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Case TitleKhan v. United States Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv05334
Date Filed2018-06-13
Date ClosedOpen
JudgeJudge Denise L. Cote
PlaintiffAzmat Khan
Case DescriptionAzmat Khan, an investigative journalist, submitted three FOIA requests to the Department of Defense for records concerning credibility assessments and closure report records for a number of airstrike incidents that took place in Iraq and Syria. Khan also requested a fee waiver and expedited processing. The agency granted Khan's request for a fee waiver, but denied her request for expedited processing. After hearing nothing further from the agency pertaining to any of her three requests, Khan filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Expedited processing, Litigation - Attorney's fees

DefendantUnited States Department of Defense
DefendantUnited States Central Command
Documents
Docket
Complaint
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Complaint attachment 14
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-06-131FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against Department of Defense, United States Central Command. (Filing Fee $ 400.00, Receipt Number 0208-15196311)Document filed by Azmat Khan. (Attachments: # 1 Exhibit A - The Uncounted, # 2 Exhibit B - Credibility Assessment & Closure Report for Sep 21 2015 Airstrikes, # 3 Exhibit C - First Request, # 4 Exhibit D - Second Request, # 5 Exhibit E - Third Request, # 6 Exhibit F - First Request Acknowledgement, # 7 Exhibit G - First Request Administrative Appeal, # 8 Exhibit H - Acknowledgment of First Administrative Appeal, # 9 Exhibit I - Second Request Acknowledgement, # 10 Exhibit J - Second Request Administrative Appeal, # 11 Exhibit K - Third Request Acknowledgement, # 12 Exhibit L - Third Request Administrative Appeal, # 13 Exhibit M - Acknowledgement of Third Administrative Appeal, # 14 Exhibit N - Denial of Third Request Administrative Appeal)(Townsend, Katielynn) Modified on 6/14/2018 (pne). (Entered: 06/13/2018)
2018-06-132CIVIL COVER SHEET filed. (Townsend, Katielynn) (Entered: 06/13/2018)
2018-06-133REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, United States Central Command, re: 1 Complaint,,,. Document filed by Azmat Khan. (Townsend, Katielynn) (Entered: 06/13/2018)
2018-06-14CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Denise L. Cote. 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 . (pne) (Entered: 06/14/2018)
2018-06-14Magistrate 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: http://nysd.uscourts.gov/forms.php . (pne) (Entered: 06/14/2018)
2018-06-14Case Designated ECF. (pne) (Entered: 06/14/2018)
2018-06-14***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Katielynn Boyd Townsend. The party information for the following party has been modified: Department of Defense was modified to United States Department of Defense. The information for the party has been modified for the following reason: party name contained a typographical error. (pne) (Entered: 06/14/2018)
2018-06-14***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney Katielynn Boyd Townsend to RE-FILE Document No. 1 Complaint,,,,. The filing is deficient for the following reasons: party name was modified due to a typographical error; the name of one of the parties the pleading is against is incorrect on the docket entry for Document No. 1 . Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (pne) (Entered: 06/14/2018)
2018-06-144ELECTRONIC SUMMONS ISSUED as to United States Central Command, United States Department of Defense. (pne) (Entered: 06/14/2018)
2018-06-155COMPLAINT against United States Central Command, United States Department of Defense. Document filed by Azmat Khan. (Attachments: # 1 Exhibit A - The Uncounted, # 2 Exhibit B - Credibility Assessment & Closure Report for Sep 21 2015 Airstrikes, # 3 Exhibit C - First Request, # 4 Exhibit D - Second Request, # 5 Exhibit E - Third Request, # 6 Exhibit F - First Request Acknowledgement, # 7 Exhibit G - First Request Administrative Appeal, # 8 Exhibit H - Acknowledgement of First Request Administrative Appeal, # 9 Exhibit I - Second Request Acknowledgement, # 10 Exhibit J - Second Request Administrative Appeal, # 11 Exhibit K - Third Request Acknowledgement, # 12 Exhibit L - Third Request Administrative Appeal, # 13 Exhibit M - Acknowledgement of Third Administrative Appeal, # 14 Exhibit N - Denial of Third Request Administrative Appeal)(Townsend, Katielynn) (Entered: 06/15/2018)
