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Case TitleThe New York Times Company et al v. Central Intelligence Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv03014
Date Filed2018-04-05
Date Closed2019-06-10
JudgeJudge P. Kevin Castel
PlaintiffThe New York Times Company
PlaintiffScott Shane
Case DescriptionNew York Times Reporter Scott Shane submitted a FOIA request to the CIA for records concerning the 1953 death of Frank Olson, who had worked for the U.S. Army and the CIA at Fort Dettrick. Shane had made a FOIA request for records on Olson in 2003 and received a total of 83 records with no indication that anything had not been disclosed. Those record suggested that Olson's death was the result of an accident or suicide. In 2016, Shane submitted a second FOIA request for Olson's records based on information he had received that records existed giving a much different account of Olson's death. The agency acknowledged receipt of that request. Shane later told the agency that he was uncertain if the medical records mentioned in his request were actually medical records or a euphemism for sensitive material. After hearing nothing further from the agency, the New York Times and Shane filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantCentral Intelligence Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-04-051COMPLAINT against Central Intelligence Agency. (Filing Fee $ 400.00, Receipt Number 0208-14905075)Document filed by The New York Times Company, Scott Shane.(McCraw, David) (Entered: 04/05/2018)
2018-04-052CIVIL COVER SHEET filed. (McCraw, David) (Entered: 04/05/2018)
2018-04-053RULE 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 The New York Times Company.(McCraw, David) (Entered: 04/05/2018)
2018-04-054REQUEST FOR ISSUANCE OF SUMMONS as to Central Intelligence Agency, re: 1 Complaint. Document filed by Scott Shane, The New York Times Company. (McCraw, David) (Entered: 04/05/2018)
2018-04-06CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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: 04/06/2018)
2018-04-06Magistrate Judge Barbara C. Moses 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: 04/06/2018)
2018-04-06Case Designated ECF. (jgo) (Entered: 04/06/2018)
2018-04-065ELECTRONIC SUMMONS ISSUED as to Central Intelligence Agency. (jgo) (Entered: 04/06/2018)
2018-04-116ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 6/29/2018 at 11:15 AM in Courtroom 11D at the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (Signed by Judge P. Kevin Castel on 4/11/2018) (mro) (Entered: 04/11/2018)
2018-04-117Vacated as per Judge's Order dated 4/20/2018, Doc. # 10 ORDER TO ANSWER: This Court, having received Petitioner's complaint seeking a writ of mandamus pursuant to 28 U.S.C. § 1361, hereby ORDERS that: The United States Attorney for the Southern District of New York must respond within 60 days. The petitioner may file a reply within 14 days of the filing of the response. It is further ORDERED that the Clerk of Court transmit a copy of this Order and the Complaint to the United States Attorney for this District, Attention: Chief of the Civil Division. (Signed by Judge P. Kevin Castel on 4/11/2018) (mro) Modified on 4/20/2018 (ap). (Entered: 04/11/2018)
2018-04-11Transmission to Docket Assistant Clerk. Transmitted re: 7 Order to Answer,,, to the Docket Assistant Clerk for case processing. (mro) (Entered: 04/11/2018)
2018-04-12Mailed a copy of 1 Complaint, 7 Order to Answer to United States Attorney for the Southern District of New York, 86 Chambers St, New York, New York 10007. (rro) (Entered: 04/12/2018)
2018-04-168NOTICE OF APPEARANCE by Jacob Thomas Lillywhite on behalf of Central Intelligence Agency. (Lillywhite, Jacob) (Entered: 04/16/2018)
2018-04-179JOINT LETTER addressed to Judge P. Kevin Castel from Jacob Lillywhite dated 4/17/2018 re: The Court's Order to Answer dated April 11, 2018. Document filed by Central Intelligence Agency.(Lillywhite, Jacob) (Entered: 04/17/2018)
2018-04-2010MEMO ENDORSEMENT: on re: 9 Letter filed by Central Intelligence Agency. ENDORSEMENT: Order of April 11 is VACATED. SO ORDERED. (Signed by Judge P. Kevin Castel on 4/20/2018) (ap) (Entered: 04/20/2018)
2018-05-1111ANSWER to 1 Complaint. Document filed by Central Intelligence Agency.(Lillywhite, Jacob) (Entered: 05/11/2018)
2018-06-2212JOINT LETTER addressed to Judge P. Kevin Castel from David E. McCraw dated 6/22/18 re: In advance of initial pretrial conference and request to adjourn initial pretrial conference. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 06/22/2018)
2018-06-2513MEMO ENDORSEMENT on re: 12 Letter, filed by The New York Times Company, Scott Shane. ENDORSEMENT: Initial Conference date of June 29 is VACATED. Parties are directed to submit a joint status update on of before August 10, 2018. (Signed by Judge P. Kevin Castel on 6/25/2018) (kgo) (Entered: 06/25/2018)
