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Case TitleThe New York Times Company v. Central Intelligence Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv03098
Date Filed2016-04-26
Date Closed2017-05-03
JudgeJudge Jed S. Rakoff
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted a FOIA request to the CIA for records concerning the use of chemical weapons in Iraq. The CIA issued a Glomar response neither confirming nor denying the existence of records. The New York Times appealed the decision, which was upheld. The New York Times then filed suit.
Complaint issues: Determination - Glomar response, Litigation - Attorney's fees

DefendantCentral Intelligence Agency
Documents
Docket
Complaint
Opinion/Order [38]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-04-261COMPLAINT against Central Intelligence Agency. (Filing Fee $ 400.00, Receipt Number 0208-12231092)Document filed by The New York Times Company.(McCraw, David) (Entered: 04/26/2016)
2016-04-262CIVIL COVER SHEET filed. (McCraw, David) (Entered: 04/26/2016)
2016-04-263REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 04/26/2016)
2016-04-264FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company.(McCraw, David) Modified on 4/27/2016 (ldi). (Entered: 04/26/2016)
2016-04-27***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Edward McCraw to RE-FILE Document 4 Rule 7.1 Corporate Disclosure Statement. ERROR(S): Corporate Parents/Other affiliates were not added. Please re-file this document and when prompted: Are there any corporate parents or other affiliates?, select the YES radio button and enter the Corporate Parent(s) or Affiliate(s). (ldi) (Entered: 04/27/2016)
2016-04-275ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (rch) (Entered: 04/27/2016)
2016-04-27CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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: 04/27/2016)
2016-04-27Magistrate Judge Kevin Nathaniel Fox is so designated. (rch) (Entered: 04/27/2016)
2016-04-27Case Designated ECF. (rch) (Entered: 04/27/2016)
2016-04-276RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Finaciero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 04/27/2016)
2016-04-277NOTICE OF COURT CONFERENCE: The Honorable Jed S. Rakoff, U.S.D.J. has ordered that counsel for all parties attend a conference, at the time and place fixed below, for the purpose of case management and scheduling pursuant to Fed. R. Civ. P. 16. DATE AND PLACE OF CONFERENCE: 05-3-2016, AT THE UNITED STATES COURTHOUSE, 500 PEARL STREET, NEW YORK, N.Y. IN COURTROOM 14-B AT 3:30. SO ORDERED. Initial Conference set for 5/3/2016 at 03:30 PM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/27/2016) (ama) (Entered: 04/27/2016)
2016-04-278NOTICE OF APPEARANCE by Tali Ravit Leinwand on behalf of The New York Times Company. (Leinwand, Tali) (Entered: 04/27/2016)
2016-04-289NOTICE OF APPEARANCE by Leigh Aaron Wasserstrom on behalf of Central Intelligence Agency. (Wasserstrom, Leigh) (Entered: 04/28/2016)
2016-04-28Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/28/2016. (Kotowski, Linda) (Entered: 05/02/2016)
2016-04-28Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 4/28/2016. (Kotowski, Linda) (Entered: 05/02/2016)
2016-05-12Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 5/12/2016. Argument set for cross motions on summary judgment on August 17, 2016 at 4:00pm (Kotowski, Linda) (Entered: 05/12/2016)
2016-05-13Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/13/2016. (Kotowski, Linda) (Entered: 05/17/2016)
2016-05-2710ANSWER to 1 Complaint. Document filed by Central Intelligence Agency.(Wasserstrom, Leigh) (Entered: 05/27/2016)
2016-06-1311MOTION for Summary Judgment . Document filed by Central Intelligence Agency.(Wasserstrom, Leigh) (Entered: 06/13/2016)
2016-06-1312MEMORANDUM OF LAW in Support re: 11 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Wasserstrom, Leigh) (Entered: 06/13/2016)
2016-06-1313DECLARATION of Antoinette D. Shiner in Support re: 11 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Wasserstrom, Leigh) (Entered: 06/13/2016)
