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Case TitleThe New York Times Company et al v. United States Department Of Justice
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv02095
Date Filed2018-03-08
Date ClosedOpen
JudgeJudge Lewis A. Kaplan
PlaintiffThe New York Times Company
PlaintiffKenneth P. Vogel
Case DescriptionNew York Times Reporter Kenneth Vogel submitted four FOIA requests to the Department of Justice for records concerning whether individuals representing four Ukrainian organizations were properly registered under the Foreign Agents Registration Act. Vogel also requested expedited processing. The agency acknowledged receipt of the requests. The agency denied Vogel's request for expedited processing as it related to one of the requests. Vogel filed an administrative appeal of that denial. But after hearing nothing further from the agency, Vogel and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit

DefendantUnited States Department of Justice
DefendantU.S. Department Of Justice
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
Complaint attachment 3
Complaint attachment 4
Complaint attachment 5
Complaint attachment 6
Complaint attachment 7
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-03-081FILING ERROR - DEFICIENT PLEADING - FILED AGAINST PARTY ERROR - COMPLAINT against U.S. Department Of Justice. (Filing Fee $ 400.00, Receipt Number 0208-14785493)Document filed by The New York Times Company, Kenneth P. Vogel. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G)(Schulz, David) Modified on 3/9/2018 (jgo). (Entered: 03/08/2018)
2018-03-082CIVIL COVER SHEET filed. (Schulz, David) (Entered: 03/08/2018)
2018-03-083RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company, Kenneth P. Vogel.(Schulz, David) (Entered: 03/08/2018)
2018-03-084REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint,. Document filed by The New York Times Company, Kenneth P. Vogel. (Schulz, David) (Entered: 03/08/2018)
2018-03-09***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David A. Schulz. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question);. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant);. (jgo) (Entered: 03/09/2018)
2018-03-09***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David A. Schulz. The party information for the following party/parties has been modified: United States Department of Justice. The information for the party/parties has been modified for the following reason/reasons: party name is entered incorrectly. (jgo) (Entered: 03/09/2018)
2018-03-09***NOTICE TO ATTORNEY REGARDING DEFICIENT PLEADING. Notice to Attorney David A. Schulz to RE-FILE Document No. 1 Complaint,. The filing is deficient for the following reason(s): due to party modification, the wrong party whom the pleading is against was selected;. Re-file the pleading using the event type Complaint found under the event list Complaints and Other Initiating Documents - attach the correct signed PDF - select the individually named filer/filers - select the individually named party/parties the pleading is against. (jgo) (Entered: 03/09/2018)
2018-03-09CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lewis A. Kaplan. 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 . (jgo) (Entered: 03/09/2018)
2018-03-09Magistrate Judge Robert W. Lehrburger is so designated. Pursuant to 28 U.S.C. Section 636(c) and Fed. R. Civ. P. 73(b)(1) parties are notified that they may consent to proceed before a United States Magistrate Judge. Parties who wish to consent may access the necessary form at the following link: http://nysd.uscourts.gov/forms.php . (jgo) (Entered: 03/09/2018)
2018-03-09Case Designated ECF. (jgo) (Entered: 03/09/2018)
2018-03-095COMPLAINT against United States Department of Justice. Document filed by The New York Times Company, Kenneth P. Vogel.(Schulz, David) (Entered: 03/09/2018)
2018-03-096ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (jgo) (Entered: 03/09/2018)
2018-03-157COMPLAINT against United States Department of Justice. Document filed by The New York Times Company, Kenneth P. Vogel. (Attachments: # 1 Exhibit A to Complaint, # 2 Exhibit B to Complaint, # 3 Exhibit C to Complaint, # 4 Exhibit D to Complaint, # 5 Exhibit E to Complaint, # 6 Exhibit F to Complaint, # 7 Exhibit G to Complaint)(Schulz, David) (Entered: 03/15/2018)
2018-03-238ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Referred to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Lewis A. Kaplan on 3/22/2018) (anc) (Entered: 03/23/2018)
2018-03-26NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Ona T. Wang. Please note that this is a reassignment of the designation only. (wb) (Entered: 03/26/2018)
2018-03-26NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Ona T. Wang, for General Pretrial General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement) and Dispositive Motion (i.e., motion requiring a Report and Recommendation). All such motions. Magistrate Judge Robert W. Lehrburger no longer referred to the case. (wb) (Entered: 03/26/2018)
