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Case TitleThe New York Times Company et al v. United States Department of Justice
DistrictSouthern District of New York
CityFoley Square
Case Number1:2014cv03776
Date Filed2014-05-28
Date Closed2016-08-22
JudgeJudge Analisa Torres
PlaintiffThe New York Times Company
PlaintiffCharlie Savage
Case DescriptionNew York Times reporter Charlie Savage submitted a FOIA request to the Department of Justice for the full classified version of the Joint IG Report on the government's surveillance activities under the Foreign Intelligence Surveillance Act. The agency denied the request and Savage appealed to the Office of Information Policy. The appeal is still pending. Savage then submitted a second FOIA request to the Department of Justice for all Inspector Generals Surveillance Reports since September 2001. The agency denied the request, indicating the reports were properly classified. Savage appealed the denial to OIP, but OIP had not yet responded when the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2014-05-281CIVIL COVER SHEET filed. (lcu) (Entered: 05/30/2014)
2014-05-282COMPLAINT against United States Department of Justice. (Filing Fee $ 350.00, Receipt Number 465401096003)Document filed by The New York Times Company, Charlie Savage.(lcu) (Entered: 05/30/2014)
2014-05-28SUMMONS ISSUED as to United States Department of Justice, U.S. Attorney and U.S. Attorney General. (lcu) (Entered: 05/30/2014)
2014-05-28Magistrate Judge Sarah Netburn is so designated. (lcu) (Entered: 05/30/2014)
2014-05-28Case Designated ECF. (lcu) (Entered: 05/30/2014)
2014-06-03NOTICE OF CASE REASSIGNMENT to Judge Analisa Torres. Judge John G. Koeltl is no longer assigned to the case. (pgu) (Entered: 06/03/2014)
2014-06-053INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 8/4/2014 at 04:15 PM in Courtroom 15D, U.S. Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres, and as further set forth. (Signed by Judge Analisa Torres on 6/5/2014) (rjm) (Entered: 06/06/2014)
2014-06-304ANSWER to 2 Complaint. Document filed by United States Department of Justice.(Clopper, John) (Entered: 06/30/2014)
2014-07-035NOTICE OF APPEARANCE by Emily Ewell Daughtry on behalf of United States Department of Justice. (Daughtry, Emily) (Entered: 07/03/2014)
2014-07-316LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from John Clopper dated July 31, 2014. Document filed by United States Department of Justice.(Clopper, John) (Entered: 07/31/2014)
2014-07-317ORDER granting 6 Letter Motion to Adjourn Conference: The parties' request to adjourn the initial pre-trial conference scheduled for August 4, 2014, is GRANTED. The conference is rescheduled to August 13, 2014, at 4:15 p.m. The parties shall submit their joint letter and proposed case management plan by August 11, 2014. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 07/31/2014)
2014-08-118LETTER MOTION to Adjourn Conference addressed to Judge Analisa Torres from John Clopper dated August 11, 2014. Document filed by United States Department of Justice.(Clopper, John) (Entered: 08/11/2014)
2014-08-129ORDER granting 8 Letter Motion to Adjourn Conference: The parties' request to adjourn the initial pre-trial conference scheduled for August 13, 2014, is GRANTED. The conference is rescheduled to August 28, 2014, at 4:00 p.m. (HEREBY ORDERED by Judge Analisa Torres)(Text Only Order) (Torres, Analisa) (Entered: 08/12/2014)
2014-08-2510LETTER addressed to Judge Analisa Torres from John Clopper dated August 25, 2014 re: proposed FOIA processing schedule. Document filed by United States Department of Justice.(Clopper, John) (Entered: 08/25/2014)
2014-08-2611NOTICE OF APPEARANCE by Diana Victoria Baranetsky on behalf of Charlie Savage, The New York Times Company. (Baranetsky, Diana) (Entered: 08/26/2014)
2014-08-2812MEMO ENDORSEMENT on re: 10 Letter filed by United States Department of Justice. ENDORSEMENT: The government shall process responsive documents in accordance with the schedule outlined above. (Signed by Judge Analisa Torres on 8/28/2014) (tn) (Entered: 08/28/2014)
2014-08-28Minute Order Proceedings held before Judge Analisa Torres: Initial Pretrial Conference held on 8/28/2014. (mo) (Entered: 09/03/2014)
2014-12-1913LETTER MOTION for Extension of Time to release document to Plaintiff addressed to Judge Analisa Torres from Emily E. Daughtry dated December 19, 2014. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 12/19/2014)
2014-12-1914ORDER granting 13 Letter Motion for Extension of Time. GRANTED. The deadline for the release for the "702 Report" is extended from December 22, 2014, to January 9, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 12/19/2014) (ajs) (Entered: 12/22/2014)
2015-02-0415LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Emily Daughtry dated 02/04/2015. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 02/04/2015)
2015-02-0416ORDER granting 15 Letter Motion for Extension of Time. GRANTED. Defendant shall complete its processing of the Joint Inspector General Report by April 20, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 2/4/2015) (ajs) (Entered: 02/04/2015)
