Skip to content

Case Detail

[Subscribe to updates]
Case TitleGoodman v. Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv08349
Date Filed2020-10-07
Date ClosedOpen
JudgeJudge Lewis J. Liman
PlaintiffRyan Goodman as Co-Editor-in-Chief of Just Security
Case DescriptionRyan Goodman, a former special counsel to the general counsel of the Department of Defense and founding co-editor of the online publication Just Security, submitted two FOIA requests to the Department of Defense. The first request asked for the number of troops currently stationed in the Middle East and Afghanistan, which previously had been available from the Defense Manpower Data Center. His second FOIA request asked for records explaining why those numbers had been redacted under the Trump administration. Goodman also requested expedited processing. The agency told Goodman that his requests qualified for the unusual circumstances exception. The agency also denied his request for expedited processing. After hearing nothing further from the agency concerning either of his requests, Goodman filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantDepartment of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [12]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-10-071COMPLAINT against Department of Defense. (Filing Fee $ 400.00, Receipt Number ANYSDC-22019107)Document filed by Ryan Goodman. (Attachments: # 1 Exhibit DMDC Report Excerpts, # 2 Exhibit FOIA Request Troop Numbers, # 3 Exhibit FOIA Request Documents, # 4 Exhibit DoD Response to FOIA Requests).(Schulz, David) (Entered: 10/07/2020)
2020-10-072CIVIL COVER SHEET filed..(Schulz, David) (Entered: 10/07/2020)
2020-10-073REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint,. Document filed by Ryan Goodman..(Schulz, David) (Entered: 10/07/2020)
2020-10-08***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David A. Schulz. The party information for the following party/parties has been modified: Ryan Goodman. The information for the party/parties has been modified for the following reason/reasons: party text was omitted;. (jgo) (Entered: 10/08/2020)
2020-10-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis J. Liman. 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 . .(jgo) (Entered: 10/08/2020)
2020-10-08Magistrate Judge Gabriel W. Gorenstein 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 . (jgo) (Entered: 10/08/2020)
2020-10-08Case Designated ECF. (jgo) (Entered: 10/08/2020)
2020-10-084ELECTRONIC SUMMONS ISSUED as to Department of Defense..(jgo) (Entered: 10/08/2020)
2020-10-225AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint, served. Department of Defense served on 10/20/2020, answer due 11/19/2020. Service was made by MAIL. Document filed by Ryan Goodman..(Schulz, David) (Entered: 10/22/2020)
2020-10-266NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/4/2020 at 04:00 PM before Judge Lewis J. Liman. Parties are directed to dial into the Court's teleconference number at 888-251-2909, Access Code 2123101, and follow the necessary prompts, and as further set forth in this order. (Signed by Judge Lewis J. Liman on 10/26/2020) (jwh) (Entered: 10/26/2020)
2020-10-277NOTICE OF APPEARANCE by Ilan Stein on behalf of Department of Defense..(Stein, Ilan) (Entered: 10/27/2020)
2020-10-298LETTER addressed to Judge Lewis J. Liman from Ilan Stein dated 10/29/2020 re: Proposed Case Management Plan and Scheduling Order. Document filed by Department of Defense..(Stein, Ilan) (Entered: 10/29/2020)
2020-11-02ORDER: The Initial Pretrial Conference scheduled for November 4, 2020 is MOVED to 10:00AM. Parties are directed to dial into the Court's teleconference line at 888-251-2909 and use access code 2123101. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 11/02/2020)
2020-11-02Set/Reset Hearings: Initial Conference set for 11/4/2020 at 10:00 AM before Judge Lewis J. Liman. (mf) (Entered: 11/02/2020)
2020-11-049LETTER MOTION for Leave to File Law Student Intern Applications addressed to Judge Lewis J. Liman from David A. Schulz dated 11/4/2020. Document filed by Ryan Goodman. (Attachments: # 1 Fitch Application, # 2 Himes Application, # 3 Ng Application, # 4 Willmore Application).(Schulz, David) (Entered: 11/04/2020)
2020-11-0410ORDER granting 9 Letter Motion for Leave to File Document (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 11/04/2020)
2020-11-0411LETTER addressed to Judge Lewis J. Liman from Ilan Stein dated 11/4/2020 re: Fee Waiver. Document filed by Department of Defense..(Stein, Ilan) (Entered: 11/04/2020)
