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Case TitleThe New York Times Company et al v. Department of Education
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv00693
Date Filed2019-01-24
Date ClosedOpen
JudgeJudge Laura Taylor Swain
PlaintiffThe New York Times Company
PlaintiffErica Green
Case DescriptionNew York Times reporter Erica Green submitted a FOIA request to the Department of Education for records concerning emails received by agency employees with a number of keywords pertaining to the school shooting at Majory Stoneman Douglas High School. The agency acknowledged receipt of the request. The agency asked Green to narrow the scope of her request. Green did so. After hearing nothing further from the agency, Green and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Education
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-241COMPLAINT against Department of Education. (Filing Fee $ 400.00, Receipt Number ANYSDC-16235618)Document filed by The New York Times Company, Erica Green.(McCraw, David) (Entered: 01/24/2019)
2019-01-242CIVIL COVER SHEET filed. (McCraw, David) (Entered: 01/24/2019)
2019-01-243RULE 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: 01/24/2019)
2019-01-244REQUEST FOR ISSUANCE OF SUMMONS as to Department of Education, re: 1 Complaint. Document filed by Erica Green, The New York Times Company. (McCraw, David) (Entered: 01/24/2019)
2019-01-25***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Edward McCraw. The following case opening statistical information was erroneously selected/entered: County code Albany;. The following correction(s) have been made to your case entry: the County code has been modified to New York;. (jgo) (Entered: 01/25/2019)
2019-01-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Laura Taylor Swain. 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: 01/25/2019)
2019-01-25Magistrate Judge James L. Cott 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: 01/25/2019)
2019-01-25Case Designated ECF. (jgo) (Entered: 01/25/2019)
2019-01-255ELECTRONIC SUMMONS ISSUED as to Department of Education. (jgo) (Entered: 01/25/2019)
2019-02-146ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge James L. Cott. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/14/2019) (ama) (Entered: 02/14/2019)
2019-02-157LETTER MOTION for Extension of Time to File Answer addressed to Judge Laura Taylor Swain from Stephen Cha-Kim dated 02/15/2019. Document filed by Department of Education.(Cha-Kim, Stephen) (Entered: 02/15/2019)
2019-02-198ORDER granting 7 Letter Motion for Extension of Time to Answer. The Defendant's time to answer the complaint is hereby extended from March 6 to March 21, 2019, on consent. For the future, any pretrial matters should be directed to my attention, as Judge Swain has referred this case to me for general pretrial supervision. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 02/19/2019)
2019-03-219ANSWER to 1 Complaint. Document filed by Department of Education.(Hogan, Alexander) (Entered: 03/21/2019)
2019-03-2510ORDER FOR CONFERENCE PURSUANT TO RULE 16: The Court shall hold an initial case management conference in accordance with Fed. R. Civ. P. 16(a), on April 16, 2019 at 11 a.m. in Courtroom 21D, United States Courthouse, 500 Pearl Street, New York, New York. All parties must appear at this conference and should arrive prior to the scheduled time so that the conference may begin promptly Initial Conference set for 4/16/2019 at 11:00 AM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. (Signed by Magistrate Judge James L. Cott on 3/25/2019) (js) (Entered: 03/26/2019)
2019-04-0911JOINT LETTER addressed to Magistrate Judge James L. Cott from David E. McCraw dated April 9, 2019 re: Initial Case Management Conference. Document filed by Erica Green, The New York Times Company.(McCraw, David) (Entered: 04/09/2019)
2019-04-1012NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of Erica Green, The New York Times Company. (Sumar, Al-Amyn) (Entered: 04/10/2019)
2019-04-1513NOTICE OF APPEARANCE by Alexander James Hogan on behalf of Department of Education. (Hogan, Alexander) (Entered: 04/15/2019)
2019-04-16Minute Entry for proceedings held before Magistrate Judge James L. Cott: Initial Pretrial Conference held on 4/16/2019. (Court Reporter Michael McDaniel) (Tam, David) (Entered: 04/16/2019)
2019-04-2414PROPOSED STIPULATION AND ORDER. Document filed by Erica Green, The New York Times Company. (McCraw, David) (Entered: 04/24/2019)
