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Case TitleFirst Look Institute, Inc. et al v. Defense Threat Reduction Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv09337
Date Filed2021-11-11
Date ClosedOpen
JudgeJudge Analisa Torres
PlaintiffFirst Look Institute, Inc.
PlaintiffSharon Lerner
Case DescriptionFirst Look Institute and Sharon Lerner submitted a FOIA request to the Defense Threat Reduction Agency for records concerning six grant proposals and all progress reports related to a DTRA grant. The agency acknowledged receipt of the request but after hearing nothing further from the agency, First Look Institute and Lerner filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDefense Threat Reduction Agency
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Opinion/Order [8]
Opinion/Order [9]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-11-111COMPLAINT against Defense Threat Reduction Agency. (Filing Fee $ 402.00, Receipt Number ANYSDC-25321121)Document filed by First Look Institute, Inc., Sharon Lerner. (Attachments: # 1 Exhibit A - FOIA Request, # 2 Exhibit B - Acknowledgment Letter, # 3 Exhibit C - Expedited Processing Denial).(Greenberger, Debra) (Entered: 11/11/2021)
2021-11-112CIVIL COVER SHEET filed..(Greenberger, Debra) (Entered: 11/11/2021)
2021-11-113RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by First Look Institute, Inc...(Greenberger, Debra) (Entered: 11/11/2021)
2021-11-114REQUEST FOR ISSUANCE OF SUMMONS as to Defense Threat Reduction Agency, re: 1 Complaint,. Document filed by First Look Institute, Inc., Sharon Lerner..(Greenberger, Debra) (Entered: 11/11/2021)
2021-11-12CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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: 11/12/2021)
2021-11-12Magistrate Judge Debra C. Freeman 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: 11/12/2021)
2021-11-12Case Designated ECF. (pc) (Entered: 11/12/2021)
2021-11-125ELECTRONIC SUMMONS ISSUED as to Defense Threat Reduction Agency..(pc) (Entered: 11/12/2021)
2021-11-126NOTICE OF APPEARANCE by Andrew G. Celli on behalf of First Look Institute, Inc., Sharon Lerner..(Celli, Andrew) (Entered: 11/12/2021)
2021-11-177INITIAL PRETRIAL SCHEDULING ORDER: Counsel for all parties are directed to submit a joint letter and a jointly proposed Case Management Plan and Scheduling Order by January 10, 2022, in accordance with Rule 16 of the Federal Rules of Civil Procedure and the instructions set forth below. (As further set forth in this Order.) SO ORDERED. (Signed by Judge Analisa Torres on 11/17/2021) (vfr) (Entered: 11/17/2021)
2021-11-178ORDER: To protect the public health, while promoting the "just, speedy, and inexpensive determination of every action and proceeding," Fed. R. Civ. P. 1, it is ORDERED pursuant to Rules 30(b)(3) and 30(b)(4) of the Federal Rules of Civil Procedure that all depositions in this action may be taken via telephone, videoconference, or other remote means. It is further ORDERED pursuant to Rule 30(b)(5) that a deposition will be deemed to have taken place "before an officer appointed or designated under Rule 28" if such officer attends the deposition using the same remote means used to connect all other participants, so long as all participants (including the officer) can clearly hear and be heard by all other participants. The parties are encouraged to engage in discovery through remote means at every available opportunity. SO ORDERED. (Signed by Judge Analisa Torres on 11/17/2021) (vfr) (Entered: 11/17/2021)
2021-11-179ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If all parties consent to proceed before the Magistrate Judge, counsel for Defendant shall, by January 10, 2022, e-mail a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, available at https://nysd.uscomis.gov/node/754 and attached to this order, to Orders_and_Judgments@nysd.uscomis.gov. If the Court approves that form, all further proceedings will then be conducted before the assigned Magistrate Judge rather than before me. An information sheet on proceedings before magistrate judges is also attached to this order. Any appeal would be taken directly to the United States Court of Appeals for the Second Circuit, as it would be if the consent form were not signed and so ordered. If any party does not consent to conducting all further proceedings before the assigned Magistrate Judge, the parties must file a joint letter, by January 10, 2022, advising the Court that the parties do not consent, but without disclosing the identity of the party or parties who do not consent. The parties are free to withhold consent without negative consequences. SO ORDERED. (Signed by Judge Analisa Torres on 11/17/2021) (va) (Entered: 11/17/2021)
2021-11-2410CERTIFICATE OF SERVICE of Summons and Complaint,. Defense Threat Reduction Agency served on 11/15/2021, answer due 12/6/2021. Service was made by Certified Mail. Document filed by First Look Institute, Inc.; Sharon Lerner. (Attachments: # 1 Exhibit A - Certified Mail Receipts).(Greenberger, Debra) (Entered: 11/24/2021)
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by FOIA Project Staff
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