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Case TitleOpen Society Justice Initiative v. Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv05096
Date Filed2020-07-02
Date ClosedOpen
JudgeJudge Jesse M. Furman
PlaintiffOpen Society Justice Initiative
Case DescriptionThe Open Society Initiative submitted FOIA requests to the Department of Defense and other agencies that are part of the Intelligence Community for records concerning COVID-19. The Open Society Initiative also requested a fee waiver. The agencies acknowledged receipt of the requests. The CIA issued a Glomar response neither confirming nor denying the existence of records. After hearing nothing further from any of the agencies, the Open Society Initiative filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantDefense Intelligence Agency
DefendantUnited States Indo-Pacific Command
DefendantDepartment of State
DefendantDepartment of Treasury
DefendantOffice of the Director of National Intelligence
DefendantCentral Intelligence Agency
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
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Opinion/Order [18]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-07-021COMPLAINT against Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command. (Filing Fee $ 400.00, Receipt Number ANYSDC-20529644)Document filed by Open Society Justice Initiative. (Attachments: # 1 Exhibit A - DOD FOIA Request, # 2 Exhibit B - DIA FOIA Request, # 3 Exhibit C - IndoPac FOIA Request, # 4 Exhibit D - State FOIA Request, # 5 Exhibit E - Treasury FOIA Request, # 6 Exhibit F - CIA FOIA Request, # 7 Exhibit G - ODNI FOIA Request, # 8 Exhibit H - DOD Interim Response, # 9 Exhibit I - DOD Clarification, # 10 Exhibit J - Email Attaching DIA FOIA, # 11 Exhibit K - IndoPac Interim Response, # 12 Exhibit L - State FOIA Acknowledgement, # 13 Exhibit M - Treasury FOIA Acknowledgement, # 14 Exhibit N - ODNI FOIA Acknowledgement, # 15 Exhibit O - CIA FOIA Acknowledgement, # 16 Exhibit P - CIA Final Response, # 17 Exhibit Q - CIA FOIA Appeal).(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-022CIVIL COVER SHEET filed..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-023REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-024REQUEST FOR ISSUANCE OF SUMMONS as to Defense Intelligence Agency, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-025REQUEST FOR ISSUANCE OF SUMMONS as to United States Indo-Pacific Command, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-026REQUEST FOR ISSUANCE OF SUMMONS as to Department of State, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-027REQUEST FOR ISSUANCE OF SUMMONS as to Department of Treasury, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-028REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-029REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint,,,,. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-0210RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Open Society Institute for Open Society Justice Initiative. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/02/2020)
2020-07-06CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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: 07/06/2020)
2020-07-06Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 07/06/2020)
2020-07-06Case Designated ECF. (pc) (Entered: 07/06/2020)
2020-07-0611ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence..(pc) (Entered: 07/06/2020)
2020-07-0612ELECTRONIC SUMMONS ISSUED as to Department of Treasury..(pc) (Entered: 07/06/2020)
2020-07-0613ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency..(pc) (Entered: 07/06/2020)
2020-07-0614ELECTRONIC SUMMONS ISSUED as to Defense Intelligence Agency..(pc) (Entered: 07/06/2020)
2020-07-0615ELECTRONIC SUMMONS ISSUED as to United States Indo-Pacific Command..(pc) (Entered: 07/06/2020)
2020-07-0616ELECTRONIC SUMMONS ISSUED as to Department of State..(pc) (Entered: 07/06/2020)
2020-07-0617ELECTRONIC SUMMONS ISSUED as to Department of Defense..(pc) (Entered: 07/06/2020)
2020-07-0618ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendants have not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendants and file proof of such service. (Signed by Judge Jesse M. Furman on 7/6/2020) (rro) (Entered: 07/06/2020)
