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Case TitleThe New York Times Company et al v. Federal Communications Commission
DistrictSouthern District of New York
CityFoley Square
Case Number1:2018cv08607
Date Filed2018-09-20
Date ClosedOpen
JudgeJudge Lorna G. Schofield
PlaintiffThe New York Times Company
PlaintiffNicholas Confessore
PlaintiffGabriel Dance
Case DescriptionNew York Times reporters Nicholas Confessore and Gabriel Dance submitted FOIA requests to the Federal Communications Commission for records concerning IP addresses, time stamps, and comments for public comments submitted pertaining to the agency's rulemaking procedure to repeal the net neutrality rules put in place during the Obama administration to explore allegations that a number of comments were generated by Russian bots. The agency denied the request entirely, claiming Exemption 6 (invasion of privacy). The Times filed an administrative appeal. The agency then told the Times that it had security concerns as well. The agency sent the Times a revised denial letter, citing both Exemption 6 and Exemption 7(E) (investigative methods and techniques). The Times filed another administrative appeal of the revised denial. After several back and forth discussions with the Times and the agency, including the Times' willingness to narrow its request, did not result in a final resolution of the appeal, the Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantFederal Communications Commission
User-contributed Documents
Docket Events (Hide)
Date FiledDoc #Docket Text

2018-09-201COMPLAINT against Federal Communications Commission. (Filing Fee $ 400.00, Receipt Number 0208-15594454)Document filed by The New York Times Company, Gabriel Dance, Nicholas Confessore.(McCraw, David) (Entered: 09/20/2018)
2018-09-202CIVIL COVER SHEET filed. (McCraw, David) (Entered: 09/20/2018)
2018-09-203RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Grupo Financiero Inbursa for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 09/20/2018)
2018-09-204REQUEST FOR ISSUANCE OF SUMMONS as to Federal Communications Commission, re: 1 Complaint. Document filed by Nicholas Confessore, Gabriel Dance, The New York Times Company. (McCraw, David) (Entered: 09/20/2018)
2018-09-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge John G. Koeltl. 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: 09/21/2018)
2018-09-21Magistrate Judge Sarah Netburn 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: 09/21/2018)
2018-09-21Case Designated ECF. (jgo) (Entered: 09/21/2018)
2018-09-245ELECTRONIC SUMMONS ISSUED as to Federal Communications Commission. (jgo) (Entered: 09/24/2018)
2018-09-24NOTICE OF CASE REASSIGNMENT to Judge Lorna G. Schofield. Judge John G. Koeltl is no longer assigned to the case. (ma) (Entered: 09/24/2018)
2018-10-026ORDER: Initial Conference set for 11/15/2018 at 10:30 AM in Courtroom 1106, Thurgood Marshal Courthouse, 40 Foley Square, New York, NY 10007 before Judge Lorna G. Schofield. (Signed by Judge Lorna G. Schofield on 10/2/2018) (jca) (Entered: 10/02/2018)
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by FOIA Project Staff
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