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Case TitleCBS Broadcasting Inc. v. U.S. Department of Justice et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv07003
Date Filed2023-08-09
Date ClosedOpen
JudgeJudge Sidney H. Stein
PlaintiffCBS Broadcasting Inc.
Case DescriptionCBS Broadcasting submitted seven FOIA requests to the Bureau of Prisons for records concerning records on deceased FBI agent Robert Hansen, who was convicted of espionage, while he was in prison. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, CBS filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Justice
DefendantFederal Bureau of Prisons
DefendantFederal Bureau of Investigation
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
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
Opinion/Order [22]
Opinion/Order [26]
Opinion/Order [28]
Opinion/Order [29]
Opinion/Order [32]
Opinion/Order [35]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-08-091FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR COMPLAINT against CBS Broadcasting Inc.. (Filing Fee $ 402.00, Receipt Number ANYSDC-28122975)Document filed by CBS Broadcasting Inc.. (Attachments: # 1 Exhibit A (the June 7 DOJ Request), # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D (the June 15 DOJ Request), # 5 Exhibit E (the June 6 FBI Request), # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I (the Second June 6 FBI Request), # 10 Exhibit J, # 11 Exhibit K (the June 9 BOP Request), # 12 Exhibit L, # 13 Exhibit M (the June 7 BOP Request), # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R (the June 22 BOP Request), # 19 Exhibit S).(Schafer, Matthew) Modified on 8/10/2023 (jgo). (Entered: 08/09/2023)
2023-08-092CIVIL COVER SHEET filed..(Schafer, Matthew) (Entered: 08/09/2023)
2023-08-093RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Paramount Global, Other Affiliate Berkshire Hathaway Inc., Other Affiliate National Amusements, Inc. for CBS Broadcasting Inc.. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 08/09/2023)
2023-08-094FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DEPARTMENT OF JUSTICE, re: 1 Complaint,,. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) Modified on 8/10/2023 (jgo). (Entered: 08/09/2023)
2023-08-095FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to FEDERAL BUREAU OF PRISONS, re: 1 Complaint,,. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) Modified on 8/10/2023 (jgo). (Entered: 08/09/2023)
2023-08-096FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to FEDERAL BUREAU OF INVESTIGATION, re: 1 Complaint,,. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) Modified on 8/10/2023 (jgo). (Entered: 08/09/2023)
2023-08-10***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Matthew Lynn Schafer to RE-FILE Document No. 1 Complaint. The filing is deficient for the following reason(s): the wrong party/parties whom the pleading is against were selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 08/10/2023)
2023-08-10***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Matthew Lynn Schafer. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (jgo) (Entered: 08/10/2023)
2023-08-10CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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: 08/10/2023)
2023-08-10Magistrate 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: 08/10/2023)
2023-08-10Case Designated ECF. (jgo) (Entered: 08/10/2023)
2023-08-10***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Matthew Lynn Schafer to RE-FILE Document No. 4 Request for Issuance of Summons, 6 Request for Issuance of Summons, 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; all of the party names must be listed on the PDF case caption. If all of the party names do not fit, include 'et al'; party name whom summons is for must be listed on the PDF 'To' section. 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: 08/10/2023)
2023-08-107COMPLAINT against Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice. Document filed by CBS Broadcasting Inc.. (Attachments: # 1 Exhibit A - June 7 DOJ Request, # 2 Exhibit B - June 16 DOJ Letter, # 3 Exhibit C - June 23 DOJ Letter, # 4 Exhibit D - June 15 DOJ Request, # 5 Exhibit E - June 6 FBI Request, # 6 Exhibit F - June 23 FBI Letter, # 7 Exhibit G - June 26 FBI Letter, # 8 Exhibit H - July 18 FBI Letter, # 9 Exhibit I - Second June 6 FBI Request, # 10 Exhibit J - Second June 26 FBI Letter, # 11 Exhibit K - June 9 BOP Request, # 12 Exhibit L - June 12 BOP Letter, # 13 Exhibit M - June 7 BOP Request, # 14 Exhibit N - June 13 BOP Letter, # 15 Exhibit O - June 28 CBS Appeal, # 16 Exhibit P - June 28 DOJ Letter, # 17 Exhibit Q - July 7 DOJ Letter, # 18 Exhibit R - June 22 BOP Request, # 19 Exhibit S - July 6 BOP Letter).(Schafer, Matthew) (Entered: 08/10/2023)
2023-08-108REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 7 Complaint,,,. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 08/10/2023)
2023-08-109REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Prisons, re: 7 Complaint,,,. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 08/10/2023)
2023-08-1010REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 7 Complaint,,,. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 08/10/2023)
