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Case TitleThe New York Times Company et al v. Bureau of Alcohol, Tobacco, Firearms, and Explosives
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv02144
Date Filed2017-03-24
Date Closed2018-06-08
JudgeJudge Alison J. Nathan
PlaintiffThe New York Times Company
PlaintiffMatt Apuzzo
Case DescriptionNew York Times reporter Matt Apuzzo submitted two FOIA requests to the Bureau of Alcohol, Tobacco, and Firearms for records concerning changes in policy for tobacco smuggling investigations. The agency acknowledged receipt of the requests, but after hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantBureau of Alcohol, Tobacco, Firearms, and Explosives
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-03-241COMPLAINT against Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Filing Fee $ 400.00, Receipt Number 0208-13462441)Document filed by The New York Times Company, Matt Apuzzo. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B)(McCraw, David) (Entered: 03/24/2017)
2017-03-242CIVIL COVER SHEET filed. (McCraw, David) (Entered: 03/24/2017)
2017-03-243RULE 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: 03/24/2017)
2017-03-244REQUEST FOR ISSUANCE OF SUMMONS as to Bureau of Alcohol, Tobacco, Firearms, and Explosives, re: 1 Complaint,. Document filed by Matt Apuzzo, The New York Times Company. (McCraw, David) (Entered: 03/24/2017)
2017-03-245NOTICE OF APPEARANCE by Ian MacDougall on behalf of Matt Apuzzo, The New York Times Company. (MacDougall, Ian) (Entered: 03/24/2017)
2017-03-27CASE 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 . (kl) (Entered: 03/27/2017)
2017-03-27Magistrate Judge Ronald L. Ellis is so designated. (kl) (Entered: 03/27/2017)
2017-03-27Case Designated ECF. (kl) (Entered: 03/27/2017)
2017-03-276ELECTRONIC SUMMONS ISSUED as to Bureau of Alcohol, Tobacco, Firearms, and Explosives. (kl) (Entered: 03/27/2017)
2017-04-077NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Poscablo, Christine) (Entered: 04/07/2017)
2017-04-288ANSWER to 1 Complaint,. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 04/28/2017)
2017-05-039NOTICE OF INITIAL PRETRIAL CONFERENCE: This case has been assigned to me for all purposes. It is hereby ORDERED that counsel for all parties appear for an initial pretrial conference with the Court on August 22, 2017 at 2:30 PM in Courtroom 906 of the United States District Court for the Southern District of New York, Thurgood Marshall U.S. Courthouse at 40 Foley Square, New York, New York. And as set forth herein. Initial Conference set for 8/22/2017 at 02:30 PM in Courtroom 906, 40 Centre Street, New York, NY 10007 before Judge Alison J. Nathan. (Signed by Judge Alison J. Nathan on 5/02/2017) (ama) (Entered: 05/03/2017)
2017-08-1510JOINT LETTER addressed to Judge Alison J. Nathan from Christine S. Poscablo dated August 15, 2017 re: In Advance of Initial Pretrial Conference and Request to Adjourn Initial Pretrial Conference. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 08/15/2017)
2017-08-1711MEMO ENDORSEMENT on re: 10 Letter, filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: The Court hereby reschedules the initial pretrial conference previously scheduled for August 22, 2017 to October 6, 2017 at 3:00 P.M. The parties shall provide the Court with a status report concerning their efforts to settle this matter by September 29, 2017. The parties are relieved of their obligation to submit a Civil Case Management Plan and Scheduling Order to the Court per Local Civil Rule 16.1. SO ORDERED. (Initial Conference set for 10/6/2017 at 03:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 8/17/2017) (mml) (Entered: 08/17/2017)
2017-09-2912STATUS REPORT. and Request for Adjournment of Initial Pretrial Conference Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 09/29/2017)
2017-10-0213MEMO ENDORSEMENT: on re: 12 Status Report filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: The parties' joint request to file another status update by October 30, 2017 is granted. The initial pretrial conference previously scheduled for October 6, 2017 is hereby adjourned to November 17, 2017 at 2:00P.M. (Initial Conference set for 11/17/2017 at 2:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/2/2017) (ap) (Entered: 10/02/2017)
2017-10-1014MEMO ENDORSEMENT on NOTICE OF WITHDRAWAL OF COUNSEL. ENDORSEMENT: SO ORDERED. (Attorney Ian MacDougall terminated.) (Signed by Judge Alison J. Nathan on 10/10/2017) (ras) (Entered: 10/10/2017)
2017-10-3015STATUS REPORT. and Request for Adjournment of Initial Pretrial Conference Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 10/30/2017)
2017-10-3116MEMO ENDORSEMENT on re: 15 Status Report filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: The parties' joint request is GRANTED. The parties shall submit a joint status updated by December 15, 2017. The initial pretrial conference previously scheduled for November 17, 2017 is hereby adjourned to January 19, 2018 at 2:00 P.M. ( Initial Conference set for 1/19/2018 at 02:00 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 10/31/2017) (mro) (Entered: 11/01/2017)
