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Case TitleKhan v. United States Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv08105
Date Filed2021-09-30
Date ClosedOpen
JudgeJudge Denise L. Cote
PlaintiffAzmat Khan
Case DescriptionAzmat Khan, an investigative journalist, submitted seven FOIA requests to the Central Command, part of the Department of Defense, for records concerning investigations into allegations of civilian casualties resulting from airstrikes in Hawija, Iraq on June 2-3, 2015. Kahn asked for expedited processing and a fee waiver. CENTCOMM acknowledged receipt of the requests and granted Khan's request for a fee waiver but denied his request for expedited processing. Khan also submitted a FOIA request to U.S. Agency for International Development for records concerning civilian casualties associated with Operation Freedom Sentinel. Khan also requested a fee waiver and expedited processing. USAID granted Khan's request for a fee waiver, but denied his request for expedited processing. After hearing nothing further from either agency, Khan filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Defense
DefendantUnited States Central Command
DefendantUnited States Agency for International Development
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
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Complaint attachment 7
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Opinion/Order [19]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-09-301COMPLAINT against United States Agency for International Development, United States Central Command, United States Department of Defense. (Filing Fee $ 402.00, Receipt Number ANYSDC-25131219)Document filed by Azmat Khan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18).(Townsend, Katielynn) (Entered: 09/30/2021)
2021-09-302CIVIL COVER SHEET filed..(Townsend, Katielynn) (Entered: 09/30/2021)
2021-09-303FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, United States Central Command, United States Agency for International Development, re: 1 Complaint,,. Document filed by Azmat Khan..(Townsend, Katielynn) Modified on 10/1/2021 (pc). (Entered: 09/30/2021)
2021-10-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . .(pc) (Entered: 10/01/2021)
2021-10-01Magistrate Judge Gabriel W. Gorenstein 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pc) (Entered: 10/01/2021)
2021-10-01Case Designated ECF. (pc) (Entered: 10/01/2021)
2021-10-01***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Katielynn Boyd Townsend to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): the PDF attached to the docket entry for the issuance of summons is not correct; Create one summons form and use a rider to list each party and their addresses;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (pc) (Entered: 10/01/2021)
2021-10-014REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, United States Central Command, United States Agency for International Development, re: 1 Complaint,,. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 10/01/2021)
2021-10-045ELECTRONIC SUMMONS ISSUED as to United States Agency for International Development, United States Central Command, United States Department of Defense..(jgo) (Entered: 10/04/2021)
2021-10-146ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/6/2022 at 10:30 AM before Judge Colleen McMahon. Parties should dial in at 1(888)363-4749, access code (9054506) to join the conference. (Signed by Judge Colleen McMahon on 10/14/2021) (ks) (Entered: 10/14/2021)
2021-10-197AFFIDAVIT OF SERVICE (FOIA CASE). United States Agency for International Development served on 10/12/2021, answer due 11/12/2021; United States Central Command served on 10/8/2021, answer due 11/8/2021; United States Department of Defense served on 10/7/2021, answer due 11/8/2021. Service was made by Mail. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 10/19/2021)
2021-10-278NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Agency for International Development, United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 10/27/2021)
2021-11-019AFFIDAVIT OF SERVICE of Order Scheduling an Initial Pretrial Conference served on United States Department of Defense, United States Central Command, United States Agency for International Development, United States Attorneys Office on 10/20/2021. Service was made by Mail. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 11/01/2021)
