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Case TitleNational Public Radio, Inc. et al v. U.S. Air Force
DistrictEastern District of New York
CityBrooklyn
Case Number1:2021cv02017
Date Filed2021-04-14
Date Closed2022-10-13
JudgeJudge Diane Gujarati
PlaintiffNational Public Radio, Inc.
PlaintiffJess Jiang
Case DescriptionJess Jiang, a producer for National Public Radio in New York City, submitted two FOIA requests to the Department of the Air Force for records concerning a specific contract between the agency and Northrup Grumman. Jiang submitted a second request for further information about the same contract. Jiang requested a fee waiver for both requests. After hearing nothing further from the agency pertaining to either request, Jiang filed suit.
Complaint issues: Failure to respond within statutory time limit, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Air Force
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-141COMPLAINT against U.S. Air Force filing fee $ 402, receipt number ANYEDC-14374897 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by National Public Radio, Inc., Jess Jiang. (Attachments: # 1 Exhibit A (Air Force FOIA 1), # 2 Exhibit B ( Air Force Request Acknowledgments), # 3 Exhibit C (Air Force FOIA 2), # 4 Civil Cover Sheet) (Magliery, John) Modified on 4/15/2021 (Bowens, Priscilla). (Attachment 4 replaced on 4/15/2021) (Bowens, Priscilla). (Entered: 04/14/2021)
2021-04-142Corporate Disclosure Statement by Jess Jiang, National Public Radio, Inc. (Magliery, John) (Entered: 04/14/2021)
2021-04-143Proposed Summons. by Jess Jiang, National Public Radio, Inc. (Magliery, John) (Entered: 04/14/2021)
2021-04-14Case Assigned to Judge Diane Gujarati and Chief Magistrate Cheryl L. Pollak. Please download and review the Individual Practices of the assigned Judges, located on our website . Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (Bowens, Priscilla) (Entered: 04/15/2021)
2021-04-154Summons Issued as to U.S. Air Force, U.S. Attorney and U.S. Attorney General (Bowens, Priscilla) (Entered: 04/15/2021)
2021-04-155In accordance with Rule 73 of the Federal Rules of Civil Procedure and Local Rule 73.1, the parties are notified that if all parties consent a United States magistrate judge of this court is available to conduct all proceedings in this civil action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to the Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. The form may also be accessed at the following link: http://www.uscourts.gov/uscourts/FormsAndFees/Forms/AO085.pdf . You may withhold your consent without adverse substantive consequences . Do NOT return or file the consent unless all parties have signed the consent. (Bowens, Priscilla) (Entered: 04/15/2021)
2021-04-156This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made, if any. (Bowens, Priscilla) (Entered: 04/15/2021)
2021-04-167Proposed Summons. by Jess Jiang, National Public Radio, Inc. (Azmi, Nimra) (Entered: 04/16/2021)
2021-04-198Summons Issued as to U.S. Air Force. (Herrera, Isaiah) (Entered: 04/19/2021)
2021-04-279AFFIDAVIT of Service , filed by Jess Jiang, National Public Radio, Inc.. (Attachments: # 1 Affidavit of Service, # 2 Affidavit of Service) (Azmi, Nimra) (Entered: 04/27/2021)
2021-05-1810Letter MOTION for Extension of Time to File Answer re 1 Complaint, until June 21, 2021 (on consent) by U.S. Air Force. (Mahoney, Kathleen) (Entered: 05/18/2021)
2021-05-18ORDER granting 10 Motion for Extension of Time to Answer -- The motion is granted on consent. The deadline for Defendant to answer or otherwise respond to the Complaint is extended to June 21, 2021. Ordered by Judge Diane Gujarati on 5/18/2021. (Almonte, Kelly) (Entered: 05/18/2021)
2021-05-19SCHEDULING ORDER: An Initial Conference is set for 7/27/2021 @ 11:15 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 11:15 AM. Enter Access code: 380-1746 and security code: 21-2017. So Ordered by Chief Magistrate Cheryl L. Pollak on 5/19/2021. (Caggiano, Diana) (Entered: 05/19/2021)
2021-05-2611MOTION to Appear Pro Hac Vice Filing fee $ 150, receipt number ANYEDC-14511035. by Jess Jiang, National Public Radio, Inc.. (Attachments: # 1 Notice of Motion, # 2 Affidavit, # 3 Proposed Order) (Burke, Thomas) (Entered: 05/26/2021)
