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Case TitleOakes v. United States Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv07591
Date Filed2020-09-16
Date Closed2021-09-09
JudgeJudge Sidney H. Stein
PlaintiffCameron Oakes
Case DescriptionCameron Oakes, a freelance journalist, submitted five FOIA requests to the Department of Defense for records concerning contracts awarded to several companies. The agency acknowledged receipt of the requests but after hearing nothing further from the agency, Oakes filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Defense
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Opinion/Order [11]
Opinion/Order [19]
Opinion/Order [21]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-09-161COMPLAINT against United States Department of Defense. (Filing Fee $ 400.00, Receipt Number ANYSDC-21687335)Document filed by Cameron Oakes. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Exhibit C to Complaint, # 4 Exhibit D to Complaint, # 5 Exhibit E to Complaint, # 6 Exhibit F to Complaint).(Nowak, Kenneth) (Entered: 09/16/2020)
2020-09-162CIVIL COVER SHEET filed..(Nowak, Kenneth) (Entered: 09/16/2020)
2020-09-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Sidney H. Stein. 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 . .(pne) (Entered: 09/17/2020)
2020-09-17Magistrate Judge Katharine H. Parker 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 . (pne) (Entered: 09/17/2020)
2020-09-17Case Designated ECF. (pne) (Entered: 09/17/2020)
2020-09-173REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint,. Document filed by Cameron Oakes..(Nowak, Kenneth) (Entered: 09/17/2020)
2020-09-184ELECTRONIC SUMMONS ISSUED as to United States Department of Defense..(dnh) (Entered: 09/18/2020)
2020-10-215LETTER MOTION for Extension of Time to File Answer addressed to Judge Sidney H. Stein from Alexander J. Hogan dated October 21, 2020. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 10/21/2020)
2020-10-216ORDER: This case has been assigned to this Court for all purposes. Counsel for all parties are required to register promptly as filing users in accordance with the S.D.N.Y. Electronic Case Filing Rules & Instructions. An initial pretrial conference pursuant to Fed. R. Civ. P. 16 is scheduled via teleconference for December 10, 2020, at 10:30 a.m., and as further set forth in this Order. The parties shall dial 888-273-3658 and use access code 7004275 to join the teleconference. Plaintiff's counsel is directed to notify defendant's counsel of this teleconference. Attorneys are directed to consult the Electronic Case Filing Rules & Instructions and Judge Stein's Individual Rules with respect to procedures for matters assigned to him. So ordered. (Initial Conference set for 12/10/2020 at 10:30 AM before Judge Sidney H. Stein). (Signed by Judge Sidney H. Stein on 10/21/2020) (rjm) (Entered: 10/21/2020)
2020-10-217ORDER granting 5 LETTER MOTION for Extension of Time to File Answer addressed to Judge Sidney H. Stein from Alexander J. Hogan dated October 21, 2020. Document filed by United States Department of Defense. Defendant's time to answer the complaint is extended to November 20, 2020. So ordered. United States Department of Defense answer due 11/20/2020. (Signed by Judge Sidney H. Stein on 10/21/2020) (rjm) (Entered: 10/21/2020)
2020-11-208ANSWER to 1 Complaint,. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 11/20/2020)
2020-12-019NOTICE OF APPEARANCE by Raymond Baldino on behalf of Cameron Oakes..(Baldino, Raymond) (Entered: 12/01/2020)
2020-12-0710LETTER addressed to Judge Sidney H. Stein from Alexander J. Hogan dated December 7, 2020 re: letter in advance of initial conference. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 12/07/2020)
2020-12-1011ORDER: A teleconference having been held today, with counsel for all parties participating, IT IS HEREBY ORDERED that: 1. The defendant shall identify all contracts requested by plaintiff by January 15, 2021; 2. The defendant shall produce the contracts in four productions on February 15, 2021, March 15, 2021, April 15, 2021, and May 17, 2021; 3. The parties shall meet and confer regarding the contracts on January 15, 2021; 4. The parties shall file a status report on or before March 1, 2021; and 5. There will be a pretrial conference on April 8, 2021, at 10:00 a.m. (Pretrial Conference set for 4/8/2021 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 12/10/2020) (nb) (Entered: 12/10/2020)
2020-12-10Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 12/10/2020. Counsel for all parties participated. (lab) (Entered: 12/10/2020)
2021-03-0112LETTER addressed to Judge Sidney H. Stein from Alexander J. Hogan dated March 1, 2021 re: status update. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 03/01/2021)