2023-08-1111ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation..(jgo) (Entered: 08/11/2023)
2023-08-1112ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Prisons..(jgo) (Entered: 08/11/2023)
2023-08-1113ELECTRONIC SUMMONS ISSUED as to U.S. Department of Justice..(jgo) (Entered: 08/11/2023)
2023-08-2114ORDER SCHEDULING INITIAL PRETRIAL CONFERENCE: This case has been assigned to this Court for all purposes. Counsel for all parties are required to register promptly as filing users in accordance with the SDNY Electronic Case Filing Rules & Instructions. Counsel are directed to appear in Courtroom 23A on October 26, 2023, at 10:30 a.m. for an initial pretrial conference pursuant to Fed. R. Civ. P. 16. At that time, counsel for all parties must appear prepared to discuss the progress of the case and the scheduling of discovery proceedings, any dispositive motions, the feasibility of settlement or alternative dispute resolution, the dates for future conferences, and the submission of a joint pretrial order. Plaintiff's counsel is directed to send a copy of this Order to defendants' counsel. Attorneys are directed to consult the Electronic Case Filing Rules & Instructions and Judge Stein's Individual Rules with respect to procedures for matters assigned to him. SO ORDERED. Initial Conference set for 10/26/2023 at 10:30 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 8/21/2023) (tg) (Entered: 08/21/2023)
2023-08-2215AFFIDAVIT OF SERVICE (FOIA CASE). Federal Bureau of Investigation served on 8/14/2023, answer due 9/13/2023; Federal Bureau of Prisons served on 8/14/2023, answer due 9/13/2023; U.S. Department of Justice served on 8/14/2023, answer due 9/13/2023. Service was made by Mail. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 08/22/2023)
2023-09-1116NOTICE OF APPEARANCE by Carly Iris Weinreb on behalf of Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 09/11/2023)
2023-09-1117NOTICE OF APPEARANCE by Mark Osmond on behalf of Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Osmond, Mark) (Entered: 09/11/2023)
2023-09-1218CONSENT LETTER MOTION for Extension of Time to File Answer re: 7 Complaint,,, addressed to Judge Sidney H. Stein from the Government Defendants dated 9/12/2023. Document filed by Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 09/12/2023)
2023-09-1319ORDER granting 18 Letter Motion for Extension of Time to Answer re 18 CONSENT LETTER MOTION for Extension of Time to File Answer re: 7 Complaint, addressed to Judge Sidney H. Stein from the Government Defendants dated 9/12/2023. The date for defendants to file their answer is extended to October 13, 2023. The initial pretrial conference remains at October 26, 2023, at 10:30 a.m. SO ORDERED. Federal Bureau of Investigation answer due 10/13/2023; Federal Bureau of Prisons answer due 10/13/2023; U.S. Department of Justice answer due 10/13/2023. (Signed by Judge Sidney H. Stein on 9/13/2023) (jca) (Entered: 09/13/2023)
2023-10-1120CONSENT LETTER MOTION for Extension of Time to respond to complaint addressed to Judge Sidney H. Stein from the Government Defendants dated 10/11/2023. Document filed by Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 10/11/2023)
2023-10-1221ORDER granting 20 Letter Motion for Extension of Time. The request for an extension of time to respond to the complaint until November 30 is granted. SO ORDERED. (Signed by Judge Sidney H. Stein on 10/12/2023) (jca) (Entered: 10/12/2023)
2023-10-12Set/Reset Deadlines: Federal Bureau of Investigation answer due 11/30/2023; Federal Bureau of Prisons answer due 11/30/2023; U.S. Department of Justice answer due 11/30/2023. (jca) (Entered: 10/12/2023)
2023-10-26Minute Entry for proceedings held before Judge Sidney H. Stein: Initial Pretrial Conference held on 10/26/2023. Counsel for all parties were present. (lab) (Entered: 10/26/2023)
2023-10-2622ORDER A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that: 1. The last day for defendants to answer or move in response to the complaint is adjourned sine die; 2. The parties shall file a joint status report on December 11, 2023, and every 45 days thereafter, on January 25, 2024, and March 11, 2024; and 3. There will be a status conference on March 21, 2024, at 2:30 p.m. SO ORDERED. (Status Conference set for 3/21/2024 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 10/26/2023) (jca) (Entered: 10/26/2023)
2023-12-1123JOINT LETTER addressed to Judge Sidney H. Stein from Matthew L. Schafer dated December 11, 2023 re: Status Report pursuant to the Courts October 26, 2023, Order (Dkt. No. 22). Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 12/11/2023)
2024-01-2524JOINT LETTER addressed to Judge Sidney H. Stein from Matthew L. Schafer dated January 25, 2024 re: Status Report pursuant to the Courts October 26, 2023, Order (Dkt. No. 22) and Competing Proposals regarding the Same. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 01/25/2024)
2024-01-2625ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Sidney H. Stein on 1/26/2024) (jca) (Entered: 01/26/2024)
2024-01-30NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Gabriel W. Gorenstein to handle matters that may be referred in this case. Please note that this is a reassignment of the designation only. (tro) (Entered: 01/30/2024)
