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Case TitleOsen LLC v. United States Central Command
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv04457
Date Filed2017-06-13
Date ClosedOpen
JudgeJudge Katherine Polk Failla
PlaintiffOsen LLC
Case DescriptionOsen LLC, a law firm representing hundreds of service members and family members who were killed or wounded by Iranian-backed terrorists, submitted FOIA requests to U.S. Central Command for a list of attacks against coalition forces in Iraq that identify Explosively Formed Penetrators. The agency provided six documents that responded to parts of its requests, but not all of them. After several inquiries concerning the requests were unsatisfactory, Osen finally filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Central Command
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

2017-06-131COMPLAINT against United States Central Command. (Filing Fee $ 400.00, Receipt Number 0208-13779643)Document filed by Osen LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Radine, Michael) (Entered: 06/13/2017)
2017-06-132REQUEST FOR ISSUANCE OF SUMMONS as to United States Central Command, re: 1 Complaint,. Document filed by Osen LLC. (Radine, Michael) (Entered: 06/13/2017)
2017-06-133RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Osen LLC.(Radine, Michael) (Entered: 06/13/2017)
2017-06-134CIVIL COVER SHEET filed. (Radine, Michael) (Entered: 06/13/2017)
2017-06-14CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 06/14/2017)
2017-06-14Magistrate Judge Debra C. Freeman 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: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 06/14/2017)
2017-06-14Case Designated ECF. (pc) (Entered: 06/14/2017)
2017-06-145ELECTRONIC SUMMONS ISSUED as to United States Central Command. (pc) (Entered: 06/14/2017)
2017-06-146NOTICE OF APPEARANCE by William Adam Friedman on behalf of Osen LLC. (Friedman, William) (Entered: 06/14/2017)
2017-06-147NOTICE OF CHANGE OF ADDRESS by William Adam Friedman on behalf of Osen LLC. New Address: Osen LLC, 2 University Plaza, Suite 402, Hackensack, NJ, USA 07601, 201-265-6400. (Friedman, William) (Entered: 06/14/2017)
2017-06-148NOTICE OF CHANGE OF ADDRESS by Michael Jacob Radine on behalf of Osen LLC. New Address: Osen LLC, 2 University Plaza, Suite 402, Hackensack, NJ, USA 07601, 201-265-6400. (Radine, Michael) (Entered: 06/14/2017)
2017-06-169NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 9/20/2017 at 03:00 PM in Courtroom 618, U.S. Courthouse, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla, and as further set forth in this Order. (Signed by Judge Katherine Polk Failla on 6/16/2017) (rjm) (Entered: 06/16/2017)
2017-06-2310NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of United States Central Command. (Krause, Andrew) (Entered: 06/23/2017)
2017-06-2311AFFIDAVIT OF SERVICE of Individual Rules and June 16, 2017 Order (ECF No. 9) served on United States Central Command on June 23, 2017. Document filed by Osen LLC. (Friedman, William) (Entered: 06/23/2017)
2017-07-2112ANSWER to 1 Complaint,. Document filed by United States Central Command.(Krause, Andrew) (Entered: 07/21/2017)
2017-09-1213LETTER MOTION for Extension of Time to File pre-conference letter and proposed case management plan addressed to Judge Katherine Polk Failla from Andrew E. Krause dated September 12, 2017., LETTER MOTION to Adjourn Conference scheduled for September 20, 2017 addressed to Judge Katherine Polk Failla from Andrew E. Krause dated September 12, 2017. Document filed by United States Central Command.(Krause, Andrew) (Entered: 09/12/2017)
2017-09-1214ORDER granting 13 Letter Motion for Extension of Time to File; granting 13 Letter Motion to Adjourn Conference. Application GRANTED. The initial pretrial conference previously scheduled for September 20, 2017, at 3:00 p.m., is ADJOURNED until October 13, 2017, at 2:00 p.m. The parties' deadline to submit a joint letter ahead of the initial pretrial conference is ADJOURNED until October 5, 2017. And consistent with Defendants' above request, the parties may submit a joint letter that sets forth a case management schedule (instead of filing a joint letter and a Civil Case Management Plain and Scheduling Order). (Initial Conference set for 10/13/2017 at 02:00 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/12/2017) (ras) (Entered: 09/12/2017)
