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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
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)
2018-12-1314LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Lorna G. Schofield from AUSA Tomoko Onozawa dated 12/13/2018. Document filed by Federal Communications Commission.(Onozawa, Tomoko) (Entered: 12/13/2018)
2018-12-1415ORDER: granting 14 Letter Motion for Extension of Time to File. Application GRANTED. The deadline for the Government to file its summary judgment motion is extended from December 17, 2018, to January 4, 2019. Plaintiffs shall file their opposition and cross-motion for summary judgment by February 5, 2019. The Government shall file its opposition to Plaintiffs' cross-motion for summary judgment and its reply in further support of its summary judgment motion by March 5, 2019. Plaintiffs shall file their reply in further support of their cross-motion for summary judgment by March 12, 2019. (Signed by Judge Lorna G. Schofield on 12/14/2018) (ama) (Entered: 12/14/2018)
2018-12-14Set/Reset Deadlines: Cross Motions due by 2/5/2019. Motions due by 1/4/2019. Responses due by 3/5/2019 Replies due by 3/12/2019. (ama) Modified on 12/14/2018 (ama). (Entered: 12/14/2018)
2018-12-14Set/Reset Deadlines: Responses due by 3/5/2019 (ama) (Entered: 12/14/2018)
2018-12-2716STANDING 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)
2019-01-2817ORDER: WHEREAS, this case was stayed on December 27, 2019 (Dkt. 16). It is hereby ORDERED that the stay is lifted. It is further ORDERED that by March 4, 2019, the Government shall file its motion for summary judgment. By April 1, 2019, Plaintiff shall file its opposition and cross-motion for summary judgment. By April 22, 2019, the Government shall file its reply and opposition to Plaintiff's cross-motion for summary judgment. By May 2, 2019, Plaintiff shall file its reply in support of its cross-motion for summary judgment. (Cross Motions due by 4/1/2019., Motions due by 3/4/2019., Responses due by 4/22/2019, Replies due by 5/2/2019.) (Signed by Judge Lorna G. Schofield on 1/28/2019) (cf) (Entered: 01/28/2019)
2019-02-2818LETTER MOTION for Extension of Time to File FCC Motion for Summary Judgment addressed to Judge Lorna G. Schofield from AUSA Tomoko Onozawa dated 2/28/2019. Document filed by Federal Communications Commission.(Onozawa, Tomoko) (Entered: 02/28/2019)
2019-03-0119ORDER granting 18 Letter Motion for Extension of Time to File: Application GRANTED. The parties' proposed briefing schedule is adopted. No further extensions will be granted absent extenuating circumstances. (Signed by Judge Lorna G. Schofield on 3/1/2019) (jwh) (Entered: 03/01/2019)
2019-03-01Set/Reset Deadlines: Motions due by 3/13/2019. Cross Motions due by 4/10/2019. Responses due by 5/1/2019. Replies due by 5/21/2019. (jwh) (Entered: 03/01/2019)
2019-03-1220LETTER MOTION for Extension of Time to File Motion for Summary Judgment addressed to Judge Lorna G. Schofield from AUSA Tomoko Onozawa dated 3/12/2019. Document filed by Federal Communications Commission.(Onozawa, Tomoko) (Entered: 03/12/2019)
2019-03-1321ORDER granting 20 Letter Motion for Extension of Time to File. Application GRANTED. The Government shall file its Motion for Summary Judgment by March 14, 2019. Plaintiffs shall file their Opposition and Cross-motion for Summary Judgment by April 11, 2019. The Government shall file its Opposition and Reply by May 2, 2019. Plaintiffs shall file their Reply by May 22, 2019.. (Signed by Judge Lorna G. Schofield on 3/13/2019) (ne) (Entered: 03/13/2019)
2019-03-13Set/Reset Deadlines: Cross Motions due by 4/11/2019. Responses due by 5/2/2019. Replies due by 5/22/2019. (ne) (Entered: 03/13/2019)
2019-03-1422MOTION for Summary Judgment . Document filed by Federal Communications Commission.(Onozawa, Tomoko) (Entered: 03/14/2019)
2019-03-1423MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment . . Document filed by Federal Communications Commission. (Onozawa, Tomoko) (Entered: 03/14/2019)
2019-03-1424DECLARATION of Erik Scheibert in Support re: 22 MOTION for Summary Judgment .. Document filed by Federal Communications Commission. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I)(Onozawa, Tomoko) (Entered: 03/14/2019)
2019-04-1025NOTICE OF APPEARANCE by John Clopper on behalf of Nicholas Confessore, Gabriel Dance, The New York Times Company. (Clopper, John) (Entered: 04/10/2019)
2019-04-1026NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of Nicholas Confessore, Gabriel Dance, The New York Times Company. (Sumar, Al-Amyn) (Entered: 04/10/2019)
2019-04-1027CROSS MOTION for Summary Judgment . Document filed by Nicholas Confessore, Gabriel Dance, The New York Times Company.(McCraw, David) (Entered: 04/10/2019)
2019-04-1028MEMORANDUM OF LAW in Support re: 27 CROSS MOTION for Summary Judgment . . Document filed by Nicholas Confessore, Gabriel Dance, The New York Times Company. (McCraw, David) (Entered: 04/10/2019)
2019-05-0229REPLY MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment . and in Opposition to 27 Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Federal Communications Commission. (Onozawa, Tomoko) (Entered: 05/02/2019)
2019-05-0230DECLARATION of Erik Scheibert (Second Declaration) in Support re: 22 MOTION for Summary Judgment .. Document filed by Federal Communications Commission. (Onozawa, Tomoko) (Entered: 05/02/2019)
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by FOIA Project Staff
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