2020-11-0412ORDER: For the reasons stated at the conference, it is ORDERED that Defendant shall produce the requested documents on the following schedule: With respect to Plaintiff's first request, regarding records that show American troop levels in Afghanistan, Iraq, and Syria, see Dkt. No. 1-2, Defendant shall provide a final response including all documents responsive to the request (save for those as to which a claim of Exemption is validly made) on or before November 23, 2020. With respect to Plaintiff's second request, regarding, among other things, records sufficient to show why Defendant stopped publishing troop counts and the criteria for the counts they provide, See Dkt. No. 1-3, Defendant shall provide a final response (to include documents sufficient to respond to the request save for those validly withheld under an Exemption)and not only an estimated page counton or before December 11, 2020. The Court determined that such deadlines were reasonable based on the arguments presented at the conference. IT IS FURTHER ORDERED that Defendant shall file the following letters with theCourt: By November 15, 2020, a letter advising the Court whether the Plaintiff's request for a fee waiver pursuant to 5 U.S.C. § 522(a)(4)(A)(iii) and 32 C.F.R. § 286.12(l) will be granted; by December 15, 2020 at 5:00 p.m., a letter explaining the status of compliance with this Order. As stated at conference, if Defendant seeks any extensions of the deadlines set forth herein, it must file a letter with the Court establishing good cause and explaining in detail and with support its efforts to comply with these deadlines and the reasons that it has been unable to do so. IT IS FURHTER ORDERED that the Court will hold a conference on December 17, 2020 at 3:00 p.m. by TELEPHONE CONFERENCE. At that date and time the parties aredirected to dial the Court's teleconference line at 888-251-2909 (access code: 2123101). (Telephone Conference set for 12/17/2020 at 03:00 PM before Judge Lewis J. Liman.) (Signed by Judge Lewis J. Liman on 11/4/2020) (rro) (Entered: 11/04/2020)
2020-11-04Minute Entry for proceedings held before Judge Lewis J. Liman: Initial Pretrial Conference held on 11/4/2020 by Telephone Conference. David A. Schulz and Nicole Ng present by telephone for Plaintiff. Ilan Stein present by telephone for Defendant. Next Telephone Status Conference set for December 17, 2020 at 3:00PM before Judge Lewis J. Liman. (mf) (Entered: 11/06/2020)
2020-11-1313FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Phillip Spector to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22575950. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Goodman. (Attachments: # 1 Affidavit, # 2 Exhibit Maryland Certificate of Good Standing, # 3 Exhibit District of Columbia Certificate of Good Standing, # 4 Exhibit Pennsylvania Certificate of Status, # 5 Text of Proposed Order).(Spector, Phillip) Modified on 11/13/2020 (bcu). (Entered: 11/13/2020)
2020-11-13>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Phillip Spector to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-22575950. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): expired Certificate of Good Standing from Supreme Court of MaryLand;. Re-file the motion as a Corrected 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.. (bcu) (Entered: 11/13/2020)
2020-11-2014LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Ilan Stein dated 11/20/2020. Document filed by Department of Defense..(Stein, Ilan) (Entered: 11/20/2020)
2020-11-2015ORDER granting 14 Letter Motion for Extension of Time. On the consent of the Government, no further extensions will be granted. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 11/20/2020)
2020-11-2916MOTION for Phillip Spector to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Ryan Goodman. (Attachments: # 1 Affidavit, # 2 Exhibit Maryland Certificate of Good Standing, # 3 Exhibit D.C. Certificate of Good Standing, # 4 Exhibit Pennsylvania Certificate of Status, # 5 Text of Proposed Order).(Spector, Phillip) (Entered: 11/29/2020)
2020-11-30>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Phillip Spector 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. (bcu) (Entered: 11/30/2020)
2020-12-1417ANSWER to 1 Complaint,. Document filed by Department of Defense..(Stein, Ilan) (Entered: 12/14/2020)
2020-12-1518NOTICE OF APPEARANCE by Michael Linhorst on behalf of Ryan Goodman..(Linhorst, Michael) (Entered: 12/15/2020)
2020-12-1519NOTICE OF APPEARANCE by Harold Hongju Koh on behalf of Ryan Goodman..(Koh, Harold) (Entered: 12/15/2020)
