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Case TitleHuman Rights Watch v. U.S. Central Command et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv11503
Date Filed2018-12-10
Date Closed2022-05-11
JudgeJudge Edgardo Ramos
PlaintiffHuman Rights Watch
Case DescriptionHuman Rights Watch submitted FOIA requests to U.S. Central Command and other components of the Department of Defense for records concerning alleged mistreatment of detainees held by U.S. or Afghani military forces in Afghanistan from September 2001 to the present. Human Rights Watch also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request and a number of them denied Human Rights Watch's request for expedited processing. After hearing nothing substantive from any component, Human Rights Watch filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Central Command
DefendantU.S. Department of the Air Force
DefendantU.S. Department of the Army
DefendantU.S. Department of Defense Office of the Inspector General
DefendantU.S. Marine Corps
DefendantU.S. Department of the Navy
DefendantOffice of the Secretary of Defense
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-12-101COMPLAINT against Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps. (Filing Fee $ 400.00, Receipt Number ANYSDC-16030141)Document filed by Human Rights Watch. (Attachments: # 1 Exhibit Exhibits)(Langford, John) (Entered: 12/10/2018)
2018-12-102CIVIL COVER SHEET filed. (Langford, John) (Entered: 12/10/2018)
2018-12-103FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Air Force, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/11/2018 (pne). (Entered: 12/10/2018)
2018-12-104FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Army, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/11/2018 (pne). (Entered: 12/10/2018)
2018-12-105REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Central Command, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/10/2018)
2018-12-106FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Marine Corps, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/11/2018 (pne). (Entered: 12/10/2018)
2018-12-107FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Navy, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/11/2018 (pne). (Entered: 12/10/2018)
2018-12-108FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Secretary of Defense, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/11/2018 (pne). (Entered: 12/10/2018)
2018-12-109REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Defense Office of the Inspector General, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/10/2018)
2018-12-1010FIRST RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Human Rights Watch.(Langford, John) (Entered: 12/10/2018)
2018-12-11CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Edgardo Ramos. 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: 12/11/2018)
2018-12-11Magistrate Judge Kevin Nathaniel Fox 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: 12/11/2018)
2018-12-11Case Designated ECF. (pne) (Entered: 12/11/2018)
2018-12-1111ELECTRONIC SUMMONS ISSUED as to U.S. Central Command. (pne) (Entered: 12/11/2018)
2018-12-1112ELECTRONIC SUMMONS ISSUED as to U.S. Department of Defense Office of the Inspector General. (pne) (Entered: 12/11/2018)
2018-12-11***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Langford to RE-FILE Document No. 3 Request for Issuance of Summons, 7 Request for Issuance of Summons, 8 Request for Issuance of Summons, 6 Request for Issuance of Summons, 4 Request for Issuance of Summons. The filing is deficient for the following reason(s): party name in the 'To' field on the PDF does not match party name on pleading. 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. (pne) (Entered: 12/11/2018)
2018-12-2013FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to U.S. Department of the Air Force, re: 1 Complaint. Document filed by Human Rights Watch. (Langford, John) Modified on 12/21/2018 (sj). (Entered: 12/20/2018)
2018-12-2014FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to U.S. Department of the Army, re: 1 Complaint. Document filed by Human Rights Watch. (Langford, John) Modified on 12/21/2018 (sj). (Entered: 12/20/2018)
2018-12-2015FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to U.S. Marine Corps, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/21/2018 (sj). (Entered: 12/20/2018)
2018-12-2016FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to U.S. Department of the Navy, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) Modified on 12/21/2018 (sj). (Entered: 12/20/2018)
2018-12-2017FILING ERROR - DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS PDF ERROR REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to U.S. Department of Defense Office of the Inspector General, re: 1 Complaint. Document filed by Human Rights Watch. (Langford, John) Modified on 12/21/2018 (sj). (Entered: 12/20/2018)
2018-12-2018REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Secretary of Defense, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/20/2018)
2018-12-2119ELECTRONIC SUMMONS ISSUED as to Office of the Secretary of Defense. (sj) (Entered: 12/21/2018)
