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Case TitleInternational Refugee Assistance Project, Inc. v. U.S. Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv06513
Date Filed2022-08-01
Date Closed2023-12-27
JudgeJudge Paul G. Gardephe
PlaintiffInternational Refugee Assistance Project, Inc.
Case DescriptionThe International Refugee Assistant Project submitted a FOIA request to the Department of Defense for records concerning current policies, procedures related to Project Rabbit, which deals with visas for Afghan refugees. IRAP also requested a fee waiver. The agency acknowledged receipt of the request. After hearing nothing further from the agency, IRAP filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-011COMPLAINT against U.S. Department of Defense. (Filing Fee $ 402.00, Receipt Number BNYSDC-26489915)Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Exhibit A (FOIA Request), # 2 Exhibit B (Interim Letter)).(Azmi, Nimra) (Entered: 08/01/2022)
2022-08-012CIVIL COVER SHEET filed..(Azmi, Nimra) (Entered: 08/01/2022)
2022-08-013FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by International Refugee Assistance Project, Inc..(Azmi, Nimra) Modified on 8/2/2022 (sj). (Entered: 08/01/2022)
2022-08-014RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 08/01/2022)
2022-08-02***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Nimra Azmi. The following case opening statistical information was erroneously selected/entered: County code Albany. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj) (Entered: 08/02/2022)
2022-08-02CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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 . .(sj) (Entered: 08/02/2022)
2022-08-02Magistrate Judge Sarah Netburn 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 . (sj) (Entered: 08/02/2022)
2022-08-02Case Designated ECF. (sj) (Entered: 08/02/2022)
2022-08-02***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney Nimra Azmi 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; Defendant's name as to whom the summons request is for must match exactly as pleading on PDF and docket entry. 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. (sj) (Entered: 08/02/2022)
2022-08-045REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Defense, re: 1 Complaint,. Document filed by International Refugee Assistance Project, Inc...(Azmi, Nimra) (Entered: 08/04/2022)
2022-08-056ELECTRONIC SUMMONS ISSUED as to U.S. Department of Defense. (sj) (Entered: 08/05/2022)
2022-08-157NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 11/3/2022 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/15/2022) (ks) (Entered: 08/15/2022)
2022-08-158SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. U.S. Department of Defense served on 8/9/2022, answer due 9/8/2022. Service was accepted by PRINCESS GRINGLY (LEGAL ADMINISTRATIVE) at 1235 S CLARK STREET, SUITE 1540, ARLINGTON, VA 22202. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Appendix Affidavit of mailing upon the U.S. ATTORNEY'S OFFICE, # 2 Supplement Certified Receipt U.S. ATTORNEY'S OFFICE, # 3 Appendix Affidavit of mailing upon the ATTORNEY GENERAL OF THE UNITED STATES, # 4 Supplement Certified Receipt ATTORNEY GENERAL OF THE UNITED STATES).(Azmi, Nimra) (Entered: 08/15/2022)
2022-09-239CERTIFICATE OF SERVICE of Summons and Complaint,. U.S. Department of Defense served on 9/19/2022, answer due 10/11/2022. Service was made by Mail. Document filed by International Refugee Assistance Project, Inc...(Azmi, Nimra) (Entered: 09/23/2022)
2022-10-2110NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of U.S. Department of Defense..(Normand, Sarah) (Entered: 10/21/2022)
2022-10-2111ANSWER to 1 Complaint,. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 10/21/2022)
2022-10-3112JOINT LETTER addressed to Judge Paul G. Gardephe from Sarah S. Normand and Nimra H. Azmi dated October 31, 2022 re: Response to Notice of Pretrial Conference. Document filed by International Refugee Assistance Project, Inc...(Azmi, Nimra) (Entered: 10/31/2022)
2022-11-0113MEMO ENDORSEMENT on re: 12 Letter filed by International Refugee Assistance Project, Inc., ENDORSEMENT: The conference currently scheduled for Thursday, November 3, 2022 is adjourned to Thursday, January 5, 2023, at 10:30 a.m. The parties will file a status report by December 19, 2022 advising the Court on the status of their discussions and proposing a schedule for further proceedings. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/1/2022) ( Initial Conference set for 1/5/2023 at 10:30 AM before Judge Paul G. Gardephe.) (ks) (Entered: 11/01/2022)
2022-12-1914STATUS REPORT. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 12/19/2022)
2022-12-2015MEMO ENDORSEMENT on re: 14 Status Report filed by U.S. Department of Defense. ENDORSEMENT: The conference currently scheduled for January 5, 2023, is adjourned sine die. The parties' proposed schedule is adopted by the Court. The parties will file a joint status report by March 15, 2023. (Signed by Judge Paul G. Gardephe on 12/20/2022) (rro) (Entered: 12/20/2022)
