Skip to content

Case Detail

[Subscribe to updates]
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
Documents
Docket
Complaint
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 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: 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: http://nysd.uscourts.gov/forms.php . (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)
2018-10-057NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of Federal Communications Commission. (Onozawa, Tomoko) (Entered: 10/05/2018)
2018-10-118LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Lorna G. Schofield from AUSA Tomoko Onozawa dated 10/11/2018. Document filed by Federal Communications Commission.(Onozawa, Tomoko) (Entered: 10/11/2018)
2018-10-129ORDER granting in part 8 Letter Motion for Extension of Time to Answer. Application GRANTED. Defendant shall file its Answer by November 2, 2018. (Signed by Judge Lorna G. Schofield on 10/12/2018) (jca) Modified on 10/12/2018 (jca). (Entered: 10/12/2018)
2018-10-12Set/Reset Deadlines: Federal Communications Commission answer due 11/2/2018. (jca) (Entered: 10/12/2018)
2018-10-1610MEMO ENDORSEMENT on re: 8 LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Lorna G. Schofield from AUSA Tomoko Onozawa dated 10/11/2018. filed by Federal Communications Commission. ENDORSEMENT: Application GRANTED. Defendant shall file its Answer by November 9, 2018. Federal Communications Commission answer due 11/9/2018. (Signed by Judge Lorna G. Schofield on 10/16/2018) (cf) (Entered: 10/16/2018)
2018-11-0811LETTER addressed to Judge Lorna G. Schofield from David McCraw dated November 8, 2018 re: Initial Pretrial Conference. Document filed by Nicholas Confessore, Gabriel Dance, The New York Times Company.(McCraw, David) (Entered: 11/08/2018)
2018-11-0912MEMO ENDORSEMENT on re: 11 Letter filed by The New York Times Company, Gabriel Dance, Nicholas Confessore. ENDORSEMENT: Application GRANTED. The initial pretrial conference scheduled for November 15, 2018, is CANCELLED. The FCC shall file its motion for summary judgment by December 17, 2018. The Times shall file its cross-motion for summary judgment and opposition to the FCCs motion by January 17, 2019. The FCC shall file its opposition to The Times's cross-motion and reply in support of its motion by February 15, 2019. The Times shall file its reply in support of its cross-motion by February 22, 2019. Each party is limited to a total of 45 pages of briefing, to be allocated between the two memoranda of law. (Cross Motions due by 1/17/2019, Motions due by 12/17/2018, Responses due by 2/15/2019, Replies due by 2/22/2019.) (Signed by Judge Lorna G. Schofield on 11/9/2018) (jca) Modified on 11/9/2018 (jca). (Entered: 11/09/2018)
2018-11-0913ANSWER to 1 Complaint. Document filed by Federal Communications Commission.(Onozawa, Tomoko) (Entered: 11/09/2018)
Hide Docket Events
by FOIA Project Staff
Skip to toolbar