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Case TitleOsen LLC v. United States Department of Commerce, Bureau of Industry and Security
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv06066
Date Filed2018-07-03
Date ClosedOpen
JudgeJudge Paul G. Gardephe
PlaintiffOsen LLC
Case DescriptionOsen LLC, a law firm representing servicemembers and families of servicemembers killed in Iraq and Afghanistan by Iranian-backed terrorists, submitted two FOIA requests to the Department of Commerce's Bureau of Industry and Security for records of investigations into entities alleged to have provided material support. Osen paid $2,400 in search fees. The agency told Osen that it had located 240 pages responsive to one request and 21 pages response to the other request. After hearing nothing further from the agency, Osen LLC filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Commerce, Bureau of Industry and Security
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

2018-07-031COMPLAINT against United States Department of Commerce, Bureau of Industry and Security. (Filing Fee $ 400.00, Receipt Number 0208-15283767)Document filed by Osen LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Friedman, William) (Entered: 07/03/2018)
2018-07-032CIVIL COVER SHEET filed. (Friedman, William) (Entered: 07/03/2018)
2018-07-033RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Osen LLC.(Friedman, William) (Entered: 07/03/2018)
2018-07-034REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Dept. of Commerce, Bureau of Industry and Security, re: 1 Complaint,. Document filed by Osen LLC. (Friedman, William) (Entered: 07/03/2018)
2018-07-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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 . (vf) (Entered: 07/05/2018)
2018-07-05Magistrate 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 . (vf) (Entered: 07/05/2018)
2018-07-05Case Designated ECF. (vf) (Entered: 07/05/2018)
2018-07-055NOTICE OF APPEARANCE by Michael Jacob Radine on behalf of Osen LLC. (Radine, Michael) (Entered: 07/05/2018)
2018-07-056ELECTRONIC SUMMONS ISSUED as to United States Department of Commerce, Bureau of Industry and Security. (vf) (Entered: 07/05/2018)
2018-07-067NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 11/8/2018 at 10:30 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 7/6/2018) (cf) (Entered: 07/06/2018)
2018-07-258AFFIDAVIT OF SERVICE (FOIA CASE). United States Department of Commerce, Bureau of Industry and Security served on 7/10/2018, answer due 8/9/2018. Service was accepted by Haojin Li, Legal Clerk. Document filed by Osen LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Friedman, William) (Entered: 07/25/2018)
2018-08-159LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul G. Gardephe from Monica P. Folch dated August 15, 2018. Document filed by United States Department of Commerce, Bureau of Industry and Security.(Folch, Monica) (Entered: 08/15/2018)
2018-08-1610ANSWER to 1 Complaint,. Document filed by United States Department of Commerce, Bureau of Industry and Security.(Folch, Monica) (Entered: 08/16/2018)
2018-08-2311ORDER granting 9 Letter Motion for Extension of Time to Answer re 1 Complaint,. The Application is granted. SO ORDERED. (United States Department of Commerce, Bureau of Industry and Security answer due 8/16/2018.) (Signed by Judge Paul G. Gardephe on 8/23/18) (yv) (Entered: 08/27/2018)
2018-11-0112JOINT LETTER addressed to Judge Paul G. Gardephe from William A. Friedman and Monica P. Folch dated November 1, 2018 re: the Court's Notice of Pretrial Conference dated July 6, 2018. Document filed by Osen LLC.(Friedman, William) (Entered: 11/01/2018)
2018-11-1313ORDER: Initial Conference set for 11/15/2018 at 10:30 AM in Courtroom 705 of the Thurgood Marshall United States Courthouse, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (Signed by Judge Paul G. Gardephe on 11/13/2018) (mro) (Entered: 11/13/2018)
2018-11-1414ORDER: It is hereby ORDERED that the initial pretrial conference previously scheduled for Thursday, November 15, 2018 is adjourned sine die. It is further ORDERED that the following schedule shall apply to the parties' cross-motions for summary judgment: 1. The parties' motions are due November 29, 2018; 2. Oppositions are due December 13, 2018; 3. Replies, if any, are due December 20, 2018. (Motions due by 11/29/2018., Responses due by 12/13/2018, Replies due by 12/20/2018.) (Signed by Judge Paul G. Gardephe on 11/14/2018) (cf) (Entered: 11/14/2018)
2018-11-2115LETTER MOTION for Extension of Time to file summary judgment motions addressed to Judge Paul G. Gardephe from Monica P. Folch dated November 21, 2018. Document filed by United States Department of Commerce, Bureau of Industry and Security.(Folch, Monica) (Entered: 11/21/2018)
2018-11-2616ORDER granting 15 Letter Motion for Extension of Time. The Application is granted. Cross Motions due by 1/28/2019. Motions due by 1/14/2019. (Signed by Judge Paul G. Gardephe on 11/26/2018) (mro) (Entered: 11/26/2018)
2018-11-26Set/Reset Deadlines: Responses due by 2/11/2019 Replies due by 2/18/2019. (mro) (Entered: 11/26/2018)
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by FOIA Project Staff
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