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Case TitleThe New York Times Company et al v. Office of the Director of National Intelligence et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv06120
Date Filed2016-08-02
Date ClosedOpen
JudgeJudge Richard M. Berman
PlaintiffThe New York Times Company
PlaintiffCharlie Savage
Case DescriptionNew York Times Reporter Charlie Savage submitted FOIA requests to the Office of the Director of National Intelligence and the Department of Justice for records concerning threat assessments of Guantanamo Bay detainees produced by a six-agency task force. Both ONDI and DOJ told Savage they would not be able to respond within the statutory deadline. After hearing nothing further from the agencies, Savage filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantOffice of the Director of National Intelligence
TERMINATED: 02/27/2017
DefendantOffice of the Director of National Intelligence
DefendantU.S. Department Of Justice
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-021COMPLAINT against Office of the Director of National Intelligence, U.S. Department Of Justice. (Filing Fee $ 400.00, Receipt Number 0208-12604593)Document filed by The New York Times Company, Charlie Savage.(McCraw, David) (Entered: 08/02/2016)
2016-08-022CIVIL COVER SHEET filed. (McCraw, David) (Entered: 08/02/2016)
2016-08-023RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Financiero Inbursa, S.A.B. de C.V. for Charlie Savage, The New York Times Company. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 08/02/2016)
2016-08-024REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence; U.S. Department of Justice, re: 1 Complaint. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 08/02/2016)
2016-08-03CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Richard M. Berman. 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 . (dgo) (Entered: 08/03/2016)
2016-08-03Magistrate Judge Henry B. Pitman is so designated. (dgo) (Entered: 08/03/2016)
2016-08-03Case Designated ECF. (dgo) (Entered: 08/03/2016)
2016-08-035ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence, U.S. Department Of Justice. (dgo) (Entered: 08/03/2016)
2016-08-036NOTICE OF APPEARANCE by Tali Ravit Leinwand on behalf of Charlie Savage, The New York Times Company. (Leinwand, Tali) (Entered: 08/03/2016)
2016-08-037INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 9/6/2016 at 12:30 PM in Courtroom 17B, 500 Pearl Street, New York, NY 10007 before Judge Richard M. Berman. (As further set forth in this Order.) (Signed by Judge Richard M. Berman on 8/3/2016) (cf) (Entered: 08/03/2016)
2016-08-308NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Office of the Director of National Intelligence, U.S. Department Of Justice. (Connolly, Christopher) (Entered: 08/30/2016)
2016-08-309LETTER MOTION to Adjourn Conference addressed to Judge Richard M. Berman from Christopher Connolly dated August 30, 2016. Document filed by Office of the Director of National Intelligence, U.S. Department Of Justice.(Connolly, Christopher) (Entered: 08/30/2016)
2016-08-3110ORDER granting 9 Letter Motion to Adjourn Conference. Request granted. Conference adjourned until 10/4/16 @ 12:00. Initial Conference set for 10/4/2016 at 12:00 PM before Judge Richard M. Berman. (Signed by Judge Richard M. Berman on 8/31/2016) (cf) (Entered: 08/31/2016)
2016-09-0711ANSWER to 1 Complaint. Document filed by Office of the Director of National Intelligence, U.S. Department Of Justice.(Connolly, Christopher) (Entered: 09/07/2016)
2016-09-0912NOTICE of Withdrawal of Counsel. Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 09/09/2016)
2016-10-04Minute Entry for proceedings held before Judge Richard M. Berman: Initial Pretrial Conference held on 10/4/2016. Parties to submit joint proposed case management plan/scheduling order to Court by 10/18/16 at 12:00 noon. See transcript of proceedings held for a complete record. (Court Reporter Steve Greenblum) (CM) (Entered: 10/04/2016)
2016-10-1813LETTER addressed to Judge Richard M. Berman from Christopher Connolly dated October 18, 2016 re: parties' scheduling proposals. Document filed by Office of the Director of National Intelligence, U.S. Department Of Justice. (Attachments: # 1 Exhibit)(Connolly, Christopher) (Entered: 10/18/2016)
2016-10-2514ORDER: The Defendants shall file a pre-summary judgment motion letter (of 3 pages with authorities, no footnotes) by March 2, 2017. If the motion is ultimately made, it shall be served and filed by March 27, 2017. See the Court's Individual Rules for page limits, etc.; The New York Times Company and Charlie Savage ("Plaintiffs") shall have until March 7, 2017 to respond to Defendants' pre-summary judgment motion letter (also 3 pages, with authorities and no footnotes). If Defendants' motion is made, Plaintiffs' Opposition shall be served and filed by April 24, 2017, Defendants' Reply shall be served and filed by May 1, 2017, and Plaintiffs' sur-reply shall be served and filed by May 8, 2017; as further set forth in this Order. Defendants shall forthwith arrange for an ex parte confidential review by the Court in Chambers of three randomly selected "threat assessments" (from the universe of 240) on or before December 14, 2016 at 2:00 p.m. Contact Christine Murray at (212) 805-6715 regarding details. ( Motions due by 3/27/2017., Responses due by 4/24/2017, Replies due by 5/1/2017., Surreplies due by 5/8/2017.) (Signed by Judge Richard M. Berman on 10/25/2016) (cf) (Entered: 10/25/2016)
2016-12-1415LETTER addressed to Judge Richard M. Berman from Christopher Connolly dated December 14, 2016 re: ex parte, in camera review. Document filed by Office of the Director of National Intelligence, U.S. Department Of Justice.(Connolly, Christopher) (Entered: 12/14/2016)
2017-01-0616NOTICE OF APPEARANCE by Ian MacDougall on behalf of Charlie Savage, The New York Times Company. (MacDougall, Ian) (Entered: 01/06/2017)
2017-02-2717STIPULATION AND ORDER OF DISMISSAL AS TO DEFENDANT ODNI: IT IS STIPULATED AND AGREED, by and between plaintiffs and ODNI, that this matter is hereby dismissed with prejudice as to defendant ODNI, and without costs or attorney's fees pertaining to plaintiffs' FOIA request to ODNI. (As further set forth in this Order.) Office of the Director of National Intelligence terminated. (Signed by Judge Richard M. Berman on 2/27/2017) (cf) (Entered: 02/27/2017)
2017-03-0218LETTER addressed to Judge Richard M. Berman from Christopher Connolly dated March 2, 2017 re: pre-summary judgment motion letter, as required by the Court's order dated October 25, 2016. Document filed by U.S. Department Of Justice.(Connolly, Christopher) (Entered: 03/02/2017)
2017-03-0319MEMO ENDORSEMENT on re: 18 Letter, filed by U.S. Department Of Justice. ENDORSEMENT: Pre-motion conference scheduled for March 8, 2017 at 9:30 a.m. This conference will not impact the briefing schedule set forth in the Court's Order filed Oct 25, 2016. (Pre-Motion Conference set for 3/8/2017 at 09:30 AM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 3/3/2017) (cf) (Entered: 03/03/2017)
2017-03-0720LETTER addressed to Judge Richard M. Berman from David E. McCraw dated March 7, 2017 re: Response to Defendant's pre-motion letter (Dkt. No. 18), as per the Court's October 25, 2016, order (Dkt. No. 14). Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 03/07/2017)
2017-03-08Minute Entry for proceedings held before Judge Richard M. Berman: Interim Pretrial Conference held on 3/8/2017. Summary judgment motion to be filed in accordance with the Court's Order dated October 25, 2016. Page limits apply. Motion to be decided on the papers submitted unless the Court requests oral argument. See transcript of proceedings held for a complete record. (Court Reporter Jennifer Thun) (CM) (Entered: 03/08/2017)
2017-03-1721LETTER MOTION for Extension of Time to File addressed to Judge Richard M. Berman from AUSA Christopher Connolly dated March 17, 2017. Document filed by U.S. Department Of Justice.(Connolly, Christopher) (Entered: 03/17/2017)
2017-03-2022ORDER denying 21 Letter Motion for Extension of Time to File. Application denied. (See. Order, dated Oct. 25, 2016.) (Signed by Judge Richard M. Berman on 3/20/2017) (mro) (Entered: 03/20/2017)
2017-03-2723MOTION for Summary Judgment . Document filed by U.S. Department Of Justice.(Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2724NOTICE of Lodging of Classified Documents re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2725MEMORANDUM OF LAW in Support re: 23 MOTION for Summary Judgment . . Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2726DECLARATION of Courtney J. O'Keefe in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (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-1, # 9 Exhibit H-2, # 10 Exhibit H-3)(Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2727DECLARATION of David M. Hardy in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2728DECLARATION of Department of Defense in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2729DECLARATION of Colonel Robert C. Moscati in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2730DECLARATION of Eric F. Stein in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-03-2731DECLARATION of Mark W. Ewing in Support re: 23 MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 03/27/2017)
2017-04-2432CROSS MOTION for Summary Judgment . Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 04/24/2017)
2017-04-2433MEMORANDUM OF LAW in Support re: 32 CROSS MOTION for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 04/24/2017)
2017-04-2434DECLARATION of David E. McCraw in Support re: 32 CROSS MOTION for Summary Judgment .. Document filed by Charlie Savage, 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, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18)(McCraw, David) (Entered: 04/24/2017)
2017-05-0135MEMORANDUM OF LAW in Opposition re: 32 CROSS MOTION for Summary Judgment . and in further support of the government's motion for summary judgment . Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 05/01/2017)
2017-05-0136DECLARATION of Michael G. Seidel in Opposition re: 32 CROSS MOTION for Summary Judgment .. Document filed by U.S. Department Of Justice. (Connolly, Christopher) (Entered: 05/01/2017)
2017-05-0837REPLY MEMORANDUM OF LAW in Support re: 32 CROSS MOTION for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company. (McCraw, David) (Entered: 05/08/2017)
2017-06-1338LETTER addressed to Judge Richard M. Berman from David E. McCraw dated June 13, 2017 re: Second Circuit Summary Order in Schwartz v. DEA. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 06/13/2017)
2017-06-1539LETTER addressed to Judge Richard M. Berman from Christopher Connolly dated June 15, 2017 re: response to plaintiffs' June 13, 2017, letter. Document filed by U.S. Department Of Justice.(Connolly, Christopher) (Entered: 06/15/2017)
2017-06-1640LETTER addressed to Judge Richard M. Berman from David E. McCraw dated June 16, 2017 re: Defendant's June 15, 2017, letter. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 06/16/2017)
2017-06-1941MEMO ENDORSEMENT: on re: 40 Letter filed by The New York Times Company, Charlie Savage. ENDORSEMENT: NY Times to respond by June 22, 2017. (Responses due by 6/22/2017) (Signed by Judge Richard M. Berman on 6/19/2017) (ap) (Entered: 06/19/2017)
2017-06-2042LETTER addressed to Judge Richard M. Berman from David E. McCraw dated June 20, 2017 re: the Court's Memo Endorsement of June 19, 2017, and Defendant's letter of June 15, 2017. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 06/20/2017)
2017-08-0143ORDER: The Court hereby respectfully orders the U.S. Department of Justice forthwith to produce for ex parte in camera review the "threat assessments" which Plaintiffs in this action have requested under The Freedom of Information Act, 5 U.S.C. § 552. See 5 U.S.C. § 552(a)(4)(B) (the Court "may examine the contents of... agency records in camera to determine whether such records or any part thereof shall be withheld under any of the exemptions set forth in subsection (b) of [FOIA]"). (Signed by Judge Richard M. Berman on 8/1/2017) (cf) (Entered: 08/01/2017)
2017-08-0944LETTER addressed to Judge Richard M. Berman from AUSA Christopher Connolly dated August 9, 2017 re: submission of documents for ex parte, in camera review. Document filed by U.S. Department Of Justice.(Connolly, Christopher) (Entered: 08/09/2017)
2017-09-0645LETTER addressed to Judge Richard M. Berman from AUSA Christopher Connolly dated September 6, 2017 re: submission of documents for ex parte, in camera review. Document filed by U.S. Department Of Justice.(Connolly, Christopher) (Entered: 09/06/2017)
