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Case TitlePro Publica, Inc. v. Defense Health Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2023cv10869
Date Filed2023-12-14
Date ClosedOpen
JudgeJudge Paul A. Crotty
PlaintiffPro Publica, Inc.
Case DescriptionProPublica submitted a FOIA request to Defense Health Agency for records concerning diagnoses given to active and retired military personnel who are beneficiaries of Tricare. The agency acknowledged receipt of the request but after hearing nothing further from the agency, ProPublica filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDefense Health Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-12-141COMPLAINT against Defense Health Agency. (Filing Fee $ 405.00, Receipt Number ANYSDC-28695513)Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 12/14/2023)
2023-12-142FILING ERROR - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to Defense Health Agency, re: 1 Complaint. Document filed by Pro Publica, Inc...(Townsend, John) Modified on 12/15/2023 (jgo). (Entered: 12/14/2023)
2023-12-143CIVIL COVER SHEET filed..(Townsend, John) (Entered: 12/14/2023)
2023-12-144RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 12/14/2023)
2023-12-15CASE 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: 12/15/2023)
2023-12-15Magistrate Judge Jennifer Willis is designated to handle matters that may be referred in this case. 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: 12/15/2023)
2023-12-15Case Designated ECF. (jgo) (Entered: 12/15/2023)
2023-12-15***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Michael Townsend to RE-FILE Document No. 2 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; party name whom summons is for must be listed on the PDF 'To' section;. 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: 12/15/2023)
2023-12-155REQUEST FOR ISSUANCE OF SUMMONS as to Defense Health Agency, re: 1 Complaint. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 12/15/2023)
2023-12-186ELECTRONIC SUMMONS ISSUED as to Defense Health Agency..(jgo) (Entered: 12/18/2023)
2023-12-277AFFIDAVIT OF SERVICE of Summons and Complaint. Service was accepted by Estafani B. Deleon, DHA Paralegal, on December 19, 2023. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 12/27/2023)
2024-01-198REQUEST FOR ISSUANCE OF AMENDED SUMMONS as to Defense Health Agency, re: 1 Complaint. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 01/19/2024)
2024-01-229ELECTRONIC AMENDED SUMMONS ISSUED as to Defense Health Agency. (vf) (Entered: 01/22/2024)
2024-01-2310AFFIDAVIT OF SERVICE (FOIA CASE). Defense Health Agency served on 1/22/2024, answer due 2/21/2024. Service was made by Mail. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 01/23/2024)
2024-01-2311AFFIDAVIT OF SERVICE. Service was accepted by Osrick Gordon, Civil Clerk, U.S. Attorney's Office for the Southern District of New York. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 01/23/2024)
2024-01-2312AFFIDAVIT OF SERVICE. Service was accepted by the Department of Justice, Office of the Attorney General of the United States by Mail. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 01/23/2024)
2024-02-1513JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from John M. Townsend, dated February 15, 2024. Document filed by Pro Publica, Inc...(Townsend, John) (Entered: 02/15/2024)
2024-02-2014ORDER granting 13 Letter Motion for Extension of Time to Answer re 13 JOINT LETTER MOTION for Extension of Time to File Answer addressed to Judge Paul A. Crotty from John M. Townsend, dated February 15, 2024. The requested extension is GRANTED. SO ORDERED. (Signed by Judge Paul A. Crotty on 2/20/2024) Defense Health Agency answer due 3/23/2024 (ks) (Entered: 02/20/2024)
2024-02-20Set/Reset Deadlines: Motions due by 3/23/2024. (ks) (Entered: 02/20/2024)
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by FOIA Project Staff
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