2018-06-186NOTICE OF INITIAL PRETRIAL CONFERENCE (Notice): Initial Conference set for 9/7/2018 at 10:30 AM in Courtroom 18B, 500 Pearl Street, New York, NY 10007 before Judge Denise L. Cote. -Please follow the procedures set forth in the Notice. (Signed by Judge Denise L. Cote on 6/18/2018) (gr) (Entered: 06/18/2018)
2018-06-297AFFIDAVIT OF SERVICE (FOIA CASE). United States Central Command served on 6/20/2018, answer due 7/20/2018; United States Department of Defense served on 6/20/2018, answer due 7/20/2018. Service was made by Mail. Document filed by Azmat Khan. (Townsend, Katielynn) (Entered: 06/29/2018)
2018-07-068AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference, Hon. Judge Cote's Individual Practices in Civil Cases, and Electronic Case Filing Rules and Instructions served on United States Department of Defense, United States Central Command on 6/29/18. Service was made by Mail. Document filed by Azmat Khan. (Townsend, Katielynn) (Entered: 07/06/2018)
2018-07-109NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Central Command, United States Department of Defense. (Normand, Sarah) (Entered: 07/10/2018)
2018-07-2610ANSWER to 5 Complaint,,,. Document filed by United States Central Command, United States Department of Defense.(Normand, Sarah) (Entered: 07/26/2018)
2018-09-07Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 9/7/2018. (gr) (Entered: 09/07/2018)
2018-09-0711ORDER: Following the pre-trial conference held on September 7, 2018, it is hereby ORDERED that the parties shall submit a joint proposed schedule for production of documents sought in this case by October 26, 2018. (Signed by Judge Denise L. Cote on 9/7/2018) (gr) (Entered: 09/07/2018)
2018-10-0512NOTICE OF CHANGE OF ADDRESS by Katielynn Boyd Townsend on behalf of Azmat Khan. New Address: Reporters Committee for Freedom of the Press, 1156 15th ST. NW, Ste. 1020, Washington, DC, United States 20005, 2027959300. (Townsend, Katielynn) (Entered: 10/05/2018)
2018-10-2613LETTER addressed to Judge Denise L. Cote from Sarah S. Normand dated October 26, 2018 re: Status Report of defendant United States Central Command's productions of records in response to plaintiff's FOIA requests and a proposed schedule for processing of additional responsive, non-exempt records. Document filed by United States Central Command, United States Department of Defense.(Normand, Sarah) (Entered: 10/26/2018)
2018-11-1314MEMO ENDORSEMENT on re: 13 Letter, filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/13/2018) (rro) (Entered: 11/13/2018)
2018-12-1415JOINT LETTER addressed to Judge Denise L. Cote from Katie Townsend dated December 14, 2018 re: Status Report re defendant United States Central Command's productions of records in response to plaintiff's FOIA requests. Document filed by Azmat Khan.(Townsend, Katielynn) (Entered: 12/14/2018)
2018-12-1416ENDORSED LETTER addressed to Judge Denise L. Cote from Katie Townsend dated December 14, 2018 re: Status Report re defendant United States Central Command's productions of records in response to plaintiff's FOIA requests. ENDORSEMENT: Status report is due 2/15/19. (Signed by Judge Denise L. Cote on 12/14/2018) (gr) (Entered: 12/14/2018)
2018-12-2717STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro) (Entered: 01/02/2019)
2018-12-27Case Stayed (mro) (Entered: 01/14/2019)
2019-02-1518JOINT LETTER addressed to Judge Denise L. Cote from Katie Townsend dated 2/15/19 re: Status Report re Defendant United States Central Command's productions of records in response to Plaintiff's FOIA requests. Document filed by Azmat Khan.(Townsend, Katielynn) (Entered: 02/15/2019)
2019-02-1519ENDORSED LETTER addressed to Judge Denise L. Cote from Katie Townsend dated 2/15/19 re: Status Report re Defendant United States Central Command's productions of records in response to Plaintiff's FOIA requests. ENDORSEMENT: A status report is due 6/10/2019. (Signed by Judge Denise L. Cote on 2/15/2019) (gr) (Entered: 02/15/2019)
2019-06-1020STATUS REPORT. Document filed by United States Central Command, United States Department of Defense.(Normand, Sarah) (Entered: 06/10/2019)
