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Case TitleOsen LLC v. United States Central Command
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv06867
Date Filed2019-07-23
Date ClosedOpen
JudgeJudge John P. Cronan
PlaintiffOsen LLC
Case DescriptionThe law firm Osen LLC, representing victims of international terrorism, submitted FOIA requests to U.S. Central Command for records concerning the existence and use of weapons and explosives as part of terrorist attacks in the Middle East. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, Osen LLC 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
Opinion/Order [26]
Opinion/Order [27]
Opinion/Order [54]
Opinion/Order [75]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-07-231COMPLAINT against United States Central Command. (Filing Fee $ 400.00, Receipt Number ANYSDC-17300037)Document filed by Osen LLC. (Attachments: # 1 Exhibit A)(Radine, Michael) (Entered: 07/23/2019)
2019-07-232CIVIL COVER SHEET filed. (Radine, Michael) (Entered: 07/23/2019)
2019-07-233REQUEST FOR ISSUANCE OF SUMMONS as to United States Central Command, re: 1 Complaint. Document filed by Osen LLC. (Radine, Michael) (Entered: 07/23/2019)
2019-07-234RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Osen LLC.(Radine, Michael) (Entered: 07/23/2019)
2019-07-24***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Michael Jacob Radine. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant). (sj) (Entered: 07/24/2019)
2019-07-24CASE 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 http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (sj) (Entered: 07/24/2019)
2019-07-24Magistrate 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: http://nysd.uscourts.gov/forms.php . (sj) (Entered: 07/24/2019)
2019-07-24Case Designated ECF. (sj) (Entered: 07/24/2019)
2019-07-245ELECTRONIC SUMMONS ISSUED as to United States Central Command. (sj) (Entered: 07/24/2019)
2019-08-286NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/12/2019 at 10:00 AM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 8/28/2019) (ks) (Entered: 08/28/2019)
2019-08-307NOTICE OF APPEARANCE by Casey Kyung-Se Lee on behalf of United States Central Command. (Lee, Casey) (Entered: 08/30/2019)
2019-08-308AFFIDAVIT OF SERVICE of Order dated August 28, 2019 (ECF No. 6) served on United States Central Command on August 30, 2019. Service was accepted by Casey Kyung-Se Lee. Document filed by Osen LLC. (Radine, Michael) (Entered: 08/30/2019)
2019-09-049LETTER MOTION for Extension of Time to Respond to the Complaint addressed to Judge Katherine Polk Failla from Casey K. Lee dated September 4, 2019. Document filed by United States Central Command.(Lee, Casey) (Entered: 09/04/2019)
2019-09-0410ORDER granting 9 Letter Motion for Extension of Time. Application GRANTED. Defendant's time to answer or otherwise respond is hereby extended to September 27, 2019. (Signed by Judge Katherine Polk Failla on 9/4/2019) (cf) (Entered: 09/04/2019)
2019-09-04Set/Reset Deadlines: United States Central Command answer due 9/27/2019. (cf) (Entered: 09/04/2019)
2019-09-2711ANSWER to 1 Complaint. Document filed by United States Central Command.(Lee, Casey) (Entered: 09/27/2019)
2019-12-0312SECOND LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Casey K. Lee dated December 3, 2019. Document filed by United States Central Command.(Lee, Casey) (Entered: 12/03/2019)
2019-12-0313ORDER granting 12 Letter Motion for Extension of Time. Application GRANTED. The deadline for the parties' joint pre-conference letter is hereby extended to January 6, 2020. Additionally, the parties are permitted to file a proposed schedule with their joint letter in lieu of filling out the Court's standard Case Management Plan. Finally, the initial pretrial conference originally scheduled for December 12, 2019, is hereby ADJOURNED to January 14, 2020, at 4:00 p.m. (Signed by Judge Katherine Polk Failla on 12/3/2019) (rro) (Entered: 12/03/2019)