2017-12-1517STATUS REPORT. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 12/15/2017)
2017-12-2218MEMO ENDORSEMENT: on re: 17 Status Report filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 12/21/2017) (ap) (Entered: 12/22/2017)
2017-12-2819ORDER: The initial pretrial conference previously scheduled for January 19, 2018, see Dkt. No. 16, is hereby adjourned to January 26, 2018 at 2:15 P.M. (Initial Conference set for 1/26/2018 at 2:15 PM before Judge Alison J. Nathan.) (Signed by Judge Alison J. Nathan on 12/28/2017) (ap) (Entered: 12/28/2017)
2018-01-1120STATUS REPORT. and Proposed Schedule for Responding to FOIA Request Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 01/11/2018)
2018-01-1221MEMO ENDORSEMENT on re: 20 Status Report filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 1/12/2018) (cf) (Entered: 01/12/2018)
2018-01-2222ORDER: An initial pretrial conference having been scheduled for January 26, 2018, see Dkt. No. 19, the parties were ordered to file a proposed Civil Case Management Plan and Scheduling Order (or, "CMP") "no later than seven days prior to the Initial Pretrial Conference." Dkt. No. 9. As of the date of this Order, the Court has yet to receive such a submission. Despite the Court's endorsement of a proposed schedule for responding to Plaintiffs' FOIA request, see Dkt. No. 21, the parties are ordered to submit a joint letter and CMP by January 24, 2018 at 5 P.M. (Signed by Judge Alison J. Nathan on 1/22/2018) (cf) (Entered: 01/22/2018)
2018-01-2223LETTER MOTION to Adjourn Conference and for Leave to Sumbit an Updated Proposed Schedule for Processing Plaintiffs' FOIA Request, Followed by Monthly Status Reports, and Response to Order Dated January 22, 2018 Directing the Parties to Submit a Joint Letter and Proposed Case Management Plan and Scheduling Order addressed to Judge Alison J. Nathan from Christine S. Poscablo dated January 22, 2018. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Attachments: # 1 Exhibit A (Dkt. Nos. 10 and 11), # 2 Exhibit B (Prposed Case Management Plan and Scheduling Order))(Poscablo, Christine) (Entered: 01/22/2018)
2018-01-2324ORDER granting 23 Letter Motion to Adjourn Conference. SO ORDERED. (Signed by Judge Alison J. Nathan on 1/22/2018) (mml) (Entered: 01/23/2018)
2018-01-3025LETTER MOTION for Extension of Time to Produce Document in Response to FOIA Request Pursuant to Schedule Entered by the Court addressed to Judge Alison J. Nathan from Christine S. Poscablo dated January 30, 2018. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 01/30/2018)
2018-02-0126ORDER granting 25 Letter Motion for Extension of Time. The Court extends the deadline for production of the closing audit report from January 31, 2018 to February 8, 2018. There will be no further extensions of this deadline absent extraordinary circumstances. SO ORDERED. (Signed by Judge Alison J. Nathan on 2/1/2018) (ras) (Entered: 02/01/2018)
2018-03-0727LETTER addressed to Judge Alison J. Nathan from Christine S. Poscablo dated March 7, 2018 re: Status Update on Defendant's Processing of Documents in Response to Plaintiffs' FOIA Request. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 03/07/2018)
2018-03-0928MEMO ENDORSEMENT on re: 27 Letter, filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 3/7/2018) (mml) (Entered: 03/09/2018)
2018-04-0629LETTER addressed to Judge Alison J. Nathan from Christine S. Poscablo dated April 6, 2018 re: Status Update and Request for Permission to Submit Further Status Update on May 10, 2018. Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 04/06/2018)
2018-04-0630MEMO ENDORSEMENT: on re: 29 Letter, filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 4/6/2018) (ap) (Entered: 04/06/2018)
2018-05-1031STATUS REPORT. and Request for Permission to Submit Further Status Report on or before May 22, 2018 Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 05/10/2018)
2018-05-1132MEMO ENDORSEMENT on re: 31 Status Report filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 5/11/2018) (cf) (Entered: 05/11/2018)
2018-05-2233STATUS REPORT. and Request for Permission to Submit Proposed Stipulation of Dismissal or Further Status Report on or before June 8, 2018 Document filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Poscablo, Christine) (Entered: 05/22/2018)
2018-05-2434MEMO ENDORSEMENT on re: 33 Status Report filed by Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Judge Alison J. Nathan on 5/23/2018) (cf) (Entered: 05/24/2018)
2018-06-0835STIPULATION AND ORDER OF VOLUNTARY DISMISSAL PURSUANT TO FED. R. CIV. P. 41(a)(1)(A)(ii): IT IS NOW HEREBY STIPULATED AND AGREED AS FOLLOWS: The Complaint shall be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) without costs and without attorneys' fees or conferral of prevailing party status pursuant to FOIA or any other federal statute. (As further set forth in this Order.) (Signed by Judge Alison J. Nathan on 6/7/2018) (cf) (Entered: 06/08/2018)
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