Skip to content

Case Detail

[Subscribe to updates]
Case TitleBuzzfeed, Inc. v. U.S. Department of the Air Force
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv01337
Date Filed2019-02-12
Date Closed2020-11-04
JudgeJudge Andrew L. Carter, Jr
PlaintiffBuzzfeed, Inc.
Case DescriptionBuzzFeed submitted three FOIA requests to the Department of the Air Force for records concerning tours of Air Force One that included members of Trump's Mar-a-Lago club. The first FOIA request asked for names of civilians invited on the tour. The agency acknowledged receipt of the request and provided 62 pages of records with redactions. BuzzFeed filed an administrative appeal of the denial. BuzzFeed submitted two other FOIA requests for records concerning who was invited and the procedures for allowing tours of Air Force One. The agency acknowledged receipt of those two requests. However, after hearing nothing further from the agency pertaining to any of its requests, BuzzFeed filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees, Adequacy - Search

DefendantU.S. Department of the Air Force
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
Opinion/Order [20]
Opinion/Order [21]
Opinion/Order [35]
Opinion/Order [37]
Opinion/Order [39]
Opinion/Order [40]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-121COMPLAINT against U.S. Department of the Air Force. (Filing Fee $ 400.00, Receipt Number ANYSDC-16336590)Document filed by Buzzfeed, Inc.. (Attachments: # 1 Exhibit A - Request, # 2 Exhibit B - Acknowledgment, # 3 Exhibit C - Response, # 4 Exhibit D - Appeal, # 5 Exhibit E - Request 2, # 6 Exhibit F - Acknowledgment 2, # 7 Exhibit G - Request 3, # 8 Exhibit H - Acknowledgment 3)(Syed, Nabiha) (Entered: 02/12/2019)
2019-02-122CIVIL COVER SHEET filed. (Syed, Nabiha) (Entered: 02/12/2019)
2019-02-123RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Comcast Corporation, Other Affiliate NBCUniversal Media LLC for Buzzfeed, Inc.. Document filed by Buzzfeed, Inc..(Syed, Nabiha) (Entered: 02/12/2019)
2019-02-124REQUEST FOR ISSUANCE OF SUMMONS as to U.S. DEPARTMENT OF THE AIR FORCE, re: 1 Complaint,. Document filed by Buzzfeed, Inc.. (Syed, Nabiha) (Entered: 02/12/2019)
2019-02-125NOTICE OF APPEARANCE by Matthew Lynn Schafer on behalf of Buzzfeed, Inc.. (Schafer, Matthew) (Entered: 02/12/2019)
2019-02-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. Please download and review the Individual Practices of the assigned District Judge, located at http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 02/13/2019)
2019-02-13Magistrate Judge Sarah Netburn 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: http://nysd.uscourts.gov/forms.php . (pc) (Entered: 02/13/2019)
2019-02-13Case Designated ECF. (pc) (Entered: 02/13/2019)
2019-02-136ELECTRONIC SUMMONS ISSUED as to U.S. Department of the Air Force. (pc) (Entered: 02/13/2019)
2019-02-267SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Department of the Air Force served on 2/19/2019, answer due 3/21/2019. Service was made by Mail. Document filed by Buzzfeed, Inc.. (Attachments: # 1 Exhibit Service as to U.S. Air Force, # 2 Exhibit Service as to U.S. Attorney's Office, # 3 Exhibit Service as to U.S. Attorney General)(Schafer, Matthew) (Entered: 02/26/2019)
2019-03-018MOTION for Matthew L. Schafer to Withdraw as Attorney . Document filed by Buzzfeed, Inc.. (Attachments: # 1 Certificate of Serivce)(Schafer, Matthew) (Entered: 03/01/2019)
2019-03-019PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Buzzfeed, Inc.. Related Document Number: 8 . (Schafer, Matthew) (Entered: 03/01/2019)
2019-03-0410ORDER granting 8 Motion to Withdraw as Attorney. Upon consideration of the MOTION FOR MATTHEW L. SCHAFER TO WITHDRAW AS CO-COUNSEL FOR BUZZFEED, INC., it is this 4th day of March 2019, hereby ORDERED that the Motion is GRANTED. Attorney Matthew Lynn Schafer terminated. (Signed by Judge Andrew L. Carter, Jr on 3/4/2019) (rj) (Entered: 03/04/2019)
2019-03-1311NOTICE OF APPEARANCE by Anand Swaminathan on behalf of Buzzfeed, Inc.. (Swaminathan, Anand) (Entered: 03/13/2019)
2019-03-1412MOTION for Nabiha Syed to Withdraw as Attorney . Document filed by Buzzfeed, Inc.. (Attachments: # 1 Certificate of Service)(Syed, Nabiha) (Entered: 03/14/2019)
2019-03-1413PROPOSED ORDER FOR WITHDRAWAL OF ATTORNEY. Document filed by Buzzfeed, Inc.. (Attachments: # 1 Certificate of Service) Related Document Number: 12 . (Syed, Nabiha) (Entered: 03/14/2019)