2021-11-0810ANSWER to 1 Complaint,,. Document filed by United States Agency for International Development, United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 11/08/2021)
2021-11-1511JOINT LETTER addressed to Judge Colleen McMahon from Plaintiff Azmat Khan and Defendants United States Department of Defense, United States Central Command, and United States Agency for International Development dated November 15, 2021 re: Initial Meet & Confer. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 11/15/2021)
2021-11-17CASE ACCEPTED AS RELATED. Create association to 1:18-cv-05334-DLC. Notice of Assignment to follow. (aea) (Entered: 11/17/2021)
2021-11-17NOTICE OF CASE REASSIGNMENT to Judge Denise L. Cote. Judge Colleen McMahon is no longer assigned to the case. (aea) (Entered: 11/17/2021)
2021-11-17Magistrate Judge Debra C. Freeman is so redesignated. (aea) (Entered: 11/17/2021)
2021-11-3012NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/14/2022 at 02:30 PM before Judge Denise L. Cote. The parties shall use the following dial-in credentials for the conference. Dial-in: 888-363-4749. Access code: 4324948. The parties shall use a landline if one is available. SO ORDERED. (Signed by Judge Denise L. Cote on 11/30/2021) (rro) (Entered: 11/30/2021)
2021-12-2713FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Gunita Singh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25511593. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Azmat Khan. (Attachments: # 1 Affidavit, # 2 Exhibit, # 3 Text of Proposed Order).(Singh, Gunita) Modified on 12/28/2021 (aea). (Entered: 12/27/2021)
2021-12-28>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 13 MOTION for Gunita Singh to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25511593. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Certificate of Good Standing from Supreme Court of California (not State Bar); Certificate from DC is not legible - the date & signature box are blacked out. Re-file the motion as a Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order. (aea) (Entered: 12/28/2021)
2022-01-0614MOTION for Gunita Singh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Azmat Khan. (Attachments: # 1 Affidavit, # 2 Exhibit A, # 3 Exhibit B, # 4 Text of Proposed Order).(Singh, Gunita) (Entered: 01/06/2022)
2022-01-07>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 14 MOTION for Gunita Singh to Appear Pro Hac Vice . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 01/07/2022)
2022-01-0715ORDER granting 14 Motion for Gunita Singh to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Denise L. Cote)(Text Only Order) (jwh) (Entered: 01/07/2022)
2022-01-0716AFFIDAVIT OF SERVICE of Notice of Initial Pretrial Conference served on Counsel for Defendants on January 3, 2022. Service was made by Mail. Document filed by Azmat Khan. (Attachments: # 1 Affidavit Affidavit of Service).(Townsend, Katielynn) (Entered: 01/07/2022)
2022-01-1317INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by United States Agency for International Development, United States Central Command, United States Department of Defense. (Attachments: # 1 Affidavit, # 2 Affidavit, # 3 Affidavit).(Normand, Sarah) (Entered: 01/13/2022)
2022-01-1418NOTICE OF APPEARANCE by Gunita Singh on behalf of Azmat Khan..(Singh, Gunita) (Entered: 01/14/2022)
2022-01-1419ORDER: Following the pre-trial conference held on January 14, 2022, it is hereby ORDERED that the parties shall submit a joint status letter by February 28, 2022. IT IS FURTHER ORDERED that the parties shall submit a status letter every 60 days thereafter. (Signed by Judge Denise L. Cote on 1/14/2022) (vfr) (Entered: 01/14/2022)
2022-01-14Minute Entry for proceedings held before Judge Denise L. Cote: Initial Pretrial Conference held on 1/14/2022. (jwh) (Entered: 01/20/2022)
2022-02-2820STATUS REPORT. Document filed by United States Agency for International Development, United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 02/28/2022)
2022-03-0121MEMO ENDORSEMENT on re: 20 Status Report filed by United States Department of Defense, United States Central Command, United States Agency for International Development. ENDORSEMENT: Status report is due 5/3/22. (Signed by Judge Denise L. Cote on 3/1/2022) (vfr) (Entered: 03/01/2022)