2019-12-03Set/Reset Hearings: Initial Conference set for 1/14/2020 at 04:00 PM before Judge Katherine Polk Failla. (rro) (Entered: 12/03/2019)
2020-01-0614JOINT LETTER addressed to Judge Katherine Polk Failla from Michael J. Radine and Casey K. Lee dated January 6, 2020 re: Joint Pretrial Case Management Letter. Document filed by Osen LLC.(Radine, Michael) (Entered: 01/06/2020)
2020-01-14Minute Entry for proceedings held before Judge Katherine Polk Failla: Initial Pretrial Conference held on 1/14/2020. Attorney Michael Jacob Radine representing Plaintiff present. AUSA Casey Lyung-Se Lee present. By 1/24/2020, the Government shall file a letter regarding the statuses of the pending litigations, how the requests are being processed, and the number of backlog for requests. Defendant's response is due by 1/31/2020. Government is to order a copy of today's transcript. (See transcript). (Court Reporter Kristin Carannante) (tn) Modified on 1/15/2020 (tn). (Entered: 01/15/2020)
2020-01-2415LETTER addressed to Judge Katherine Polk Failla from Casey K. Lee dated January 24, 2020 re: Information Requested at January 14, 2020 Initial Conference. Document filed by United States Central Command. (Attachments: # 1 Exhibit Tables of Pending Litigations)(Lee, Casey) (Entered: 01/24/2020)
2020-01-3016TRANSCRIPT of Proceedings re: CONFERENCE held on 1/14/2020 before Judge Katherine Polk Failla. Court Reporter/Transcriber: Kristen Carannante, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 2/20/2020. Redacted Transcript Deadline set for 3/2/2020. Release of Transcript Restriction set for 4/29/2020.(McGuirk, Kelly) (Entered: 01/30/2020)
2020-01-3017NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 1/14/2020 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(McGuirk, Kelly) (Entered: 01/30/2020)
2020-01-3118LETTER addressed to Judge Katherine Polk Failla from Michael J. Radine dated January 31, 2020 re: Defendant's January 24, 2020 Letter (ECF No. 15) on Information Requested at the January 14, 2020 Initial Conference. Document filed by Osen LLC..(Radine, Michael) (Entered: 01/31/2020)
2020-02-0419MEMO ENDORSEMENT on re: 18 Letter, filed by Osen LLC. ENDORSEMENT: The Court is in receipt of the Government's letter responding to the Court's request for further information (Dkt. #15), and Plaintiff's response (Dkt. #18). After carefully reviewing the parties' submissions, the Court accepts the Government's schedule of 500 pages every two months. However, the Court requests that the Government update the Court as soon as possible if it increases the processing rate for any of the cases listed in its letter. SO ORDERED. (Signed by Judge Katherine Polk Failla on 2/3/2020) (jca) (Entered: 02/04/2020)
2020-02-1420PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by United States Central Command..(Krause, Andrew) (Entered: 02/14/2020)
2020-02-1421CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY:Notice is hereby given that, subject to approval by the court, U.S. Central Command substitutes Andrew E. Krause, State Bar No. 4394672 (NY) as counsel of record in place of Casey K. Lee. The substitution of attorney is hereby approved and so ORDERED. Attorney Andrew Edward Krause for United States Central Command added. Attorney Casey Kyung-Se Lee terminated. (Signed by Judge Katherine Polk Failla on 2/14/2020) (jca) (Entered: 02/14/2020)
2020-04-2722LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Andrew E. Krause dated April 27, 2020. Document filed by United States Central Command..(Krause, Andrew) (Entered: 04/27/2020)
2020-04-2823ORDER granting 22 Letter Motion for Extension of Time. Application GRANTED. Defendant is hereby given until May 15, 2020, for its second production of records. (Signed by Judge Katherine Polk Failla on 4/28/2020) (rro) (Entered: 04/28/2020)
2020-09-2424PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by United States Central Command..(Aronoff, Peter) (Entered: 09/24/2020)
2020-09-2525CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, U.S. Central Command substitutes Peter Aronoff, State Bar No. 5070669 (NY) as counsel in place of Andrew Krause. Contact information for new counsel is as follows: and further set forth in this Order. The substitution of attorney is hereby approved and so ORDERED. (Attorney Peter Max Aronoff for United States Central Command added. Attorney Andrew Edward Krause terminated.) (Signed by Judge Katherine Polk Failla on 9/25/2020) (rro) (Entered: 09/28/2020)
2020-09-29NOTICE OF CASE REASSIGNMENT to Judge John Peter Cronan. Judge Katherine Polk Failla is no longer assigned to the case..(wb) (Entered: 09/30/2020)
2020-10-1326NOTICE OF REASSIGNMENT: This case has been reassigned to the undersigned. All counsel must familiarize themselves with the Court's Individual Rules, which are available at https://www.nysd.uscourts.gov/hon-john-p-cronan. Unless and until the Court orders otherwise, all prior orders, dates, and deadlines shall remain in effect notwithstanding the case's reassignment. In particular, the Order entered by Judge Katherina Polk Failla, U.S. District Court Judge, dated February 4, 2020 (Dkt. 19), remains in effect. The Government remains expected to process 500 pages every two months and should promptly update the Court if it increases the processing rate for any of the cases listed in its January 24, 2020 letter (Dkt. 15). In accordance with the Court's Individual Rules and Practices, requests for extensions or adjournment may be made only by letter-motion filed on ECF and must be received at least 48 hours before the deadline or scheduled appearance, absent compelling circumstances. The written submission must state (1) the original date(s) set for the appearance or deadline(s) and the new date(s) requested; (2) the reason(s) for the request; (3) the number of previous requests for adjournment or extension; (4) whether these previous requests were granted or denied; and (5) whether opposing counsel consents, and, if not, the reasons given by opposing counsel for refusing to consent. (Signed by Judge John P. Cronan on 10/13/2020) (tro) (Entered: 10/13/2020)
2021-06-0127ORDER: This case was reassigned to the undersigned on September 29, 2020. On October 13, 2020, the Court issued a Notice of Reassignment, clarifying that the Order entered by the Honorable Katherine Polk Failla remains in effect. Dkt. 26; see Dkt. 19. The parties are hereby ORDERED to submit a joint letter, no later than June 14, 2021, describing the status of the Government's production. (Signed by Judge John P. Cronan on 6/1/2021) (nb) (Entered: 06/01/2021)
2021-06-1428JOINT LETTER addressed to Judge John P. Cronan from Michael J. Radine and Peter Aronoff dated June 14, 2021 re: status of the Government's production, filed pursuant to the Court's June 1, 2021 Order, ECF No. 27. Document filed by Osen LLC..(Radine, Michael) (Entered: 06/14/2021)
2021-06-1529MEMO ENDORSEMENT re: 28 Letter, filed by Osen LLC. ENDORSEMENT: The parties' request is granted. The parties are directed to file a joint status letter with the Court by September 13, 2021. (Signed by Judge John P. Cronan on 6/15/2021) (nb) (Entered: 06/15/2021)
2021-08-2630NOTICE OF CHANGE OF ADDRESS by Michael Jacob Radine on behalf of Osen LLC. New Address: OSEN LLC, 190 Moore Street, Suite 272, Hackensack, NJ, United States 07601, (201)265-6400..(Radine, Michael) (Entered: 08/26/2021)
2021-09-1331JOINT LETTER addressed to Judge John P. Cronan from Michael J. Radine and Peter Aronoff dated September 13, 2021 re: status of parties' discussions on remaining issues in dispute. Document filed by Osen LLC..(Radine, Michael) (Entered: 09/13/2021)
2021-09-1432MEMO ENDORSEMENT on re: 31 Letter filed by Osen LLC. ENDORSEMENT: The request is granted. The parties shall file a status letter on or before October 13, 2021. (Signed by Judge John P. Cronan on 9/14/2021) (ate) (Entered: 09/14/2021)
2021-10-1333JOINT LETTER addressed to Judge John P. Cronan from Michael J. Radine and Peter Aronoff dated October 13, 2021 re: status of parties' discussions on remaining issues in dispute. Document filed by Osen LLC..(Radine, Michael) (Entered: 10/13/2021)
2021-10-1434MEMO ENDORSEMENT on re: 33 Letter filed by Osen LLC. ENDORSEMENT: The request is granted. The parties shall file an additional status letter on or by November 17, 2021 and continue to file status letters every 30 days thereafter. SO ORDERED. (Signed by Judge John P. Cronan on 10/14/2021) (jca) (Entered: 10/14/2021)
2021-11-1735JOINT LETTER addressed to Judge John P. Cronan from Michael J. Radine and Peter Aronoff dated November 17, 2021 re: status of parties' discussions on remaining issues in dispute. Document filed by Osen LLC..(Radine, Michael) (Entered: 11/17/2021)
2021-12-1736STATUS REPORT. (joint) and proposed schedule for cross-motions for summary judgment Document filed by United States Central Command..(Aronoff, Peter) (Entered: 12/17/2021)
2021-12-2037MEMO ENDORSEMENT: on re: 36 Status Report filed by United States Central Command. ENDORSEMENT: The request is granted. Defendant shall file its motion for summary judgment by March 11, 2022, Plaintiff shall file its opposition to Defendant's motion and cross-motion for summary judgment by April 11, 2022, Defendant shall file its opposition to Plaintiff's cross-motion and reply in further support of its motion by April 29, 2022, and Plaintiff shall file any reply in further support of its cross-motion by May 9, 2022. SO ORDERED., ( Cross Motions due by 4/11/2022., Motions due by 3/11/2022., Responses due by 4/29/2022, Replies due by 5/9/2022.) (Signed by Judge John P. Cronan on 12/20/2021) (ama) (Entered: 12/20/2021)
2022-02-2238JOINT MOTION for Extension of Time of summary judgment schedule . Document filed by United States Central Command..(Aronoff, Peter) (Entered: 02/22/2022)
2022-02-2339ORDER granting 38 Letter Motion for Extension of Time. The request is granted; the parties shall brief summary judgment in accordance with the deadlines set forth in this letter-motion. (Signed by Judge John P. Cronan on 2/23/2022) (rro) (Entered: 02/23/2022)
2022-02-23Set/Reset Deadlines: Cross Motions due by 5/18/2022. Motions due by 4/18/2022. Responses due by 6/7/2022 Replies due by 6/21/2022. (rro) (Entered: 02/23/2022)
2022-04-1340CONSENT LETTER MOTION for Extension of Time of summary judgment briefing schedule addressed to Judge John P. Cronan from Peter Aronoff dated 04/13/2022. Document filed by United States Central Command..(Aronoff, Peter) (Entered: 04/13/2022)
2022-04-1441ORDER granting 40 CONSENT LETTER MOTION for Extension of Time of summary judgment briefing schedule. The request is granted; the parties shall submit briefing in accordance with the proposed schedule. SO ORDERED. (Signed by Judge John P. Cronan on 4/14/2022) (jca) (Entered: 04/14/2022)
2022-04-14Set/Reset Deadlines: Cross Motions due by 6/6/2022. Motions due by 5/6/2022. Responses due by 6/27/2022 Replies due by 7/15/2022. (jca) (Entered: 04/14/2022)
2022-05-0542CONSENT LETTER MOTION for Extension of Time of summary judgment briefing schedule addressed to Judge John P. Cronan from Peter Aronoff dated 5/5/2022. Document filed by United States Central Command..(Aronoff, Peter) (Entered: 05/05/2022)
2022-05-0643ORDER: granting 42 Letter Motion for Extension of Time. The request is granted. Defendant shall move for summary judgment by May 27, 2022, Plaintiff shall cross-move and oppose by July 6, 2022, Defendant shall oppose by July27, 2022, and Plaintiff shall reply by August 16, 2022. SO ORDERED. Cross Motions due by 7/6/2022. Motions due by 5/27/2022. (Signed by Judge John P. Cronan on 5/06/2022) (ama) (Entered: 05/06/2022)
2022-05-06Set/Reset Deadlines: Responses due by 7/27/2022 Replies due by 8/16/2022. (ama) (Entered: 05/06/2022)
2022-05-2644MOTION for Summary Judgment . Document filed by United States Central Command..(Aronoff, Peter) (Entered: 05/26/2022)
2022-05-2645MEMORANDUM OF LAW in Support re: 44 MOTION for Summary Judgment . . Document filed by United States Central Command..(Aronoff, Peter) (Entered: 05/26/2022)
2022-05-2646DECLARATION of Major General Patrick D. Frank in Support re: 44 MOTION for Summary Judgment .. Document filed by United States Central Command. (Attachments: # 1 Exhibit Vaughn index, # 2 Exhibit production 1 pages, # 3 Exhibit production 2 pages, # 4 Exhibit production 3 pages, # 5 Exhibit production 4 pages, # 6 Exhibit production 5 pages, # 7 Exhibit production 6 pages, # 8 Exhibit production 7 pages).(Aronoff, Peter) (Entered: 05/26/2022)
2022-06-1447CONSENT LETTER MOTION for Leave to File Excess Pages in support of Plaintiff's cross-motion for summary judgment and in opposition to U.S. Central Command's motion for summary judgment addressed to Judge John P. Cronan from Michael J. Radine dated June 14, 2022. Document filed by Osen LLC..(Radine, Michael) (Entered: 06/14/2022)
2022-06-1548ORDER: granting 47 Letter Motion for Leave to File Excess Pages. The request is granted; Plaintiff may file a brief of up to 35 pages. SO ORDERED. (Signed by Judge John P. Cronan on 6/15/2022) (ama) (Entered: 06/15/2022)
2022-06-15Terminate Transcript Deadlines (ama) (Entered: 06/15/2022)
2022-07-0649CROSS MOTION for Summary Judgment . Document filed by Osen LLC..(Radine, Michael) (Entered: 07/06/2022)
2022-07-0650MEMORANDUM OF LAW in Support re: 49 CROSS MOTION for Summary Judgment . and in Opposition to 44 Defendant's Motion for Summary Judgment . Document filed by Osen LLC..(Radine, Michael) (Entered: 07/06/2022)
2022-07-0651DECLARATION of Michael J. Radine in Support re: 49 CROSS MOTION for Summary Judgment .. Document filed by Osen LLC. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE (part 1), # 32 Exhibit EE (part 2), # 33 Exhibit EE (part 3), # 34 Exhibit EE (part 4), # 35 Exhibit FF, # 36 Exhibit GG, # 37 Exhibit HH, # 38 Exhibit II, # 39 Exhibit JJ, # 40 Exhibit KK, # 41 Exhibit LL, # 42 Exhibit MM, # 43 Exhibit NN, # 44 Exhibit OO, # 45 Exhibit PP, # 46 Exhibit QQ, # 47 Exhibit RR, # 48 Exhibit SS, # 49 Exhibit TT, # 50 Exhibit UU, # 51 Exhibit VV, # 52 Exhibit WW, # 53 Exhibit XX, # 54 Exhibit YY, # 55 Exhibit ZZ, # 56 Exhibit AAA, # 57 Exhibit BBB, # 58 Exhibit CCC, # 59 Exhibit DDD, # 60 Exhibit EEE, # 61 Exhibit FFF, # 62 Exhibit GGG, # 63 Exhibit HHH, # 64 Exhibit III, # 65 Exhibit JJJ, # 66 Exhibit KKK, # 67 Exhibit LLL).(Radine, Michael) (Entered: 07/06/2022)
2022-07-0752NOTICE OF APPEARANCE by Dina Gielchinsky on behalf of Osen LLC..(Gielchinsky, Dina) (Entered: 07/07/2022)
2022-07-2253JOINT LETTER MOTION to Stay summary judgment briefing schedule without date, and proposal for status report by October 24, 2022 addressed to Judge John P. Cronan from Peter Aronoff dated 7/22/2022. Document filed by United States Central Command..(Aronoff, Peter) (Entered: 07/22/2022)
2022-07-2554ORDER granting 53 Letter Motion to Stay re: 53 JOINT LETTER MOTION to Stay summary judgment briefing schedule without date, and proposal for status report by October 24, 2022 addressed to Judge John P. Cronan from Peter Aronoff dated 7/22/2022. The request is granted. Summary judgment briefing is stayed sine die, and the parties shall file a joint status letter addressing the progress of reprocessing and the status of the case by October 24, 2022. SO ORDERED.. (Signed by Judge John P. Cronan on 7/25/2022) (kv) (Entered: 07/25/2022)
2022-10-2455STATUS REPORT. consent request to maintain stay, and proposal for further status report by November 30, 2022 Document filed by United States Central Command..(Aronoff, Peter) (Entered: 10/24/2022)
2022-10-2556MEMO ENDORSEMENT on re: 55 Status Report filed by United States Central Command. ENDORSEMENT: The requests are granted. Summary judgment briefing shall continue to be stayed, and the parties shall submit an additional status letter by November 30, 2022. SO ORDERED. (Signed by Judge John P. Cronan on 10/25/2022) (jca) (Entered: 10/25/2022)
2022-11-3057STATUS REPORT. unopposed request to maintain stay, and proposal for further status report by January 27, 2023 Document filed by United States Central Command..(Aronoff, Peter) (Entered: 11/30/2022)
2022-12-0158MEMO ENDORSEMENT on re: 57 Status Report filed by United States Central Command. ENDORSEMENT The request is granted. Briefing on the parties' motions for summary judgment shall remain stayed, and the parties shall file a status report by January 27, 2023. Because the parties' motions for summary judgment remain pending on the docket, however, the Court will grant further extensions for reprocessing and subsequent negotiations only if the parties agree to stay this case entirely. If they do not, each party's opposition to summary judgment shall be filed by February 17, 2023, and each party's reply shall be filed by February 24, 2023; these deadlines shall not be extended absent extraordinary circumstances. SO ORDERED. (Replies due by 2/24/2023., Responses due by 2/17/2023) (Signed by Judge John P. Cronan on 12/1/2022) (jca) (Entered: 12/01/2022)
2023-01-2759STATUS REPORT. (joint) Document filed by United States Central Command..(Aronoff, Peter) (Entered: 01/27/2023)
2023-01-3060MEMO ENDORSEMENT on re: 59 Status Report filed by United States Central Command. ENDORSEMENT: The Court accepts the parties' proposals. In advance of their oppositions to summary judgment, which are due by February 17, 2023, the parties shall submit a joint letter setting forth which issues they have resolved through negotiations and which issues remain for the Court to resolve. The parties shall then submit reply briefs by March 3, 2023. SO ORDERED. (Signed by Judge John P. Cronan on 1/30/2023) (jca) (Entered: 01/30/2023)
2023-01-30Set/Reset Deadlines: Replies due by 3/3/2023. (jca) (Entered: 01/30/2023)
2023-02-1661JOINT LETTER addressed to Judge John P. Cronan from Peter Aronoff dated 2/16/2023 re: parties' letter identifying the issues that remain open for summary judgment. Document filed by United States Central Command..(Aronoff, Peter) (Entered: 02/16/2023)
2023-02-1762SECOND MOTION for Summary Judgment . Document filed by United States Central Command. Responses due by 3/3/2023.(Normand, Sarah) (Entered: 02/17/2023)
2023-02-1763MEMORANDUM OF LAW in Support re: 62 SECOND MOTION for Summary Judgment . . Document filed by United States Central Command..(Normand, Sarah) (Entered: 02/17/2023)
2023-02-1764DECLARATION of Major General David S. Doyle in Support re: 62 SECOND MOTION for Summary Judgment .. Document filed by United States Central Command..(Normand, Sarah) (Entered: 02/17/2023)
2023-02-1765NOTICE of Lodging of Classified Document re: 62 SECOND MOTION for Summary Judgment .. Document filed by United States Central Command..(Normand, Sarah) (Entered: 02/17/2023)
2023-02-1766CROSS MOTION for Summary Judgment . Document filed by Osen LLC. Responses due by 3/3/2023.(Radine, Michael) (Entered: 02/17/2023)
2023-02-1767MEMORANDUM OF LAW in Support re: 66 CROSS MOTION for Summary Judgment . and in Opposition to Defendant's Second Motion for Summary Judgment, ECF No. 62 . Document filed by Osen LLC..(Radine, Michael) (Entered: 02/17/2023)
2023-02-1768DECLARATION of Michael J. Radine in Support re: 66 CROSS MOTION for Summary Judgment .. Document filed by Osen LLC. (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, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L (part 1), # 13 Exhibit L (part 2), # 14 Exhibit L (part 3), # 15 Exhibit L (part 4), # 16 Exhibit M, # 17 Exhibit N, # 18 Exhibit O, # 19 Exhibit P, # 20 Exhibit Q, # 21 Exhibit R, # 22 Exhibit S, # 23 Exhibit T).(Radine, Michael) (Entered: 02/17/2023)
2023-03-0269DECLARATION of Major General David S. Doyle (Corrected) in Support re: 62 SECOND MOTION for Summary Judgment .. Document filed by United States Central Command..(Normand, Sarah) (Entered: 03/02/2023)
2023-03-0270MEMORANDUM OF LAW in Support re: 62 SECOND MOTION for Summary Judgment . (CORRECTED) . Document filed by United States Central Command..(Normand, Sarah) (Entered: 03/02/2023)
2023-03-0371REPLY MEMORANDUM OF LAW in Support re: 66 CROSS MOTION for Summary Judgment . . Document filed by Osen LLC..(Radine, Michael) (Entered: 03/03/2023)
2023-03-0372DECLARATION of Michael J. Radine in Support re: 66 CROSS MOTION for Summary Judgment .. Document filed by Osen LLC. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6).(Radine, Michael) (Entered: 03/03/2023)
2023-03-0373REPLY MEMORANDUM OF LAW in Support re: 62 SECOND MOTION for Summary Judgment . and in opposition to plaintiff's renewed cross-motion . Document filed by United States Central Command..(Aronoff, Peter) (Entered: 03/03/2023)
2023-03-2874NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Central Command..(Normand, Sarah) (Entered: 03/28/2023)
2023-09-0175OPINION AND ORDER re: 66 CROSS MOTION for Summary Judgment . filed by Osen LLC, 62 SECOND MOTION for Summary Judgment . filed by United States Central Command. As the Second Circuit has remarked., "[c]ourts are not well-suited to evaluate the constantly evolving military conditions and national security challenges faced by U.S. forces and personnel. Judges do not abdicate their judicial role by acknowledging their limitations and deferring to an agency's logical and plausible justification in the context of national security; they fulfill it.".Am. Civ. Liberties Union v, U.S. Dep't of Just., 901 F.3d 125, 136 (2d Cir. 2018). This case requires the Court to fulfill its judicial role in exactly that manner. While Plaintiffs, clients have a legitimate interest in obtaining the Vehicle Information that Plaintiff seeks, Defendant likewise has a legitimate and vital interest in protecting American interests from national security threats, Courts lack the qualifications and expertise to evaluate those threats and to ascertain what information, if released, would unacceptably enhance them; thus, the law entrusts the officials responsible for protecting national security, not this Court, to make such evaluations and to decide on that basis whether to release or withhold information. There can be no guarantee, of course, that such decisions are correct, but so long as Defendant's reasoning is logical and plausible this Court cannot supplant that reasoning with its own. And because Defendant's