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Case TitleBonner v. Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv09378
Date Filed2017-11-30
Date ClosedOpen
JudgeJudge Valerie E. Caproni
PlaintiffRaymond Bonner
Case DescriptionRaymond Bonner, an investigative journalist, submitted FOIA requests to the Department of Defense, the CIA, and the FBI for records pertaining to Abu Zubaydah. The agencies acknowledged receipt of Bonner's requests. The FBI initially told Bonner he would need to provide a privacy waiver from Abu Zubaydah before it would search for records, but later told Bonner it had searched its Central Records System and found no responsive records. Bonner filed an administrative appeal of that decision. After hearing nothing further from any of the agencies, Bonner filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantCentral Intelligence Agency
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
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-11-301COMPLAINT against Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-14419618)Document filed by Raymond Bonner. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Schulz, David) (Entered: 11/30/2017)
2017-11-302CIVIL COVER SHEET filed. (Schulz, David) (Entered: 11/30/2017)
2017-11-303FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) Modified on 12/1/2017 (pc). (Entered: 11/30/2017)
2017-11-304REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) (Entered: 11/30/2017)
2017-11-305REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) (Entered: 11/30/2017)
2017-11-306FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney General, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) Modified on 12/1/2017 (pc). (Entered: 11/30/2017)
2017-11-307FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Attorney's Office, Southern District of New York, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) Modified on 12/1/2017 (pc). (Entered: 11/30/2017)
2017-12-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Valerie E. Caproni. 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: 12/01/2017)
2017-12-01Magistrate 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: 12/01/2017)
2017-12-01Case Designated ECF. (pc) (Entered: 12/01/2017)
2017-12-01***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David A. Schulz to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): Party name on the summons must exactly match what is listed on the complaint caption title. 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. (pc) (Entered: 12/01/2017)
2017-12-01***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David A. Schulz to RE-FILE Document No. 6 Request for Issuance of Summons, 7 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the wrong filer/filers were selected for the request for issuance of summons; Summonses can only be issued to parties listed on the complaint caption title. 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. (pc) (Entered: 12/01/2017)
2017-12-018ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (pc) (Entered: 12/01/2017)
2017-12-019ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (pc) (Entered: 12/01/2017)
2017-12-0110REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,. Document filed by Raymond Bonner. (Schulz, David) (Entered: 12/01/2017)
2017-12-0411ELECTRONIC SUMMONS ISSUED as to Department of Defense. (pc) (Entered: 12/04/2017)
2017-12-0412NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/5/2018 at 10:00 AM in Courtroom 443, 40 Centre Street, New York, NY 10007 before Judge Valerie E. Caproni. (Signed by Judge Valerie E. Caproni on 12/4/2017) (kgo) (Entered: 12/04/2017)
2017-12-2213NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation. (Normand, Sarah) (Entered: 12/22/2017)
2017-12-2214LETTER MOTION to Adjourn Conference and Deadline for Joint Preconference Letter addressed to Judge Valerie E. Caproni from AUSA Sarah S. Normand dated December 22, 2017. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Normand, Sarah) (Entered: 12/22/2017)
2017-12-2715ORDER granting 14 Letter Motion to Adjourn Conference. The January 5, 2018 Initial Pretrial Conference is adjourned to January 26, 2018 at 10:00 a.m., Courtroom 443, Thurgood Marshall U.S. Courthouse. The deadline to submit a joint letter and proposed Case Management Plan is adjourned to January 18, 2018. SO ORDERED. (Signed by Judge Valerie E. Caproni on 12/27/2017) (rj) (Entered: 12/29/2017)
2018-01-0816NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation. (Connolly, Christopher) (Entered: 01/08/2018)
2018-01-0917SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Department of Defense served on 12/6/2017, answer due 1/5/2018. Service was accepted by Denise Shellman - Paralegal. Document filed by Raymond Bonner. (Schulz, David) (Entered: 01/09/2018)
2018-01-0918SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Service was accepted by Desiree Brown, authorized person at office of US Attorney General. Document filed by Raymond Bonner. (Schulz, David) (Entered: 01/09/2018)
2018-01-0919SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Federal Bureau Of Investigation served on 12/6/2017, answer due 1/5/2018. Service was accepted by Steven J. Parker, Assistant General Counsel. Document filed by Raymond Bonner. (Schulz, David) (Entered: 01/09/2018)
2018-01-0920SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Service was accepted by Desiree Brown, authorized agent for service at office of US Attorney General (for FBI). Document filed by Raymond Bonner. (Schulz, David) (Entered: 01/09/2018)
2018-01-0921SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Central Intelligence Agency served on 12/6/2017, answer due 1/5/2018. Service was accepted by Zack J., Esquire, authorized to accept service for CIA. Document filed by Raymond Bonner. (Schulz, David) (Entered: 01/09/2018)
