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Case TitleNew York Times Company v. Federal Bureau Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv07366
Date Filed2015-09-17
Date Closed2016-04-04
JudgeJudge Paul G. Gardephe
PlaintiffNew York Times Company
Case DescriptionThe New York Times submitted a request to the FBI for records related to the agency's investigation of Hiram Martinez, Jr. between 1988-1993. The agency told the Times that it had closed its investigation but denied access to the records under Exemption 6 (invasion of privacy) and Exemption 7(C) (invasion of privacy concerning law enforcement records). The New York Times appealed the agency's denial to the Office of Information Policy, which upheld the FBI's denial. The New York Times then filed suit.
Complaint issues: Adequacy - Search, Litigation - Attorney's fees

DefendantFederal Bureau Investigation
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2015-09-171COMPLAINT against Federal Bureau Investigation. (Filing Fee $ 400.00, Receipt Number 0208-11399198)Document filed by New York Times Company.(McCraw, David) (Entered: 09/17/2015)
2015-09-172CIVIL COVER SHEET filed. (McCraw, David) (Entered: 09/17/2015)
2015-09-173RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by New York Times Company.(McCraw, David) (Entered: 09/17/2015)
2015-09-174REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by New York Times Company. (McCraw, David) (Entered: 09/17/2015)
2015-09-18***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Edward McCraw. The party information for the following party/parties has been modified: New York Times Company. The information for the party/parties has been modified for the following reason/reasons: addresses and telephone numbers included. (rch) (Entered: 09/18/2015)
2015-09-185ELECTRONIC SUMMONS ISSUED as to Federal Bureau Investigation. (rch) (Entered: 09/18/2015)
2015-09-18***NOTICE TO ATTORNEY REGARDING CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Edward McCraw. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); and 1 (U.S. Government Plaintiff). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 1 (U.S. Government Plaintiff). (rch) (Entered: 09/18/2015)
2015-09-18CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul G. Gardephe. 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 . (rch) (Entered: 09/18/2015)
2015-09-18Magistrate Judge Gabriel W. Gorenstein is so designated. (rch) (Entered: 09/18/2015)
2015-09-18Case Designated ECF. (rch) (Entered: 09/18/2015)
2015-10-056NOTICE OF PRETRIAL CONFERENCE: Initial Conference set for 12/17/2015 at 10:00 AM in Courtroom 705, 40 Centre Street, New York, NY 10007 before Judge Paul G. Gardephe. (As further set forth in this Order.) (Signed by Judge Paul G. Gardephe on 10/5/2015) (kko) (Entered: 10/05/2015)
2015-10-057NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Federal Bureau Investigation. (Sun, Anthony) (Entered: 10/05/2015)
2015-10-268ANSWER to 1 Complaint. Document filed by Federal Bureau Investigation.(Sun, Anthony) (Entered: 10/26/2015)
2015-12-099INITIAL REPORT OF PARTIES BEFORE PRETRIAL CONFERENCE. Joint Submission Document filed by New York Times Company.(McCraw, David) (Entered: 12/09/2015)
2015-12-1010STIPULATION REGARDING AMENDED ANSWER: Defendant filed its Answer to the Complaint in the above-captioned action on October 26, 2015. See Docket No. 8. On December 7, 2015, counsel for Defendant notified Plaintiff's counsel that Defendant wishes to make a substantive amendment to paragraph 3 of its Answer. In accordance with Federal Rule of Civil Procedure 15(a)(2), Plaintiff hereby consents to Defendant's request to amend paragraph 3 of its Answer. (Signed by Judge Paul G. Gardephe on 12/10/2015) (kko) (Entered: 12/10/2015)