2022-04-2922LETTER MOTION for Extension of Time to make production of records and file status report addressed to Judge Denise L. Cote from AUSA Sarah S. Normand dated April 29, 2022. Document filed by United States Central Command..(Normand, Sarah) (Entered: 04/29/2022)
2022-04-2923ORDER granting 22 Letter Motion for Extension of Time. GRANTED. (Signed by Judge Denise L. Cote on 4/29/2022) (vfr) (Entered: 04/29/2022)
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. (sac) (Entered: 04/29/2022)
2022-05-1624STATUS REPORT. Document filed by United States Agency for International Development, United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 05/16/2022)
2022-05-1725MEMO ENDORSEMENT on re: 24 Status Report filed by United States Department of Defense, United States Central Command, United States Agency for International Development. ENDORSEMENT: Status report is due 7/15/22. (Signed by Judge Denise L. Cote on 5/17/2022) (ate) Modified on 5/23/2022 (ate). (Entered: 05/17/2022)
2022-07-1526STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 07/15/2022)
2022-07-1527MEMO ENDORSEMENT on re: 26 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)
2022-09-2228STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 09/22/2022)
2022-09-2229MEMO ENDORSEMENT on re: 28 Status Report filed by Azmat Khan. ENDORSEMENT: Status report due 11/21/22. (Signed by Judge Denise L. Cote on 9/22/2022) (vfr) (Entered: 09/22/2022)
2022-10-1930LETTER MOTION for Extension of Time for CENTCOM to make FOIA production addressed to Judge Denise L. Cote from AUSA Sarah S. Normand dated October 19, 2022. Document filed by United States Central Command..(Normand, Sarah) (Entered: 10/19/2022)
2022-10-2031ORDER granting 30 Letter Motion for Extension of Time. Granted. (Signed by Judge Denise L. Cote on 10/20/2022) (vfr) (Entered: 10/20/2022)
2022-11-2132STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 11/21/2022)
2022-11-2133MEMO ENDORSEMENT on re: 32 Status Report filed by Azmat Khan. ENDORSEMENT: Status letter is due 1/20/23. (Signed by Judge Denise L. Cote on 11/21/2022) (vfr) (Entered: 11/21/2022)
2022-12-2934LETTER 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)
2023-01-2035STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 01/20/2023)
2023-01-2036MEMO ENDORSEMENT on re: 35 Status Report filed by Azmat Khan. ENDORSEMENT: Status report due 3/27/23. (Signed by Judge Denise L. Cote on 1/20/2023) (vfr) (Entered: 01/20/2023)
2023-03-2737STATUS REPORT. Document filed by United States Agency for International Development, United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 03/27/2023)
2023-03-2738MEMO ENDORSEMENT on re: 37 Status Report filed by United States Department of Defense, United States Central Command, United States Agency for International Development. ENDORSEMENT: Status report due 5/29/2023. (Signed by Judge Denise L. Cote on 3/27/2023) (tg) (Entered: 03/27/2023)
2023-05-3039STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 05/30/2023)
2023-05-3040MEMO ENDORSEMENT on re: 39 Status Report filed by Azmat Khan. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 5/30/2023) (vfr) (Entered: 05/30/2023)
2023-07-2541STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 07/25/2023)
2023-07-2542MEMO ENDORSEMENT on re: 41 Status Report filed by Azmat Khan. ENDORSEMENT: Granted. (Signed by Judge Denise L. Cote on 7/25/2023) (vfr) (Entered: 07/25/2023)
2023-09-2643STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 09/26/2023)
2023-10-0244MEMO ENDORSEMENT on re: 43 Status Report filed by Azmat Khan. ENDORSEMENT: Status letter is due 11/27/2023. (Signed by Judge Denise L. Cote on 10/2/2023) (tg) (Entered: 10/02/2023)
2023-11-2745STATUS REPORT. Document filed by United States Agency for International Development, United States Central Command, United States Department of Defense..(Normand, Sarah) (Entered: 11/27/2023)
2023-11-2846MEMO ENDORSEMENT on re: 45 Status Report filed by United States Department of Defense, United States Central Command, United States Agency for International Development. ENDORSEMENT: Status report due 1/26/24. (Signed by Judge Denise L. Cote on 11/28/2023) (vfr) (Entered: 11/28/2023)
2024-01-2647STATUS REPORT. Document filed by Azmat Khan..(Townsend, Katielynn) (Entered: 01/26/2024)
2024-01-2648MEMO ENDORSEMENT on re: 47 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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