2017-09-1915LETTER addressed to Judge Katherine Polk Failla from Michael J. Radine dated September 19, 2017 re: Request for Adjournment. Document filed by Osen LLC.(Radine, Michael) (Entered: 09/19/2017)
2017-09-2016MEMO ENDORSED on re: 15 Letter filed by Osen LLC. ENDORSEMENT: Application GRANTED. However, the Court will not be able to reschedule the conference for any of the dates the parties have offered. The parties are ORDERED to provide the Court with additional potential dates on or before September 22, 2017. So Ordered (Signed by Judge Katherine Polk Failla on 9/19/2017) (js) (Entered: 09/20/2017)
2017-09-2017LETTER addressed to Judge Katherine Polk Failla from Michael J. Radine dated September 20, 2017 re: proposed dates for pretrial conference. Document filed by Osen LLC.(Radine, Michael) (Entered: 09/20/2017)
2017-09-2018MEMO ENDORSEMENT on re: 17 Letter filed by Osen LLC. ENDORSEMENT: The initial pretrial conference is rescheduled for November 9, 2017, at 4:30 p.m. (Initial Conference set for 11/9/2017 at 04:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 9/20/2017) (ras) (Entered: 09/20/2017)
2017-10-0219LETTER MOTION for Extension of Time to File joint pre-conference letter addressed to Judge Katherine Polk Failla from Andrew E. Krause dated October 2, 2017. Document filed by United States Central Command.(Krause, Andrew) (Entered: 10/02/2017)
2017-10-0220ORDER: granting 19 Letter Motion for Extension of Time to File Proposed Civil Case Management Plan and Scheduling Order. Rule 3.B of this Court's Individual Rules of Practice in Civil Cases provides, in relevant part: "[T]he parties are required to submit via e-mail a joint letter and Proposed Civil Case Management Plan and Scheduling Order in PDF format by Thursday of the week prior to the initial pretrial conference." Thus, the parties' deadline to submit a joint letter and a proposed Civil Case Management Plan and Scheduling Order is November 2, 2017. (Signed by Judge Katherine Polk Failla on 10/2/2017) (ap) (Entered: 10/02/2017)
2017-11-0221JOINT LETTER addressed to Judge Katherine Polk Failla from Michael J. Radine and Andrew E. Krause dated November 2, 2017 re: Joint Pretrial Case Management Letter. Document filed by Osen LLC. (Attachments: # 1 Exhibit A)(Radine, Michael) (Entered: 11/02/2017)
2017-11-09Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 11/9/2017. (Court Reporter Kelly Surina) (Lopez, Jose) (Entered: 11/13/2017)
2017-11-0922MEMO ENDORSED on re: 21 Letter filed by Osen LLC. ENDORSEMENT: The Court is in receipt of the Parties' joint letter and endorses the proposed schedule contained therein. It is hereby ORDERED that:(i) Defendant complete its next production of responsive documents on or before November 22, 2017; (ii) Defendant produce an additional set of responsive documents on or before December 22, 2017; (iii) the Parties meet and confer to identify any remaining issues in dispute on or before January10, 2018; and (iv) the Parties submit a status report to the Court identifying any remaining issues on or before January 17, 2018, which report shall include a proposed schedule for any further discovery and any motions or other briefing, as necessary. ( Responses due by 12/22/2017, Status Report due by 1/17/2018.) (Signed by Judge Katherine Polk Failla on 11/9/2017) (js) (Entered: 11/13/2017)
2017-12-1223TRANSCRIPT of Proceedings re: conference held on 11/9/2017 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kelly Surina, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/2/2018. Redacted Transcript Deadline set for 1/12/2018. Release of Transcript Restriction set for 3/12/2018.(McGuirk, Kelly) (Entered: 12/12/2017)
2017-12-1224NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 11/9/17 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 12/12/2017)
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by FOIA Project Staff