2019-04-2515STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. DOE shall produce to Plaintiffs 500 pages of email correspondence (excluding attachments) on each of May 10, 2019, May 30, 2019, and June 30, 2019. Thereafter, productions will occur pursuant to the process described herein at the rate of 1,000 pages per production; and as further set forth in this Order. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 4/25/2019) (jca) (Entered: 04/25/2019)
2019-06-0616LETTER addressed to Magistrate Judge James L. Cott from Alexander J. Hogan dated June 6, 2019 re: status report. Document filed by Department of Education.(Hogan, Alexander) (Entered: 06/06/2019)
2019-08-0517LETTER addressed to Magistrate Judge James L. Cott from Alexander J. Hogan dated August 5, 2019 re: status update. Document filed by Department of Education.(Hogan, Alexander) (Entered: 08/05/2019)
2019-10-0718LETTER addressed to Magistrate Judge James L. Cott from Alexander J. Hogan dated October 7, 2019 re: status update. Document filed by Department of Education.(Hogan, Alexander) (Entered: 10/07/2019)
2019-11-0819NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Erica Green, The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 11/08/2019)
2019-12-0620LETTER addressed to Magistrate Judge James L. Cott from Alexander J. Hogan dated December 6, 2019 re: status update. Document filed by Department of Education.(Hogan, Alexander) (Entered: 12/06/2019)
2020-02-0521JOINT LETTER addressed to Magistrate Judge James L. Cott from Alexandra Perloff-Giles dated February 5, 2020 re: The New York Times Co. et al. v. Department of Education, No. 19-cv-693 (LTS) (JLC). Document filed by Erica Green, The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 02/05/2020)
2020-02-1422JOINT LETTER addressed to Magistrate Judge James L. Cott from Alexandra Perloff-Giles dated February 14, 2020 re: The New York Times Co. et al. v. Department of Education, No. 19-cv-693 (LTS) (JLC). Document filed by Erica Green, The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 02/14/2020)
2020-03-1223MEMO ENDORSEMENT on re: 22 Letter. ENDORSEMENT: The proposed schedule is approved. DE #22 resolved. (Motions due by 4/17/2020. Cross Motions due by 5/18/2020. Responses due by 6/8/2020. Replies due by 6/29/2020.) (Signed by Judge Laura Taylor Swain on 3/12/2020) (jwh) (Entered: 03/12/2020)
2020-03-3024LETTER MOTION for Extension of Time of summary judgment briefing schedule addressed to Judge Laura Taylor Swain from Alexander J. Hogan dated March 30, 2020. Document filed by Department of Education..(Hogan, Alexander) (Entered: 03/30/2020)
2020-03-3025ORDER granting 24 LETTER MOTION for Extension of Time of summary judgment briefing schedule. The foregoing extension request is granted. DE #24 resolved. SO ORDERED. Cross Motions due by 6/8/2020. Motions due by 5/8/2020. (Signed by Judge Laura Taylor Swain on 3/30/2020) (jca) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines: Responses due by 6/29/2020, Replies due by 7/20/2020. (jca) (Entered: 03/30/2020)
2020-05-0826MOTION for Summary Judgment . Document filed by Department of Education..(Hogan, Alexander) (Entered: 05/08/2020)
2020-05-0827MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by Department of Education..(Hogan, Alexander) (Entered: 05/08/2020)
2020-05-0828DECLARATION of Gregory Smith in Support re: 26 MOTION for Summary Judgment .. Document filed by Department of Education. (Attachments: # 1 Vaughn Index).(Hogan, Alexander) (Entered: 05/08/2020)
2020-06-0829CROSS MOTION for Summary Judgment . Document filed by Erica Green, The New York Times Company..(McCraw, David) (Entered: 06/08/2020)
2020-06-0830MEMORANDUM OF LAW in Support re: 29 CROSS MOTION for Summary Judgment . . Document filed by Erica Green, The New York Times Company..(McCraw, David) (Entered: 06/08/2020)
2020-06-0831DECLARATION of Alexandra Perloff-Giles in Support re: 29 CROSS MOTION for Summary Judgment .. Document filed by Erica Green, The New York Times Company..(McCraw, David) (Entered: 06/08/2020)
2020-06-2932RESPONSE in Opposition to Motion re: 29 CROSS MOTION for Summary Judgment . Defendant's opposition to Plaintiffs' motion for summary judgment and in further support of Defendant's motion for summary judgment . Document filed by Department of Education..(Hogan, Alexander) (Entered: 06/29/2020)
2020-07-2033REPLY MEMORANDUM OF LAW in Support re: 29 CROSS MOTION for Summary Judgment . . Document filed by Erica Green, The New York Times Company..(McCraw, David) (Entered: 07/20/2020)
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