2020-12-1520LETTER addressed to Judge Lewis J. Liman from Ilan Stein dated 12/15/2020 re: Status Letter. Document filed by Department of Defense..(Stein, Ilan) (Entered: 12/15/2020)
2020-12-1521LETTER addressed to Judge Lewis J. Liman from David A. Schulz dated December 15, 2020 re: Response to Letter from Defendant ECF20. Document filed by Ryan Goodman..(Schulz, David) (Entered: 12/15/2020)
2020-12-1622ORDER granting 16 Motion for Phillip Spector to Appear Pro Hac Vice (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (wt) (Entered: 12/16/2020)
2020-12-1623LETTER addressed to Judge Lewis J. Liman from Ilan Stein dated 12/16/2020 re: Proposed Next Steps. Document filed by Department of Defense..(Stein, Ilan) (Entered: 12/16/2020)
2020-12-17Minute Entry for proceedings held before Judge Lewis J. Liman: Telephone Status Conference held on 12/17/2020. Annie Himes, Harold Koh, Michael Linhorst, and David Schulz present by telephone for Plaintiff. Ilan Stein present by telephone for Defendant. Court reporter present by telephone. Parties ordered to simultaneously file cross motion briefs for summary judgment by January 6, 2021. Response briefs due by January 20, 2021. Reply briefs due by January 27, 2021. The Government is ordered to retain documents collected pursuant to the FOIA request. (mf) (Entered: 12/20/2020)
2021-01-0424NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of Department of Defense..(Normand, Sarah) (Entered: 01/04/2021)
2021-01-0425LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Ilan Stein dated 1/4/2021. Document filed by Department of Defense..(Stein, Ilan) (Entered: 01/04/2021)
2021-01-0426ORDER granting 25 Letter Motion for Extension of Time. DoD's motion to be filed by 5:00 p.m. on January 11, 2021 and its classified declaration to be delivered to Chambers or as directed by Chambers by 5:00 p.m. on January 11, 2021. (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 01/04/2021)
2021-01-0527ORDER: The Court held a conference call today with Classified Information Security Officer Daniel Hartenstine from the Litigation Security Group regarding security procedures for classified information and the services provided by his office. The Court hereby orders the Government to securely file the classified declaration with Mr. Hartenstine, who will accept it on the Courts behalf, by 5pm on January 11, 2021. (HEREBY ORDERED by Judge Lewis J. Liman) (Text Only Order) (mf) (Entered: 01/05/2021)
2021-01-0628TRANSCRIPT of Proceedings re: CONFERENCE held on 12/17/2020 before Judge Lewis J. Liman. Court Reporter/Transcriber: Vincent Bologna, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/27/2021. Redacted Transcript Deadline set for 2/8/2021. Release of Transcript Restriction set for 4/6/2021..(McGuirk, Kelly) (Entered: 01/06/2021)
2021-01-0629NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 12/17/20 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days....(McGuirk, Kelly) (Entered: 01/06/2021)
2021-01-1130LETTER MOTION for Extension of Time addressed to Judge Lewis J. Liman from Ilan Stein dated 1/11/2021. Document filed by Department of Defense..(Stein, Ilan) (Entered: 01/11/2021)
2021-01-1131ORDER granting 30 Letter Motion for Extension of Time (HEREBY ORDERED by Judge Lewis J. Liman)(Text Only Order) (Liman, Lewis) (Entered: 01/11/2021)
2021-01-1132MOTION for Summary Judgment . Document filed by Department of Defense..(Stein, Ilan) (Entered: 01/11/2021)
2021-01-1133NOTICE of Lodging of Classified Declaration. Document filed by Department of Defense..(Stein, Ilan) (Entered: 01/11/2021)
2021-01-1134MEMORANDUM OF LAW in Support re: 32 MOTION for Summary Judgment . . Document filed by Department of Defense..(Stein, Ilan) (Entered: 01/11/2021)
2021-01-1135DECLARATION of Thomas M. Williams in Support re: 32 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit Report for March 2018, # 2 Exhibit Report for November 2020).(Stein, Ilan) (Entered: 01/11/2021)
2021-01-1136DECLARATION of Mark Herrington in Support re: 32 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit April 23, 2020 Letters, # 2 Exhibit November 23, 2020 Letter and Document, # 3 Exhibit December 11, 2020 Letter and Documents, # 4 Exhibit January 11, 2021 Letter and Documents).(Stein, Ilan) (Entered: 01/11/2021)
2021-01-1837CONSENT LETTER MOTION to Stay re: 26 Order on Motion for Extension of Time, request to hold summary judgment briefing in abeyance addressed to Judge Lewis J. Liman from Michael Linhorst dated January 18, 2021. Document filed by Ryan Goodman..(Linhorst, Michael) (Entered: 01/18/2021)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar