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Case TitleKnight First Amendment Institute at Columbia University v. U.S. Department of State et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv03003
Date Filed2022-04-12
Date ClosedOpen
JudgeJudge Dale E. Ho
PlaintiffKnight First Amendment Institute at Columbia University
Case DescriptionThe Knight First Amendment Institute submitted FOIA requests to the Department of State, the Department of Homeland Security, and the Office of the National Director of Intelligence for records concerning the report ordered by Section 3 of the Biden Proclamation, as well as any cover letter, transmittal email, or document attached thereto. The Knight Institute also requested expedited processing and a fee waiver. The agencies acknowledged receipt of the request. The agencies denied the Knight Institute's request for expedited processing but granted its request for a fee waiver. After hearing nothing further from the agencies, the Knight Institute filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Public Interest Fee Waiver, Litigation - Attorney's fees

DefendantU.S. Department of State
DefendantU.S. Department of Homeland Security
DefendantOffice of the Director of National Intelligence
Documents
Docket
Complaint
Complaint attachment 1
Opinion/Order [21]
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-04-121COMPLAINT against Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-25996061)Document filed by Knight First Amendment Institute at Columbia University. (Attachments: # 1 Exhibit A).(Diakun, Anna) (Entered: 04/12/2022)
2022-04-122CIVIL COVER SHEET filed..(Diakun, Anna) (Entered: 04/12/2022)
2022-04-123RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/12/2022)
2022-04-124REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/12/2022)
2022-04-125REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Homeland Security, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/12/2022)
2022-04-126REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 1 Complaint,. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/12/2022)
2022-04-13CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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: 04/13/2022)
2022-04-13Magistrate Judge Ona T. Wang 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: 04/13/2022)
2022-04-13Case Designated ECF. (pc) (Entered: 04/13/2022)
2022-04-137ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence..(pc) (Entered: 04/13/2022)
2022-04-138ELECTRONIC SUMMONS ISSUED as to U.S. Department of State..(pc) (Entered: 04/13/2022)
2022-04-139ELECTRONIC SUMMONS ISSUED as to U.S. Department of Homeland Security..(pc) (Entered: 04/13/2022)
2022-04-2210NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 04/22/2022)
2022-04-2511SUMMONS RETURNED EXECUTED (FOIA CASE). U.S. Department of State served on 4/19/2022, answer due 5/19/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/25/2022)
2022-04-2512SUMMONS RETURNED EXECUTED (FOIA CASE). U.S. Department of Homeland Security served on 4/18/2022, answer due 5/18/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/25/2022)
2022-04-2513SUMMONS RETURNED EXECUTED (FOIA CASE). Office of the Director of National Intelligence served on 4/25/2022, answer due 5/25/2022. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/25/2022)
2022-04-2514SUMMONS RETURNED EXECUTED (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/25/2022)
2022-04-2515SUMMONS RETURNED EXECUTED (FOIA CASE). All Defendants. Service was made by Mail. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 04/25/2022)
2022-05-0916NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/10/2022 at 10:30 AM before Judge Katherine Polk Failla. This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 10, 2022, at 10:30 a.m. The conference will be held telephonically. At the scheduled date and time, the parties are to call (888) 363-4749 and enter access code 5123533. (Signed by Judge Katherine Polk Failla on 5/9/2022) (rro) (Entered: 05/09/2022)
2022-05-0917CERTIFICATE OF SERVICE of Order, Dkt. No. 16 served on Anna Diakun on 5/9/2022. Service was made by email. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 05/09/2022)
2022-05-0918CERTIFICATE OF SERVICE of Order, ECF No. 16 served on U.S. Department of State, U.S. Department of Homeland Security, and Office of the Director of National Intelligence on May 9, 2022. Service was made by email. Document filed by Knight First Amendment Institute at Columbia University..(Diakun, Anna) (Entered: 05/09/2022)
2022-05-1819ANSWER to 1 Complaint,. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 05/18/2022)
2022-08-0320JOINT LETTER MOTION to Adjourn Conference scheduled for August 10, 2022, by one month addressed to Judge Katherine Polk Failla from Samuel Dolinger dated 8/3/2022. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 08/03/2022)
2022-08-0421ORDER granting 20 Letter Motion to Adjourn Conference. The Court is in receipt of the parties' above letter. For the reasons stated above, the initial pretrial conference in this matter is hereby ADJOURNED to September 28, 2022, at 12:00 p.m. The parties are relieved of their obligation to submit a proposed case management plan prior to the conference. The Clerk of Court is directed to terminate the motion at docket entry 20. Initial Conference set for 9/28/2022 at 12:00 PM before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/4/2022) (rro) (Entered: 08/04/2022)
