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Case TitleThe New York Times Company v. United States Department of the Army
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv03123
Date Filed2016-04-27
Date Closed2017-01-04
JudgeJudge Jed S. Rakoff
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted a FOIA request to the Department of the Army's National Ground Intelligence Center for records concerning the use of chemical weapons in Iraq. The agency provided some records and withheld records under Exemption 1 (national security), Exemption 6 (invasion of privacy), and Exemption 7(E) (investigative methods and techniques). The New York Times appealed the denial, which was upheld on appeal. The New York Times then filed a second FOIA request for more detailed records concerning the use of chemical weapons in Iraq. The agency acknowledged receipt of the request, but after hearing nothing further from the agency, the New York Times filed suit, alleging the government had already confirmed much of the data in response to the Times' articles.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2016-04-271COMPLAINT against United States Department of the Army. (Filing Fee $ 400.00, Receipt Number 0208-12232690)Document filed by The New York Times Company.(McCraw, David) (Entered: 04/27/2016)
2016-04-272CIVIL COVER SHEET filed. (McCraw, David) (Entered: 04/27/2016)
2016-04-273REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Army, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 04/27/2016)
2016-04-274FILING ERROR - CORPORATE PARENT/OTHER AFFILIATE NOT ADDED - (SEE DOCUMENT #6) - RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company.(McCraw, David) Modified on 4/28/2016 (ldi). (Entered: 04/27/2016)
2016-04-285ELECTRONIC SUMMONS ISSUED as to United States Department of the Army. (rch) (Entered: 04/28/2016)
2016-04-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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: 04/28/2016)
2016-04-28Magistrate Judge Barbara C. Moses is so designated. (rch) (Entered: 04/28/2016)
2016-04-28Case Designated ECF. (rch) (Entered: 04/28/2016)
2016-04-286RULE 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: 04/28/2016)
2016-04-29NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge George B. Daniels is no longer assigned to the case. (wb) (Entered: 04/29/2016)
2016-04-29CASE ACCEPTED AS RELATED. Create association to 1:16-cv-03098-JSR. Notice of Assignment to follow. (wb) (Entered: 04/29/2016)
2016-04-29Magistrate Judge Kevin Nathaniel Fox is so redesignated. (wb) (Entered: 04/29/2016)
2016-04-297NOTICE 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: 05-13-2016, AT THE UNITED STATES COURTHOUSE, 500 PEARL STREET, NEW YORK, N.Y. IN COURTROOM 14-B AT 11:00. SO ORDERED. Initial Conference set for 5/13/2016 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff. (Signed by Judge Jed S. Rakoff on 4/29/2016) (ama) (Entered: 04/29/2016)
2016-05-028NOTICE OF APPEARANCE by Leigh Aaron Wasserstrom on behalf of United States Department of the Army. (Wasserstrom, Leigh) (Entered: 05/02/2016)
2016-05-049NOTICE OF APPEARANCE by Tali Ravit Leinwand on behalf of The New York Times Company. (Leinwand, Tali) (Entered: 05/04/2016)
2016-05-12Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 5/12/2016. (Kotowski, Linda) (Entered: 05/12/2016)
2016-06-0110ANSWER to 1 Complaint. Document filed by United States Department of the Army.(Wasserstrom, Leigh) (Entered: 06/01/2016)
2016-07-15Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 7/15/2016. (Kotowski, Linda) (Entered: 07/18/2016)
2016-08-04Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/4/2016. (Kotowski, Linda) (Entered: 08/11/2016)
2016-08-05Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/5/2016. (Kotowski, Linda) (Entered: 08/10/2016)
2016-08-12Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/12/2016. (Kotowski, Linda) (Entered: 08/17/2016)
2016-08-15Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 8/15/2016. (Kotowski, Linda) (Entered: 08/17/2016)
2016-08-2611MOTION for Summary Judgment . Document filed by United States Department of the Army.(Wasserstrom, Leigh) (Entered: 08/26/2016)
2016-08-2612MEMORANDUM OF LAW in Support re: 11 MOTION for Summary Judgment . . Document filed by United States Department of the Army. (Wasserstrom, Leigh) (Entered: 08/26/2016)
2016-08-2613DECLARATION of Gregory J. Weaver in Support re: 11 MOTION for Summary Judgment .. Document filed by United States Department of the Army. (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, # 14 Exhibit N, # 15 Exhibit O)(Wasserstrom, Leigh) (Entered: 08/26/2016)
2016-09-06Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/6/2016. (Kotowski, Linda) (Entered: 09/08/2016)
2016-09-0914NOTICE of Withdrawal of Counsel. Document filed by The New York Times Company. (McCraw, David) (Entered: 09/09/2016)
2016-09-1515MEMO ENDORSEMENT on re: 14 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)
2016-09-27Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 9/27/2016. (Kotowski, Linda) (Entered: 09/28/2016)
2016-10-2716CROSS MOTION for Summary Judgment . Document filed by The New York Times Company.(McCraw, David) (Entered: 10/27/2016)
2016-10-2717MEMORANDUM OF LAW in Support re: 16 CROSS MOTION for Summary Judgment . . Document filed by The New York Times Company. (McCraw, David) (Entered: 10/27/2016)
2016-10-2718DECLARATION of David E. McCraw in Support re: 16 CROSS MOTION for Summary Judgment .. Document filed by The New York Times Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(McCraw, David) (Entered: 10/27/2016)
2016-11-21Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/21/2016. (Kotowski, Linda) (Entered: 11/21/2016)
2016-11-30Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 11/30/2016. (Kotowski, Linda) (Entered: 12/01/2016)
2016-12-0519NOTICE of of Classified Filing. Document filed by United States Department of the Army. (Wasserstrom, Leigh) (Entered: 12/05/2016)
2016-12-07Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 12/7/2016. (Kotowski, Linda) (Entered: 12/07/2016)
2016-12-1220SUPPLEMENTAL MEMORANDUM OF LAW in Support re: 16 CROSS MOTION for Summary Judgment . . Document filed by The New York Times Company. (McCraw, David) (Entered: 12/12/2016)
2016-12-1221DECLARATION of David E. McCraw in Support re: 16 CROSS MOTION for Summary Judgment .. Document filed by The New York Times Company. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(McCraw, David) (Entered: 12/12/2016)
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)
2016-12-2222DECLARATION of David E. McCraw in Support re: 16 CROSS MOTION for Summary Judgment .. Document filed by The New York Times Company. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibit 2, # 3 Exhibit Exhibit 3)(McCraw, David) (Entered: 12/22/2016)
2016-12-2923NOTICE of Classified Filing. Document filed by United States Department of the Army. (Wasserstrom, Leigh) (Entered: 12/29/2016)
2016-12-3024ORDER granting 11 Motion for Summary Judgment; denying 16 Motion for Summary Judgment. Having fully considered the parties' submissions and arguments, the Court hereby grants defendant's cross-motion for summary judgment and denies plaintiff's cross-motion for summary judgment. (As further set forth in this Order.) As a result, the in-court conference on the cross-motions that was scheduled for January 4, 2017 is no longer necessary and is hereby canceled. However, counsel are directed to jointly call the Court on or before that date to apprise the Court of whether any further proceedings in this case are required. The Clerk of the Court is directed to close the motions at docket numbers 11 and 16. (Signed by Judge Jed S. Rakoff on 12/29/2016) (cf) (Entered: 12/30/2016)
2017-01-0425ORDER: The parties having informed the Court that no further proceedings are required, the Clerk of the Court is directed to close this case. (Signed by Judge Jed S. Rakoff on 1/3/2017) (kgo) (Entered: 01/04/2017)
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