2024-01-30NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Gabriel W. Gorenstein, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge James L. Cott no longer referred to the case. (tro) (Entered: 01/30/2024)
2024-01-3126ORDER: A pre-trial conference in this matter to discuss the parties' recent status letter (Docket # 24) is scheduled for February 6, 2024 at 11:15 a.m. in Courtroom 519, United States Courthouse, 40 Centre Street, New York, New York, 10007. This conference is the only matter scheduled for this date and time. The parties must plan to arrive early so as to ensure that the conference begins on time. Upon receipt of this order each party is directed to ensure that all other parties on the case are aware of the conference date and time. In accordance with paragraph 1. F of this Court's Individual Practices (available at: https://nysd.uscourts.gov/hon-gabriel-w-gorenstein), any requests for an adjournment must be made in writing as soon as the need to adjourn is known. Prior to making such a request, the party should contact Chambers at (212) 805-4260 to determine an alternative date for which the Court is available for a rescheduled conference. The written application for an adjournment must include a statement as to all other parties' positions on the change in conference date and must propose an alternative date, as provided by Chambers, to which all parties are agreeable. SO ORDERED. ( Pretrial Conference set for 2/6/2024 at 11:15 AM in Courtroom 519, 40 Centre Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/31/2024) (tg) (Entered: 01/31/2024)
2024-01-3127CONSENT LETTER MOTION to Adjourn Conference Scheduled for February 6, 2024 at 11:15 a.m to February 13, 2024 at 2 p.m. addressed to Magistrate Judge Gabriel W. Gorenstein from Matthew L. Schafer dated January 31, 2024. Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 01/31/2024)
2024-02-0128ORDER: granting 27 Letter Motion to Adjourn Conference. Conference adjourned to February 13, 2024, at 3:30 p.m. in Courtroom 519. Please note change of time from what was requested in this letter. SO ORDERED. Pretrial Conference set for 2/13/2024 at 03:30 PM in Courtroom 519, 40 Centre Street, New York, NY 10007 before Magistrate Judge Gabriel W. Gorenstein. (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/01/2024) (ama) (Entered: 02/01/2024)
2024-02-1229ORDER: The conference scheduled for Courtroom 519 for February 13, 2024, at 3:30 p.m. is changed to a telephone conference. At the above date and time, the parties shall dial 646-453-4442 and use access code: 702 148 003#. The Court will record the proceeding for purposes of transcription in the event a transcript is ordered. However, any other recording or dissemination of the proceeding in any form is forbidden. When addressing the Court, counsel must not use a speakerphone. As further set forth in the Order. ( Telephone Conference set for 2/13/2024 at 03:30 PM before Magistrate Judge Gabriel W. Gorenstein.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 2/12/2024) (cf) (Entered: 02/12/2024)
2024-02-13Minute Entry for proceedings held before Magistrate Judge Gabriel W. Gorenstein: Status Conference held on 2/13/2024. (cf) (Entered: 02/13/2024)
2024-03-1130JOINT LETTER addressed to Judge Sidney H. Stein from Matthew L. Schafer dated March 11, 2024 re: Status Report pursuant to the Court's October 26, 2023, Order (Dkt. No. 22). Document filed by CBS Broadcasting Inc...(Schafer, Matthew) (Entered: 03/11/2024)
2024-03-1231JOINT LETTER MOTION to Adjourn Conference Request to adjourn March 21, 2024, status conference addressed to Judge Sidney H. Stein from defendants U.S. Department of Justice, Federal Bureau of Prisons, and Federal Bureau of Investigation dated 3/12/2024. Document filed by Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 03/12/2024)
2024-03-1232ORDER granting 31 Letter Motion to Adjourn Conference. The conference is adjourned to May 14, 2024, at 4:00 p.m. SO ORDERED. Status Conference set for 5/14/2024 at 04:00 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 3/12/2024) (jca) (Entered: 03/12/2024)
2024-04-2533JOINT LETTER addressed to Judge Sidney H. Stein from Defendants dated 4/25/2024 re: Status report. Document filed by Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 04/25/2024)
2024-05-1334LETTER MOTION to Adjourn Conference from 5/14/24 to July 2024 addressed to Judge Sidney H. Stein from Government Defendants dated 5/13/2024. Document filed by Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 05/13/2024)
2024-05-1335ORDER granting 34 Letter Motion to Adjourn Conference. The conference is adjourned sine die. This matter is being handled for general pretrial purposes by Mag. Judge Gorenstein. SO ORDERED. (Signed by Judge Sidney H. Stein on 5/13/2024) (tg) (Entered: 05/14/2024)
2024-06-1036JOINT LETTER addressed to Judge Sidney H. Stein from Defendants dated 6/10/2024 re: status report. Document filed by Federal Bureau of Investigation, Federal Bureau of Prisons, U.S. Department of Justice..(Weinreb, Carly) (Entered: 06/10/2024)
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