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Case TitleHathaway v. Defense
DistrictDistrict of Connecticut
CityNew Haven
Case Number3:2021cv01009
Date Filed2021-07-22
Date ClosedOpen
JudgeJudge Alvin W. Thompson
PlaintiffOona A. Hathaway
Case DescriptionOona Hathaway, director of the Yale Law Schoo'sl Center for Global Legal Challenges, submitted a FOIA request for records concerning non-binding international understandings and agreements. Hathaway asked for a fee waiver. The agency did not acknowledge receipt of the request. After Hathaway contacted the agency concerning the status of her request, she received a copy of an email in which the agency asked a component about the status of her request. However, after hearing nothing further from the agency, Hathaway filed suit.
Complaint issues: Litigation - Attorney's fees, Adequacy - Search, Failure to respond within statutory time limit, Public Interest Fee Waiver

DefendantDepartment of Defense U.S.
DefendantDepartment of Defense
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

2021-07-221COMPLAINT against Department of Defense ( Filing fee $402 receipt number ACTDC-6587285.), filed by Oona A. Hathaway. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D)(Schulz, David) (Entered: 07/22/2021)
2021-07-22Request for Clerk to issue summons as to Department of Defense. (Schulz, David) (Entered: 07/22/2021)
2021-07-22Judge Victor A. Bolden added. (Walker, J.) (Entered: 07/23/2021)
2021-07-223ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER Signed by Judge Victor A. Bolden on 07/22/2021.(Fazekas, J.) (Entered: 07/26/2021)
2021-07-224STANDING PROTECTIVE ORDER Signed by Judge Victor A. Bolden on 07/22/2021.(Fazekas, J.) (Entered: 07/26/2021)
2021-07-232ELECTRONIC SUMMONS ISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *60* days. Attorney *David A. Schulz* *Ballard Spahr LLP* *1675 Broadway 19th Floor* *New York, NY 10019*. (Payton, R.) (Entered: 07/23/2021)
2021-07-265NOTICE TO COUNSEL/SELF-REPRESENTED PARTIES : Counsel or self-represented parties initiating or removing this action are responsible for serving all parties with attached documents and copies of 3 Electronic Filing Order, 1 Complaint, filed by Oona A. Hathaway, 4 Standing Protective Order Signed by Clerk on 07/26/2021.(Fazekas, J.) (Entered: 07/26/2021)
2021-07-276ELECTRONIC SUMMONS REISSUED in accordance with Fed. R. Civ. P. 4 and LR 4 as to *Department of Defense* with answer to complaint due within *30* days. Attorney *David A. Schulz* *Ballard Spahr LLP* *1675 Broadway 19th Floor* *New York, NY 10019*. (Payton, R.) (Entered: 07/27/2021)
2021-08-097SUMMONS Returned Executed by Oona A. Hathaway. Department of Defense served on 8/6/2021, answer due 9/5/2021. (Schulz, David) (Entered: 08/09/2021)
2021-09-078NOTICE of Appearance by Natalie Nicole Elicker on behalf of Department of Defense (Elicker, Natalie) (Entered: 09/07/2021)
2021-09-079Consent MOTION for Extension of Time until Oct. 7, 2021 to File a responsive pleading re 1 Complaint, by Department of Defense. (Elicker, Natalie) (Entered: 09/07/2021)
2021-09-0810ORDER granting 9 Motion for Extension of Time until October 7, 2021 . Signed by Judge Victor A. Bolden on 9/8/2021. (Lee, Diana) (Entered: 09/08/2021)
2021-09-08Answer deadline updated for Department of Defense to 10/7/2021. (Perez, J.) (Entered: 09/08/2021)
2021-10-0711ANSWER to 1 Complaint, with Affirmative Defenses by Department of Defense.(Elicker, Natalie) (Entered: 10/07/2021)
2021-10-2712MOTION for Status Conference by Oona A. Hathaway. (Schulz, David) (Entered: 10/27/2021)
2021-11-0113NOTICE by Department of Defense of Related Cases and Motion to Transfer (Elicker, Natalie) (Entered: 11/01/2021)
2021-11-0214ORDER OF TRANSFER. Case reassigned to Judge Alvin W. Thompson for all further proceedings. Signed by Judge Victor A. Bolden on 11/2/2021.(Perez, J.) (Entered: 11/03/2021)
2021-11-0215ELECTRONIC FILING ORDER FOR COUNSEL - PLEASE ENSURE COMPLIANCE WITH COURTESY COPY REQUIREMENTS IN THIS ORDER. Signed by Judge Alvin W. Thompson on 11-2-2021. (Shafer, J.) (Entered: 11/04/2021)
2021-11-1216MOTION for Status Conference by Oona A. Hathaway. (Attachments: # 1 Request for conference)(Schulz, David) (Entered: 11/12/2021)
2022-02-1117NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 2/11/2022 at 3:00 p.m. before Judge Alvin W. Thompson. The Status Conference will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1601520340?pwd=WXRPVEU0NGNrWWVTLzJvV3dpSktWZz09 and call-in number is +1 (646) 828-7666. Meeting ID: 160 152 0340 Passcode: 035354 Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Ghinaglia Socorro, F.) (Entered: 02/11/2022)
2022-02-1118Minute Entry for proceedings held before Judge Alvin W. Thompson: A status conference was held on 02/11/2022 via Zoom. A follow-up status conference was set for February 28, 2022 at 11:00 a.m. via Zoom. Total Time: 30 minutes. (Ghinaglia Socorro, F.) (Entered: 02/11/2022)
