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Case TitleNational Public Radio, Inc. et al v. U.S. Central Command et al
DistrictEastern District of New York
CityBrooklyn
Case Number1:2021cv02019
Date Filed2021-04-14
Date Closed2022-06-02
JudgeJudge Kiyo A. Matsumoto
PlaintiffNational Public Radio, Inc.
PlaintiffJess Jiang
Case DescriptionJess Jiang, a producer for National Public Radio in New York City, submitted two FOIA requests to U.S. Central Command for records concerning the investigation of a friendly fire incident in Helmand Province, Afghanistan in 2011. Jiang also requested a fee waiver for both requests and expedited processing for the second request. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Jiang and NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Central Command
DefendantU.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-04-141COMPLAINT against U.S. Central Command, U.S. Department of Defense filing fee $ 402, receipt number ANYEDC-14374993 Was the Disclosure Statement on Civil Cover Sheet completed -NO,, filed by National Public Radio, Inc., Jess Jiang. (Attachments: # 1 Exhibit A (CENTCOM FOIA 1), # 2 Exhibit B (CENTCOM FOIA 2), # 3 Civil Cover Sheet) (Azmi, Nimra) (Attachment 3 replaced on 4/15/2021) (Bowens, Priscilla). (Entered: 04/14/2021)
2021-04-142Corporate Disclosure Statement by National Public Radio, Inc. (Azmi, Nimra) (Entered: 04/14/2021)
2021-04-143Proposed Summons. by Jess Jiang, National Public Radio, Inc. (Attachments: # 1 Proposed Summons) (Azmi, Nimra) (Entered: 04/14/2021)
2021-04-14Case Assigned to Judge Kiyo A. Matsumoto 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 All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 US Department of Defense summons) (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. (Attachments: # 1 Proposed Summons) (Azmi, Nimra) (Entered: 04/16/2021)
2021-04-168Summons Issued as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 US Department of Defense summons) (Bowens, Priscilla) (Entered: 04/16/2021)
2021-04-279AFFIDAVIT of Service , filed by Jess Jiang, National Public Radio, Inc.. (Attachments: # 1 Affidavit of Service, # 2 Affidavit of Service, # 3 Affidavit of Service, # 4 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. Central Command, U.S. Department of Defense. (Mahoney, Kathleen) (Entered: 05/18/2021)
2021-05-19ELECTRONIC ORDER granting 10 Motion for Extension of Time to Answer. Defendants to answer, move, or otherwise respond by 6/21/2021 . So Ordered by Chief Magistrate Cheryl L. Pollak on 5/19/2021. (Bayer, Sarah) (Entered: 05/19/2021)
2021-05-19SCHEDULING ORDER: An Initial Conference is set for 7/27/2021 @ 10:45 AM before Chief Magistrate Cheryl L. Pollak. Initial conference will proceed via AT&T conference call. Please dial 877-336-1839 at 10:45 AM. Enter Access code: 380-1746 and security code: 21-2019. 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-14511158. 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 All Defendants. (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 plaintiffs: Nimra Azmi. Appearance 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. Central Command, U.S. Department of Defense (Mahoney, Kathleen) (Entered: 08/18/2021)
2021-09-27STATUS REPORT ORDER re 14 : Per defendants' status report letter stating that they would provide a first release of the requested records in 60 days, defendants are Ordered to provide a status report regarding the release 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 Defendants by U.S. Central Command, U.S. Department of Defense (Mahoney, Kathleen) (Entered: 11/29/2021)
2021-11-30STATUS REPORT ORDER re 15 : Parties are to submit a status report regarding MARCENT's review of the documents and/or their provision by 2/28/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 11/30/2021. (Nordstrom, Britta) (Entered: 11/30/2021)
2022-02-2816STATUS REPORT Joint Status Report by U.S. Central Command, U.S. Department of Defense (Mahoney, Kathleen) (Entered: 02/28/2022)
2022-03-01ELECTRONIC ORDER re 16 : Parties to provide a joint status report regarding the provision of documents and how plaintiffs intend to proceed by 4/15/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 3/1/2022. (Nordstrom, Britta) (Entered: 03/01/2022)
2022-04-1517STATUS REPORT /Joint Status Report by U.S. Central Command, U.S. Department of Defense (Mahoney, Kathleen) (Entered: 04/15/2022)
2022-04-18ELECTRONIC ORDER re 17 : Parties are to provide a status report by 5/18/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 4/18/2022. (Nordstrom, Britta) (Entered: 04/18/2022)
2022-05-1818STATUS REPORT - Joint Status Report by U.S. Central Command, U.S. Department of Defense (Mahoney, Kathleen) (Entered: 05/18/2022)
2022-05-23ELECTRONIC ORDER re 18 : Parties are to file a stipulation of dismissal or status report by 6/23/2022 . So Ordered by Chief Magistrate Cheryl L. Pollak on 5/23/2022. (Nordstrom, Britta) (Entered: 05/23/2022)
2022-06-0119Letter to Honorable Kiyo A. Matsumoto enclosing Stipulation and Proposed Order of Dismissal by U.S. Central Command, U.S. Department of Defense (Attachments: # 1 Proposed Order) (Mahoney, Kathleen) (Entered: 06/01/2022)
2022-06-0220STIPULATION AND PROPOSEDORDER OF DISMISSAL:IT IS STIPULATED AND AGREED by and between counsel for Plaintiffs and counsel for Defendants that this action is dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1). Each party shall bear its own costs and fees.Ordered by Judge Kiyo A. Matsumoto on 6/2/2022. (Williams-Jackson, Sandra) (Entered: 06/02/2022)
2022-06-02Civil Case Terminated. (Williams-Jackson, Sandra) (Entered: 06/02/2022)
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by FOIA Project Staff
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