2019-06-1121ENDORSED LETTER addressed to Judge Denise L. Cote from counsel for the parties dated 6/10/2019 re: status of case. ENDORSEMENT: A status report is due 12/1/19. (Signed by Judge Denise L. Cote on 6/10/2019) (gr) (Entered: 06/11/2019)
2019-12-0222STATUS REPORT. Document filed by United States Central Command, United States Department of Defense.(Normand, Sarah) (Entered: 12/02/2019)
2019-12-0423MEMO ENDORSEMENT on re: 22 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: A status report is due 3/1/20. (Signed by Judge Denise L. Cote on 12/4/2019) (cf) (Entered: 12/04/2019)
2020-03-0224STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 03/02/2020)
2020-03-0325MEMO ENDORSEMENT... A status report is due June 1, 2020. (Signed by Judge Denise L. Cote on 3/3/2020) (rg) (Entered: 03/03/2020)
2020-06-0126STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 06/01/2020)
2020-06-0127MEMO ENDORSEMENT on re: 26 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: A status letter is due July 1, 2020. (Signed by Judge Denise L. Cote on 6/1/2020) (jca) (Entered: 06/01/2020)
2020-07-0128STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 07/01/2020)
2020-07-0229MEMO ENDORSEMENT on re: 28 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: A status letter is due August 31, 2020. (Signed by Judge Denise L. Cote on 7/2/2020) (cf) (Entered: 07/02/2020)
2020-08-3130STATUS REPORT. and CENTCOM Request for Modification of Production Schedule Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 08/31/2020)
2020-09-0131MEMO ENDORSEMENT on re: 30 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: The Fourteenth Production is due to Plaintiff on October 30, 2020. A status letter is due December 1, 2020. (Signed by Judge Denise L. Cote on 9/1/2020) (jca) (Entered: 09/01/2020)
2020-12-0132STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 12/01/2020)
2020-12-0133MEMO ENDORSEMENT on re: 32 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: The Sixteenth Production is due to the plaintiff on January 30, 2020. A status letter is due on February 1, 2021. (Signed by Judge Denise L. Cote on 12/1/2020) (jca) (Entered: 12/01/2020)
2021-02-0134STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 02/01/2021)
2021-02-0235MEMO ENDORSEMENT on re: 34 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: A status letter is due on April 1, 2021. (Signed by Judge Denise L. Cote on 2/2/2021) (jca) (Entered: 02/02/2021)
2021-03-3036LETTER MOTION for Extension of Time to Complete CENTCOM's Seventeenth Production of Records and Joint Status Report, addressed to Judge Denise L. Cote from AUSA Sarah S. Normand dated March 30, 3021. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 03/30/2021)
2021-03-3137ORDER granting 36 LETTER MOTION for Extension of Time to Complete CENTCOM's Seventeenth Production of Records and Joint Status Report. The request for an extension is granted. A status letter is due on June 1, 2021. (Signed by Judge Denise L. Cote on 3/31/2021) (jca) (Entered: 03/31/2021)
2021-05-2738FIRST LETTER MOTION for Extension of Time to Complete Processing of Eighteenth Production addressed to Judge Denise L. Cote from AUSA Sarah S. Normand dated May 27, 2021. Document filed by United States Central Command..(Normand, Sarah) (Entered: 05/27/2021)
2021-05-2739ORDER granting 38 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 5/27/2021) (kv) (Entered: 05/27/2021)
2021-06-3040STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 06/30/2021)
2021-06-3041MEMO ENDORSEMENT on re: 40 Status Report filed by United States Central Command. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 6/30/2021) (vfr) (Entered: 06/30/2021)
2021-09-0242STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 09/02/2021)
2021-09-0343MEMO ENDORSEMENT on re: 42 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Granted. A status letter shall be due November 5, 2021. (Signed by Judge Denise L. Cote on 9/3/2021) (vfr) (Entered: 09/03/2021)
2021-11-0544LETTER addressed to Judge Denise L. Cote from AUSA Sarah Normand dated November 5, 2021 re: Status Report. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 11/05/2021)
2021-11-0545MEMO ENDORSEMENT on re: 44 Letter filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 11/5/2021) (vfr) (Entered: 11/05/2021)