reasoning is logical and plausible, its motion for summary judgment is granted, and Plaintiffs motion for summary judgment is denied. Defendant need not produce the Vehicle Information in response to Plaintiff's requests (although, as the parties agree, see, e.g., Unclassified Doyle Declaration paragraph 13 n.2, images or information shall not be redacted where the very same images or information has already been released to Plaintiff in response to a prior request). Within seven days of the public filing of this Opinion and Order, the parties shall submit a joint letter informing the Court of whether this case may be closed, or whether the Court should retain jurisdiction because disputes over the redaction of specific documents remain to be resolved. See Dkt. 61 at 2. The Clerk of Court is respectfully directed to close the motions pending at Docket Numbers 62 and 66. SO ORDERED. (Signed by Judge John P. Cronan on 8/29/2023) (jca) (Entered: 09/01/2023)
2023-09-0876JOINT LETTER addressed to Judge John P. Cronan from Michael Radine dated September 8, 2023 re: Response to the Court's September 1, 2023, Order. Document filed by Osen LLC..(Radine, Michael) (Entered: 09/08/2023)
2023-10-2777JOINT LETTER addressed to Judge John P. Cronan from Michael Radine dated October 27, 2023 re: status update on parties' discussion of protocol for resolving remaining objections to redactions. Document filed by Osen LLC..(Radine, Michael) (Entered: 10/27/2023)
2023-10-3078MEMO ENDORSEMENT on re: 77 Letter filed by Osen LLC ENDORSEMENT The request is granted. The parties shall file a status letter on or before January 26, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 10/30/2023) (jca) (Entered: 10/30/2023)
2024-01-2979STATUS REPORT. (joint) and proposal for further status report by March 26, 2024 Document filed by United States Central Command..(Aronoff, Peter) (Entered: 01/29/2024)
2024-01-3080MEMO ENDORSEMENT on re: 79 Status Report filed by United States Central Command. ENDORSEMENT : The request is granted. The parties shall file a status letter on or before March 26, 2024. SO ORDERED. (Signed by Judge John P. Cronan on 1/30/24) (yv) (Entered: 01/30/2024)
2024-03-2681STATUS REPORT. (joint) Document filed by United States Central Command..(Aronoff, Peter) (Entered: 03/26/2024)
2024-03-2782MEMO ENDORSEMENT on re: 81 Status Report filed by United States Central Command ENDORSEMENT The request is granted. The parties shall file a status letter on or before May 27, 2024, and to allow the parties to continue with discussions on a consensual resolution of this matter, this case is stayed until further order from the Court. The Court finds that imposing a stay at this juncture is appropriate under the five factors examined by courts in this District when imposing a stay. See Kappel v. Comfort, 914 F. Supp. 1056, 1058 (S.D.N.Y. 1996). SO ORDERED. (Signed by Judge John P. Cronan on 3/27/2024) (jca) (Entered: 03/27/2024)
2024-03-27Case Stayed (mhe) (Entered: 03/28/2024)
2024-05-2783STATUS REPORT. (joint) and proposal for further status report by July 29, 2024 Document filed by United States Central Command..(Aronoff, Peter) (Entered: 05/27/2024)
2024-05-2884MEMO ENDORSEMENT on re: 83 Status Report filed by United States Central Command ENDORSEMENT The request is granted. The parties shall file a status letter on or before July 29, 2024. The Court finds that the previously-imposed stay remains at appropriate at this juncture under the five factors examined by courts in this District when imposing a stay. See Kappel v. Comfort, 914 F. Supp. 1056, 1058 (S.D.N.Y. 1996). SO ORDERED. (Signed by Judge John P. Cronan on 5/28/2024) (jca) (Entered: 05/28/2024)
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