2022-02-2819NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 02/28/2022 at 11:00 a.m. before Judge Alvin W. Thompson. The Status Conference will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1614919762?pwd=K3BZblA1SEVjSkFEbHc5VzNmN0Nmdz09 and call-in number is +1 (646) 828-7666. Meeting ID: 161 491 9762 Passcode: 215835 Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Ghinaglia Socorro, F.) (Entered: 02/28/2022)
2022-02-2820Minute Entry for proceedings held before Judge Alvin W. Thompson: A status conference was held via Zoom on 02/28/2022. A follow-up status conference was set for March 15, 2022 at 2:30 p.m. via Zoom. Total Time: 10 minutes. (Ghinaglia Socorro, F.) (Entered: 02/28/2022)
2022-02-2821NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 03/15/2022 at 2:30 p.m. before Judge Alvin W. Thompson. The Status Conference will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1614965020?pwd=SnFxV3BEWi90NTRFUHpQdGNWanM2QT09 and call-in number is +1 (646) 828-7666. Meeting ID: 161 496 5020 Passcode: 780045 Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Ghinaglia Socorro, F.) (Entered: 02/28/2022)
2022-03-2122ORDER: The plaintiff's motions for status conference (ECF Nos. 12 , 16 ) are hereby DENIED as moot. It is so ordered. Signed by Judge Alvin W. Thompson on 03/21/2022. (Ghinaglia Socorro, F.) (Entered: 03/21/2022)
2022-03-2124NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. RESET FROM 03/15/2022 . Status Conference set for 03/22/2022 at 3:00 p.m. before Judge Alvin W. Thompson. The Status Conference will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1618840087?pwd=RlNXWlVFakMxRms4di83d2dIR1BOdz09 and call-in number is +1 (646) 828-7666. Meeting ID: 161 884 0087 Passcode: 282718 Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Ghinaglia Socorro, F.) (Entered: 03/21/2022)
2022-03-2225Minute Entry for proceedings held before Judge Alvin W. Thompson: A status conference was held via Zoom on 03/22/2022. A follow-up status conference was set for April 5, 2022 at 4:00 p.m. via Zoom. Total Time: 9 minutes. (Ghinaglia Socorro, F.) (Entered: 03/22/2022)
2022-03-2226NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Status Conference set for 04/05/2022 at 4:00 p.m. before Judge Alvin W. Thompson. The Status Conference will be conducted via Zoom. The video link is https://www.zoomgov.com/j/1616709262?pwd=Nk11d0tmWlFjK1AyN2JOd3JsZGNSZz09 and call-in number is +1 (646) 828-7666. Meeting ID: 161 670 9262 Passcode: 717993 Please note: Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, screenshots, streaming, and rebroadcasting in any form, of court proceedings. The Judicial Conference of the United States, which governs the practices of the federal courts, has prohibited it. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. (Ghinaglia Socorro, F.) (Entered: 03/22/2022)
2022-04-0427Joint STATUS REPORT by Oona A. Hathaway. (Schulz, David) (Entered: 04/04/2022)
2022-04-0628Minute Entry for proceedings held before Judge Alvin W. Thompson: A telephonic status conference was held on 04/06/2022. Total Time: 2 minutes. (Ghinaglia Socorro, F.) (Entered: 04/06/2022)
2023-09-1129NOTICE OF E-FILED CALENDAR: THIS IS THE ONLY NOTICE COUNSEL/THE PARTIES WILL RECEIVE. ALL PERSONS ENTERING THE COURTHOUSE MUST PRESENT PHOTO IDENTIFICATION. Telephonic Status Conference set for 9/20/2023 11:00 AM before Judge Alvin W. Thompson. Dial-in instructions have been emailed to counsel of record. Anyone wishing to observe this proceeding should contact chambers at 860-240-3224 to request the dial-in instructions. (Frazier, T.) (Entered: 09/11/2023)
2023-09-2030Minute Entry for proceedings held before Judge Alvin W. Thompson: A status conference was held via Zoom on September 20, 2023. The parties will submit a Joint Status Report on or before March 20, 2024 , and in the event that either party wishes a status conference to be held prior to that date, that party shall file a motion for a status conference. See also Hathaway v. U.S. Department of State at al. , (3:21-cv-691-AWT). Total Time: 14 minutes. (Court Reporter Alicia Cayode Kyles) (Eagan, O.) Modified on 9/22/2023 to correct date for Joint Status Report to March 20, 2024 (Ferguson, L.). (Entered: 09/21/2023)
2023-09-20Set Deadlines: Joint Status Report due by 3/20/2024 (Ferguson, L.) (Entered: 09/22/2023)
2024-03-2031Joint STATUS REPORT by Department of Defense. (Larson, John) (Entered: 03/20/2024)
2024-03-2132ORDER: The parties' Joint Status Report (ECF No. 31 ) is hereby APPROVED. The parties shall file a joint status report on or before September 20, 2024 , and in the event that either party wishes a status conference to be held prior to that date, that party shall file a motion for a status conference. It is so ordered. Signed by Judge Alvin W. Thompson on 3/21/24. (Eagan, O.) (Entered: 03/21/2024)
2024-03-21Set Deadlines: Joint Status Report due by 9/20/2024 (Ferguson, L.) (Entered: 03/22/2024)
2024-09-2033Joint STATUS REPORT by Department of Defense. (Larson, John) (Entered: 09/20/2024)
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