2021-11-1546JOINT LETTER addressed to Judge Denise L. Cote from Azmat Khan, United States Department of Defense, United States Central Command, United States Agency for International Development dated November 15, 2021 re: Khan v. United States Department of Defense et al., 21 Civ. 8105. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 11/15/2021)
2022-01-0747STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 01/07/2022)
2022-01-1248MEMO ENDORSEMENT on re: 47 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT : The defendants shall respond by 3/1/22 for the records in dispute. The next status letter is due 4/1/22. (Signed by Judge Denise L. Cote on 1/12/22) (yv) (Entered: 01/13/2022)
2022-04-0149STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 04/01/2022)
2022-04-0550MEMO ENDORSEMENT on re: 49 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Granted. A status letter shall be due by May 16, 2022. (Signed by Judge Denise L. Cote on 4/5/2022) (tg) (Entered: 04/05/2022)
2022-04-29NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Valerie Figueredo. Please note that this is a reassignment of the designation only..(rdz) (Entered: 04/29/2022)
2022-05-1651STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 05/16/2022)
2022-05-1752MEMO ENDORSEMENT on re: 51 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Status request is due 7/15/2022. (Signed by Judge Denise L. Cote on 5/17/2022) (tg) (Entered: 05/17/2022)
2022-07-1553STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 07/15/2022)
2022-07-1554MEMO ENDORSEMENT on re: 53 Status Report filed by Azmat Khan. ENDORSEMENT: Status report is due September 22, 2022. SO ORDERED. (Signed by Judge Denise L. Cote on 7/15/2022) (kv) (Entered: 07/15/2022)
2022-09-2055STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 09/20/2022)
2022-09-2256MEMO ENDORSEMENT on re: 55 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Status report due 11/21/22. (Signed by Judge Denise L. Cote on 9/22/2022) (vfr) (Entered: 09/22/2022)
2022-11-2157STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 11/21/2022)
2022-11-2158MEMO ENDORSEMENT on re: 57 Status Report filed by Azmat Khan. ENDORSEMENT: Granted. Status letter is due 1/23/23. (Signed by Judge Denise L. Cote on 11/21/2022) (vfr) (Entered: 11/21/2022)
2022-12-2959LETTER addressed to Judge Denise L. Cote from AUSA Sarah S. Normand dated December 29, 2022 re: New FOIA Litigation filed by Plaintiff Khan. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 12/29/2022)
2023-01-2360STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 01/23/2023)
2023-01-2661MEMO ENDORSEMENT on re: 60 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/26/2023) (vfr) (Entered: 01/26/2023)
2023-03-2762STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 03/27/2023)
2023-03-2763MEMO ENDORSEMENT on re: 62 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Status report due 5/29/2023. (Signed by Judge Denise L. Cote on 3/27/2023) (tg) (Entered: 03/27/2023)
2023-05-3064STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 05/30/2023)
2023-05-3065MEMO ENDORSEMENT on re: 64 Status Report filed by Azmat Khan. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/30/2023) (vfr) (Entered: 05/30/2023)
2023-07-2566STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 07/25/2023)
2023-07-2567MEMO ENDORSEMENT on re: 66 Status Report filed by Azmat Khan. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/25/2023) (vfr) (Entered: 07/25/2023)
2023-09-2668STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 09/26/2023)
2023-10-0269MEMO ENDORSEMENT on re: 68 Status Report filed by Azmat Khan. ENDORSEMENT: Status letter is due 11/28/2023. (Signed by Judge Denise L. Cote on 10/2/2023) (tg) (Entered: 10/02/2023)
2023-11-2770STATUS REPORT. Document filed by United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 11/27/2023)
2023-11-2871MEMO ENDORSEMENT on re: 70 Status Report filed by United States Department of Defense, United States Central Command. ENDORSEMENT: Status report is due 1/26/24. (Signed by Judge Denise L. Cote on 11/28/2023) (vfr) (Entered: 11/28/2023)
2024-01-2672STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 01/26/2024)
2024-01-2673MEMO ENDORSEMENT on re: 72 Status Report filed by Azmat Khan. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 1/26/2024) (vfr) (Entered: 01/26/2024)
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