2020-07-0819SUMMONS RETURNED EXECUTED (FOIA CASE). Central Intelligence Agency served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0820SUMMONS RETURNED EXECUTED (FOIA CASE). Defense Intelligence Agency served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0821SUMMONS RETURNED EXECUTED (FOIA CASE). Office of the Director of National Intelligence served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0822SUMMONS RETURNED EXECUTED (FOIA CASE). Department of Defense served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0823SUMMONS RETURNED EXECUTED (FOIA CASE). United States Indo-Pacific Command served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0824SUMMONS RETURNED EXECUTED (FOIA CASE). Department of State served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-0825SUMMONS RETURNED EXECUTED (FOIA CASE). Department of Treasury served on 7/7/2020, answer due 8/6/2020. Service was made by Certified Mail. Document filed by Open Society Justice Initiative..(Mendelsohn, Mark) (Entered: 07/08/2020)
2020-07-2026STATUS REPORT. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Folch, Monica) (Entered: 07/20/2020)
2020-07-2127MEMO ENDORSEMENT on re: 26 Status Report, filed by Department of Defense, Defense Intelligence Agency, Department of State, Office of the Director of National Intelligence, Central Intelligence Agency, United States Indo-Pacific Command, Department of Treasury. ENDORSEMENT: SO ORDERED. (Signed by Judge Jesse M. Furman on 7/21/20) (yv) (Entered: 07/21/2020)
2020-07-2128NOTICE OF APPEARANCE by Stephen Seungkun Cha-Kim on behalf of Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 07/21/2020)
2020-07-2229NOTICE OF APPEARANCE by Eric Alan Stone on behalf of Open Society Justice Initiative..(Stone, Eric) (Entered: 07/22/2020)
2020-07-2230NOTICE OF APPEARANCE by Daniel Jonah Klein on behalf of Open Society Justice Initiative..(Klein, Daniel) (Entered: 07/22/2020)
2020-07-2231NOTICE OF APPEARANCE by Amrit Singh on behalf of Open Society Justice Initiative..(Singh, Amrit) (Entered: 07/22/2020)
2020-07-2232MOTION for Joseph Morris Granzotto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20802974. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Joseph Morris Granzotto, # 2 Exhibit A-DC COGS, # 3 Exhibit B-MI COGS, # 4 Text of Proposed Order).(Granzotto, Joseph) (Entered: 07/22/2020)
2020-07-2233MOTION for Brian Shiue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20803036. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Brian Shiue, # 2 Exhibit A-DC COGS, # 3 Text of Proposed Order).(Shiue, Brian) (Entered: 07/22/2020)
2020-07-2234MOTION for Tanya Stephanie Manno to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20803102. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Tanya Stephanie Manno, # 2 Exhibit A - DC COGS, # 3 Exhibit B - CA COGS, # 4 Text of Proposed Order).(Manno, Tanya) (Entered: 07/22/2020)
2020-07-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 34 MOTION for Tanya Stephanie Manno to Appear Pro Hac Vic . Filing fee $ 200.00, receipt number ANYSDC-20803102. Motion and supporting papers to be reviewed by Clerk's Office staff. 32 MOTION for Joseph Morris Granzotto to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20802974. Motion and supporting papers to be reviewed by Clerk's Office staff. 33 MOTION for Brian Shiue to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20803036. Motion and supporting papers to be reviewed by Clerk's Office staff. The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/23/2020)
2020-07-2335ORDER granting 32 Motion for Joseph Morris Granzotto to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-07-2336ORDER granting 33 Motion for Brian Shiue to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-07-2337ORDER granting 34 Motion for Tanya Stephanie Manno to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-07-2338MOTION for Natasha Arnpriester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20817842. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Open Society Justice Initiative. (Attachments: # 1 Declaration of Natasha Arnpriester, # 2 Exhibit A - AD1 COGS, # 3 Text of Proposed Order).(Arnpriester, Natasha) (Entered: 07/23/2020)
2020-07-23>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 38 MOTION for Natasha Arnpriester to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20817842. Motion and supporting papers to be reviewed by Clerk's Office staff . The document has been reviewed and there are no deficiencies. (aea) (Entered: 07/23/2020)
2020-07-2339ORDER granting 38 Motion for Natasha Arnpriester to Appear Pro Hac Vice (HEREBY ORDERED by Judge Jesse M. Furman)(Text Only Order) (Furman, Jesse) (Entered: 07/23/2020)
2020-08-0740ANSWER to 1 Complaint,,,,. Document filed by Central Intelligence Agency, Defense Intelligence Agency, Department of Defense, Department of State, Department of Treasury, Office of the Director of National Intelligence, United States Indo-Pacific Command..(Cha-Kim, Stephen) (Entered: 08/07/2020)
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