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Case TitleThe New York Times Company et al v. United States Department of State
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv00645
Date Filed2019-01-23
Date ClosedOpen
JudgeJudge Jed S. Rakoff
PlaintiffThe New York Times Company
PlaintiffEric Lipton
Case DescriptionNew York Times reporter Eric Lipton submitted a FOIA request to the Department of State for records concerning ethics complaints filed by staff related to Transportation Secretary Elaine Chao's scheduled trip to China. The agency acknowledged receipt of the request and told Lipton that his request seemed to concern Transportation rather than State and asked him if he wanted to continue. Lipton indicated that he had sent a separate FOIA request to Transportation and wanted to continue with the processing of his request to State. The agency told Lipton that it had a backlog of 10,600 requests and as a result his request would take time to process. Lipton contacted State for an estimated completion date. State gave him an estimated completion date of April 2019. Lipton and the New York Times then filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of State
Documents
Docket
Complaint
Opinion/Order [23]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-231COMPLAINT against United States Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-16228536)Document filed by The New York Times Company, Eric Lipton.(McCraw, David) (Entered: 01/23/2019)
2019-01-232CIVIL COVER SHEET filed. (McCraw, David) (Entered: 01/23/2019)
2019-01-233RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Blackrock, Inc. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 01/23/2019)
2019-01-234REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint. Document filed by Eric Lipton, The New York Times Company. (McCraw, David) (Entered: 01/23/2019)
2019-01-24CASE 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: 01/24/2019)
2019-01-24Magistrate Judge Robert W. Lehrburger 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: 01/24/2019)
2019-01-24Case Designated ECF. (jgo) (Entered: 01/24/2019)
2019-01-245ELECTRONIC SUMMONS ISSUED as to United States Department of State. (jgo) (Entered: 01/24/2019)
2019-01-30NOTICE OF CASE REASSIGNMENT to Judge Jed S. Rakoff. Judge John G. Koeltl is no longer assigned to the case. (ma) (Entered: 01/30/2019)
2019-02-116AMENDED COMPLAINT amending 1 Complaint against United States Department of State.Document filed by The New York Times Company, Eric Lipton. Related document: 1 Complaint.(McCraw, David) (Entered: 02/11/2019)
2019-02-119NOTICE OF COURT CONFERENCE: Initial Conference set for 2/21/2019 at 11:00 AM in Courtroom 14B, 500 Pearl Street, New York, NY 10007 before Judge Jed S. Rakoff, as further set forth in this order. (Signed by Judge Jed S. Rakoff on 2/11/2019) (jwh) (Entered: 03/21/2019)
2019-02-147NOTICE OF APPEARANCE by Joseph Nicholas Cordaro on behalf of United States Department of State. (Cordaro, Joseph) (Entered: 02/14/2019)
2019-02-14Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 2/14/2019. (Kotowski, Linda) (Entered: 02/19/2019)
2019-03-138ANSWER to 6 Amended Complaint. Document filed by United States Department of State.(Cordaro, Joseph) (Entered: 03/13/2019)
2019-05-08Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 5/8/2019. (Kotowski, Linda) (Entered: 05/09/2019)
2019-05-09Minute Entry for proceedings held before Judge Jed S. Rakoff: ( Oral Argument set for 7/1/2019 at 03:30 PM before Judge Jed S. Rakoff.). (Kotowski, Linda) (Entered: 05/09/2019)
2019-05-2110MOTION for Summary Judgment . Document filed by United States Department of State.(Aronoff, Peter) (Entered: 05/21/2019)
2019-05-2111MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment . . Document filed by United States Department of State. (Aronoff, Peter) (Entered: 05/21/2019)
2019-05-2112DECLARATION of Eric F. Stein in Support re: 10 MOTION for Summary Judgment .. Document filed by United States Department of State. (Attachments: # 1 Vaughn index, # 2 FOIA request, # 3 State acknowledgment letter (Nov. 17, 2017), # 4 State release letter (Apr. 2, 2019), # 5 State release letter (May 1, 2019), # 6 State release letter (May 21, 2019), # 7 complete set of records as released)(Aronoff, Peter) (Entered: 05/21/2019)
2019-05-2113DECLARATION of Joel Szabat in Support re: 10 MOTION for Summary Judgment .. Document filed by United States Department of State. (Aronoff, Peter) (Entered: 05/21/2019)
2019-05-2114DECLARATION of Michael Bell in Support re: 10 MOTION for Summary Judgment .. Document filed by United States Department of State. (Aronoff, Peter) (Entered: 05/21/2019)
2019-06-0415NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Eric Lipton, The New York Times Company. (Green, Dana) (Entered: 06/04/2019)
2019-06-0416NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of Eric Lipton, The New York Times Company. (Sumar, Al-Amyn) (Entered: 06/04/2019)
2019-06-0417CROSS MOTION for Summary Judgment . Document filed by Eric Lipton, The New York Times Company.(McCraw, David) (Entered: 06/04/2019)
2019-06-0418MEMORANDUM OF LAW in Support re: 17 CROSS MOTION for Summary Judgment . . Document filed by Eric Lipton, The New York Times Company. (McCraw, David) (Entered: 06/04/2019)
2019-06-1719REPLY MEMORANDUM OF LAW in Support re: 10 MOTION for Summary Judgment . and in opposition to plaintiffs' cross-motion . Document filed by United States Department of State. (Aronoff, Peter) (Entered: 06/17/2019)
2019-06-1720DECLARATION of Michael Bell in Support re: 10 MOTION for Summary Judgment .. Document filed by United States Department of State. (Aronoff, Peter) (Entered: 06/17/2019)
2019-06-2421REPLY MEMORANDUM OF LAW in Support re: 17 CROSS MOTION for Summary Judgment . . Document filed by Eric Lipton, The New York Times Company. (McCraw, David) (Entered: 06/24/2019)
2019-07-01Minute Entry for proceedings held before Judge Jed S. Rakoff: Oral Argument held on 7/1/2019 re: 10 MOTION for Summary Judgment . filed by United States Department of State, 17 CROSS MOTION for Summary Judgment . filed by The New York Times Company, Eric Lipton. (Kotowski, Linda) (Entered: 07/01/2019)
2019-07-0522NOTICE of Departure from the United States Attorney's Office and Request for Termination of Appearance of AUSA Joseph N. Cordaro. Document filed by United States Department of State. (Cordaro, Joseph) (Entered: 07/05/2019)
2019-07-0923MEMORANDUM ORDER granting in part and denying in part 10 Motion for Summary Judgment; granting in part and denying in part 17 Motion for Summary Judgment: For the foregoing reasons, the Court holds that State's redactions are justified under Exemption 5, subject to the two exceptions discussed above. Accordingly, each party's motion is granted in part and denied in part. Within one week of the date hereof, State must release the two small portions of the communications for which redaction is not justified. The Clerk is directed to close the entries at docket numbers 10 and 17. (Signed by Judge Jed S. Rakoff on 7/9/2019) (jwh) (Entered: 07/09/2019)
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