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Case TitleNEW YORK TIMES COMPANY et al v. U.S. DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2017cv00087
Date Filed2017-01-13
Date ClosedOpen
JudgeJudge Christopher R. Cooper
PlaintiffNEW YORK TIMES COMPANY
PlaintiffCHARLIE SAVAGE
Case DescriptionNew York Times reporter Charlie Savage submitted two FOIA requests to the National Security Division of the Department of Justice for copies of the 1984 Olson Memo, which Savage characterized as the legal basis for supporting the legality of NSA surveillance not covered by the Foreign Intelligence Surveillance Act. His second FOIA request asked for the cover letter sent with the Olson memo. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantU.S. DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-01-131COMPLAINT for Injunctive and Declaratory Relief against U.S. DEPARTMENT OF JUSTICE ( Filing fee $ 400 receipt number 0090-4805797) filed by THE NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Summons Request for Summons, # 2 Civil Cover Sheet, # 3 Rule 7.1 Certificate)(McCraw, David) (Entered: 01/13/2017)
2017-01-132REQUEST FOR SUMMONS TO ISSUE to U.S. Attorney General filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Summons Request for USAO Summons)(McCraw, David) (Entered: 01/13/2017)
2017-01-17Case Assigned to Judge Christopher R. Cooper. (zsb) (Entered: 01/17/2017)
2017-01-173SUMMONS (3) Issued Electronically as to U.S. DEPARTMENT OF JUSTICE, U.S. Attorney and U.S. Attorney General (Attachment: # 1 Consent Form)(zsb) (Entered: 01/17/2017)
2017-01-174LCvR 7.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW YORK TIMES COMPANY, CHARLIE SAVAGE identifying Corporate Parent GRUPO FINACIERO INBURSA, S.A.B. de C.V. for NEW YORK TIMES COMPANY. (zsb) (Entered: 01/17/2017)
2017-01-305RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. U.S. DEPARTMENT OF JUSTICE served on 1/23/2017 (McCraw, David) (Entered: 01/30/2017)
2017-01-306RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 1/23/2017. (McCraw, David) (Entered: 01/30/2017)
2017-01-307RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 1/23/2017. Answer due for ALL FEDERAL DEFENDANTS by 2/22/2017. (McCraw, David) (Entered: 01/30/2017)
2017-02-228NOTICE of Appearance by Julia A. Berman on behalf of U.S. DEPARTMENT OF JUSTICE (Berman, Julia) (Entered: 02/22/2017)
2017-02-229ANSWER to Complaint by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Berman, Julia) (Entered: 02/22/2017)
2017-02-23MINUTE ORDER: Before the Court in this FOIA case are 1 complaint and 9 answer. It is hereby ORDERED that the parties shall promptly confer and file a joint proposed schedule for briefing or disclosure on or by March 9, 2017. Signed by Judge Christopher R. Cooper on 2/23/2017. (lccrc2) (Entered: 02/23/2017)
2017-02-23Set/Reset Deadlines: Joint Proposed Briefing Schedule or Disclosure due by 3/9/2017. (zlsj) (Entered: 02/23/2017)
2017-03-0910STATUS REPORT Joint Proposed Schedule by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (McCraw, David) (Entered: 03/09/2017)
2017-03-14MINUTE ORDER: In light of 10 parties' Joint Status Report, it is hereby ORDERED that the parties shall file a joint status report on or by March 20, 2017 informing the Court whether they intend to proceed to summary judgment and, if necessary, proposing a briefing schedule. Signed by Judge Christopher R. Cooper on 3/14/2017. (lccrc2) (Entered: 03/14/2017)
2017-03-14Set/Reset Deadlines: Joint Status Report due by 3/20/2017. (zlsj) (Entered: 03/14/2017)
2017-03-2011PROPOSED BRIEFING SCHEDULE Joint Proposed Briefing Schedule by U.S. DEPARTMENT OF JUSTICE. (Berman, Julia) (Entered: 03/20/2017)
2017-03-22MINUTE ORDER: In light of 11 parties' Proposed Briefing Schedule, it is hereby ORDERED that the summary-judgment briefing schedule be established as follows: Defendant's motion for summary judgment shall be due by May 5, 2017; Plaintiff's cross-motion for summary judgment and opposition to Defendant's motion shall be due by June 12, 2017; Defendant's reply in support of its motion and opposition to Plaintiff's motion shall be due by June 30, 2017; and Plaintiff's reply in support of its motion shall be due by July 21, 2017. Signed by Judge Christopher R. Cooper on 3/22/2017. (lccrc2) (Entered: 03/22/2017)
2017-03-22Set/Reset Deadlines: Summary Judgment motions due by 5/5/2017. Plaintiff's Cross-Motion and Opposition to Defendant's Motion for Summary Judgment due by 6/12/2017. Defendant's Reply in Support of its Motion and Opposition to Plaintiff's Motion for Summary Judgment due by 6/30/2017. Plaintiff's Reply in Support of its Motion due by 6/21/2017. (lsj) (Entered: 03/22/2017)
2017-05-0112Consent MOTION to Bifurcate Briefing by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Text of Proposed Order)(Berman, Julia) (Entered: 05/01/2017)
2017-05-03MINUTE ORDER granting 12 parties' Consent Motion to Bifurcate Briefing. It is hereby ORDERED that the parties' forthcoming cross-motions for summary judgment, pursuant to the schedule set forth in the Court's March 22, 2017 Minute Order, may be limited to Defendant's assertion of FOIA Exemption 5 as the basis for withholding in full the two documents at issue in this matter. It is further ORDERED that the bifurcation does not affect Defendant's ability to assert at a later date FOIA Exemptions 1 and 3 to withhold portions of those same documents, if necessary. Signed by Judge Christopher R. Cooper on 5/3/2017. (lccrc2) (Entered: 05/03/2017)
2017-05-0513MOTION for Summary Judgment by U.S. DEPARTMENT OF JUSTICE (Attachments: # 1 Exhibit 1, # 2 Statement of Facts, # 3 Text of Proposed Order)(Berman, Julia) (Entered: 05/05/2017)
2017-06-1214Cross MOTION for Partial Summary Judgment by NEW YORK TIMES COMPANY, CHARLIE SAVAGE (Attachments: # 1 Declaration of David E. McCraw & Exhibits, # 2 Statement of Facts, # 3 Text of Proposed Order)(McCraw, David) (Entered: 06/12/2017)
2017-06-1215Memorandum in opposition to re 13 MOTION for Summary Judgment filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Declaration of David E. McCraw & Exhibits, # 2 Statement of Facts, # 3 Text of Proposed Order)(McCraw, David) (Entered: 06/12/2017)
2017-06-3016REPLY to opposition to motion re 13 MOTION for Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Statement of Facts, # 3 Text of Proposed Order)(Berman, Julia) (Entered: 06/30/2017)
2017-06-3017RESPONSE re 14 Cross MOTION for Partial Summary Judgment filed by U.S. DEPARTMENT OF JUSTICE. (Attachments: # 1 Exhibit A, # 2 Statement of Facts, # 3 Text of Proposed Order)(Berman, Julia) (Entered: 06/30/2017)
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by FOIA Project Staff