2018-12-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Langford to RE-FILE Document No. 15 Request for Issuance of Amended Summons, 16 Request for Issuance of Amended Summons, 14 Request for Issuance of Amended Summons, 13 Request for Issuance of Amended Summons. The filing is deficient for the following reason(s): the wrong event type was used to file the request for issuance of summons; Amended Summonses are only issued to parties who have been previously issued one. 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. (sj) (Entered: 12/21/2018)
2018-12-21***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Langford to RE-FILE Document No. 17 Request for Issuance of Amended 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; PDF must also state "AMENDED". 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. (sj) (Entered: 12/21/2018)
2018-12-2220REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Air Force, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/22/2018)
2018-12-2221REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Army, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/22/2018)
2018-12-2222REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Marine Corps, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/22/2018)
2018-12-2223REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of the Navy, re: 1 Complaint,. Document filed by Human Rights Watch. (Langford, John) (Entered: 12/22/2018)
2018-12-2724ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Air Force. (dnh) (Entered: 12/27/2018)
2018-12-2725ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Army. (dnh) (Entered: 12/27/2018)
2018-12-2726ELECTRONIC SUMMONS ISSUED as to U.S. Marine Corps. (dnh) (Entered: 12/27/2018)
2018-12-2727ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Navy. (dnh) (Entered: 12/27/2018)
2019-01-1828CONSENT LETTER MOTION to Stay and to toll deadlines pending restoration of Justice Department appropriations addressed to Judge Edgardo Ramos from David S. Jones dated January 18, 2019. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps. (Attachments: # 1 Exhibit standing order staying certain civil actions pending restoration of Justice Department funding)(Jones, David) (Entered: 01/18/2019)
2019-01-2229ORDER granting 28 Letter Motion to Stay. In light of the lapse of funding to the United States Department of Justice, it is hereby ordered that, absent other direction or order from the Court, (1) this case is hereby stayed until the business day after the President signs into law a budget appropriation that restores Department of Justice funding; and (2) all court deadlines, including scheduling order deadlines, are hereby tolled during the government shutdown and extended thereafter for a period of time equal to the number of calendar days between January 10, 2019, and the date the President signs into law a budget appropriation that restores Department of Justice funding. SO ORDERED. (Signed by Judge Edgardo Ramos on 1/22/2019) (kv) (Entered: 01/22/2019)
2019-03-0530NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps. (Normand, Sarah) (Entered: 03/05/2019)
2019-03-0531NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps. (Dolinger, Samuel) (Entered: 03/05/2019)
2019-03-1832ANSWER to 1 Complaint,. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps.(Normand, Sarah) (Entered: 03/18/2019)
2019-03-2033FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Charles Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16533881. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Human Rights Watch. (Attachments: # 1 Affidavit in support of motion to appear Pro Hac Vice, # 2 State Bar of California Certificate of Standing, # 3 Proposed Order)(Crain, Charles) Modified on 3/21/2019 (wb). (Entered: 03/20/2019)
2019-03-21>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 33 MOTION for Charles Crain to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-16533881. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California; The Order for Pro Hac Vice is Mislabeled;. 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 Proposed Order.. (wb) (Entered: 03/21/2019)
2019-05-3034MOTION for Charles Crain to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Human Rights Watch. (Attachments: # 1 Affidavit in Support of Motion for Admission Pro Hac Vice, # 2 Certificate of Good Standing from the Clerk of the Supreme Court of California, # 3 Proposed Order for Admission Pro Hac Vice)(Crain, Charles) (Entered: 05/30/2019)
2019-05-31>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Charles Crain 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: 05/31/2019)
2019-06-0435ORDER granting 34 Motion for Charles Crain to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Edgardo Ramos)(Text Only Order) (jar) Transmission to Attorney Services/Help Desk. (Entered: 06/04/2019)
2020-11-2336NOTICE OF INITIAL COURT CONFERENCE: THIS MATTER HAS BEEN SCHEDULED FOR AN INITIAL CASE MANAGEMENT AND SCHEDULING CONFERENCE, pursuant to Fed. R. Civ. P. 16, on January 13, 2021, at 10:00 a.m. The conference will be held remotely by telephone. Counsel should call the Court at (877) 411-9748 and use access code 3029857#. Initial Conference set for 1/13/2021 at 10:00 AM before Judge Edgardo Ramos. (va) (Entered: 11/23/2020)