2015-04-1717LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from Emily E. Daughtry dated April 17, 2015. Document filed by United States Department of Justice.(Daughtry, Emily) (Entered: 04/17/2015)
2015-04-1718ORDER granting 17 Letter Motion for Extension of Time. GRANTED. The deadline is extended from April 20, 2015, to April 24, 2015. SO ORDERED. (Signed by Judge Analisa Torres on 4/17/2015) (ajs) (Entered: 04/20/2015)
2015-05-0619LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from David E. McCraw dated 05/06/2015. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 05/06/2015)
2015-05-0720ORDER granting 19 Letter Motion for Extension of Time. GRANTED. The parties shall file any pre-motion conference requests by May 15, 2015. (Signed by Judge Analisa Torres on 5/7/2015) (mro) (Entered: 05/08/2015)
2015-05-07Set/Reset Deadlines: Motions due by 5/15/2015. (mro) (Entered: 05/08/2015)
2015-05-1521LETTER MOTION for Conference or for Summary Judgment Briefing Schedule addressed to Judge Analisa Torres from John Clopper dated May 15, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 05/15/2015)
2015-05-1822ORDER granting 21 Letter Motion for permission to file cross-motions for summary judgment. GRANTED. The parties shall adhere to the briefing schedule set forth above. (Signed by Judge Analisa Torres on 5/18/2015) (spo) (Entered: 05/18/2015)
2015-05-18Set/Reset Deadlines: Cross Motions due by 8/3/2015. Motions due by 7/21/2015. Responses due by 8/3/2015. Replies due by 9/14/2015. Reply to Response to Brief due by 10/14/2015. Responses to Brief due by 9/14/2015. (spo) (Entered: 05/18/2015)
2015-07-1723LETTER MOTION for Extension of Time addressed to Judge Analisa Torres from John Clopper dated July 17, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 07/17/2015)
2015-07-2024ORDER granting 23 Letter Motion for Extension of Time. GRANTED. The parties shall adhere to the proposed briefing schedule set forth above. SO ORDERED. (Signed by Judge Analisa Torres on 7/20/2015) (ajs) (Entered: 07/21/2015)
2015-07-20Set/Reset Deadlines: Cross Motions due by 10/7/2015. Motions due by 9/16/2015. Responses due by 11/10/2015 Replies due by 12/8/2015. (ajs) (Entered: 07/21/2015)
2015-09-1125LETTER MOTION for Extension of Time for Summary Judgment Briefing addressed to Judge Analisa Torres from David E. McCraw dated 09/11/2015. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 09/11/2015)
2015-09-1126ORDER granting 25 Letter Motion for Extension of Time. GRANTED. The parties shall adhere to the schedule set forth above. SO ORDERED. (Signed by Judge Analisa Torres on 9/11/2015) (ajs) (Entered: 09/11/2015)
2015-09-11Set/Reset Deadlines: Cross Motions due by 11/9/2015. Motions due by 10/7/2015. Responses due by 12/2/2015 Replies due by 1/6/2016. (ajs) (Entered: 09/11/2015)
2015-09-2527LETTER addressed to Judge Analisa Torres from David McCraw dated 9-25-2015 re: Filing of Voluminous Record. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 09/25/2015)
2015-09-2528MEMO ENDORSEMENT on re: 27 Letter filed by The New York Times Company, Charlie Savage. ENDORSEMENT: GRANTED to the extent that Plaintiff shall file on ECF: (1) the report pages containing the challenged redactions, and (2) the report pages cited in Plaintiff's memorandum. Plaintiff shall submit hard copies, as well as an electronic version on a CD, of the entire set of redacted documents. (Signed by Judge Analisa Torres on 9/25/2015) (mro) (Entered: 09/28/2015)
2015-10-0729MOTION for Summary Judgment . Document filed by Charlie Savage, The New York Times Company. Responses due by 11/9/2015(McCraw, David) (Entered: 10/07/2015)
2015-10-0730MEMORANDUM OF LAW in Support re: 29 MOTION for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 10/07/2015)
2015-10-0731DECLARATION of David E. McCraw in Support re: 29 MOTION for Summary Judgment .. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 10/07/2015)
2015-10-0732NOTICE of Excerpts Containing Plaintiffs' Challenged Redactions and Cited Portions of Redacted Material Referenced in Plaintiffs' Memorandum of Law in Support of their Motion for Summary Judgment. Document filed by Charlie Savage, The New York Times Company. (Attachments: # 1 Part 2, # 2 Part 3, # 3 Part 4, # 4 Part 5, # 5 Part 6)(McCraw, David) (Entered: 10/07/2015)
2015-11-0633LETTER MOTION for Extension of Time to file brief addressed to Judge Analisa Torres from John Clopper dated November 6, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 11/06/2015)
2015-11-0934ORDER granting 33 LETTER MOTION for Extension of Time to file brief addressed to Judge Analisa Torres from John Clopper dated November 6, 2015. Document filed by United States Department of Justice. GRANTED. The parties shall adhere to the schedule set forth above. So ordered. (Cross Motions due by 11/16/2015). (Signed by Judge Analisa Torres on 11/9/2015) (rjm) (Entered: 11/09/2015)
2015-11-09Set/Reset Deadlines: Responses due by 12/22/2015. Replies due by 1/22/2016. (rjm) (Entered: 11/09/2015)