2021-03-0213MOTION for Kenneth I. Nowak to Withdraw as Attorney . Document filed by Cameron Oakes..(Baldino, Raymond) (Entered: 03/02/2021)
2021-03-0314MEMO ENDORSEMENT granting 13 Motion to Withdraw as Attorney. ENDORSEMENT: Motion granted. Attorney Kenneth Ira Nowak terminated (Signed by Judge Sidney H. Stein on 3/3/2021) (cf) (Entered: 03/03/2021)
2021-04-0815ORDER: IT IS HEREBY ORDERED that: 1. The parties shall file a letter regarding the status of this matter on or before May 31, 2021; and 2. There will be a pretrial conference on June 30, 2021, at 10:00 a.m. So ordered. (Pretrial Conference set for 6/30/2021 at 10:00 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 4/8/2021) (rjm) (Entered: 04/08/2021)
2021-05-2716LETTER addressed to Judge Sidney H. Stein from Alexander J. Hogan dated May 27, 2021 re: status update. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 05/27/2021)
2021-05-2717MEMO ENDORSEMENT on re: 16 LETTER addressed to Judge Sidney H. Stein from Alexander J. Hogan dated May 27, 2021 re: status update. Document filed by United States Department of Defense. ENDORSEMENT: The next status report is due by June 28, 2021. So ordered. (Signed by Judge Sidney H. Stein on 5/27/2021) (rjm) (Entered: 05/27/2021)
2021-06-2518LETTER MOTION to Adjourn Conference currently scheduled for June 30 addressed to Judge Sidney H. Stein from Alexander J. Hogan dated June 25, 2021. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 06/25/2021)
2021-06-2819ORDER granting 18 Letter Motion to Adjourn Conference. The next status report is due by July 30, 2021. The status conference is adjourned to August 4, 2021, at 10:00 a.m. Pretrial Conference set for 8/4/2021 at 10:00 AM before Judge Sidney H. Stein.. (Signed by Judge Sidney H. Stein on 6/28/2021) (nb) (Entered: 06/28/2021)
2021-07-2920LETTER MOTION to Adjourn Conference currently scheduled for August 4 in light of the resolution of the merits of this action addressed to Judge Sidney H. Stein from Alexander J. Hogan dated July 29, 2021. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 07/29/2021)
2021-08-0321ORDER granting in part 20 LETTER MOTION to Adjourn Conference currently scheduled for August 4 in light of the resolution of the merits of this action. The status report is due September 29, 2021. The conference will be held on September 29 at 9:00 a.m., unless a stipulation of dismissal is filed before that date. SO ORDERED. Pretrial Conference set for 9/29/2021 at 09:00 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 8/2/2021) (jca) (Entered: 08/03/2021)
2021-09-0922PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Defense..(Hogan, Alexander) (Entered: 09/09/2021)
2021-09-0923STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED, AGREED, and ORDERED as follows: 1. The documents produced by DOD in this action fully resolve any and all claims that Plaintiff now has or may hereinafter acquire against DOD or the United States of America (the "United States"), or any department, agency, officer, or employee of DOD and/or the United States, related to or arising out of the FOIA requests at issue in this action. 2. After the Court has approved and docketed this Stipulation and Order, within a reasonable period of time, DOD shall pay to Plaintiff via electronic funds transfer the sum of TWELVE THOUSAND DOLLARS ($12,000) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept in complete satisfaction of any and all claims by Plaintiff for attorneys' fees, expenses, costs, interest, and any other sums related to this litigation. Counsel for Plaintiff will provide the necessary information for DOD to effectuate payment. 3. This action is hereby dismissed with prejudice, and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction for the purpose of enforcing this Stipulation and Order. 4. This Stipulation and Order shall not constitute an admission of liability or fault on the part of DOD or the United States or their agents, servants, or employees, and is entered into by both parties for the sole purpose of compromising disputed claims and avoiding the expenses and risks of further litigation. 5. The parties agree that this Stipulation and Order will not be used as evidence or otherwise in any pending or future civil or administrative action against DOD, the United States, or any agency or instrumentality of the United States. 6. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. 7. Any obligation of the Government to expend funds under this Stipulation and Order is subject to the availability of appropriations in accordance with the Anti-Deficiency Act, 31 U.S.C. § 1341. This Stipulation and Order shall not be construed to require the Government to obligate or pay funds in contravention of the Anti-Deficiency Act. (Signed by Judge Sidney H. Stein on 9/9/2021) (ate) (Entered: 09/09/2021)
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