2016-07-0114CROSS MOTION for Summary Judgment (Partial) . Document filed by The New York Times Company.(McCraw, David) (Entered: 07/01/2016)
2016-07-0115MEMORANDUM OF LAW in Support re: 14 CROSS MOTION for Summary Judgment (Partial) . . Document filed by The New York Times Company. (McCraw, David) (Entered: 07/01/2016)
2016-07-0116DECLARATION of David E. McCraw in Support re: 14 CROSS MOTION for Summary Judgment (Partial) .. Document filed by The New York Times Company. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(McCraw, David) (Entered: 07/01/2016)
2016-07-2217REPLY MEMORANDUM OF LAW in Support re: 11 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by Central Intelligence Agency. (Wasserstrom, Leigh) (Entered: 07/22/2016)
2016-07-25Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/25/2016. (Kotowski, Linda) (Entered: 07/27/2016)
2016-07-2618AMENDED REPLY MEMORANDUM OF LAW in Support re: 11 MOTION for Summary Judgment . and in Opposition to Plaintiff's Motion for Summary Judgment . Document filed by Central Intelligence Agency. (Wasserstrom, Leigh) (Entered: 07/26/2016)
2016-08-0319REPLY MEMORANDUM OF LAW in Support re: 14 CROSS MOTION for Summary Judgment (Partial) . . Document filed by The New York Times Company. (McCraw, David) (Entered: 08/03/2016)
2016-08-24Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 8/24/2016 re: 11 MOTION for Summary Judgment . filed by Central Intelligence Agency, 14 CROSS MOTION for Summary Judgment (Partial) . filed by The New York Times Company. (Kotowski, Linda) (Entered: 08/31/2016)
2016-08-26Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/26/2016. (Kotowski, Linda) (Entered: 08/31/2016)
2016-08-3020MOTION for Leave to File supplemental submission . Document filed by Central Intelligence Agency.(Wasserstrom, Leigh) (Entered: 08/30/2016)
2016-09-0121MEMORANDUM OF LAW in Opposition re: 20 MOTION for Leave to File supplemental submission . . Document filed by The New York Times Company. (McCraw, David) (Entered: 09/01/2016)
2016-09-0622ORDER granting 20 Motion for Leave to File Supplemental Submission. The defendant shall file its submission by no later than September 12, 2016. The Clerk of the Court is directed to close the motion at docket number 20.. (Signed by Judge Jed S. Rakoff on 9/2/2016) (cla) (Entered: 09/06/2016)
2016-09-0923NOTICE of Withdrawal of Counsel. Document filed by The New York Times Company. (McCraw, David) (Entered: 09/09/2016)
2016-09-09Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/9/2016. (Kotowski, Linda) (Entered: 09/15/2016)
2016-09-14Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/14/2016. (Kotowski, Linda) (Entered: 09/15/2016)
2016-09-1524MEMO ENDORSEMENT on re: 23 Notice (Other) filed by The New York Times Company. PLEASE TAKE NOTICE THAT, as of September 9, 2016, Tali Ravit Leinwand is no longer with the Legal Department of The New York Times Company and hereby withdraws her appearance as counsel for Plaintiff The New York Times Company in the above-captioned litigation and requests that her name be removed from the Court's and the parties service lists. SO ORDERED., Attorney Tali Ravit Leinwand terminated. (Signed by Judge Jed S. Rakoff on 9/14/2016) (ama) (Entered: 09/15/2016)
2016-09-1925JOINT STIPULATION: IT IS HEREBY STIPULATED AND AGREED, by and between the undersigned, Defendant Central Intelligence Agency (the "CIA"), by its attorney, Preet Bharara, United States Attorney for the Southern District of New York, and Plaintiff The New York Times Company ("The Times") that the CIA's motion for summary judgment and The Times's motion for partial summary judgment, Dkt. Nos.11 & 14, are hereby withdrawn. The CIA will provide a response to the Plaintiff's request under the Freedom of Information Act by October 19, 2016. The parties will provide a written status update to the Court on October 26, 2016. SO ORDERED., ( Responses due by 10/19/2016), Motions withdrawn: 11 MOTION for Summary Judgment . filed by Central Intelligence Agency, 14 CROSS MOTION for Summary Judgment (Partial) filed by The New York Times Company. (Signed by Judge Jed S. Rakoff on 9/16/2016) (ama) (Entered: 09/19/2016)