2015-11-1335LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from AUSA John Clopper dated November 13, 2015. Document filed by United States Department of Justice.(Clopper, John) (Entered: 11/13/2015)
2015-11-1336NOTICE OF APPEARANCE by Tara Marie La Morte on behalf of United States Department of Justice. (La Morte, Tara) (Entered: 11/13/2015)
2015-11-1637ORDER granting 35 Letter Motion for Extension of Time to File Response/Reply re 29 MOTION for Summary Judgment. GRANTED. The parties shall adhere to the schedule set forth above. (Responses due by 12/11/2015. Replies due by 1/12/2016.) (Signed by Judge Analisa Torres on 11/16/2015) (kko) (Entered: 11/16/2015)
2015-11-16Set/Reset Deadlines: Cross Motions due by 12/11/2015. Responses due by 1/12/2016 Replies due by 2/12/2016. (kko) (Entered: 11/16/2015)
2015-11-16Set/Reset Deadlines as to 29 MOTION for Summary Judgment: Responses due by 12/11/2015. Replies due by 1/12/2016. (kko) (Entered: 11/16/2015)
2015-12-1138CROSS MOTION for Summary Judgment . Document filed by United States Department of Justice.(La Morte, Tara) (Entered: 12/11/2015)
2015-12-1139MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Summary Judgment . Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1140DECLARATION of Mary E. Wilson in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1141DECLARATION of David M. Hardy in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1142DECLARATION of Dr. David J. Sherman in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1143DECLARATION of John Bradford Wiegmann in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1144DECLARATION of Douglas R. Hibbard in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1145DECLARATION of Paul P. Colborn in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(La Morte, Tara) (Entered: 12/11/2015)
2015-12-1146DECLARATION of Tara M. La Morte in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit A)(La Morte, Tara) (Entered: 12/11/2015)
2015-12-1147NOTICE of Classified Filing re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 12/11/2015)
2015-12-1648NOTICE OF APPEARANCE by Elizabeth Tulis on behalf of United States Department of Justice. (Tulis, Elizabeth) (Entered: 12/16/2015)
2016-01-1249REPLY MEMORANDUM OF LAW in Support re: 29 MOTION for Summary Judgment . and in Opposition re: 38 CROSS-MOTION for Summary Judgment . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 01/12/2016)
2016-01-1250DECLARATION of David E. McCraw in Support re: 29 MOTION for Summary Judgment .. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 01/12/2016)
2016-02-1251LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Analisa Torres from Tara M. La Morte dated February 12, 2016. Document filed by United States Department of Justice.(La Morte, Tara) (Entered: 02/12/2016)
2016-02-1452NOTICE of Withdrawal of Counsel. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 02/14/2016)
2016-02-1653ORDER granting 51 Letter Motion for Extension of Time to File Response/Reply re 38 CROSS MOTION for Summary Judgment. GRANTED. Defendant shall adhere to the schedule set forth above. SO ORDERED. Replies due by 2/19/2016. (Signed by Judge Analisa Torres on 2/16/2016) (kko) (Entered: 02/16/2016)
2016-02-1954REPLY MEMORANDUM OF LAW in Support re: 38 CROSS MOTION for Summary Judgment . . Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)
2016-02-1955REPLY AFFIDAVIT of Tara M. La Morte in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(La Morte, Tara) (Entered: 02/19/2016)
2016-02-1956DECLARATION of David J. Sherman (supplemental declaration) in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)
2016-02-1957DECLARATION of David M. Hardy (second declaration) in Support re: 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)
2016-02-1958NOTICE of Classified Filing re: 54 Reply Memorandum of Law in Support of Motion, 38 CROSS MOTION for Summary Judgment .. Document filed by United States Department of Justice. (La Morte, Tara) (Entered: 02/19/2016)
2016-08-1859MEMORANDUM AND ORDER granting 38 Motion for Summary Judgment; denying 29 Motion for Summary Judgment. For the reasons stated above, Plaintiffs' motion for summary judgment is DENIED, and Defendant's motion is GRANTED. The Clerk of Court is directed to terminate the motions at ECF Nos. 29 and 38 and to close the case. SO ORDERED. (As further set forth in this Order.) (Signed by Judge Analisa Torres on 8/18/2016) (kko) (Entered: 08/18/2016)
2016-08-18Transmission to Judgments and Orders Clerk. Transmitted re: 59 Order on Motion for Summary Judgment to the Judgments and Orders Clerk. (kko) (Entered: 08/18/2016)
2016-08-1860ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Sarah Netburn. (Signed by Judge Lorna G. Schofield on 8/18/2016) (kko) (Entered: 08/18/2016)
2016-08-2261CLERK'S JUDGMENT: That for the reasons stated in the Court's Memorandum and Order dated August 18, 2016, Plaintiffs' motion for summary judgment is denied, and Defendant's motion is granted; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/22/2016) (Attachments: # 1 Notice of Right to Appeal, # 2 Notice of Right to Appeal)(dt) (Entered: 08/22/2016)
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by FOIA Project Staff