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Case TitleKhan v. United States Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv05334
Date Filed2018-06-13
Date ClosedOpen
JudgeJudge Denise L. Cote
PlaintiffAzmat Khan
Case DescriptionAzmat Khan, an investigative journalist, submitted three FOIA requests to the Department of Defense for records concerning credibility assessments and closure report records for a number of airstrike incidents that took place in Iraq and Syria. Khan also requested a fee waiver and expedited processing. The agency granted Khan's request for a fee waiver, but denied her request for expedited processing. After hearing nothing further from the agency pertaining to any of her three requests, Khan filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Department of Defense
DefendantUnited States Central Command
Documents
Docket
Complaint
Complaint attachment 1
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Complaint attachment 9
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-131FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Department of Defense, United States Central Command. (Filing Fee $ 400.00, Receipt Number 0208-15196311)Document filed by Azmat Khan. (Attachments: # 1 Exhibit A - The Uncounted, # 2 Exhibit B - Credibility Assessment & Closure Report for Sep 21 2015 Airstrikes, # 3 Exhibit C - First Request, # 4 Exhibit D - Second Request, # 5 Exhibit E - Third Request, # 6 Exhibit F - First Request Acknowledgement, # 7 Exhibit G - First Request Administrative Appeal, # 8 Exhibit H - Acknowledgment of First Administrative Appeal, # 9 Exhibit I - Second Request Acknowledgement, # 10 Exhibit J - Second Request Administrative Appeal, # 11 Exhibit K - Third Request Acknowledgement, # 12 Exhibit L - Third Request Administrative Appeal, # 13 Exhibit M - Acknowledgement of Third Administrative Appeal, # 14 Exhibit N - Denial of Third Request Administrative Appeal)(Townsend, Katielynn) Modified on 6/14/2018 (pne). (Entered: 06/13/2018)
2018-06-132CIVIL COVER SHEET filed. (Townsend, Katielynn) (Entered: 06/13/2018)
2018-06-133REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, United States Central Command, re: 1 Complaint,,,. Document filed by Azmat Khan. (Townsend, Katielynn) (Entered: 06/13/2018)
2018-06-14CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . (pne) (Entered: 06/14/2018)
2018-06-14Magistrate 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 . (pne) (Entered: 06/14/2018)
2018-06-14Case Designated ECF. (pne) (Entered: 06/14/2018)
2018-06-14***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Katielynn Boyd Townsend. The party information for the following party has been modified: Department of Defense was modified to United States Department of Defense. The information for the party has been modified for the following reason: party name contained a typographical error. (pne) (Entered: 06/14/2018)
2018-06-14***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Katielynn Boyd Townsend to RE-FILE Document No. 1 Complaint,,,,. The filing is deficient for the following reasons: party name was modified due to a typographical error; the name of one of the parties the pleading is against is incorrect on the docket entry for Document No. 1 . 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. (pne) (Entered: 06/14/2018)
2018-06-144ELECTRONIC SUMMONS ISSUED as to United States Central Command, United States Department of Defense. (pne) (Entered: 06/14/2018)
2018-06-155COMPLAINT against United States Central Command, United States Department of Defense. Document filed by Azmat Khan. (Attachments: # 1 Exhibit A - The Uncounted, # 2 Exhibit B - Credibility Assessment & Closure Report for Sep 21 2015 Airstrikes, # 3 Exhibit C - First Request, # 4 Exhibit D - Second Request, # 5 Exhibit E - Third Request, # 6 Exhibit F - First Request Acknowledgement, # 7 Exhibit G - First Request Administrative Appeal, # 8 Exhibit H - Acknowledgement of First Request Administrative Appeal, # 9 Exhibit I - Second Request Acknowledgement, # 10 Exhibit J - Second Request Administrative Appeal, # 11 Exhibit K - Third Request Acknowledgement, # 12 Exhibit L - Third Request Administrative Appeal, # 13 Exhibit M - Acknowledgement of Third Administrative Appeal, # 14 Exhibit N - Denial of Third Request Administrative Appeal)(Townsend, Katielynn) (Entered: 06/15/2018)
2018-06-186NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 9/7/2018 at 10:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 6/18/2018) (gr) (Entered: 06/18/2018)
2018-06-297AFFIDAVIT OF SERVICE (FOIA CASE). United States Central Command served on 6/20/2018, answer due 7/20/2018; United States Department of Defense served on 6/20/2018, answer due 7/20/2018. Service was made by Mail. Document filed by Azmat Khan. (Townsend, Katielynn) (Entered: 06/29/2018)
2018-07-068AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference, Hon. Judge Cote's Individual Practices in Civil Cases, and Electronic Case Filing Rules and Instructions served on United States Department of Defense, United States Central Command on 6/29/18. Service was made by Mail. Document filed by Azmat Khan. (Townsend, Katielynn) (Entered: 07/06/2018)
2018-07-109NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Central Command, United States Department of Defense. (Normand, Sarah) (Entered: 07/10/2018)
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by FOIA Project Staff