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Case TitleThe New York Times Company v. United States Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv03686
Date Filed2016-05-17
Date Closed2016-11-14
JudgeJudge George B. Daniels
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted a FOIA request to the Department of Defense for emails exchanged between Secretary of Defense Ash Carter and several high-ranking DOD officials that were sent on Carter's personal email account. The agency emailed 1,336 pages of responsive emails to the Times and other media organizations, explaining the release was a courtesy and not a final response. Various exemptions were claimed throughout the email file where the agency considered them applicable. The Times filed an administrative appeal. The agency sent the Times a final response where it explained the applicability of exemptions. The agency cited Exemption 4 (confidential business information), Exemption 5 (privileges), Exemption 6 (invasion of privacy), and Exemption 7(C) (invasion of privacy concerning law enforcement records). The Times filed suit after DOD failed to respond to its appeal.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2016-05-18***NOTICE TO ATTORNEY TO FILE INITIAL PLEADING. Notice to Attorney David Edward McCraw to electronically file the initial pleading in this case. Failure to file the initial pleading may result in the dismissal of the case pursuant to Standing Order 15-mc-00131. Initial Pleading due by 5/23/2016. (rch) (Entered: 05/18/2016)
2016-05-181COMPLAINT against United States Department of Defense. (Filing Fee $ 400.00, Receipt Number 0208-12318017)Document filed by The New York Times Company.(McCraw, David) (Entered: 05/18/2016)
2016-05-182CIVIL COVER SHEET filed. (McCraw, David) (Entered: 05/18/2016)
2016-05-183REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 05/18/2016)
2016-05-184RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Financiero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 05/18/2016)
2016-05-20***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: Fee Status code due (due). The following correction(s) have been made to your case entry: the Fee Status code has been modified to pd (paid). (pc) (Entered: 05/20/2016)
2016-05-20CASE 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 . (pc) (Entered: 05/20/2016)
2016-05-20Magistrate Judge Debra C. Freeman is so designated. (pc) (Entered: 05/20/2016)
2016-05-20Case Designated ECF. (pc) (Entered: 05/20/2016)
2016-05-205ELECTRONIC SUMMONS ISSUED as to United States Department of Defense. (pc) (Entered: 05/20/2016)
2016-05-206NOTICE OF APPEARANCE by Tali Ravit Leinwand on behalf of The New York Times Company. (Leinwand, Tali) (Entered: 05/20/2016)
2016-05-237INITIAL PRETRIAL CONFERENCE: Counsel for all parties are hereby directed to 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. An Initial pretrial conference will be held on Tuesday, July 19, 2016 at 9:30 a.m. at the United States District Courthouse, 500 Pearl Street, New York, New York, Courtroom 11A. SO ORDERED. Initial Conference set for 7/19/2016 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels. (Signed by Judge George B. Daniels on 5/20/2016) (ama) (Entered: 05/23/2016)
2016-06-098LETTER addressed to Judge George B. Daniels from L. Pellegrino dated 6/9/2016 re: extension re response to complaint. Document filed by United States Department of Defense.(Pellegrino, Louis) (Entered: 06/09/2016)
2016-06-109MEMO ENDORSEMENT on re: 8 Letter filed by United States Department of Defense. ENDORSEMENT: SO ORDERED. United States Department of Defense answer due 7/13/2016. (Signed by Judge George B. Daniels on 6/10/2016) (cf) (Entered: 06/10/2016)
2016-06-1610NOTICE OF APPEARANCE by Louis Anthony Pellegrino on behalf of United States Department of Defense. (Pellegrino, Louis) (Entered: 06/16/2016)
2016-07-1211LETTER addressed to Judge George B. Daniels from David E. McCraw dated July 12, 2016 re: Initial Conference. Document filed by The New York Times Company.(McCraw, David) (Entered: 07/12/2016)