2017-09-0846ORDER: The Court will hold brief oral argument regarding DOJ's motion for summary judgment, dated March 27, 2017 [#23], and Plaintiffs' motion for summary judgment, dated April 24, 2017 [#32], on Wednesday, September 13, 2017, at 2:00 p.m. Counsel should be fully prepared to discuss, among other things, the following: John Brennan's letter (dated February 1, 2010) to Speaker of the House Nancy Pelosi. Three press releases issued by DOJ (on June 11, 2009, December 20, 2009, and January 21, 2010). Record support for the contention that "the vast majority of the statements plaintiffs cite were not made by decision-makers, but rather by advisors (DO J Reply at 4). Specify which individuals were not decision-makers. Do all segments of the threat assessments "reveal the deliberative process... itself by demonstrating which facts in the... record were considered significant"? Lead Indus. Ass'n, Inc. v. Occupational Safety & Health Admin., 610 F.2d 70, 85 (2d Cir. 1979). Was the interagency review of Guantanamo Bay detainees a "confidential" process? What portions, if any, of threat assessments (apart from footnotes that cite FBI FD-302 file numbers for interviews of third parties) does the Government assert are covered by Exemption 7(B)? Do the Government declarations support the idea that all of those portions are protected by Exemption 7(B)? In what way do the declarations of Section Chief Hardy and Assistant Section Chief Seidel explain that "reveal[ing] targets of investigative activities or a close association with another target of investigation" would disclose "information that may not already be available through [ongoing] court proceedings"? (Hardy Decl. Paragraph 39; Seidel Decl. Paragraph 5.) If Exemption 5 were not involved in this case, exactly what portions of what documents would or should be disclosed? (Oral Argument set for 9/13/2017 at 2:00 PM before Judge Richard M. Berman.) (Signed by Judge Richard M. Berman on 9/8/2017) (ap) (Entered: 09/08/2017)
2017-09-1147LETTER MOTION for Oral Argument to be rescheduled, due to a conflict, for 9/18, 9/19 or 9/21 addressed to Judge Richard M. Berman from David E. McCraw dated Sept. 11, 2017. Document filed by Charlie Savage, The New York Times Company.(McCraw, David) (Entered: 09/11/2017)
2017-09-1148ORDER granting 47 Letter Motion for Oral Argument. Application granted. Oral argument adjourned to Monday, Sept 18, 2017, at 2:00 p.m. (Signed by Judge Richard M. Berman on 9/11/2017) (cf) (Entered: 09/11/2017)
2017-09-11Set/Reset Hearings: Oral Argument set for 9/18/2017 at 02:00 PM before Judge Richard M. Berman. (cf) (Entered: 09/11/2017)
2017-09-18Minute Entry for proceedings held before Judge Richard M. Berman: Oral Argument held on 9/18/2017 re: 32 CROSS MOTION for Summary Judgment , filed by The New York Times Company, Charlie Savage, 23 MOTION for Summary Judgment , filed by U.S. Department Of Justice. See transcript of proceedings held for a complete record. (Court Reporter Carol Ganley) (clt) (Entered: 09/18/2017)
2017-09-29***DELETED DOCUMENT. Deleted document number 49 DECISION & ORDER. The document was incorrectly filed in this case. (clt) (Entered: 09/29/2017)
2017-09-2949DECISION & ORDER denying 32 Motion for Summary Judgment; granting 23 Motion for Summary Judgment. For the reasons stated herein above, DOJ's motion for summary judgment [#23] is granted. Plaintiffs' cross-motion for summary judgment [#32] is denied. (Signed by Judge Richard M. Berman on 9/29/2017) (clt) (Entered: 09/29/2017)
2017-10-1150TRANSCRIPT of Proceedings re: ORAL ARGUMENT held on 9/18/2017 before Judge Richard M. Berman. Court Reporter/Transcriber: Carol Ganley, (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 11/1/2017. Redacted Transcript Deadline set for 11/13/2017. Release of Transcript Restriction set for 1/9/2018.(McGuirk, Kelly) (Entered: 10/11/2017)
2017-10-1151NOTICE OF FILING OF OFFICIAL TRANSCRIPT Notice is hereby given that an official transcript of a CONFERENCE proceeding held on 9/18/17 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: 10/11/2017)
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