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Case TitleThe New York Times Company et al v. United States Bureau of Alcohol, Tobacco, Firearms, and Explosives
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv02902
Date Filed2018-04-02
Date ClosedOpen
JudgeMagistrate Judge Stewart D. Aaron
PlaintiffThe New York Times Company
PlaintiffEileen Sullivan
Case DescriptionNew York Times Reporter Eileen Sullivan submitted a FOIA request to the Bureau of Alcohol, Tobacco and Firearms for records concerning communications between the agency and Congress or a variety of gun-related organizations pertaining to bump stocks. Sullivan also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. The agency denied Sullivan's request for expedited processing but told her that as a member of the media she would not be charged search fees. After hearing nothing further from the agency, the New Times and Sullivan filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Bureau of Alcohol, Tobacco, Firearms, and Explosives
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-021COMPLAINT against United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. (Filing Fee $ 400.00, Receipt Number 0208-14887516)Document filed by The New York Times Company, Eileen Sullivan.(Langford, John) (Entered: 04/02/2018)
2018-04-022FILING ERROR - PDF ERROR - CIVIL COVER SHEET filed. (Langford, John) Modified on 4/3/2018 (jgo). (Entered: 04/02/2018)
2018-04-023FILING ERROR - DEFICIENT PLEADING - SUMMONS REQUEST PDF ERROR - REQUEST FOR ISSUANCE OF SUMMONS as to United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, re: 1 Complaint. Document filed by Eileen Sullivan, The New York Times Company. (Langford, John) Modified on 4/3/2018 (jgo). (Entered: 04/02/2018)
2018-04-024RULE 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 Eileen Sullivan, The New York Times Company.(Langford, John) (Entered: 04/02/2018)
2018-04-03***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney John Langford to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): pdf not signed or dated by attorney;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 04/03/2018)
2018-04-035CIVIL COVER SHEET filed. (Langford, John) (Entered: 04/03/2018)
2018-04-03CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Gregory H. Woods. 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: 04/03/2018)
2018-04-03Magistrate Judge Stewart D. Aaron 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: 04/03/2018)
2018-04-03Case Designated ECF. (jgo) (Entered: 04/03/2018)
2018-04-03***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney John Langford to RE-FILE Document No. 3 Request for Issuance of Summons,. The filing is deficient for the following reason(s): party name whom summons is for is not exactly correct on pdf;. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (jgo) (Entered: 04/03/2018)
2018-04-036REQUEST FOR ISSUANCE OF SUMMONS as to United States Bureau of Alcohol, Tobacco, Firearms, and Explosives, re: 1 Complaint. Document filed by Eileen Sullivan, The New York Times Company. (Langford, John) (Entered: 04/03/2018)
2018-04-047ELECTRONIC SUMMONS ISSUED as to United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. (jgo) (Entered: 04/04/2018)
2018-04-118AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Bureau of Alcohol, Tobacco, Firearms, and Explosives served on 4/9/2018, answer due 5/9/2018. Service was made by MAIL. Document filed by The New York Times Company; Eileen Sullivan. (Langford, John) (Entered: 04/11/2018)
2018-04-119AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Attorney General served on 4/9/2018, answer due 5/9/2018. Service was made by MAIL. Document filed by The New York Times Company; Eileen Sullivan. (Langford, John) (Entered: 04/11/2018)
2018-04-1110AFFIDAVIT OF SERVICE (FOIA CASE) of Summons and Complaint served. United States Attorney's Office, Southern District of New York served on 4/9/2018, answer due 5/9/2018. Service was made by MAIL. Document filed by The New York Times Company; Eileen Sullivan. (Langford, John) (Entered: 04/11/2018)
2018-05-0111NOTICE OF INITIAL CONFERENCE: Initial Conference set for 6/26/2018 at 04:30 PM in Courtroom 12C, 500 Pearl Street, New York, NY 10007 before Judge Gregory H. Woods. (Signed by Judge Gregory H. Woods on 5/1/2018) (rro) (Entered: 05/01/2018)
2018-05-0812ANSWER to 1 Complaint. Document filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Bretz, Emily) (Entered: 05/08/2018)