2022-08-0922NOTICE OF APPEARANCE by Caroline Decell on behalf of Knight First Amendment Institute at Columbia University..(Decell, Caroline) (Entered: 08/09/2022)
2022-09-2123LETTER MOTION for Extension of Time to submit pre-conference letter from September 21 to September 23, 2022 addressed to Judge Katherine Polk Failla from Samuel Dolinger dated 9/21/2022. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 09/21/2022)
2022-09-2124ORDER granting 23 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/21/2022) (tg) (Entered: 09/21/2022)
2022-09-2325LETTER addressed to Judge Katherine Polk Failla from Samuel Dolinger dated 9/23/2022 re: joint letter in advance of conference scheduled for September 28, 2022. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 09/23/2022)
2022-09-28Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial/Pre-motion Conference held on 9/28/2022. Attorneys Anna Natalia Diakun and Caroline Decell representing Plaintiff present. Attorney Samuel Hilliard Dolinger representing Defendants present. To the extent the parties agree on a production schedule, the Court adopts such schedule. To the extent that there is no agreement on a production schedule between Plaintiff and State, the Court orders that Defendant review and produce no less than 300 pages per month, and that Defendant submit a status update every 60 days. (Court Reporter recorded) (tn) (Entered: 09/28/2022)
2022-11-2826STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 11/28/2022)
2022-11-2927MEMO ENDORSEMENT on re: 26 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence. ENDORSEMENT: The Court is in receipt of the above status update. Per the Court's September 28, 2022 Order (see Sept. 28, 2022 Minute Entry), Defendants shall submit a further update on or before January 27, 2023. (Signed by Judge Katherine Polk Failla on 11/29/2022) (rro) (Entered: 11/29/2022)
2023-01-2728STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 01/27/2023)
2023-01-3029MEMO ENDORSEMENT on re: 28 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence. ENDORSEMENT: The Court is in receipt of the above status update. Per the Court's September 28, 2022 Order (see Sept. 28, 2022 Minute Entry), Defendants shall submit a further update on or before the earlier of March 28, 2023 or 14 days after Defendants issue their final responses to Plaintiff. (Signed by Judge Katherine Polk Failla on 1/30/2023) (ate) (Entered: 01/30/2023)
2023-03-2830STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 03/28/2023)
2023-03-2931MEMO ENDORSEMENT on re: 30 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence. ENDORSEMENT: The Court is in receipt of the above status update. Defendants shall submit a further update on or before the earlier of May 29, 2023, or 14 days after Defendants issue their final responses to Plaintiff. (Signed by Judge Katherine Polk Failla on 3/29/2023) (rro) (Entered: 03/29/2023)
2023-05-2632STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 05/26/2023)
2023-05-3033MEMO ENDORSEMENT on re: 32 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence. ENDORSEMENT: The Court is in receipt of the above status update. Defendants shall submit a further update on or before the earlier of July 29, 2023, or 14 days after Defendants issue their final responses to Plaintiff. (Signed by Judge Katherine Polk Failla on 5/30/2023) (rro) (Entered: 05/30/2023)
2023-07-2834STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 07/28/2023)
2023-07-3135MEMO ENDORSEMENT on re: 34 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence. ENDORSEMENT: The Court is in receipt of the above status update. Defendants shall submit a further update on or before the earlier of September 29, 2023, or 14 days after Defendants issue their final responses to Plaintiff. (Signed by Judge Katherine Polk Failla on 7/31/2023) (rro) (Entered: 07/31/2023)
2023-09-2936STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 09/29/2023)
2023-10-0237MEMO ENDORSEMENT on re: 36 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence. ENDORSEMENT: The Court is in receipt of the above status update. Defendants shall submit a further update on or before the earlier of November 28, 2023, or 14 days after Defendants issue their final responses to Plaintiff. (Signed by Judge Katherine Polk Failla on 10/2/2023) (rro) (Entered: 10/02/2023)
2023-10-15NOTICE OF CASE REASSIGNMENT to Judge Dale E Ho. Judge Katherine Polk Failla is no longer assigned to the case. (vba) (Entered: 10/15/2023)
2023-10-1738NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Practices, which are available at https://nysd.uscourts.gov/hon-dale-e-ho. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. (Signed by Judge Dale E Ho on 10/16/2023) (ama) (Entered: 10/17/2023)
2023-11-2839STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Dolinger, Samuel) (Entered: 11/28/2023)
2023-11-2940MEMO ENDORSEMENT on re: 39 Status Report filed by U.S. Department of State, U.S. Department of Homeland Security, Office of the Director of National Intelligence ENDORSEMENT: Pursuant to the Court's order dated September 28, 2022, the Agencies shall provide a status update in 60 days or within 14 days of the issuance of the final response. SO ORDERED. (Signed by Judge Dale E. Ho on 11/29/2023) (ks) (Entered: 11/29/2023)
2024-01-2941STATUS REPORT. Document filed by Office of the Director of National Intelligence, U.S. Department of Homeland Security, U.S. Department of State..(Normand, Sarah) (Entered: 01/29/2024)
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