2018-03-279NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of United States Department of Justice. (Aronoff, Peter) (Entered: 03/27/2018)
2018-03-2710AFFIDAVIT OF SERVICE of Complaint, Exhibits, Civil Cover Sheet, and Rule 7.1 Corporate Disclosure Statement served on United States Attorney for the Southern District of New York and Attorney General of the United States on March 9, 2018. Service was made by Mail. Document filed by The New York Times Company, Kenneth P. Vogel. (Schulz, David) (Entered: 03/27/2018)
2018-03-2811INITIAL CASE MANAGEMENT CONFERENCE ORDER: Initial Conference set for 4/25/2018 at 10:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang, and as further set forth in this order. (Signed by Magistrate Judge Ona T. Wang on 3/28/2018) (ap) (Entered: 03/29/2018)
2018-03-2912SUMMONS RETURNED EXECUTED (FOIA CASE) Summons and Complaint, served. United States Department of Justice served on 3/16/2018, answer due 4/16/2018. Service was accepted by Desiree Brown. Document filed by The New York Times Company; Kenneth P. Vogel. (Schulz, David) (Entered: 03/29/2018)
2018-03-30SCHEDULING ORDER: The Initial Conference scheduled for 4/25/2018 is hereby rescheduled and will take place on 4/27/2018 at 10:30 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 03/30/2018) (ss) (Entered: 03/30/2018)
2018-04-0313FIRST AMENDED COMPLAINT amending 7 Complaint, against United States Department of Justice.Document filed by The New York Times Company, Kenneth P. Vogel. Related document: 7 Complaint,. (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)(Schulz, David) (Entered: 04/03/2018)
2018-04-16NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Debra Freeman. Please note that this is a reassignment of the designation only. (wb) (Entered: 04/16/2018)
2018-04-16NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Debra C. Freeman, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Ona T. Wang no longer referred to the case. (wb) (Entered: 04/16/2018)
2018-04-16NOTICE OF REDESIGNATION TO ANOTHER MAGISTRATE JUDGE. The above entitled action has been redesignated to Magistrate Judge Stewart D. Aaron. Please note that this is a reassignment of the designation only. (wb) (Entered: 04/16/2018)
2018-04-16NOTICE OF REASSIGNMENT OF A REFERRAL TO ANOTHER MAGISTRATE JUDGE. The referral in the above entitled action has been reassigned to Magistrate Judge Stewart D. Aaron, for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Magistrate Judge Debra C. Freeman no longer referred to the case. (wb) (Entered: 04/16/2018)
2018-04-1614CONSENT LETTER MOTION for Extension of Time to File Answer re: 13 Amended Complaint, addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 4/16/2018. Document filed by United States Department of Justice.(Aronoff, Peter) (Entered: 04/16/2018)
2018-04-1715ORDER granting 14 Letter Motion for Extension of Time to Answer re 14 CONSENT LETTER MOTION for Extension of Time to File Answer re: 13 Amended Complaint, addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 4/16/2018. Request for extension of time to respond to the amended complaint until April 26, 2018 is GRANTED on consent. Initial Case Management conference to be held on April 26, 2018 at 10:00 a.m. in Courtroom 11C, 500 Pearl Street, New York, N.Y. Parties are to comply with provisions of Order dated 3/28/2018 (ECF No. 11) prior to conference. So Ordered. United States Department of Justice answer due 4/26/2018. (Signed by Magistrate Judge Stewart D. Aaron on 4/17/2018) (js) (Entered: 04/17/2018)
2018-04-17Set/Reset Hearings: Initial Conference set for 4/26/2018 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron. (js) (Entered: 04/17/2018)
2018-04-2416JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 4/24/2018 re: status update and request to be relieved of obligation to complete proposed scheduling order. Document filed by United States Department of Justice.(Aronoff, Peter) (Entered: 04/24/2018)
2018-04-2517MEMO ENDORSEMENT on re: 16 Letter, filed by United States Department of Justice. ENDORSEMENT: Request Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 4/25/2018) (js) (Entered: 04/25/2018)
2018-04-2618ANSWER to 13 Amended Complaint,. Document filed by United States Department of Justice.(Aronoff, Peter) (Entered: 04/26/2018)
2018-04-2619ORDER: it is hereby ORDERED as follows: 1.On or before May 10, 2018, the Government shall begin a rolling production of documents responsive to Plaintiffs' two FOIA requests for which DOJ previously determined that expedited processing was warranted (requests 17-275 and 17-276). (See Am. Compl. 21.) 2. On May 10, 2018, the Government shall file a letter regarding the status of each of the four FOIA requests, as well as a timeline for completing production of documents responsive to requests 17-275 and 17-276. (Signed by Magistrate Judge Stewart D. Aaron on 4/26/2018) (js) (Entered: 04/26/2018)
2018-05-1020LETTER addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 5/10/2018 re: status report and scheduling proposal. Document filed by United States Department of Justice.(Aronoff, Peter) (Entered: 05/10/2018)