2021-01-1137LETTER MOTION to Adjourn Conference scheduled for January 13, 2021, sine die, and status update addressed to Judge Edgardo Ramos from Samuel Dolinger and Sarah Normand dated 1/11/2021. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 01/11/2021)
2021-01-1138ORDER granting 37 Letter Motion to Adjourn Conference. The parties' requests to both adjourn the initial pretrial conference scheduled for January 13, 2021, and to not require the parties to submit a civil case discovery plan and scheduling order are granted. The parties are directed to provide the Court with a status update regarding Defendants' productions every two months. (Signed by Judge Edgardo Ramos on 1/11/2021) (rro) (Entered: 01/11/2021)
2021-03-1139LETTER addressed to Judge Edgardo Ramos from Samuel Dolinger and Sarah Normand dated 3/11/2021 re: joint status update. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 03/11/2021)
2021-05-1140LETTER addressed to Judge Edgardo Ramos from Samuel Dolinger and Sarah Normand dated 5/11/2021 re: joint status update. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 05/11/2021)
2021-06-2841NOTICE OF APPEARANCE by Michael Linhorst on behalf of Human Rights Watch..(Linhorst, Michael) (Entered: 06/28/2021)
2021-07-1242STATUS REPORT. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Normand, Sarah) (Entered: 07/12/2021)
2021-09-1343STATUS REPORT. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 09/13/2021)
2021-11-1544STATUS REPORT. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 11/15/2021)
2022-01-1445STATUS REPORT. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 01/14/2022)
2022-02-08Magistrate Judge Jennifer Willis is so redesignated. (sjo) (Entered: 02/08/2022)
2022-03-1446STATUS REPORT. Document filed by Human Rights Watch..(Linhorst, Michael) (Entered: 03/14/2022)
2022-05-1147PROPOSED STIPULATION AND ORDER. Document filed by Office of the Secretary of Defense, U.S. Central Command, U.S. Department of Defense Office of the Inspector General, U.S. Department of the Air Force, U.S. Department of the Army, U.S. Department of the Navy, U.S. Marine Corps..(Dolinger, Samuel) (Entered: 05/11/2022)
2022-05-1148STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and betweenthe parties, through their undersigned counsel, as follows: 1. The records produced by Defendants, with redactions pursuant to 5 U.S.C. § 552(b), fully resolve and settle any and all claims Plaintiff now has or may hereafter acquire against Defendants, the United States of America (the "United States"), or any department, agency, officer, or employee of the United States, related to or arising out of Plaintiff's FOIA Requests at issue in this action. 2. Pursuant to Rule 41(a)(2) of the Federal Rules of Civil Procedure, this action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 3 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. 3. Defendants shall pay to Plaintiff the sum of $5,000 in attorney's fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E). This payment shall constitute full and final satisfaction of any and all claims by Plaintiff arising from the FOIA Requests at issue in the above-captioned action, including any claim for attorney's fees and litigation costs in this action, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for Plaintiff will provide the necessary information for Defendants to effectuate the transfer. 4. Effective upon entry of this Stipulation and Order by the Court, Plaintiff releases the United States and any department, agency, officer, or employee of the United States, including Defendants, from any claims for attorneys fees, costs, and expenses of any kind, and however denominated, relating to services performed in connection with this matter. 5. This Stipulation and Order does not constitute, and shall not be construed as, an admission by the United States or any department, agency, officer, or employee of the United States, including Defendants, that Plaintiff is either eligible for or entitled to recover attorney' fees or litigation costs in connection with this matter. This Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation. This Stipulation and Order shall not be used in any manner to establish liability for fees, amounts, or hourly rates in any other case or proceeding. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Counsel for Defendants will file this Stipulation and Order via ECF on behalf of both parties. Pursuant to Section 8.5(b) of the Electronic Case Filing Rules & Instructions of the U.S. District Court, Southern District of New York, counsel for Plaintiff consents to the electronic filing of this Stipulation and Order by counsel for Defendants. 8. This Stipulation and Order is subject to the approval of the Court. In the event that the Court declines to approve this Stipulation and Order, it shall be null and void, with no force or effect. 9. Upon entry of this Stipulation and Order by the Court, this case shall be closed, and all pending deadlines shall be canceled. SO ORDERED. (Signed by Judge Edgardo Ramos on 5/11/2022) (jca) (Entered: 05/11/2022)
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