2019-03-2114ORDER granting 12 Motion to Withdraw as Attorney. Upon consideration of the MOTION FOR NABIHA SYED TO WITHDRAW AS CO-COUNSEL FOR BUZZFEED, INC., it is this 21st day of March 2019, hereby ORDERED that the Motion is GRANTED. Attorney Nabiha Syed terminated. (Signed by Judge Andrew L. Carter, Jr on 3/21/2019) (rj) (Entered: 03/21/2019)
2019-03-2115NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of U.S. Department of the Air Force. (Connolly, Christopher) (Entered: 03/21/2019)
2019-03-2116ANSWER to 1 Complaint,. Document filed by U.S. Department of the Air Force.(Connolly, Christopher) (Entered: 03/21/2019)
2019-12-1217ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Andrew L. Carter, Jr on 12/12/2019) (rj) (Entered: 12/12/2019)
2019-12-1318INITIAL PRETRIAL CONFERENCE ORDER: An Initial Pretrial Conference pursuant to Rule 16 is scheduled for Tuesday, January 14, 2020, at 2:30 p.m. in Courtroom 219, Thurgood Marshall Courthouse, 40 Foley Square, New York, New York. (Initial Conference set for 1/14/2020 at 02:30 PM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn.) (Signed by Magistrate Judge Sarah Netburn on 12/13/2019) (ras) (Entered: 12/16/2019)
2020-01-0719LETTER addressed to Magistrate Judge Sarah Netburn from AUSA Christopher Connolly dated January 7, 2020 re: parties' proposed briefing schedule for cross-motions for summary judgment. Document filed by U.S. Department of the Air Force.(Connolly, Christopher) (Entered: 01/07/2020)
2020-01-1420ORDER: The Initial Pretrial Conference scheduled for Tuesday, January 14, 2020, is ADJOURNED as per the parties' request. By separate order, the Court will set a briefing schedule for the parties' cross-motions for summary judgment. (Signed by Magistrate Judge Sarah Netburn on 1/14/2020) (ras) (Entered: 01/14/2020)
2020-01-2121ORDER: In accordance with the parties' request to proceed to summary judgment briefing on the issue set forth in the parties' January 7, 2020 Letter, the Court enters the following schedule: Defendant's motion for summary judgment is due Thursday, March 5, 2020. Plaintiff's opposition and cross-motion for summary judgment is due Monday, April 6, 2020. Defendant's opposition and reply is due Wednesday, May 6, 2020. Plaintiff's reply in further support of its cross-motion is due Wednesday, May 27, 2020. Unless the parties consent to a magistrate judge's jurisdiction pursuant to 28 U.S.C. § 636(c), the motion shall be filed in accordance with Judge Carters Individual Rules of Practice. (Cross Motions due by 4/6/2020. Motions due by 3/5/2020. Responses due by 5/6/2020. Replies due by 5/27/2020.) (Signed by Magistrate Judge Sarah Netburn on 1/21/2020) (ras) (Entered: 01/22/2020)
2020-02-2722MOTION for Extension of Time to Briefing Schedule . Document filed by Buzzfeed, Inc.. (Attachments: # 1 Text of Proposed Order Proposed Order).(Swaminathan, Anand) (Entered: 02/27/2020)
2020-03-0223ORDER AMENDING BRIEFING SCHEDULE granting 22 Motion for Extension of Time. IT IS HEREBY ORDERED that the briefing schedule regarding the parties' cross- motions for summary judgment is amended as follows: March 19, 2020: Defendant's motion for summary judgment due, April 20, 2020: Plaintiff's opposition to motion for summary judgment and cross-motion for summary judgment due, May 20, 2020: Defendant's reply in support of motion for summary judgment and opposition to cross-motion for summary judgment due, June 10, 2020: Plaintiff's reply in support of cross-motion for summary judgment due., Motions due by 3/19/2020. (Signed by Judge Andrew L. Carter, Jr on 3/2/2020) (rj) (Entered: 03/03/2020)
2020-03-02Set/Reset Deadlines: Cross Motions due by 4/20/2020. Responses due by 4/20/2020 Replies due by 6/10/2020. (rj) (Entered: 03/03/2020)
2020-03-1624LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from AUSA Christopher Connolly dated March 16, 2020. Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 03/16/2020)
2020-03-1725ORDER granting 24 Letter Motion for Extension of Time. SO ORDERED. Motions due by 4/2/2020. (Signed by Judge Andrew L. Carter, Jr on 3/17/2020) (rj) (Entered: 03/17/2020)
2020-03-17Set/Reset Deadlines: Cross Motions due by 5/4/2020. Responses due by 6/3/2020 Replies due by 6/24/2020. (rj) (Entered: 03/17/2020)
2020-04-0226MOTION for Summary Judgment . Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 04/02/2020)
