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Case TitleNational Public Radio, Inc. et al v. United States Central Command
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv10511
Date Filed2021-12-08
Date Closed2023-07-07
JudgeJudge Jessica G. L. Clarke
PlaintiffNational Public Radio, Inc.
PlaintiffHansi Lo Wang
Case DescriptionNational Public Radio submitted two FOIA request to U.S. Central Command for records concerning the attempt to kill Abu Bakr al-Baghdadi. NPR also requested expedited processing and a fee waiver. The agency acknowledged of the requests but after hearing nothing further from the agency, NPR filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Central Command
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
Complaint attachment 8
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-081COMPLAINT against United States Central Command. (Filing Fee $ 402.00, Receipt Number ANYSDC-25442433)Document filed by National Public Radio, Inc., Hansi Lo Wang. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H).(Balin, Robert) (Entered: 12/08/2021)
2021-12-082CIVIL COVER SHEET filed..(Balin, Robert) (Entered: 12/08/2021)
2021-12-083RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by National Public Radio, Inc...(Balin, Robert) (Entered: 12/08/2021)
2021-12-084REQUEST FOR ISSUANCE OF SUMMONS as to United States Central Command, re: 1 Complaint,. Document filed by National Public Radio, Inc., Hansi Lo Wang..(Balin, Robert) (Entered: 12/08/2021)
2021-12-085FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint,. Document filed by National Public Radio, Inc., Hansi Lo Wang..(Balin, Robert) Modified on 12/9/2021 (jgo). (Entered: 12/08/2021)
2021-12-086FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Attorney for the Southern District of NY, re: 1 Complaint,. Document filed by National Public Radio, Inc., Hansi Lo Wang..(Balin, Robert) Modified on 12/9/2021 (jgo). (Entered: 12/08/2021)
2021-12-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Crotty. 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 . .(jgo) (Entered: 12/09/2021)
2021-12-09Magistrate Judge Barbara C. Moses 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 . (jgo) (Entered: 12/09/2021)
2021-12-09Case Designated ECF. (jgo) (Entered: 12/09/2021)
2021-12-097ELECTRONIC SUMMONS ISSUED as to United States Central Command..(jgo) (Entered: 12/09/2021)
2021-12-09***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Robert D. Balin to RE-FILE Document No. 6 Request for Issuance of Summons, 5 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name on the 'as to' docket entry text and the PDF 'To' section is not a party of record;. 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. (jgo) (Entered: 12/09/2021)
2022-01-038FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 11 AFFIDAVIT) - AFFIDAVIT OF SERVICE of Summons, Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. §552 et seq. with Exhibits A-H, Civil Cover Sheet, National Public Radio, Inc.'s Corporate Disclosure Statement, Individual Practices of Magistrate Judge Barbara Moses, and Individual Practices of Judge Paul A. Crotty, U.S.D.J. served on United States Central Command on 12/14/2021. Service was made by Mail. Document filed by National Public Radio, Inc...(Balin, Robert) Modified on 1/4/2022 (db). (Entered: 01/03/2022)
2022-01-039FILING ERROR - DEFICIENT DOCKET ENTRY (SEE 12 AFFIDAVIT) - AFFIDAVIT OF SERVICE of Summons, Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. §552 et seq. with Exhibits A-H, Civil Cover Sheet, National Public Radio, Inc.'s Corporate Disclosure Statement, Individual Practices of Magistrate Judge Barbara Moses, and Individual Practices of Judge Paul A. Crotty, U.S.D.J. served on United States Attorney General, U.S. Department of Justice on 12/14/2021. Service was made by Mail. Document filed by National Public Radio, Inc...(Balin, Robert) Modified on 1/4/2022 (db). (Entered: 01/03/2022)
2022-01-0310AFFIDAVIT OF SERVICE of Summons, Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. §552 et seq. with Exhibits A-H, Civil Cover Sheet, National Public Radio, Inc.'s Corporate Disclosure Statement, Individual Practices of Magistrate Judge Barbara Moses, and Individual Practices of Judge Paul A. Crotty, U.S.D.J. served on U.S. Attorney for the Southern District of New York on 12/13/2021. Service was accepted by Ostrick Gordon. Document filed by National Public Radio, Inc...(Balin, Robert) (Entered: 01/03/2022)
2022-01-0411AFFIDAVIT OF SERVICE of Summons, Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. §552 et seq. with Exhibits A-H, Civil Cover Sheet, National Public Radio, Inc.'s Corporate Disclosure Statement, Individual Practices of Magistrate Judge Barbara Moses, and Individual Practices of Judge Paul A. Crotty, U.S.D.J. served on United States Central Command on 12/13/2021. Service was made by Mail. Document filed by National Public Radio, Inc...(Balin, Robert) (Entered: 01/04/2022)
2022-01-0412AFFIDAVIT OF SERVICE of Summons, Complaint for Declaratory and Injunctive Relief for Violation of the Freedom of Information Act, 5 U.S.C. §552 et seq. with Exhibits A-H, Civil Cover Sheet, National Public Radio, Inc.'s Corporate Disclosure Statement, Individual Practices of Magistrate Judge Barbara Moses, and Individual Practices of Judge Paul A. Crotty, U.S.D.J. served on United States Attorney General, U.S. Department of Justice on 12/13/2021. Service was made by Mail. Document filed by National Public Radio, Inc...(Balin, Robert) (Entered: 01/04/2022)
2022-01-1213NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Central Command..(Normand, Sarah) (Entered: 01/12/2022)
