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Case TitleThe New York Times Company et al v. U.S. Department of Housing and Urban Development
DistrictSouthern District of New York
CityFoley Square
Case Number1:2016cv06143
Date Filed2016-08-03
Date Closed2017-03-09
JudgeJudge Alison J. Nathan
PlaintiffThe New York Times Company
PlaintiffGretchen Morgenson
Case DescriptionReporter Gretchen Morgenson submitted a FOIA request to the Department of Housing and Urban Development for copies of appointment calendars for former HUD Secretary Shaun Donovan from January 2009 to July 2014. The agency located only two calendars. It told Morgenson that it did not maintain copies of appointment calendars for former Secretaries. Morgenson appealed, and HUD concluded the agency's search was insufficient and remanded the request for another search. But after the agency failed to produce any more records after four months, the New York Times Company filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of Housing and Urban Development
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2016-08-031COMPLAINT against U.S. Department of Housing and Urban Development. (Filing Fee $ 400.00, Receipt Number 0208-12608850)Document filed by The New York Times Company, Gretchen Morgenson.(McCraw, David) (Entered: 08/03/2016)
2016-08-032CIVIL COVER SHEET filed. (McCraw, David) (Entered: 08/03/2016)
2016-08-033RULE 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 Gretchen Morgenson, The New York Times Company.(McCraw, David) (Entered: 08/03/2016)
2016-08-034REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Housing and Urban Development, re: 1 Complaint. Document filed by Gretchen Morgenson, The New York Times Company. (McCraw, David) (Entered: 08/03/2016)
2016-08-04CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Alison J. Nathan. 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: 08/04/2016)
2016-08-04Magistrate Judge Barbara C. Moses is so designated. (pc) (Entered: 08/04/2016)
2016-08-04Case Designated ECF. (pc) (Entered: 08/04/2016)
2016-08-045ELECTRONIC SUMMONS ISSUED as to U.S. Department of Housing and Urban Development. (pc) (Entered: 08/04/2016)
2016-08-04***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: Jurisdiction code 3 (Federal Question); Fee Status code due (due). The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the Fee Status code has been modified to pd (paid). (pc) (Entered: 08/04/2016)
2016-08-126NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of U.S. Department of Housing and Urban Development. (Onozawa, Tomoko) (Entered: 08/12/2016)
2016-08-247FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 8/24/2016. Document filed by U.S. Department of Housing and Urban Development.(Onozawa, Tomoko) (Entered: 08/24/2016)
2016-08-248ORDER granting 7 FIRST LETTER MOTION for Extension of Time to File Answer addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 8/24/2016. Document filed by U.S. Department of Housing and Urban Development. So ordered. U.S. Department of Housing and Urban Development answer due 10/7/2016. (Signed by Judge Alison J. Nathan on 8/24/2016) (rjm) (Entered: 08/25/2016)
2016-10-049ANSWER to 1 Complaint. Document filed by U.S. Department of Housing and Urban Development.(Onozawa, Tomoko) (Entered: 10/04/2016)
2016-10-2110STIPULATION AND ORDER REGARDING DOCUMENT PRODUCTION BY DEFENDANT. IT IS HEREBY STIPULATED AND AGREED, by and among Plaintiffs and Defendant as follows: On or before November 4, 2016, Defendant will complete processing (i.e., either release of the requested documents or notification to Plaintiffs of the complete or partial withholding pursuant to any applicable FOIA exemption) of documents responsive to Plaintiffs' request for Donovan's calendar records from January 1, 2014 through July 28, 2014 ("First Tranche"), along with a determination letter summarizing the applicable FOIA exemptions, the categories of information withheld from the First Tranche under those exemptions, and the bases for those withholdings, and as further specified and set forth in this Stipulation and Order Regarding Document Production by Defendant. (Signed by Judge Alison J. Nathan on 10/21/2016) (rjm) (Entered: 10/24/2016)
2016-12-0711NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 1/13/2017 at 02:45 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. Parties ordered to submit via ECF proposed case management plan and joint letter seven days before conference. (Signed by Judge Alison J. Nathan on 12/7/2016) (anc) (Entered: 12/08/2016)
2017-01-0312LETTER MOTION to Adjourn Conference addressed to Judge Alison J. Nathan from AUSA Tomoko Onozawa dated 1/3/2017. Document filed by U.S. Department of Housing and Urban Development.(Onozawa, Tomoko) (Entered: 01/03/2017)
2017-01-0413ORDER granting 12 Letter Motion to Adjourn Conference. (Based on the foregoing, and because this is an action brought under FOIA with an existing schedule of productions ordered by the Court, the parties respectfully request to be relieved of the obligation to submit a proposed Civil Case Management Plan pursuant to Fed. R. Civ. P. 26(f) and the December 2016 Order. The parties also propose that, within 10 days of February 27, 2017, which is March 9, 2017, the parties will submit to the Court a joint status letter either (1) informing the Court of anticipated motion practice and submitting a proposed briefing schedule; or (2) submitting a stipulation and order of dismissal. Finally, the parties jointly request that the initial conference scheduled for January 13, 2017 be adjourned without date.) SO ORDERED. (Signed by Judge Alison J. Nathan on 1/04/2017) (ama) (Entered: 01/04/2017)
2017-01-0614NOTICE OF APPEARANCE by Ian MacDougall on behalf of Gretchen Morgenson, The New York Times Company. (MacDougall, Ian) (Entered: 01/06/2017)
2017-03-0815LETTER addressed to Judge Alison J. Nathan from David E. McCraw dated March 8, 2017 re: Joint status update, as per the Court's January 4, 2017, order (Dkt. No. 13). Document filed by Gretchen Morgenson, The New York Times Company.(McCraw, David) (Entered: 03/08/2017)
2017-03-0916STIPULATION OF VOLUNTARY DISMISSAL: NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED, by and between the parties and their counsel, that: Pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), Plaintiffs voluntarily dismiss all claims against Defendant, with prejudice and without costs or attorneys' fees to either the Plaintiffs or Defendant. The Clerk of Court is directed to close this case. Any pending motions are moot. (Signed by Judge Alison J. Nathan on 3/9/2017) (mro) (Entered: 03/10/2017)
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