2015-12-1011AMENDED ANSWER to 1 Complaint. Document filed by Federal Bureau Investigation. (Sun, Anthony) (Entered: 12/10/2015)
2015-12-1512MEMO ENDORSEMENT on re: 9 Initial Report of Parties Before Pretrial Conference filed by New York Times Company. ENDORSEMENT: The briefing schedule proposed by the parties is adopted by the Court. The Dec.17, 2015 conference is adjourned sine die. (Cross Motions due by 2/2/2016. Motions due by 1/19/2016. Responses due by 2/16/2016. Replies due by 3/1/2016.) (Signed by Judge Paul G. Gardephe on 12/14/2015) (tn) (Entered: 12/15/2015)
2016-01-1613JOINT LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from AUSA Anthony J. Sun dated 1/16/2016. Document filed by Federal Bureau Investigation.(Sun, Anthony) (Entered: 01/16/2016)
2016-01-2114ORDER granting 13 JOINT LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from AUSA Anthony J. Sun dated 1/16/2016. The Application is granted. SO ORDERED. (Motions due by 1/29/2016. Cross Motions due by 2/12/2016.) (Signed by Judge Paul G. Gardephe on 1/21/2016) (adc) (Entered: 01/21/2016)
2016-01-21Set/Reset Deadlines: Responses due by 2/26/2016. Replies due by 3/11/2016. (adc) (Entered: 01/21/2016)
2016-01-2915LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from AUSA Anthony J. Sun dated 1/29/2016. Document filed by Federal Bureau Investigation.(Sun, Anthony) (Entered: 01/29/2016)
2016-02-1016ORDER granting 15 LETTER MOTION for Extension of Time addressed to Judge Paul G. Gardephe from AUSA Anthony J. Sun dated 1/29/2016 re: stay of briefing schedule so-ordered on January 21, 2016. The Application is granted. SO ORDERED. (Signed by Judge Paul G. Gardephe on 2/9/2016) (adc) (Entered: 02/10/2016)
2016-02-2917LETTER addressed to Judge Paul G. Gardephe from David E. McCraw dated February 29, 2016 re: Update from parties regarding status of case. Document filed by New York Times Company.(McCraw, David) (Entered: 02/29/2016)
2016-03-0318MEMO ENDORSEMENT on re: 17 LETTER addressed to Judge Paul G. Gardephe from David E. McCraw dated February 29, 2016 re: Update from parties regarding status of case. ENDORSEMENT: SO ORDERED. (Motions due by 3/22/2016.) (Signed by Judge Paul G. Gardephe on 3/3/2016) (adc) (Entered: 03/03/2016)
2016-03-1719JOINT LETTER MOTION for Extension of Time re briefing schedule for fees motion, if necessary, addressed to Judge Paul G. Gardephe from AUSA Anthony J. Sun dated 3/17/2016. Document filed by Federal Bureau Investigation.(Sun, Anthony) (Entered: 03/17/2016)
2016-03-1820ORDER granting 19 JOINT LETTER MOTION for Extension of Time re briefing schedule for fees motion, if necessary, addressed to Judge Paul G. Gardephe from AUSA Anthony J. Sun dated 3/17/2016. The Application is granted. SO ORDERED. (Motions due by 4/5/2016.) (Signed by Judge Paul G. Gardephe on 3/18/2016) (adc) (Entered: 03/18/2016)
2016-04-0421STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: The documents produced by the FBI fully settle any and all claims Plaintiff now has or may hereafter acquire against the FBI or the United States of America ("United States"), or any department, agency, officer, or employee of the FBI and/or the United States, related to or arising out of Plaintiff's FOIA request at issue in this action. The FBI shall pay to Plaintiff the sum of EIGHT THOUSAND DOLLARS AND NO CENTS ($8,000.00) in attorneys' fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiff agrees to accept as full payment of any attorneys' fees and costs Plaintiff has incurred or will incur in this action for services performed up to the date of this Stipulation and Order. This action is hereby dismissed with prejudice, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. (As further set forth in this Order) (Signed by Judge Paul G. Gardephe on 4/4/2016) (kl) (Entered: 04/04/2016)
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by FOIA Project Staff