2018-05-1121MEMO ENDORSEMENT on re: 20 Letter filed by United States Department of Justice. ENDORSEMENT: No later than Monday, May 14, 2018, Plaintiffs shall file their response, if any, to Defendant's proposals on pages 1 and 2 of this letter. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/11/2018) (kl) (Main Document 21 replaced on 5/11/2018) (kl). (Entered: 05/11/2018)
2018-05-1522MEMO ENDORSEMENT on re: 20 LETTER addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 5/10/2018 re: Status report and scheduling proposal. Document filed by United States Department of Justice. ENDORSEMENT: Application GRANTED. The government shall: (1) process the records already located by July 10, 2018; (2) conduct the additional search regarding internal correspondence of the FARA unit by May 24, 2018; (3) conduct a follow-up search of controlled correspondence records by May 18, 2018; and (4) file a status report on June 1, 2018 regarding these searches, including a proposed timeline for processing potentially responsive records that are returned. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/15/2018) (rjm). (Entered: 05/15/2018)
2018-06-0123LETTER addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 6/1/2018 re: status report. Document filed by United States Department of Justice.(Aronoff, Peter) (Entered: 06/01/2018)
2018-06-0424MEMO ENDORSEMENT on re: 23 Letter filed by United States Department of Justice. ENDORSEMENT: Plaintiffs shall respond no later than Wednesday, June 6, 2018 to the Government's proposal. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 6/4/2018) (kl) (Main Document 24 replaced on 6/4/2018) (kl). (Entered: 06/04/2018)
2018-06-0425LETTER addressed to Magistrate Judge Stewart D. Aaron from David A. Schulz dated June 4, 2018 re: response to status report and request for extension of time. Document filed by The New York Times Company, Kenneth P. Vogel.(Schulz, David) (Entered: 06/04/2018)
2018-06-0426ORDER: The parties are directed to appear for a Telephone Conference in this action on Thursday, July 12, 2018 at 10:00 a.m. During the conference, the parties should be prepared to discuss a reasonable, but prompt, schedule for the Government's processing of batch 3 records, as discussed in the Government's June 1, 2018 letter (ECF No. 23 ) and Plaintiffs' response (ECF No. 25). SO ORDERED. (Telephone Conference set for 7/12/2018 at 10:00 AM before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 6/4/2018) (anc) (Entered: 06/04/2018)
2018-06-07NOTICE of Hearing RESCHEDULED: The parties are directed to appear for a Telephone Conference in this action on Thursday, July 12, 2018 at 9:30 a.m. The parties shall call the Court's conference line at 212-805-0110 once all parties are on the line. (Telephone Conference set for 7/12/2018 at 09:30 AM before Magistrate Judge Stewart D. Aaron) (kl) (Entered: 06/07/2018)
2018-07-12Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephone Conference held on 7/12/2018. (kl) (Entered: 07/12/2018)
2018-07-1227ORDER: Following a telephone conference with the parties on July 12, 2018, and for the reasons stated on the record, it is hereby ORDERED as follows: 1. On or before August 13, 2018, the Government shall provide Plaintiffs with a draft Vaughn index for batch 1 and batch 2 records, as well as the subset of batch 3 records contained on the CD located in the physical files of the FARA Unit. 2. On or before August 13, 2018, the Government shall begin a rolling production of non-exempt batch 3 records (see 6/1/18 Letter, ECF No. 23), which production shall be completed no later than September 12, 2018. 3. The deadlines set forth in paragraphs 1 and 2 above may be extended for good cause shown. 4. The parties shall appear for a Conference in this action on Wednesday, September 19, 2018 at 10:00 a.m. in Courtroom 11C, United States Courthouse, 500 Pearl Street, New York, NY 10007. (Status Conference set for 9/19/2018 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 7/12/2018) (jwh) (Entered: 07/12/2018)
2018-08-0228ORDER ADJOURNING STATUS CONFERENCE: The Status Conference originally scheduled for Wednesday, September 19, 2018 at 10:00 a.m. is hereby adjourned to Thursday, September 20, 2018 at 10:00 a.m. EST in Courtroom 11C. SO ORDERED. (Status Conference set for 9/20/2018 at 10:00 AM in Courtroom 11C, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Stewart D. Aaron.) (Signed by Magistrate Judge Stewart D. Aaron on 8/2/2018) (Text Only Order) (Aaron, Stewart) (Entered: 08/02/2018)
2018-08-1029LETTER MOTION for Extension of Time addressed to Magistrate Judge Stewart D. Aaron from Peter Aronoff dated 8/10/2018. Document filed by United States Department of Justice.(Aronoff, Peter) (Entered: 08/10/2018)
2018-08-1030ORDER granting 29 Letter Motion for Extension of Time. Application Granted. So Ordered. (Signed by Magistrate Judge Stewart D. Aaron on 8/10/2018) (js) (Entered: 08/10/2018)
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