2016-09-2126TRANSCRIPT of Proceedings re: argument held on 8/24/2016 before Judge Jed S. Rakoff. Court Reporter/Transcriber: Paula Speer, (212) 805-0300. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/17/2016. Redacted Transcript Deadline set for 10/27/2016. Release of Transcript Restriction set for 12/23/2016.(Siwik, Christine) (Entered: 09/21/2016)
2016-09-2127NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a argument proceeding held on 8/24/16 has been filed by the court reporter/transcriber in the above-captioned matter. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days...(Siwik, Christine) (Entered: 09/21/2016)
2016-10-19Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 10/19/2016. (Kotowski, Linda) (Entered: 10/20/2016)
2016-11-1628STATUS REPORT. Document filed by The New York Times Company.(McCraw, David) (Entered: 11/16/2016)
2016-11-2129MEMO ENDORSEMENT on re: 28 Status Report filed by The New York Times Company. ENDORSEMENT: SO ORDERED, but no further adjournments! (Cross Motions due by 1/18/2017., Motions due by 12/21/2016., Responses due by 2/8/2017, Replies due by 3/1/2017.) (Signed by Judge Jed S. Rakoff on 11/20/2016) (kl) (Entered: 11/21/2016)
2016-12-19Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/19/2016. (Kotowski, Linda) (Entered: 12/21/2016)
2016-12-2130ENDORSED LETTER addressed to Judge Jed S. Rakoff from David E. McCraw dated 12/20/2016 re: Extension of time to reach resolution regarding attorney's fees. ENDORSEMENT: SO ORDERED. (Signed by Judge Jed S. Rakoff on 12/20/2016) (kgo) (Entered: 12/21/2016)
2017-01-18Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 1/18/2017. (Kotowski, Linda) (Entered: 01/18/2017)
2017-01-2531MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) . Document filed by The New York Times Company.(McCraw, David) (Entered: 01/25/2017)
2017-01-2532MEMORANDUM OF LAW in Support re: 31 MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) . . Document filed by The New York Times Company. (McCraw, David) (Entered: 01/25/2017)
2017-01-2533DECLARATION of David E. McCraw in Support re: 31 MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) .. Document filed by The New York Times Company. (Attachments: # 1 Exhibit Exhibit A)(McCraw, David) (Entered: 01/25/2017)
2017-01-2534DECLARATION of Chris Chivers in Support re: 31 MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) .. Document filed by The New York Times Company. (McCraw, David) (Entered: 01/25/2017)
2017-02-0835MEMORANDUM OF LAW in Opposition re: 31 MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) . . Document filed by Central Intelligence Agency. (Wasserstrom, Leigh) (Entered: 02/08/2017)
2017-02-0836DECLARATION of Antoinette B. Shiner in Opposition re: 31 MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) .. Document filed by Central Intelligence Agency. (Wasserstrom, Leigh) (Entered: 02/08/2017)
2017-02-1537REPLY MEMORANDUM OF LAW in Support re: 31 MOTION for Attorney Fees and costs pursuant to 5 U.S.C. 552(a)(4)(E) . . Document filed by The New York Times Company. (McCraw, David) (Entered: 02/15/2017)
2017-05-0238OPINION AND ORDER: The Times' motion for attorney's fees and costs is hereby granted, and The Times is awarded $51,909.86. The Clerk of Court is directed to close docket entry 31, and as further set forth. (Signed by Judge Jed S. Rakoff on 5/1/2017) (ras) (Entered: 05/02/2017)
2017-05-0339ORDER: The parties having withdrawn their respective motions for summary judgment, see Joint Stipulation dated Sept. 16, 2016, ECF No. 25, and the Court having determined the only remaining issue in the case, viz., the issue of attorney's fees, see Opinion and Order dated May 1, 2017, ECF No. 38, the Clerk of Court is directed to close the case. (Signed by Judge Jed S. Rakoff on 5/2/2017) (mro) (Entered: 05/03/2017)
2017-05-03Terminate Transcript Deadlines (mro) (Entered: 05/03/2017)
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by FOIA Project Staff