMONS Returned Executed by E.B.. U.S. Department Of Justice served on 8/23/2023, answer due 9/13/2023. (Migliori, Donald) (Entered: 08/28/2023)
2023-09-207Consent MOTION for Extension of Time to File Answer re 1 Complaint, by U.S. Department Of Justice. (Cooper, David) (Entered: 09/20/2023)
2023-09-28ORDER granting 7 Motion for Extension of Time to Answer, on consent. Defendant's deadline to answer or otherwise respond to the complaint is extended to 9/29/2023. Ordered by Magistrate Judge Vera M. Scanlon on 9/28/2023. (GS) (Entered: 09/28/2023)
2023-09-298ANSWER to 1 Complaint, by U.S. Department Of Justice. (Cooper, David) (Entered: 09/29/2023)
2023-11-09SCHEDULING ORDER: The 11/29/2023 Initial Conference is advanced to 11/22/2023 at 12:00 PM and is converted to a telephone conference. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. The parties are reminded of the 11/14/2023 deadline to complete and file the Joint Proposed Case Management Plan at 5 . Ordered by Magistrate Judge Vera M. Scanlon on 11/9/2023. (GS) (Entered: 11/09/2023)
2023-11-14SCHEDULING ORDER: Due to a conflict in the Court's calendar, the 11/22/2023 Telephonic Initial Conference is rescheduled for 11/21/2023 at 10:30 AM. The parties are to call 877-336-1829 and dial the access code 3581283 for the AT&T conference bridge. The parties are reminded of today's deadline to file a Joint Proposed Case Management Plan (see 5 ). Ordered by Magistrate Judge Vera M. Scanlon on 11/14/2023. (GS) (Entered: 11/14/2023)
2023-11-149Joint MOTION for Extension of Time to File Joint Proposed Case Management Plan, in that the parties respectfully request permission to forgo completion of it, because this is a FOIA action in which there is no anticipated discovery by U.S. Department Of Justice. (Cooper, David) (Entered: 11/14/2023)
2023-11-1510MOTION to Appear Pro Hac Vice Mary Schiavo Filing fee $ 150, receipt number ANYEDC-17286375 by E.B.. (Attachments: # 1 Affidavit, # 2 Admission Information) (Migliori, Donald) (Entered: 11/15/2023)
2023-11-15ORDER. The joint motion at ECF No. 9 is granted. In light of parties' agreement that discovery is not needed and that the case is ripe for summary judgment motion practice, the 11/21/2023 Initial Conference and Case Management Plan filing deadline are adjourned sine die. By 11/22/2023, the parties must file a joint letter proposing a deadline for initiating summary judgment motion practice in accordance with the District Judge's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 11/15/2023. (GS) (Entered: 11/15/2023)
2023-11-15ORDER granting 10 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF, registration is available online at www.pacer.gov. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Ordered by Magistrate Judge Vera M. Scanlon on 11/15/2023. (GS) (Entered: 11/15/2023)
2023-11-1611NOTICE of Appearance by Mary Schiavo on behalf of E.B. (aty to be noticed) (Schiavo, Mary) (Entered: 11/16/2023)
2023-11-2212Letter jointly proposing a deadline for initiating summary judgment motion practice in accordance with Individual Rule III.A of the Honorable Diane Gujarati, U.S. District Judge by U.S. Department Of Justice (Cooper, David) (Entered: 11/22/2023)
2023-11-29ORDER. The joint proposed deadline at 12 is so-ordered. By 12/15/2023, the parties will initiate summary judgment motion practice in accordance with the District Judge's Individual Rules. Ordered by Magistrate Judge Vera M. Scanlon on 11/29/2023. (GS) (Entered: 11/29/2023)
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by FOIA Project Staff
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