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Case TitleInternational Refugee Assistance Project, Inc. v. Defense Contract Management Agency et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv00306
Date Filed2020-01-13
Date Closed2022-07-06
JudgeJudge Alvin K. Hellerstein
PlaintiffInternational Refugee Assistance Project, Inc.
Case DescriptionThe International Refugee Assistance Project submitted a FOIA request to the Defense Contract Management Agency for records concerning contracts between the U.S. government and any company that employed or subcontracted with any entity that employed Afghan citizens eligible for special immigrant visas. The agency acknowledged receipt of the request but after hearing nothing further from the agency, IRAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDefense Contract Management Agency
DefendantU.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Opinion/Order [20]
Opinion/Order [26]
Opinion/Order [29]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-01-131COMPLAINT against Defense Contract Management Agency, U.S. Department of Defense. (Filing Fee $ 400.00, Receipt Number ANYSDC-18490509)Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Browning, John) (Entered: 01/13/2020)
2020-01-132REQUEST FOR ISSUANCE OF SUMMONS as to Defense Contract Management Agency; U.S. Department of Defense, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc.. (Browning, John) (Entered: 01/13/2020)
2020-01-133CIVIL COVER SHEET filed. (Browning, John) (Entered: 01/13/2020)
2020-01-134RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc..(Browning, John) (Entered: 01/13/2020)
2020-01-14CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alvin K. Hellerstein. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . (pc) (Entered: 01/14/2020)
2020-01-14Magistrate Judge Sarah L. Cave 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 01/14/2020)
2020-01-14Case Designated ECF. (pc) (Entered: 01/14/2020)
2020-01-145ELECTRONIC SUMMONS ISSUED as to Defense Contract Management Agency, U.S. Department of Defense. (pc) (Entered: 01/14/2020)
2020-02-046FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc...(Browning, John) Modified on 2/5/2020 (dnh). (Entered: 02/04/2020)
2020-02-047AFFIDAVIT OF SERVICE. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 02/04/2020)
2020-02-048AFFIDAVIT OF SERVICE. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 02/04/2020)
2020-02-049AFFIDAVIT OF SERVICE. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 02/04/2020)
2020-02-0410AFFIDAVIT OF SERVICE. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 02/04/2020)
2020-02-05***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Moses Browning to RE-FILE Document No. 6 Request for Issuance of Summons. The filing is deficient for the following reason(s): 'As To' Error; Summonses may only be issued to official parties of record. 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. (dnh) (Entered: 02/05/2020)
2020-02-1811CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint, addressed to Judge Alvin K. Hellerstein from Dominika Tarczynska dated February 18, 2020. Document filed by Defense Contract Management Agency, U.S. Department of Defense..(Tarczynska, Dominika) (Entered: 02/18/2020)
2020-02-1812AFFIDAVIT OF SERVICE. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 02/18/2020)
2020-02-1913ORDER granting 11 Letter Motion for Extension of Time to Answer re 1 Complaint,. So Ordered. (Defense Contract Management Agency answer due 3/23/2020; U.S. Department of Defense answer due 3/23/2020.) (Signed by Judge Alvin K. Hellerstein on 2/19/20) (yv) (Entered: 02/19/2020)
2020-03-2314ANSWER to 1 Complaint,. Document filed by Defense Contract Management Agency, U.S. Department of Defense..(Tarczynska, Dominika) (Entered: 03/23/2020)
2021-02-0815NOTICE OF APPEARANCE by Nimra Azmi on behalf of International Refugee Assistance Project, Inc...(Azmi, Nimra) (Entered: 02/08/2021)
2021-03-3016MOTION for Thomas R. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24325428. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Declaration in Support, # 2 (Proposed) Order).(Burke, Thomas) (Entered: 03/30/2021)
2021-03-30>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Thomas R. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-24325428. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (vba) (Entered: 03/30/2021)
2021-03-3117ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 16 Motion for Thomas R. Burke to Appear Pro Hac Vice. The motion of Thomas R. Burke ("Applicant") for admission to practice pro hac vice in the above-captioned matter is granted. IT IS HEREBY ORDERED that Applicant is admitted Pro Hac Vice in the above-captioned case in the United States District Court for the Southern District of New York. All attorneys appearing before this Court are subject to the Local Rules of this Court, including the Rules governing discipline of attorneys. (Signed by Judge Alvin K. Hellerstein on 3/31/21) (yv) (Entered: 03/31/2021)
