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Case TitleLibit v. United States Military Academy et al
DistrictSouthern District of New York
CityWhite Plains
Case Number7:2023cv00845
Date Filed2023-02-01
Date ClosedOpen
JudgeJudge Kenneth M. Karas
PlaintiffDaniel Libit
Case DescriptionDaniel Libit, a sports journalist, submitted a FOIA request to the U.S. Military Academy for records concerning the NCAA Financial Services Report for West Point. The agency acknowledged receipt of the request. The agency denied the request telling Libit that the West Point Athletic Association was not an agency under FOIA. Libit filed an administrative appeal. WPAA responded the next day, contending again that it was not subject to FOIA. Libit then filed suit.
Complaint issues: Failure to respond within statutory time limit, Agency - Federal, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Military Academy
DefendantArmy West Point Athletic Association
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
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Complaint attachment 11
Complaint attachment 12
Complaint attachment 13
Complaint attachment 14
Complaint attachment 15
Complaint attachment 16
Complaint attachment 17
Complaint attachment 18
Complaint attachment 19
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2023-02-011COMPLAINT against ARMY WEST POINT ATHLETIC ASSOCIATION, United States Military Academy. (Filing Fee $ 402.00, Receipt Number ANYSDC-27280615)Document filed by Daniel Libit. (Attachments: # 1 Exhibit AWPAA Registration Statement, # 2 Exhibit AWPAA Form 1023, # 3 Exhibit West Point FOIA Request, # 4 Exhibit West Point Response, # 5 Exhibit AWPAA FOIA Request, # 6 Exhibit AWPAA Response, # 7 Exhibit West Point Administrative Appeal, # 8 Exhibit April 4 2022 Correspondence, # 9 Exhibit Second West Point FOIA Request, # 10 Exhibit Template FOIA Request, # 11 Exhibit West Point Response, # 12 Exhibit AWPAA Response, # 13 Exhibit Third West Point FOIA Request, # 14 Exhibit West Point Response, # 15 Exhibit Second West Point Administrative Appeal, # 16 Exhibit West Point Response, # 17 Exhibit West Point Response, # 18 Exhibit Third West Point Administrative Appeal, # 19 Exhibit West Point Response).(Schulz, David) (Entered: 02/01/2023)
2023-02-012REQUEST FOR ISSUANCE OF SUMMONS as to United States Military Academy, re: 1 Complaint,,,. Document filed by Daniel Libit..(Schulz, David) (Entered: 02/01/2023)
2023-02-013REQUEST FOR ISSUANCE OF SUMMONS as to Army West Point Athletic Association, re: 1 Complaint,,,. Document filed by Daniel Libit..(Schulz, David) (Entered: 02/01/2023)
2023-02-014CIVIL COVER SHEET filed..(Schulz, David) (Entered: 02/01/2023)
2023-02-02***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David A. Schulz. The party information for the following party/parties has been modified: ARMY WEST POINT ATHLETIC ASSOCIATION. The information for the party/parties has been modified for the following reason/reasons: party name was entered in all caps. (sj) (Entered: 02/02/2023)
2023-02-02***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A. Schulz. The following case opening statistical information was erroneously selected/entered: County code Orange. The following correction(s) have been made to your case entry: the County code has been modified to New York. (sj) (Entered: 02/02/2023)
2023-02-02CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Kenneth M. Karas. 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: 02/02/2023)
2023-02-02Magistrate Judge Andrew E. Krause 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: 02/02/2023)
2023-02-02Case Designated ECF. (sj) (Entered: 02/02/2023)
2023-02-025ELECTRONIC SUMMONS ISSUED as to United States Military Academy. (sj) (Entered: 02/02/2023)
2023-02-026ELECTRONIC SUMMONS ISSUED as to Army West Point Athletic Association. (sj) (Entered: 02/02/2023)
2023-03-017AFFIDAVIT OF SERVICE (FOIA CASE). United States Military Academy served on 2/15/2023, answer due 3/17/2023. Service was made by Mail. Document filed by Daniel Libit..(Schulz, David) (Entered: 03/01/2023)
2023-03-018AFFIDAVIT OF SERVICE. Army West Point Athletic Association served on 2/15/2023, answer due 3/8/2023. Service was made by Mail. Document filed by Daniel Libit..(Schulz, David) (Entered: 03/01/2023)
2023-03-069FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Mikhail A. Shah dated March 6, 2023. Document filed by Army West Point Athletic Association..(Shah, Mikhail) (Entered: 03/06/2023)
2023-03-0610ORDER: granting 9 Letter Motion for Extension of Time to Answer re 9 FIRST LETTER MOTION for Extension of Time to File Answer. addressed to Judge Kenneth M. Karas from Mikhail A. Shah dated March 6, 2023. Granted. SO ORDERED. Army West Point Athletic Association answer due 3/31/2023. (Signed by Judge Kenneth M. Karas on 3/05/2023) (ama) (Entered: 03/06/2023)
2023-03-1511NOTICE OF APPEARANCE by Elizabeth J. Kim on behalf of United States Military Academy..(Kim, Elizabeth) (Entered: 03/15/2023)
2023-03-1512LETTER MOTION for Extension of Time for the Government to Respond to the Complaint addressed to Judge Kenneth M. Karas from Elizabeth J. Kim dated March 15, 2023. Document filed by United States Military Academy..(Kim, Elizabeth) (Entered: 03/15/2023)
2023-03-1613ORDER granting 12 Letter Motion for Extension of Time. Granted. So Ordered. (Signed by Judge Kenneth M. Karas on 3/15/23) (yv) (Entered: 03/16/2023)
2023-03-16Set/Reset Deadlines: United States Military Academy answer due 4/17/2023. (yv) (Entered: 03/16/2023)
2023-03-2314LETTER MOTION for Extension of Time to File Answer addressed to Judge Kenneth M. Karas from Mikhail Shah dated March 23, 2023. Document filed by Army West Point Athletic Association..(Shah, Mikhail) (Entered: 03/23/2023)
2023-03-2315ORDER: granting 14 Letter Motion for Extension of Time to Answer re 14 LETTER MOTION for Extension of Time to File Answer. addressed to Judge Kenneth M. Karas from Mikhail Shah dated March 23, 2023. Granted, but there will be no further such extensions. SO ORDERED. Army West Point Athletic Association answer due 4/17/2023. (Signed by Judge Kenneth M. Karas on 3/23/2023) (ama) (Entered: 03/23/2023)
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