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Case TitleBonner v. Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv01955
Date Filed2021-03-05
Date ClosedOpen
JudgeJudge Denise L. Cote
PlaintiffRaymond Bonner
Case DescriptionJournalist Raymond Bonner submitted two FOIA requests to the Department of Defense for records concerning the audio recording of the August 23, 2016 Periodic Review Board hearing concerning Abu Zubayah. Bonner also requested expedited processing and a fee waiver. The agency acknowledged receipt of the requests and denied the request for expedited processing. Bonner filed an administrative appeal of the denial of expedited processing. After hearing nothing further from the agency concerning either of his requests, Bonner filed suit.
Complaint issues: Failure to respond within statutory time limit, Expedited processing, Public Interest Fee Waiver, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantUnited States Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Opinion/Order [13]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-03-051COMPLAINT against Department of Defense. (Filing Fee $ 402.00, Receipt Number ANYSDC-24213335)Document filed by Raymond Bonner. (Attachments: # 1 Exhibit PRB FOIA Request, # 2 Exhibit PRB Request Expedited Denial, # 3 Exhibit PRB Request Administrative Appeal, # 4 Exhibit CSRT FOIA Request).(Schulz, David) (Entered: 03/05/2021)
2021-03-052FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint,. Document filed by Raymond Bonner..(Schulz, David) Modified on 3/8/2021 (dnh). (Entered: 03/05/2021)
2021-03-053CIVIL COVER SHEET filed..(Schulz, David) (Entered: 03/05/2021)
2021-03-08***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David A. Schulz. The party information for the following party/parties has been modified: Department of Defense. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (dnh) (Entered: 03/08/2021)
2021-03-08***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A. Schulz. The following case opening statistical information was erroneously selected/entered: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (dnh) (Entered: 03/08/2021)
2021-03-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . .(dnh) (Entered: 03/08/2021)
2021-03-08Magistrate Judge Robert W. Lehrburger 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 . (dnh) (Entered: 03/08/2021)
2021-03-08Case Designated ECF. (dnh) (Entered: 03/08/2021)
2021-03-08***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David A. Schulz to RE-FILE Document No. 2 Request for Issuance of 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; the party name listed in the 'To' section of the summons PDF must appear exactly as it does in the pleading caption. Do not abbreviate party names. 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: 03/08/2021)
2021-03-084REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint,. Document filed by Raymond Bonner..(Schulz, David) (Entered: 03/08/2021)
2021-03-095ELECTRONIC SUMMONS ISSUED as to United States Department of Defense..(jgo) (Entered: 03/09/2021)
2021-03-106NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. Due to the COVID-19 pandemic, the initial pretrial conference will be held telephonically. Prior to the date of the conference, counsel for all parties shall register as filing users in accordance with the Procedures for Electronic Case Filing, and as further set forth in this order. Initial Conference set for 5/6/2021 at 04:00 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749 Access code: 4324948 The parties shall use a landline if one is available. (Signed by Judge Denise L. Cote on 3/10/2021) (jwh) (Entered: 03/10/2021)
2021-03-317AFFIDAVIT OF SERVICE of Summons and Complaint,. United States Department of Defense served on 3/26/2021, answer due 4/16/2021. Service was made by Mail. Document filed by Raymond Bonner..(Schulz, David) (Entered: 03/31/2021)
2021-04-148NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Department of Defense..(Normand, Sarah) (Entered: 04/14/2021)
2021-04-149NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of United States Department of Defense..(Connolly, Christopher) (Entered: 04/14/2021)
2021-04-1410ANSWER to 1 Complaint,. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 04/14/2021)
2021-05-0511ORDER: It is hereby ORDERED that the Initial Pretrial Conference previously scheduled for May 6, 2021 at 4:00 PM is rescheduled to 4:30 PM on the same date. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749, Access code: 4324948. The parties shall use a landline if one is available. Please refer to the Order issued on March 10, 2021 for any further information. Initial Conference set for 5/6/2021 at 04:30 PM before Judge Denise L. Cote. (Signed by Judge Denise L. Cote on 5/5/2021) (mro) (Entered: 05/05/2021)
2021-05-0612PRE-CONFERENCE STATEMENT in advance of initial pretrial conference on May 6, 2021 . Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 05/06/2021)
2021-05-06Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 5/6/2021. (jwh) (Entered: 05/06/2021)
2021-05-0713ORDER: It is hereby ORDERED that a status letter is due May 28, 2021. (Signed by Judge Denise L. Cote on 5/7/2021) (mro) (Entered: 05/07/2021)
2021-05-2714STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 05/27/2021)
2021-05-2815MEMO ENDORSEMENT on re: 14 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report is due 6/2/21. (Signed by Judge Denise L. Cote on 5/28/2021) (mro) (Entered: 05/28/2021)