2021-06-2518LETTER MOTION for Conference Re: Case Management Conference, addressed to Judge Alvin K. Hellerstein from John M. Browning dated June 25, 2021. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 06/25/2021)
2021-06-2819SCHEDULING ORDER: The parties are hereby ordered to appear for a telephonic status conference on July 9, 2021, at 10 a.m., which will be held via the following call-in number: Call-in number: 888-363-4749 Access code: 7518680 To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. (As further set forth in this Order.) Telephone Conference set for 7/9/2021 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/28/2021) (cf) (Entered: 06/28/2021)
2021-07-09Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Initial Pretrial Conference held on 7/9/2021, ( Motions due by 7/16/2021., Responses due by 7/30/2021, Oral Argument set for 8/4/2021 at 11:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 07/09/2021)
2021-07-1220ORDER REGULATING PROCEEDINGS, On July 9, 2021, I held a telephonic status conference in the above-captioned matter. As discussed at the conference, Defendants shall produce all remaining documents by August 13, 2021. Plaintiffs shall move for joinder of additional parties by July 16, 2021. Oppositions shall be filed by July 30, 2021, and oral argument will be held on August 4, 2021, at 10:30 a.m. SO ORDERED. ( Motions due by 7/16/2021., Responses due by 7/30/2021, Oral Argument set for 8/4/2021 at 10:30 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 7/12/21) (yv) (Entered: 07/12/2021)
2021-07-1621LETTER MOTION for Extension of Time to Amend in order to join additional parties Re: 07/12/2021 20 ORDER REGULATING PROCEEDINGS, addressed to Judge Alvin K. Hellerstein from John M. Browning dated July 16, 2021. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 07/16/2021)
2021-07-2022ORDER granting in part and denying in part 21 Letter Motion for Extension of Time to Amend 21 LETTER MOTION for Extension of Time to Amend in order to join additional parties Re: 07/12/2021 20 ORDER REGULATING PROCEEDINGS, addressed to Judge Alvin K. Hellerstein from John M. Browning dated July 16, 2021., 1 Complaint. The time within which plaintiff may amend, or add or drop parties, without moving for leave of court, is enlarged until September 17, 2021; after that, a motion will be required. So Ordered., ( Amended Pleadings due by 9/17/2021.) (Signed by Judge Alvin K. Hellerstein on 7/20/21) (yv) (Entered: 07/20/2021)
2022-03-1023SCHEDULING ORDER: The parties are hereby ordered to appear for a telephonic status conference on March 25, 2022, at 10 a.m., to chart further progress in the case. The conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. To ensure that the call proceeds smoothly and to avoid disruption, the Court directs those calling in (other than counsel) to mute their telephones. Additionally, all participants are directed to call in 5 minutes prior to the start of the conference. Finally, no later than March 23, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 3/25/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 3/10/22) (yv) Modified on 3/16/2022 (yv). (Entered: 03/16/2022)
2022-03-25Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 3/25/2022, ( Status Conference set for 5/20/2022 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 03/25/2022)
2022-03-2524SCHEDULING ORDER granting 18 Motion for Conference re: 18 LETTER MOTION for Conference Re: Case Management Conference, addressed to Judge Alvin K. Hellerstein from John M. Browning dated June 25, 2021. A status conference was held. The parties have resolved all disputes except for the attorneys' fees owing to Plaintiff. I ordered the parties to submit a proposed stipulation of a protective order, pursuant to which Plaintiff will submit to Defendant an unredacted schedule of fees, by March 29, 2022. The parties will appear for a status conference on May 20, 2022, at 10 a.m. Additionally, the Clerk shall terminate ECF No. 18. SO ORDERED.. (Signed by Judge Alvin K. Hellerstein on 3/25/2022) Status Conference set for 5/20/2022 at 10:00 AM before Judge Alvin K. Hellerstein. (ks) (Entered: 03/25/2022)
2022-03-2925PROPOSED PROTECTIVE ORDER. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 03/29/2022)
2022-03-3026STIPULATION AND PROTECTIVE ORDER...regarding procedures to be followed that shall govern the handling of confidential material...SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 3/30/22) (yv) (Entered: 03/30/2022)