2018-01-0922SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. Service was accepted by Desiree Brown, authorized agent for service at office of US Attorney General (for CIA). Document filed by Raymond Bonner. (Schulz, David) (Entered: 01/09/2018)
2018-01-1023ANSWER to 1 Complaint,. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Normand, Sarah) (Entered: 01/10/2018)
2018-01-1824LETTER addressed to Judge Valerie E. Caproni from Christopher Connolly dated January 18, 2018 re: parties' joint pre-conference letter. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 01/18/2018)
2018-01-2525LETTER addressed to Judge Valerie E. Caproni from AUSA Christopher Connolly dated January 25, 2018 re: parties' joint proposed schedule. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 01/25/2018)
2018-01-2526LETTER addressed to Judge Valerie E. Caproni from AUSA Christopher Connolly dated January 25, 2018 re: potential recusal issue under the personal-knowledge provision of 28 U.S.C. § 455(b)(1). Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 01/25/2018)
2018-01-26Minute Entry for proceedings held before Judge Valerie E. Caproni: Initial Pretrial Conference held on 1/26/2018. Order to follow. (Court Reporter Pamel Utter) (Brantley, Michael) (Entered: 01/26/2018)
2018-01-2627ORDER: IT IS HEREBY ORDERED that the parties must submit a joint letter regarding the status of this case by March 16, 2018. If any party wishes to move for recusal of this Court, it should do so as soon as possible. (Signed by Judge Valerie E. Caproni on 1/26/2018) (ap) (Entered: 01/26/2018)
2018-02-0228NOTICE OF CHANGE OF ADDRESS by David A. Schulz on behalf of Raymond Bonner. New Address: Ballard Spahr LLP, 1675 Broadway, 19th Floor, New York, NY, US 10019-5820, 212-850-6103. (Schulz, David) (Entered: 02/02/2018)
2018-02-1329TRANSCRIPT of Proceedings re: CONFERENCE held on 1/26/2018 before Judge Valerie E. Caproni. Court Reporter/Transcriber: Pamela Utter, (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 3/6/2018. Redacted Transcript Deadline set for 3/16/2018. Release of Transcript Restriction set for 5/14/2018.(McGuirk, Kelly) (Entered: 02/13/2018)
2018-02-1330NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/26/18 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: 02/13/2018)
2018-02-1431FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Hannah Bloch-Wehba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14701723. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Raymond Bonner. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Exhibit B - Certificate of Good Standing, # 3 Affidavit in support of application for admission Pro Hac Vice, # 4 Text of Proposed Order)(Bloch-Wehba, Hannah) Modified on 2/14/2018 (jc). (Entered: 02/14/2018)
2018-02-14>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 31 MOTION for Hannah Bloch-Wehba to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number 0208-14701723. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): Attorney Affidavit is missing some of the language required by Local Rule 1.3, i.e. whether the applicant has ever been convicted of a felony AND whether the applicant has ever been censured, suspended, disbarred or denied admission or readmission by any court. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Attorney Affidavit - attach Proposed Order. (jc) (Entered: 02/14/2018)
2018-02-1932MOTION for Hannah Bloch-Wehba to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Raymond Bonner. (Attachments: # 1 Affidavit of Hannah Bloch-Wehba in Support of Motion to Appear Pro Hac Vice, # 2 Exhibit Certificate of Good Standing for State Bar of Texas, # 3 Exhibit Certificate of Good Standing for D.C. Bar, # 4 Text of Proposed Order)(Bloch-Wehba, Hannah) (Entered: 02/19/2018)
2018-02-20>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 32 MOTION for Hannah Bloch-Wehba to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (wb) (Entered: 02/20/2018)
2018-02-2633ORDER FOR ADMISSION PRO HAC VICE granting 32 Motion for Hannah Bloch-Wehba to Appear Pro Hac Vice. (Signed by Judge Valerie E. Caproni on 2/26/2018) (mro) (Entered: 02/26/2018)
2018-03-1634LETTER addressed to Judge Valerie E. Caproni from AUSA Christopher Connolly dated March 16, 2018 re: parties' joint status update. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 03/16/2018)
2018-03-1935MEMO ENDORSEMENT on re: 34 Letter, filed by Federal Bureau Of Investigation, Department of Defense, Central Intelligence Agency. ENDORSEMENT: The Court approves Defendants' revised production schedule. The parties must submit joint status updates on the first day of each month (or on the Monday following the first day, if the first day falls on a weekend) until all productions are completed. SO ORDERED. (Signed by Judge Valerie E. Caproni on 3/19/2018) (mt) (Entered: 03/20/2018)
2018-04-0236STATUS REPORT. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 04/02/2018)
2018-05-0137STATUS REPORT. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 05/01/2018)
2018-06-0138LETTER addressed to Judge Valerie E. Caproni from AUSA Sarah S. Normand dated June 1, 2018 re: Joint Status Report. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Normand, Sarah) (Entered: 06/01/2018)
2018-07-0239STATUS REPORT. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 07/02/2018)
2018-08-0240STATUS REPORT. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 08/02/2018)
2018-08-2941LETTER MOTION for Extension of Time addressed to Judge Valerie E. Caproni from AUSA Christopher Connolly dated August 29, 2018. Document filed by Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 08/29/2018)
2018-08-2942ORDER: granting 41 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Valerie E. Caproni on 8/29/2018) (ama) (Entered: 08/30/2018)
2018-08-3143STATUS REPORT. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 08/31/2018)
2018-10-0144STATUS REPORT. Document filed by Central Intelligence Agency, Department of Defense, Federal Bureau Of Investigation.(Connolly, Christopher) (Entered: 10/01/2018)
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