2023-03-1416STATUS REPORT. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 03/14/2023)
2023-03-1617MEMO ENDORSEMENT on re: 16 Status Report filed by U.S. Department of Defense ENDORSEMENT: The parties will file a joint status report by April 28, 2023. SO ORDERED (Signed by Judge Paul G. Gardephe on 3/16/2023) (ks) (Entered: 03/16/2023)
2023-04-2818STATUS REPORT. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 04/28/2023)
2023-05-0119MEMO ENDORSEMENT on re: 18 Status Report filed by U.S. Department of Defense ENDORSEMENT: The parties will file a joint status report by June 28, 2023. SO ORDERED (Signed by Judge Paul G. Gardephe on 5/1/2023) (ks) (Entered: 05/02/2023)
2023-06-2820STATUS REPORT. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 06/28/2023)
2023-06-3021MEMO ENDORSEMENT on re: 20 Status Report filed by International Refugee Assistance Project, Inc. ENDORSEMENT: The parties will file a joint status report by August 16, 2023. SO ORDERED. (Signed by Judge Paul G. Gardephe on 6/30/2023) (vfr) (Entered: 06/30/2023)
2023-07-1122MOTION for Thomas Rohlfs Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27986722. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by International Refugee Assistance Project, Inc.. (Attachments: # 1 Affidavit Declaration of Thomas R. Burke, # 2 Text of Proposed Order Proposed Order).(Burke, Thomas) (Entered: 07/11/2023)
2023-07-12>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 22 MOTION for Thomas Rohlfs Burke to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-27986722. Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (dsh) (Entered: 07/12/2023)
2023-07-1423ORDER GRANTING MOTION FOR ADMISSION PRO HAC VICE granting 22 Motion for Thomas Rohlfs Burke to Appear Pro Hac Vice. (Signed by Judge Paul G. Gardephe on 7/14/2023) (ks) (Entered: 07/14/2023)
2023-08-1624STATUS REPORT. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 08/16/2023)
2023-08-1725NOTICE OF APPEARANCE by John Moses Browning on behalf of International Refugee Assistance Project, Inc...(Browning, John) (Entered: 08/17/2023)
2023-08-2126MEMO ENDORSEMENT on re: 24 Status Report filed by International Refugee Assistance Project, Inc. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 8/21/2023) (tg) Modified on 8/22/2023 (tg). (Entered: 08/22/2023)
2023-09-2027STATUS REPORT. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 09/20/2023)
2023-09-2728MEMO ENDORSEMENT on re: 27 Status Report filed by International Refugee Assistance Project, Inc. ENDORSEMENT: The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 9/27/2023) (rro) (Entered: 09/27/2023)
2023-10-2029STATUS REPORT. Document filed by International Refugee Assistance Project, Inc...(Browning, John) (Entered: 10/20/2023)
2023-11-2030STATUS REPORT. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 11/20/2023)
2023-11-2131MEMO ENDORSEMENT on re: 30 Status Report filed by U.S. Department of Defense ENDORSEMENT: The Application is granted and the parties will submit a further status report on December 20, 2023. SO ORDERED. (Signed by Judge Paul G. Gardephe on 11/21/2023) (ks) (Entered: 11/21/2023)
2023-12-2032STATUS REPORT. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 12/20/2023)
2023-12-2233PROPOSED STIPULATION AND ORDER. Document filed by U.S. Department of Defense..(Normand, Sarah) (Entered: 12/22/2023)
2023-12-2734STIPULATION 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, DOD shall pay to Plaintiff the sum of ten thousand dollars ($10,000.00) in full and final satisfaction of any claim by Plaintiff 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 Defendants counsel to effectuate the transfer. 2. Plaintiff releases and discharges 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 Plaintiff asserted, or could have asserted, in this litigation arising out of Plaintiff's Request. 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. 4. Nothing in this Stipulation and Order shall constitute an admission that Defendant is liable for any attorneys fees or litigation costs. This Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation concerning Plaintiffs claim for attorneys fees and litigation costs. This Stipulation and Order is non-precedential with respect to any other proceeding involving the parties, including, but not limited to, any other FOIA action or administrative proceeding, and shall have no effect or bearing on any pending or future request for records made by Plaintiff under FOIA. 5. This Stipulation and Order contains the entire agreement between the parties, and no statement, representation, promise, or agreement, oral or otherwise, between the parties or their counsel that is not included herein shall have any force or effect. 6. This Stipulation and Order may be executed in counterparts. Facsimile or pdf signatures shall constitute originals. The Clerk of Court is directedto close this case. SO ORDERED. (Signed by Judge Paul G. Gardephe on 12/27/2023) (tg) Transmission to Finance Unit (Cashiers) for processing. (Entered: 12/27/2023)
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