2022-05-1727SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on May 20, 2022 at 10:00 a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than May 18, 2022, at 4:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. SO ORDERED. ( Telephone Conference set for 5/20/2022 at 10:00 AM before Judge Alvin K. Hellerstein.) (Signed by Judge Alvin K. Hellerstein on 5/17/22) (yv) (Entered: 05/17/2022)
2022-05-20Minute Entry for proceedings held before Judge Alvin K. Hellerstein: Status Conference held on 5/20/2022, ( Status Conference set for 7/8/2022 at 10:00 AM in Courtroom 14D, 500 Pearl Street, New York, NY 10007 before Judge Alvin K. Hellerstein.). (Jones, Brigitte) (Entered: 05/20/2022)
2022-06-2928SCHEDULING ORDER: The parties are hereby ordered to appear for a status conference on July 8, 2022 at 10:00 a.m., which conference will be held via the following call-in number: Call-in number: 888-363-4749, Access code: 7518680. Finally, no later than July 6, 2022, at 12:00 p.m., the parties shall jointly submit to the court (via the email address HellersteinNYSDChambers@nysd.uscourts.gov) a list of all counsel expected to appear on the record, along with their contact information. Telephone Conference set for 7/8/2022 at 10:00 AM before Judge Alvin K. Hellerstein. (Signed by Judge Alvin K. Hellerstein on 6/29/2022) (ate) (Entered: 06/29/2022)
2022-07-0629ORDER... This case is dismissed. If the settlement is not consummated within 30 days of this order, or an authorized enlarged date, either party may apply by letter for restoration of the action within 10 days after the close of said period. All pending court dates are cancelled. The Clerk is directed to close the case. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 7/6/21) (yv) (Entered: 07/06/2022)
2022-08-0230PROPOSED STIPULATION AND ORDER. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 08/02/2022)
2022-08-0231STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties as follows: 1. The documents produced by DCMA are sufficient to fully resolve all claims IRAP now has or may hereafter acquire against DCMA, DOD or the United States of America ("United States"), or any department, agency, officer, or employee of DCMA, DOD and/or the United States, for the release of records in response to IRAP's FOIA Request at issue in this action. 2. As soon as reasonably practicable after the Court has endorsed and docketed this Stipulation and Order, DCMA shall pay to IRAP's undersigned counsel the sum of forty-two thousand five hundred dollars ($42,500) for attorneys' fees and litigation costs. This payment shall constitute full and final satisfaction of any claims by IRAP for attorneys' fees and litigation costs in this matter, and is inclusive of any interest. Payment shall be made by electronic funds transfer, and counsel for IRAP will provide the necessary information to counsel for DCMA to effectuate the transfer. 3. IRAP releases and discharges DCMA, DOD, the United States and its agencies, departments, officers, employees, servants, and agents from any and all claims and causes of action that IRAP asserted, or could have asserted, in this litigation arising out of IRAP's FOIA Request. 4. This action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 2 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. 5. Nothing in this Stipulation and Order shall constitute an admission that DCMA, DOD or the United States are liable for any attorneys' fees or litigation costs, or that IRAP "substantially prevailed" in this action under 5 U.S.C. § 552(a)(4)(E), or is entitled to or eligible for any attorneys' fees or litigation costs. 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 concerning IRAP's claims for attorneys' fees and litigation costs. This Stipulation and Order is non-precedential with respect to any other proceeding involving either of the parties, including, but not limited to, any other FOIA action or administrative proceeding, and shall have no effect or bearing on any pending or future request for records made by IRAP under FOIA. 6. This Stipulation and Order contains the entire agreement between the parties, and no statement, representation, promise, or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect. 7. Any obligation of the Government to expend funds under this Stipulation is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. 8. This Stipulation and Order may be executed in counterparts. Facsimile or pdf signatures shall constitute originals. SO ORDERED. (Signed by Judge Alvin K. Hellerstein on 8/2/2022) (ks) (Entered: 08/02/2022)
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