2021-05-27ELECTRONIC ORDER granting 11 Motion for Leave to Appear Pro Hac Vice. The attorney shall register for ECF; registration is available online at the NYED's homepage. Once registered, the attorney shall file a notice of appearance and ensure that s/he receives electronic notification of activity in this case. Also, the attorney shall ensure the $150 admission fee is submitted to the Clerks Office via filing the event Pro Hac Vice Filing Fee . So Ordered by Chief Magistrate Cheryl L. Pollak on 5/27/2021. (Bayer, Sarah) (Entered: 05/27/2021)
2021-05-2712NOTICE of Appearance by Thomas R. Burke on behalf of Jess Jiang, National Public Radio, Inc. (notification declined or already on case) (Burke, Thomas) (Entered: 05/27/2021)
2021-06-2113ANSWER to 1 Complaint, by U.S. Air Force. (Mahoney, Kathleen) (Entered: 06/21/2021)
2021-07-28MINUTE ENTRY for Initial Conference proceeding held before Chief Magistrate Judge Cheryl Pollak on 7/27/2021. Appearance for plaintiff: Nimra Azmi. Appearances for defendants: Kathleen Mahoney. FOIA request. Government to provide status report on 8/18/2021 . (Caggiano, Diana) (Entered: 07/28/2021)
2021-08-1814STATUS REPORT by U.S. Air Force (Mahoney, Kathleen) (Entered: 08/18/2021)
2021-09-27STATUS REPORT ORDER re 14 : Per defendants' status report stating that they cannot yet set a timeline for rolling responses to plaintiffs' requests, defendants are Ordered to provide a status report regarding the timeline by 11/29/2021 . So Ordered by Chief Magistrate Cheryl L. Pollak on 9/27/2021. (Nordstrom, Britta) (Entered: 09/27/2021)
2021-11-2915STATUS REPORT by Defendant U.S. Air Force by U.S. Air Force (Mahoney, Kathleen) (Entered: 11/29/2021)
2021-11-30STATUS REPORT ORDER re 15 : Parties are Ordered to provide a status report regarding the second round of production of documents by 1/31/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 11/30/2021. (Nordstrom, Britta) (Entered: 11/30/2021)
2022-01-3116STATUS REPORT (joint) by U.S. Air Force (Mahoney, Kathleen) (Entered: 01/31/2022)
2022-02-02STATUS REPORT ORDER re 16 : Parties are to provide a status report regarding provision of the requested documents by 4/4/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 2/2/2022. (Nordstrom, Britta) (Entered: 02/02/2022)
2022-04-0417STATUS REPORT /Joint Status Report by U.S. Air Force (Mahoney, Kathleen) (Entered: 04/04/2022)
2022-04-05STATUS REPORT ORDER re 17 : Parties are to provide a status report regarding the next production(s) of requested documents by 6/6/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 4/5/2022. (Nordstrom, Britta) (Entered: 04/05/2022)
2022-06-0718STATUS REPORT - Joint by U.S. Air Force (Mahoney, Kathleen) (Entered: 06/07/2022)
2022-06-09STATUS REPORT ORDER re 18 : Parties to provide a status report regarding settlement by 8/9/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 6/9/2022. (Nordstrom, Britta) (Entered: 06/09/2022)
2022-08-0919STATUS REPORT (Joint) by U.S. Air Force (Mahoney, Kathleen) (Entered: 08/09/2022)
2022-08-1120SCHEDULING ORDER: A Status Conference is set for 9/9/2022 at 9:45 AM before Chief Magistrate Cheryl L. Pollak. The Status Conference will proceed via AT&T conference call. Please dial 877-336-1839 at 9:45 AM . Enter Access code: 380-1746 and security code: 21-2017. So Ordered by Chief Magistrate Cheryl L. Pollak on 8/11/2022. (Lee, Bou) (Entered: 08/11/2022)
2022-09-06SCHEDULING ORDER: Due to an unforeseen change in the Court's calendar, the Status Conference originally set for 9/9/2022 is rescheduled for 10/5/2022 @ 4:15 PM before Chief Magistrate Cheryl L. Pollak. Please dial into the conference line by 4:15 PM . Ordered by Chief Magistrate Cheryl L. Pollak on 9/6/2022. (Lee, Bou) (Entered: 09/06/2022)
2022-09-1421Letter to Honorable Diane Gujarati enclosing proposed Stipulation and Order of Dismissal by U.S. Air Force (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) (Entered: 09/14/2022)
2022-09-20ELECTRONIC ORDER: In light of 21 , the status conference previously scheduled for 10/5/2022 before Chief Magistrate Judge Cheryl Pollak is adjourned sine die. So Ordered by Chief Magistrate Judge Cheryl L. Pollak on 9/20/2022. (Caggiano, Diana) (Entered: 09/20/2022)
2022-10-13ORDER DISMISSING CASE -- As stipulated and agreed by and between the parties in the [21-1] Stipulation filed on September 14, 2022, this action is hereby dismissed with prejudice. The Court declines to so order the [21-1] Stipulation. The Clerk of Court is directed to close this case. Ordered by Judge Diane Gujarati on 10/13/2022. (SS) (Entered: 10/13/2022)
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