2021-06-0216STATUS REPORT. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 06/02/2021)
2021-06-0317MEMO ENDORSEMENT on re: 16 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report is due 9/14/21. (Signed by Judge Denise L. Cote on 6/3/2021) (mro) (Entered: 06/03/2021)
2021-06-03***DELETED DOCUMENT. Deleted document number 18 Order of Reference. The document was incorrectly filed in this case. (mro) (Entered: 06/03/2021)
2021-09-1418STATUS REPORT. Regarding DoD's Processing of FOIA Requests Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 09/14/2021)
2021-09-1519MEMO ENDORSEMENT on re: 18 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report is due 11/15/21. (Signed by Judge Denise L. Cote on 9/15/2021) (vfr) (Entered: 09/15/2021)
2021-11-1520STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 11/15/2021)
2021-11-1621MEMO ENDORSEMENT on re: 20 Status Report filed by United States Department of Defense. ENDORSEMENT: So Ordered. (Signed by Judge Denise L. Cote on 11/16/2021) (vfr) (Entered: 11/16/2021)
2021-12-1722STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 12/17/2021)
2021-12-2023MEMO ENDORSEMENT on re: 22 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report due 2/1/22. (Signed by Judge Denise L. Cote on 12/20/2021) (vfr) (Entered: 12/20/2021)
2022-02-0124STATUS REPORT. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 02/01/2022)
2022-02-0225MEMO ENDORSEMENT on re: 24 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report is due 4/1/22. (Signed by Judge Denise L. Cote on 2/2/2022) (vfr) (Entered: 02/02/2022)
2022-03-3126STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 03/31/2022)
2022-03-3127MEMO ENDORSEMENT on re: 26 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report is due 6/1/22. (Signed by Judge Denise L. Cote on 3/31/2022) (vfr) (Entered: 03/31/2022)
2022-06-0128STATUS REPORT. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 06/01/2022)
2022-06-0129MEMO ENDORSEMENT on re: 28 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report due 8/1/22. (Signed by Judge Denise L. Cote on 6/1/2022) (vfr) (Entered: 06/01/2022)
2022-08-0130STATUS REPORT. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 08/01/2022)
2022-08-0231MEMO ENDORSEMENT on re: 30 Status Report filed by United States Department of Defense. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 8/2/2022) (vfr) (Entered: 08/02/2022)
2022-09-0932STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 09/09/2022)
2022-09-2233MEMO ENDORSEMENT on re: 32 Status Report filed by United States Department of Defense ENDORSEMENT: Status report is due 11/8/22. (Signed by Judge Denise L. Cote on 9/22/2022) (ks) (Entered: 09/22/2022)
2022-11-0834STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 11/08/2022)
2022-11-0935MEMO ENDORSEMENT on re: 34 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report due 1/9/23. (Signed by Judge Denise L. Cote on 11/8/2022) (tro) (Entered: 11/09/2022)
2023-01-0636STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 01/06/2023)
2023-01-0637MEMO ENDORSEMENT on re: 36 Status Report filed by United States Department of Defense. ENDORSEMENT: Status letter is due 2/15/23. (Signed by Judge Denise L. Cote on 1/6/2023) (ate) (Entered: 01/06/2023)
2023-02-1538STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 02/15/2023)
2023-02-1639MEMO ENDORSEMENT on re: 38 Status Report filed by United States Department of Defense. ENDORSEMENT: Status report is due 4/14/23. (Signed by Judge Denise L. Cote on 2/16/2023) (vfr) (Entered: 02/16/2023)
2023-04-1340STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 04/13/2023)
2023-04-1441MEMO ENDORSEMENT on re: 40 Status Report filed by United States Department of Defense. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 4/14/2023) (vfr) (Entered: 04/14/2023)
2023-06-1442STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 06/14/2023)
2023-06-1543MEMO ENDORSEMENT on re: 42 Status Report filed by United States Department of Defense. ENDORSEMENT: Granted. Status report due 8/14/23. (Signed by Judge Denise L. Cote on 6/15/2023) (vfr) (Entered: 06/15/2023)
2023-08-1144STATUS REPORT. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 08/11/2023)
2023-08-1545MEMO ENDORSEMENT on re: 44 Status Report filed by United States Department of Defense. ENDORSEMENT: Status letter is due 9/29/23. (Signed by Judge Denise L. Cote on 8/15/2023) (vfr) (Entered: 08/15/2023)
2023-09-2946STATUS REPORT. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 09/29/2023)
2023-10-0247MEMO ENDORSEMENT on re: 46 Status Report filed by United States Department of Defense. ENDORSEMENT: Status letter is due 11/29/2023. (Signed by Judge Denise L. Cote on 10/2/2023) (tg) (Entered: 10/02/2023)
2023-11-2948STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 11/29/2023)
2023-11-3049MEMO ENDORSEMENT on re: 48 Status Report filed by United States Department of Defense. ENDORSEMENT: Status letter is due 1/29/24. (Signed by Judge Denise L. Cote on 11/30/2023) (vfr) (Entered: 11/30/2023)
2024-01-2950STATUS REPORT. Document filed by United States Department of Defense..(Normand, Sarah) (Entered: 01/29/2024)
2024-01-3051MEMO ENDORSEMENT on re: 50 Status Report filed by United States Department of Defense. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/30/2024) (vfr) (Entered: 01/30/2024)
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