2018-08-1014JOINT LETTER addressed to Judge P. Kevin Castel from Jacob Lillywhite dated 8/10/2018 re: Status Update. Document filed by Central Intelligence Agency.(Lillywhite, Jacob) (Entered: 08/10/2018)
2018-08-2215MEMO ENDORSEMENT on re: 14 Letter filed by Central Intelligence Agency. ENDORSEMENT: Submit update by November 16, 2018. (Signed by Judge P. Kevin Castel on 8/22/2018) (cf) (Entered: 08/22/2018)
2018-11-1616JOINT LETTER addressed to Judge P. Kevin Castel from David E. McCraw dated November 16, 2018 re: Status Update. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 11/16/2018)
2018-11-3017MEMO ENDORSEMENT on re: 16 Letter filed by The New York Times Company, Scott Shane. ENDORSEMENT: OK. Proposal approved. (Signed by Judge P. Kevin Castel on 11/30/2018) (jwh) (Entered: 11/30/2018)
2018-12-2718STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/2018) (mro) (Entered: 01/02/2019)
2018-12-27Case Stayed (mro) (Entered: 01/14/2019)
2019-02-0819JOINT LETTER addressed to Judge P. Kevin Castel from David E. McCraw dated 02/08/2019 re: Status Report. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 02/08/2019)
2019-02-1120MEMO ENDORSEMENT on re: 19 Letter filed by The New York Times Company, Scott Shane. ENDORSEMENT: Schedule approved. (Motions due by 3/29/2019. Cross Motions due by 4/26/2019. Responses due by 5/17/2019. Replies due by 5/31/2019.) (Signed by Judge P. Kevin Castel on 2/8/2019) (jwh) (Entered: 02/11/2019)
2019-03-2721NOTICE OF APPEARANCE by David Stuart Jones on behalf of Central Intelligence Agency. (Jones, David) (Entered: 03/27/2019)
2019-03-2722CONSENT LETTER MOTION for Extension of Time for summary judgment briefing, in light of agreement defendant will perform supplemental search and parties thereafter will brief only narrowed issues if dispute is not resolved addressed to Judge P. Kevin Castel from David S. Jones dated March 27, 2019. Document filed by Central Intelligence Agency.(Jones, David) (Entered: 03/27/2019)
2019-03-2823ORDER granting 22 Letter Motion for Extension of Time: Application granted and schedule approved. (Signed by Judge P. Kevin Castel on 3/28/2019) (jwh) (Entered: 03/28/2019)
2019-03-28Set/Reset Deadlines: Motions due by 5/28/2019. Cross Motions due by 6/25/2019. Responses due by 7/16/2019. Replies due by 7/30/2019. (jwh) (Entered: 03/28/2019)
2019-05-2824MOTION for Summary Judgment . Document filed by Central Intelligence Agency.(Lillywhite, Jacob) (Entered: 05/28/2019)
2019-05-2825MEMORANDUM OF LAW in Support re: 24 MOTION for Summary Judgment . . Document filed by Central Intelligence Agency. (Lillywhite, Jacob) (Entered: 05/28/2019)
2019-05-2826DECLARATION of Antoinette B. Shiner in Support re: 24 MOTION for Summary Judgment .. Document filed by Central Intelligence Agency. (Attachments: # 1 Exhibit A-G)(Lillywhite, Jacob) (Entered: 05/28/2019)
2019-06-0327LETTER addressed to Judge P. Kevin Castel from David E. McCraw dated 06/03/2019 re: DISMISSAL OF LAWSUIT. Document filed by Scott Shane, The New York Times Company.(McCraw, David) (Entered: 06/03/2019)
2019-06-0728FILING ERROR - DEFICIENT DOCKET ENTRY - PROPOSED ORDER. Document filed by Central Intelligence Agency. (Lillywhite, Jacob) Proposed Order to be reviewed by Clerk's Office staff. Modified on 6/7/2019 (dt). (Entered: 06/07/2019)
2019-06-07***NOTICE TO ATTORNEY REGARDING DEFICIENT PROPOSED ORDER. Notice to attorney Jacob Lillywhite to RE-FILE Document No. 28 Proposed Order. The filing is deficient for the following reason(s): the wrong event type was used to file the proposed order; Re-file the document using the event type Proposed Stipulation and Order found under the event list Proposed Orders. - select the correct filer/filers - attach the correct signed (scanned signature image) and dated PDF. (dt) (Entered: 06/07/2019)
2019-06-0729PROPOSED STIPULATION AND ORDER. Document filed by Central Intelligence Agency. (Lillywhite, Jacob) (Entered: 06/07/2019)
2019-06-1030STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. CIA's October 31, 2018 production resolves any and all claims that Plaintiffs now have or may hereinafter acquire against CIA or the United States of America (the "United States"), or any department, agency, officer, or employee of CIA and/or the United States, related to or arising out of the FOIA Request. 2. This action is hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. 3. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. The Clerk is directed to terminate all motions and close the case. (Signed by Judge P. Kevin Castel on 6/10/2019) (jwh) (Entered: 06/10/2019)
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