2022-01-1214ANSWER to 1 Complaint,. Document filed by United States Central Command..(Normand, Sarah) (Entered: 01/12/2022)
2022-01-1315ORDER FOR INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/26/2022 at 11:15 AM before Judge Paul A. Crotty. (HEREBY ORDERED by Judge Paul A. Crotty) (Text Only Order) (dgo) (Entered: 01/13/2022)
2022-01-2116MOTION for Thomas R. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25620695. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by National Public Radio, Inc., Hansi Lo Wang. (Attachments: # 1 Declaration ISO Motion for PHV, # 2 Text of Proposed Order).(Burke, Thomas) (Entered: 01/21/2022)
2022-01-24>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 16 MOTION for Thomas R. Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-25620695. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (aea) (Entered: 01/24/2022)
2022-01-2417ORDER granting 16 Motion for Thomas R. Burke to Appear Pro Hac Vice. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 01/24/2022)
2022-01-2418INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Document filed by United States Central Command..(Normand, Sarah) (Entered: 01/24/2022)
2022-01-25DOCKET ANNOTATION: Pursuant to the joint letter filed on 1/24/22, the 1/26/22 IPTC is adjourned sine die. The parties are directed to submit a status update on 3/1/22. SO ORDERED.(dgo) (Entered: 01/25/2022)
2022-03-0119STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 03/01/2022)
2022-03-0220MEMO ENDORSEMENT: on re: 19 Status Report filed by United States Central Command. ENDORSEMENT: A status report is due on May 9, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/02/2022) (ama) (Entered: 03/02/2022)
2022-04-2921LETTER MOTION for Extension of Time to make production of records and file status report addressed to Judge Paul A. Crotty from AUSA Sarah S. Normand dated April 29, 2022. Document filed by United States Central Command..(Normand, Sarah) (Entered: 04/29/2022)
2022-04-2922ORDER granting 21 Motion for Extension of Time. The deadline for production of records is extended to May 20, 2022. A status report is due on or before May 23, 2022. SO ORDERED. (HEREBY ORDERED by Judge Paul A. Crotty)(Text Only Order) (dgo) (Entered: 04/29/2022)
2022-05-2323STATUS REPORT. and Request for Nunc Pro Tunc Extension of Production Deadline Document filed by United States Central Command..(Normand, Sarah) (Entered: 05/23/2022)
2022-07-2624STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 07/26/2022)
2022-07-2725MEMO ENDORSEMENT on re: 24 Status Report filed by United States Central Command. ENDORSEMENT: SO ORDERED. (Signed by Judge Paul A. Crotty on 7/27/2022) (vfr) (Entered: 07/27/2022)
2022-09-2626STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 09/26/2022)
2022-09-2827MEMO ENDORSEMENT on re: 26 Status Report filed by United States Central Command. ENDORSEMENT: A further status report is due by November 25, 2022. SO ORDERED. (Signed by Judge Paul A. Crotty on 9/28/2022) (jca) (Entered: 09/28/2022)
2022-11-2528STATUS REPORT. Joint Status Report Document filed by National Public Radio, Inc., Hansi Lo Wang..(Burke, Thomas) (Entered: 11/25/2022)
2022-11-2529NOTICE OF CHANGE OF ADDRESS by Thomas Rohlfs Burke on behalf of National Public Radio, Inc., Hansi Lo Wang. New Address: Davis Wright Tremaine LLP, 50 California Street, 23rd Floor, San Francisco, CA, United States 94111, (415) 276-6500..(Burke, Thomas) (Entered: 11/25/2022)
2023-01-2530STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 01/25/2023)
2023-03-2431STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 03/24/2023)
2023-03-3032MEMO ENDORSEMENT on re: 31 Status Report filed by United States Central Command ENDORSEMENT: A further update is due by May 29, 2023. SO ORDERED. (Signed by Judge Paul A. Crotty on 3/30/2023) (ks) (Entered: 03/30/2023)
2023-05-3033STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 05/30/2023)
2023-06-2934STATUS REPORT. Joint Status Report Document filed by National Public Radio, Inc., Hansi Lo Wang..(Burke, Thomas) (Entered: 06/29/2023)
2023-06-30NOTICE OF CASE REASSIGNMENT to Judge Jessica G. L. Clarke. Judge Paul A. Crotty is no longer assigned to the case. (nb) (Entered: 06/30/2023)
2023-07-0635PROPOSED STIPULATION AND ORDER. Document filed by National Public Radio, Inc...(Burke, Thomas) (Entered: 07/06/2023)
2023-07-0736STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: NOW, THEREFORE, it is hereby STIPULATED and AGREED between the parties as follows: 1. Within a reasonable time after the Court has endorsed and docketed this Stipulation and Order, CENTCOM shall pay to Plaintiffs the sum of eight thousand dollars ($8,000.00) in full and final satisfaction of any claim by Plaintiffs for attorneys' fees and litigation costs in this matter. Payment shall be made by electronic funds transfer, and Plaintiffs' counsel will provide the necessary information to Defendant's counsel to effectuate the transfer. 2. Plaintiffs release and discharge Defendant and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that Plaintiffs asserted, or could have asserted, in this litigation arising out of Plaintiffs' Requests. 3. This action is accordingly dismissed with prejudice and without costs or fees other than as provided in paragraph 1 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that might arise relating to the enforcement of this Stipulation and Order. As further set forth by this Order. The Clerk of Court is directed to dismiss this casewith prejudice and terminate any pending motions. SO ORDERED. (Signed by Judge Jessica G. L. Clarke on 7/7/2023) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 07/07/2023)
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