2018-05-0913ORDER: It is hereby ORDERED that the parties must discuss whether they are willing to consent, under 28 U.S.C. § 636(c), to conducting all further proceedings before the assigned Magistrate Judge. If both parties consent to proceed before the Magistrate Judge, counsel for the defendant must, within two weeks of the date of this order mail or email directly to the Orders and Judgments Clerk (judgments@nysd.uscourts.gov) a fully executed Notice, Consent, and Reference of a Civil Action to a Magistrate Judge form, a copy of which is attached to this order (and also available at http://nysd.uscourts.gov/file/forms/consent-to-proceed-before-us-magistrate-judge); and as further set forth herein. SO ORDERED. (Signed by Judge Gregory H. Woods on 5/9/2018) (anc) Modified on 5/10/2018 (anc). (Entered: 05/09/2018)
2018-05-1714CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Stewart D. Aaron. (Signed by Judge Gregory H. Woods on 5/17/2018) (mro) (Entered: 05/18/2018)
2018-05-18NOTICE of Hearing: The parties are directed to appear via Telephone for an initial conference in the above-captioned matter on Friday, May 25, 2018, at 10:00 a.m. EST. The parties shall call the Court's conference line at 212-805-0110 once all parties are on the line. (Telephonic Initial Conference set for 5/25/2018 at 10:00 AM before Magistrate Judge Stewart D. Aaron) (kl) (Entered: 05/18/2018)
2018-05-2515ORDER: The above-captioned case, brought pursuant to the Freedom of Information Act ("FOIA"), is before me to conduct all proceedings in this case. (See ECF No. 14.) Plaintiffs, The New York Times Company and Eileen Sullivan ("Plaintiffs"), seek to compel the United States Bureau of Alcohol, Tobacco, Firearms and Explosives (the "Government") to release records of internal and external communications relating to the regulation of bump stocks for AR-15-type rifles. (Compl., ECF No. 1, 3, 11, 12.) Following an initial conference via telephone with the parties on May 25, 2018, it is hereby ORDERED as follows: 1. On or before June 8, 2018, the Government shall begin a rolling production of documents responsive to Plaintiffs' FOIA requests. 2. On June 15, 2018, the parties shall file a joint letter regarding the status of production. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 5/25/2018) (kl) (Entered: 05/25/2018)
2018-05-25Minute Entry for proceedings held before Magistrate Judge Stewart D. Aaron: Telephonic Initial Pretrial Conference held on 5/25/2018. (kl) (Entered: 05/25/2018)
2018-06-1516JOINT LETTER addressed to Magistrate Judge Stewart D. Aaron from Plaintiffs and Defendant dated June 15, 2018 re: Status of Productions. Document filed by Eileen Sullivan, The New York Times Company.(Langford, John) (Entered: 06/15/2018)
2018-06-1817MEMO ENDORSEMENT on re: 16 Letter filed by The New York Times Company, Eileen Sullivan. ENDORSEMENT: The parties shall submit a joint status report on July 20, 2018 updating the Court on the status of production. (Signed by Magistrate Judge Stewart D. Aaron on 6/18/2018) (kl) (Entered: 06/18/2018)
2018-07-1918STATUS REPORT. Document filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Bretz, Emily) (Entered: 07/19/2018)
2018-07-1919MEMO ENDORSEMENT on re: 18 STATUS REPORT. Document filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: Requested GRANTED. The parties shall submit another joint status report no later than September 7, 2018. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 7/19/2018) (rjm) (Entered: 07/19/2018)
2018-09-0720STATUS REPORT. Document filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Bretz, Emily) (Entered: 09/07/2018)
2018-09-1021MEMO ENDORSEMENT on re: 20 Status Report, filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: Request GRANTED. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 9/10/2018) (kl) (Entered: 09/10/2018)
2018-10-1722STATUS REPORT. In re: collection, review, and production of documents Document filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Bretz, Emily) (Entered: 10/17/2018)
2018-10-1723MEMO ENDORSEMENT on re: 22 Status Report filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: Request GRANTED. The next status update from the parties shall be jointly submitted no later than November 28, 2018. SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 10/17/2018) (anc) (Entered: 10/17/2018)
2018-11-2824STATUS REPORT. Document filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives.(Bretz, Emily) (Entered: 11/28/2018)
2018-11-2825MEMO ENDORSEMENT on re: 24 Status Report filed by United States Bureau of Alcohol, Tobacco, Firearms, and Explosives. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Stewart D. Aaron on 11/28/2018) (anc) (Entered: 11/28/2018)
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