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Case TitleThe New York Times Company et al v. Federal Bureau Of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2015cv09133
Date Filed2015-11-20
Date Closed2016-10-13
JudgeJudge Lewis A. Kaplan
PlaintiffThe New York Times Company
PlaintiffCharlie Savage
Case DescriptionNew York Times reporter Charlie Savage submitted a FOIA request to the FBI for reports of the agency's shooting incident review team and the shooting incident review group since December 2012. He followed up with a second request for the same reports covering a more recent time period. After finding the agency's response unsatisfactory, particularly since Savage knew of various shootings for which the agency had provided no records, he filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

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

2015-11-201COMPLAINT against Federal Bureau Of Investigation. (Filing Fee $ 400.00, Receipt Number 0208-11650838)Document filed by The New York Times Company, Charlie Savage.(McCraw, David) (Entered: 11/20/2015)
2015-11-202CIVIL COVER SHEET filed. (McCraw, David) (Entered: 11/20/2015)
2015-11-203RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 11/20/2015)
2015-11-204REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 11/20/2015)
2015-11-23CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 . (pc) (Entered: 11/23/2015)
2015-11-23Magistrate Judge Debra C. Freeman is so designated. (pc) (Entered: 11/23/2015)
2015-11-23Case Designated ECF. (pc) (Entered: 11/23/2015)
2015-11-235ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (pc) (Entered: 11/23/2015)
2015-12-016ORDER RE SCHEDULING AND INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/12/2016 at 02:30 PM in Courtroom 21B, 500 Pearl Street, New York, NY 10007 before Judge Lewis A. Kaplan. (Signed by Judge Lewis A. Kaplan on 12/1/2015) (mro) (Entered: 12/01/2015)
2015-12-077NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Federal Bureau Of Investigation. (Dolinger, Samuel) (Entered: 12/07/2015)
2016-01-058STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiffs the New York Times Company and Charlie Savage ("Plaintiffs") and for Defendant Federal Bureau of Investigation (the "FBI"), that the FBI's time to respond to Plaintiffs' complaint is extended from December 28, 2015, to and including January 27, 2016. This extension is requested to permit the FBI to determine the scope of Plaintiffs' requests under the Freedom of Information Act ("FOIA"), to determine its position with regard to those requests, and to locate responsive documents. Additionally, the attorneys for Plaintiffs and for the FBI agree to adjourn the initial pretrial conference presently scheduled in this matter for January 12, 2016, until a date convenient to the Court after January 27, 2016. The conference will be held 2/17/16 at 2 pm. Federal Bureau Of Investigation answer due 1/27/2016.( Initial Conference set for 2/17/2016 at 02:00 PM before Judge Lewis A. Kaplan.) (Signed by Judge Lewis A. Kaplan on 1/5/2016) (mro) (Entered: 01/05/2016)
2016-01-269STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiffs the New York Times Company and Charlie Savage ("Plaintiffs") and for Defendant Federal Bureau of Investigation (the "FBI"), that the FBI's time to respond to Plaintiffs' complaint is extended from January 27, 2016, to and including February 26, 2016. This extension is requested to permit the FBI to determine the scope of Plaintiffs' requests under the Freedom of Information Act, to determine its position with regard to those requests, and to locate responsive documents. Additionally, the attorneys for Plaintiffs and for the FBI agree to adjourn the initial pretrial conference presently scheduled in this matter for February 17, 2016, until a date convenient to the Court after February 26, 2016. Federal Bureau Of Investigation answer due 2/26/2016. (Signed by Judge Lewis A. Kaplan on 1/26/2016) (mro) (Entered: 01/26/2016)
2016-02-2510STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for Plaintiffs and for the FBI, that the FBI's time to respond to Plaintiffs' complaint is extended from February 26, 2016, to and including March 4, 2016, and that the initial pretrial conference scheduled for March 2, 2016, is adjourned sine die. Federal Bureau Of Investigation answer due 3/4/2016. (Signed by Judge Lewis A. Kaplan on 2/25/2016) (mro) (Entered: 02/25/2016)
2016-03-0411ANSWER to 1 Complaint. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 03/04/2016)
2016-03-0812LETTER MOTION for Extension of Time for Document Production and Briefing Schedule addressed to Judge Lewis A. Kaplan from David E. McCraw dated March 8, 2016. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 03/08/2016)
2016-03-1413JOINT LETTER addressed to Judge Lewis A. Kaplan dated 3/14/2016 re: proposed production schedule. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 03/14/2016)
2016-03-2314MEMO ENDORSEMENT on re: 13 Letter filed by Federal Bureau Of Investigation. ENDORSEMENT: Approved. (Signed by Judge Lewis A. Kaplan on 3/22/2016) (cf) (Entered: 03/23/2016)
2016-07-2615LETTER addressed to Judge Lewis A. Kaplan from Tali R. Leinwand dated July 26, 2016 re: Case Update and Proposal. Document filed by Charlie Savage, The New York Times Company.(Leinwand, Tali) (Entered: 07/26/2016)
2016-07-2616NOTICE OF APPEARANCE by Tali Ravit Leinwand on behalf of Charlie Savage, The New York Times Company. (Leinwand, Tali) (Entered: 07/26/2016)
2016-08-2517JOINT LETTER addressed to Judge Lewis A. Kaplan from Tali R. Leinwand dated August 25, 2016 re: Case Update and Proposal. Document filed by Charlie Savage, The New York Times Company.(Leinwand, Tali) (Entered: 08/25/2016)
2016-09-0918NOTICE of Withdrawal of Counsel. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 09/09/2016)
2016-09-1519LETTER addressed to Judge Lewis A. Kaplan from Samuel Dolinger dated 9/15/2016 re: status update. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 09/15/2016)
2016-10-0720LETTER addressed to Judge Lewis A. Kaplan from Samuel Dolinger dated 10/7/2016 re: resolution of all remaining issues. Document filed by Federal Bureau Of Investigation.(Dolinger, Samuel) (Entered: 10/07/2016)
2016-10-1321STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. The documents produced by FBI fully settle any and all claims Plaintiffs now have or may hereafter acquire against FBI or the United States of America (the "United States"), or any department, agency, officer, or employee of FBI and/or the United States, related to or arising out of Plaintiffs' FOIA request at issue in this action. 2. FBI shall pay to Plaintiffs the sum of $1,500.00 in attorney's fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept as full payment of any attorney's fees and costs Plaintiffs have incurred or will incur in this action for services performed up to the date of this Stipulation and Order. 3. This Stipulation and Order does not constitute, and shall not be construed as, an admission by FBI or any other department or agency of the United States that Plaintiffs are either eligible or entitled to recover attorney's fees or costs in connection with this matter. 4. 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. 5. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. (Signed by Judge Lewis A. Kaplan on 10/13/2016) (mro) (Entered: 10/13/2016)
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by FOIA Project Staff