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Case TitleThe New York Times Company et al v. National Security Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv02383
Date Filed2015-03-31
Date Closed2016-08-26
JudgeJudge Katherine B. Forrest
PlaintiffThe New York Times Company
PlaintiffCharlie Savage
Case DescriptionNew York Times reporter Charlie Savage submitted a FOIA request to the National Security Agency for certain reports by the NSA Inspector General. Savage also asked for a declassification review. Savage also asked for expedited processing. The NSA denied his request for expedited processing. After hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantNational Security Agency
Documents
Docket
Complaint
Opinion/Order [29]
FOIA Project Annotation: A federal court in New York has ruled that the National Security Agency properly redacted information from several Inspector General reports pertaining to bulk collection of metadata under Exemption 1 (national security). New York Times reporter Charlie Savage had requested the IG reports and had used information he received to write several stories. By the time the court ruled he was challenging only a handful of redactions. As to one redaction, Savage argued that the information was too general to suggest harm to national security. The court sided with the government, noting that "the level of detail contained in the redacted passage [is] not so general that the harm anticipated in the [agency's affidavit] becomes illogical or implausible. The disclosed passage describes how certain NSA programs developed over time to capture particular forms of information and meet particular goals. Although these are not highly technical details, they are certainly at a level that provides insight and clarification about NSA practices and capabilities, precisely the kind of damage [the agency] invoked in its explanation that the redacted limitations are properly classified at the Top Secret level."
Issues: Exemption 1 - Harm to national security
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-03-311COMPLAINT against National Security Agency. (Filing Fee $ 350.00, Receipt Number 465401121330)Document filed by The New York Times Company, Charlie Savage.(moh) (Entered: 04/01/2015)
2015-03-31SUMMONS ISSUED as to National Security Agency. (moh) (Entered: 04/01/2015)
2015-03-31Magistrate Judge Michael H. Dolinger is so designated. (moh) (Entered: 04/01/2015)
2015-03-31Case Designated ECF. (moh) (Entered: 04/01/2015)
2015-03-312CIVIL COVER SHEET filed. (moh) (Entered: 04/01/2015)
2015-04-013RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Charlie Savage, The New York Times Company.(Kutner, Jeremy) (Entered: 04/01/2015)
2015-04-024ORDER. The Court shall hold an initial conference on Wednesday, April 29, 2015 at 10:00 a.m. (Initial Conference set for 4/29/2015 at 10:00 AM before Judge Katherine B. Forrest.) (Signed by Judge Katherine B. Forrest on 4/2/2015) (rjm) (Entered: 04/02/2015)
2015-04-085CERTIFICATE OF SERVICE. National Security Agency served on 4/1/2015, answer due 4/22/2015. Service was made by Mail. Document filed by The New York Times Company; Charlie Savage. (Kutner, Jeremy) (Entered: 04/08/2015)
2015-04-156LETTER MOTION to Adjourn Conference and to reset the corresponding deadline to submit a proposed scheduling order addressed to Judge Katherine B. Forrest from Andrew E. Krause dated April 15, 2015. Document filed by National Security Agency.(Krause, Andrew) (Entered: 04/15/2015)
2015-04-157ORDER granting 6 Letter Motion to Adjourn Conference and to reset the corresponding deadline to submit a proposed scheduling order. A letter setting out how the parties propose to proceed in this matter is certainly fine. The initial conference is adjourned to 5/15/15 at 3:30 pm. (Initial Conference set for 5/15/2015 at 03:30 PM before Judge Katherine B. Forrest). (Signed by Judge Katherine B. Forrest on 4/15/2015) (kko) (Entered: 04/15/2015)
2015-05-048ANSWER to 1 Complaint. Document filed by National Security Agency.(Krause, Andrew) (Entered: 05/04/2015)
2015-05-149ORDER: The initial conference scheduled for Friday, May 15, 2015 shall now take place at 11:00 a.m. Initial Conference set for 5/15/2015 at 11:00 AM before Judge Katherine B. Forrest. (Signed by Judge Katherine B. Forrest on 5/14/2015) (lmb) (Entered: 05/14/2015)
2015-05-15Minute Entry for proceedings held before Judge Katherine B. Forrest: Initial Pretrial Conference held on 5/15/2015. (jp) (Entered: 05/15/2015)
2015-05-1510ENDORSED LETTER addressed to Judge Katherine B. Forrest from Andrew E. Krause dated 5/11/2015 re: The parties submit this joint scheduling proposal in lieu of the Court's standard Scheduling Order form. ENDORSEMENT: Schedule adopted as set forth herein., ( Cross Motions due by 4/1/2016., Motions due by 3/11/2016., Responses due by 4/22/2016., Replies due by 4/29/2016.) (Signed by Judge Katherine B. Forrest on 5/15/2015) (lmb) (Entered: 05/15/2015)