2016-07-1212ANSWER to 1 Complaint. Document filed by United States Department of Defense.(Pellegrino, Louis) (Entered: 07/12/2016)
2016-07-1913ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Specific Non-Dispositive Motion/Dispute: Current Discovery Dispute and Dispositive Motion (i.e., motion requiring a Report and Recommendation) All such motions. Referred to Magistrate Judge Debra C. Freeman. (Signed by Judge George B. Daniels on 7/19/2016) (lmb) (Entered: 07/19/2016)
2016-07-19Minute Entry for proceedings held before Judge George B. Daniels: Initial Pretrial Conference held on 7/19/2016. Plaintiff Counsel: David Edward McCraw; Tali Ravit Leinwand; Defense Counsel: Louis Anthony Pellegrino and Court Reporter present. The subsequent conference is scheduled for October 18, 2016 at 9:45 a.m. (Vega, Elizabeth) (Entered: 07/20/2016)
2016-08-11Minute Entry for proceedings held before Magistrate Judge Debra C. Freeman: Case Management Conference held via telephone on 8/11/2016, ( Telephone Conference set for 9/19/2016 at 04:00 PM before Magistrate Judge Debra C. Freeman). (aba) (Entered: 08/11/2016)
2016-08-2214TRANSCRIPT of Proceedings re: conference held on 7/19/2016 before Judge George B. Daniels. Court Reporter/Transcriber: Patricia Nilsen, (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 9/15/2016. Redacted Transcript Deadline set for 9/26/2016. Release of Transcript Restriction set for 11/25/2016.(McGuirk, Kelly) (Entered: 08/22/2016)
2016-08-2215NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 7/19/16 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...(McGuirk, Kelly) (Entered: 08/22/2016)
2016-09-06NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Sarah Netburn, Discovery Dispute and for Dispositive Motion (i.e., motion requiring a Report and Recommendation). Magistrate Judge Debra C. Freeman no longer referred to the case. (ad) (Entered: 09/06/2016)
2016-09-0916NOTICE of Withdrawal of Counsel. Document filed by The New York Times Company. (McCraw, David) (Entered: 09/09/2016)
2016-09-1317STATUS CONFERENCE ORDER: Status Conference set for 10/6/2016 at 11:00 AM in Courtroom 219, 40 Centre Street, New York, NY 10007 before Magistrate Judge Sarah Netburn. If this date is unavailable for any party, they must contact Courtroom Deputy Joseph Mendieta immediately at (212) 805-0286. (Signed by Magistrate Judge Sarah Netburn on 9/13/2016) (kko) (Entered: 09/13/2016)
2016-10-0318NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of United States Department of Defense. (Krause, Andrew) (Entered: 10/03/2016)
2016-10-06Minute Entry for proceedings held before Magistrate Judge Sarah Netburn: Status Conference held on 10/6/2016. (jnm) (Entered: 10/06/2016)
2016-10-0619ORDER: The October 18, 2016 conference is adjourned to January 24, 2017 at 9:45 a.m. ( Pretrial Conference set for 1/24/2017 at 09:45 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 10/6/2016) (cla) (Entered: 10/06/2016)
2016-11-0420JOINT LETTER addressed to Magistrate Judge Sarah Netburn from David E. McCraw dated Nov. 4, 2016 re: Status Report. Document filed by The New York Times Company.(McCraw, David) (Entered: 11/04/2016)
2016-11-1421STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL. IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: The parties' resolution of all remaining issues fully settles any and all claims The Times now has or may hereafter acquire against Defense or the United States of America (the "United States"), or any department, agency, officer, or employee of Defense and/or the United States, related to or arising out of Plaintiffs' FOIA request at issue in this action. This action is hereby dismissed with prejudice, with each party to bear its own fees and costs, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order, and as further set forth in this Stipulation and Order of Settlement and Dismissal. (Signed by Judge George B. Daniels on 11/14/2016) (rjm) (Entered: 11/16/2016)
2016-11-14Terminate Transcript Deadlines (rjm) (Entered: 11/16/2016)
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by FOIA Project Staff