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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 ClosedOpen
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
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 . 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 . (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: . (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)
2018-04-117ORDER 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) (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)
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by FOIA Project Staff