2016-02-1411NOTICE of Withdrawal of Counsel. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 02/14/2016)
2016-02-2912LETTER MOTION for Extension of Time for briefing deadlines for the parties' contemplated cross motions for summary judgment addressed to Judge Katherine B. Forrest from Andrew E. Krause dated February 29, 2016. Document filed by National Security Agency.(Krause, Andrew) (Entered: 02/29/2016)
2016-03-0113ORDER granting 12 Letter Motion for Extension of Time. So ordered. Cross Motions due by 4/12/2016. Motions due by 3/22/2016. Reply due by 5/10/2016. Responses due by 5/3/2016. (Signed by Judge Katherine B. Forrest on 3/1/2016) (lmb) (Entered: 03/01/2016)
2016-03-0214MEMO ENDORSEMENT on re: 11 Notice (Other) filed by The New York Times Company, Charlie Savage. ENDORSEMENT: So ordered., Attorney Jeremy Alexander Kutner terminated. (Signed by Judge Katherine B. Forrest on 3/1/2016) (lmb) (Entered: 03/02/2016)
2016-03-2215MOTION for Summary Judgment . Document filed by National Security Agency.(Krause, Andrew) (Entered: 03/22/2016)
2016-03-2216MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment . . Document filed by National Security Agency. (Krause, Andrew) (Entered: 03/22/2016)
2016-03-2217DECLARATION of David J. Sherman in Support re: 15 MOTION for Summary Judgment .. Document filed by National Security Agency. (Krause, Andrew) (Entered: 03/22/2016)
2016-04-0518NOTICE OF APPEARANCE by Tali Ravit Leinwand on behalf of Charlie Savage, The New York Times Company. (Leinwand, Tali) (Entered: 04/05/2016)
2016-04-1219MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . Document filed by Charlie Savage, The New York Times Company. Responses due by 5/3/2016(McCraw, David) (Entered: 04/12/2016)
2016-04-1220MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 04/12/2016)
2016-04-1221DECLARATION of David E. McCraw in Support re: 19 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment .. Document filed by Charlie Savage, The New York Times Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(McCraw, David) (Entered: 04/12/2016)
2016-04-2522LETTER MOTION for Extension of Time for the NSA to file its reply brief in further support of its motion for summary judgment/opposition to Plaintiffs cross-motion for summary judgment addressed to Judge Katherine B. Forrest from Andrew E. Krause dated April 25, 2016. Document filed by National Security Agency.(Krause, Andrew) (Entered: 04/25/2016)
2016-04-2523ORDER granting 22 Letter Motion for Extension of Time. So ordered. Reply due by 5/20/2016. Responses to Brief due by 5/13/2016. (Signed by Judge Katherine B. Forrest on 4/25/2016) (lmb) Modified on 4/27/2016 (lmb). (Entered: 04/25/2016)
2016-05-1324REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment . and in opposition to Plaintiffs' cross-motion for summary judgment . Document filed by National Security Agency. (Krause, Andrew) (Entered: 05/13/2016)
2016-05-2025REPLY MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 05/20/2016)
2016-05-2526LETTER MOTION for Leave to File sur-reply letter of no more than two pages addressed to Judge Katherine B. Forrest from Andrew E. Krause dated May 25, 2016. Document filed by National Security Agency.(Krause, Andrew) (Entered: 05/25/2016)
2016-05-2527ORDER granting 26 Letter Motion for Leave to File Document. Permission granted. Defendants may file a sur-reply of not more than two pages. (Signed by Judge Katherine B. Forrest on 5/25/2016) (lmb) (Entered: 05/25/2016)
2016-05-2528SECOND REPLY MEMORANDUM OF LAW in Support re: 15 MOTION for Summary Judgment . . Document filed by National Security Agency. (Krause, Andrew) (Entered: 05/25/2016)
2016-08-2529OPINION & ORDER re: 19 MOTION for Summary Judgment and Opposition to Defendant's Motion for Summary Judgment . filed by The New York Times Company, Charlie Savage, 15 MOTION for Summary Judgment . filed by National Security Agency. For the reasons stated above, the National Security Agency's motion for summary judgment is GRANTED and the New York Times Company and Charlie Savage's motion for summary judgment is DENIED. The Clerk of Court is directed to close the motions at docket numbers 15 and 19 and to terminate this matter. As further set forth in this Order) (Signed by Judge Katherine B. Forrest on 8/25/2016) (lmb) (Entered: 08/25/2016)
2016-08-25Transmission to Judgments and Orders Clerk. Transmitted re: 29 Memorandum & Opinion, to the Judgments and Orders Clerk. (lmb) (Entered: 08/25/2016)
2016-08-2630CLERK'S JUDGMENT: It is, ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Opinion & Order dated August 25, 2016, the National Security Agency's motion for summary judgment is granted and the New York Times Company and Charlie Savage's motion for summary judgment is denied; accordingly, the case is closed. (Signed by Clerk of Court Ruby Krajick on 8/26/2016) (Attachments: # 1 Right to Appeal, # 2 Right to Appeal)(km) (Entered: 08/26/2016)
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by FOIA Project Staff