2020-04-0227MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 04/02/2020)
2020-04-0228DECLARATION of Lt. Col. Brent F. Osgood in Support re: 26 MOTION for Summary Judgment .. Document filed by U.S. Department of the Air Force. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C).(Connolly, Christopher) (Entered: 04/02/2020)
2020-05-0429NOTICE of Motion. Document filed by Buzzfeed, Inc...(Swaminathan, Anand) (Entered: 05/04/2020)
2020-05-0430MOTION for Summary Judgment Plaintiff's Combined Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment . Document filed by Buzzfeed, Inc...(Swaminathan, Anand) (Entered: 05/04/2020)
2020-06-0131LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from AUSA Christopher Connolly dated June 1, 2020. Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 06/01/2020)
2020-06-0232ORDER granting 31 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/02/2020) (ama) (Entered: 06/02/2020)
2020-06-02Set/Reset Deadlines: Replies due by 7/1/2020. (ama) (Entered: 06/02/2020)
2020-06-1033MEMORANDUM OF LAW in Opposition re: 30 MOTION for Summary Judgment Plaintiff's Combined Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment . and in further support of Defendant's motion for summary judgment . Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 06/10/2020)
2020-06-1034DECLARATION of Lt. Col. Brent F. Osgood in Opposition re: 30 MOTION for Summary Judgment Plaintiff's Combined Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment .. Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 06/10/2020)
2020-06-1635ORDER: Pursuant to Local Civil Rule 56.1(a), "[u]pon any motion for summary judgment pursuant to Rule 56 of the Federal Rules of Civil Procedure, there shall be annexed to the notice of motion a separate, short and concise statement, in numbered paragraphs, of the material facts as to which the moving party contends there is no genuine issue to be tried" "The papers opposing a motion for summary judgment shall include a correspondingly numbered paragraph responding to each numbered paragraph in the statement of the moving party, and if necessary, additional paragraphs containing a separate, short and concise statement of additional material facts as to which it is contended that there exists a genuine issue to be tried." Local Civil Rule 56(b). The summary judgment briefing recently filed in this matter does not include the requisite 56.1 statements. The Parties are hereby ORDERED to propose a schedule for submission of 56.1 statements. (Signed by Judge Andrew L. Carter, Jr on 6/16/2020) (rj) (Entered: 06/16/2020)
2020-06-1836LETTER addressed to Judge Andrew L. Carter, Jr. from AUSA Christopher Connolly dated June 18, 2020 re: parties' joint response to Court's order concerning Rule 56.1 statements. Document filed by U.S. Department of the Air Force..(Connolly, Christopher) (Entered: 06/18/2020)
2020-06-2937ORDER: The Court is in receipt of the Parties' June 18, 2020 letter. ECF No. 36. The Court will not order the submission of Rule 56.1 statements at this time. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 6/29/2020) (rj) (Entered: 06/29/2020)
2020-07-0138REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment Plaintiff's Combined Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment . . Document filed by Buzzfeed, Inc...(Swaminathan, Anand) (Entered: 07/01/2020)
2020-11-0339OPINION AND ORDER: re: 26 MOTION for Summary Judgment . filed by U.S. Department of the Air Force, 30 MOTION for Summary Judgment Plaintiff's Combined Memorandum in Opposition to Defendant's Motion for Summary Judgment and in Support of Plaintiff's Cross-Motion for Summary Judgment . filed by Buzzfeed, Inc. So Ordered (Signed by Judge Andrew L. Carter, Jr on 11/3/2020) (js) Transmission to Orders and Judgments Clerk for processing. (Entered: 11/04/2020)
2020-11-0440CLERK'S JUDGMENT re: 39 Memorandum & Opinion. in favor of U.S. Department of the Air Force against Buzzfeed, Inc. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion and Order dated November 3, 2020, the Air Force's motion for summary judgment is granted and Buzzfeed's motion is denied; accordingly, this case is closed. (Signed by Clerk of Court Ruby Krajick on 11/04/2020) (Attachments: # 1 Notice of Right to Appeal) (dt) (Entered: 11/04/2020)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar