| Date Filed | Doc # | Docket Text |
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| 2019-01-24 | 1 | COMPLAINT 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) |
| 2019-01-24 | 2 | CIVIL COVER SHEET filed. (McCraw, David) (Entered: 01/24/2019) |
| 2019-01-24 | 3 | RULE 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) |
| 2019-01-24 | 4 | REQUEST 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) |
| 2019-01-25 | | CASE 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) |
| 2019-01-25 | | Magistrate 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) |
| 2019-01-25 | | Case Designated ECF. (jgo) (Entered: 01/25/2019) |
| 2019-01-25 | 5 | ELECTRONIC SUMMONS ISSUED as to Department of Education. (jgo) (Entered: 01/25/2019) |
| 2019-02-14 | 6 | ORDER 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) |
| 2019-02-15 | 7 | LETTER 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) |
| 2019-02-19 | 8 | ORDER 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) |
| 2019-03-21 | 9 | ANSWER to 1 Complaint. Document filed by Department of Education.(Hogan, Alexander) (Entered: 03/21/2019) |
| 2019-03-25 | 10 | ORDER 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) |
| 2019-04-09 | 11 | JOINT 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) |
| 2019-04-10 | 12 | NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of Erica Green, The New York Times Company. (Sumar, Al-Amyn) (Entered: 04/10/2019) |
| 2019-04-15 | 13 | NOTICE OF APPEARANCE by Alexander James Hogan on behalf of Department of Education. (Hogan, Alexander) (Entered: 04/15/2019) |
| 2019-04-16 | | Minute 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) |
| 2019-04-24 | 14 | PROPOSED STIPULATION AND ORDER. Document filed by Erica Green, The New York Times Company. (McCraw, David) (Entered: 04/24/2019) |
| 2019-04-25 | 15 | STIPULATION 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) |
| 2019-06-06 | 16 | LETTER 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) |
| 2019-08-05 | 17 | LETTER 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) |
| 2019-10-07 | 18 | LETTER 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) |
| 2019-11-08 | 19 | NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Erica Green, The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 11/08/2019) |
| 2019-12-06 | 20 | LETTER 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) |
| 2020-02-05 | 21 | JOINT 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) |
| 2020-02-14 | 22 | JOINT 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) |
| 2020-03-12 | 23 | MEMO 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) |
| 2020-03-30 | 24 | LETTER 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) |
| 2020-03-30 | 25 | ORDER 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) |
| 2020-03-30 | | Set/Reset Deadlines: Responses due by 6/29/2020, Replies due by 7/20/2020. (jca) (Entered: 03/30/2020) |
| 2020-05-08 | 26 | MOTION for Summary Judgment . Document filed by Department of Education..(Hogan, Alexander) (Entered: 05/08/2020) |
| 2020-05-08 | 27 | MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by Department of Education..(Hogan, Alexander) (Entered: 05/08/2020) |
| 2020-05-08 | 28 | DECLARATION 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) |
| 2020-06-08 | 29 | CROSS MOTION for Summary Judgment . Document filed by Erica Green, The New York Times Company..(McCraw, David) (Entered: 06/08/2020) |
| 2020-06-08 | 30 | 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: 06/08/2020) |
| 2020-06-08 | 31 | DECLARATION 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) |
| 2020-06-29 | 32 | RESPONSE 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) |
| 2020-07-20 | 33 | REPLY 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) |
| 2021-11-30 | 34 | LETTER addressed to Judge Laura Taylor Swain from Alexander J. Hogan dated November 30, 2021 re: recently issued decision from the Second Circuit Court of Appeals. Document filed by Department of Education. (Attachments: # 1 NRDC v. EPA).(Hogan, Alexander) (Entered: 11/30/2021) |
| 2021-12-08 | 35 | LETTER addressed to Judge Laura Taylor Swain from David McCraw dated December 8, 2021 re: Response to DOE's 11/30 Letter. Document filed by Erica Green, The New York Times Company..(McCraw, David) (Entered: 12/08/2021) |
| 2022-05-25 | 36 | PROPOSED ORDER FOR SUBSTITUTION OF ATTORNEY. Document filed by Department of Education..(Teleanu, Natasha) (Entered: 05/25/2022) |
| 2022-05-25 | 37 | CONSENT ORDER GRANTING SUBSTITUTION OF ATTORNEY: Notice is hereby given that, subject to approval by the court, defendant Department of Education substitutes Natasha W. Teleanu, State Bar No. 4800538 as counsel of record in place of Alexander J. Hogan. The substitution of attorney is hereby approved and so ORDERED. Attorney Natasha Waglow Teleanu for Department of Education added. Attorney Alexander James Hogan terminated. (Signed by Magistrate Judge James L. Cott on 5/25/2022) (jca) (Entered: 05/25/2022) |
| 2023-02-28 | 38 | MEMORANDUM OPINION AND ORDER re: 26 MOTION for Summary Judgment . filed by Department of Education, 29 CROSS MOTION for Summary Judgment filed by The New York Times Company, Erica Green. For the foregoing reasons, Defendant's motion for summary judgment is granted, in part, and denied, in part. The Court finds that the Defendant has proffered sufficient evidence for the Court to find that the records withheld under Exemption 7 were properly withheld in their entirety. With regard to the documents withheld by the DOE pursuant to Exemption 5, the Court grants Defendant's motion for summary judgment as to all of the documents listed in Plaintiffs' Appendix A (see docket entry no. 30) with the exception of those with the Bates numbers 002876-002881, 002981, and 003232-003233. The motion is denied without prejudice as to those documents, which the DOE is directed to re-review in a manner consistent with this Memorandum Opinion and Order. The DOE must make additional productions as appropriate, and update its Vaughn index accordingly, within 30 days from the date hereof. With regard to the two documents the parties contest that are not included in Plaintiffs' Appendix A, at Bates numbers 003498-003500 and 003501-003503, Plaintiffs' motion for summary judgment is granted only as to the redactions referring to the locations of the Commission's meetings contained within those documents, which the DOE must produce within 30 days. Plaintiffs' motion for summary judgment is otherwise denied. The parties are directed to confer, and no later than June 30, 2023, file a joint letter identifying any areas of remaining disagreement and stating their positions as to the status of the case, including whether judgment should be entered and this case closed. This Memorandum Opinion and Order resolves docket entry numbers 26 and 29. This case remains referred to Magistrate Judge Cott for general pretrial management. SO ORDERED. (Signed by Judge Laura Taylor Swain on 2/28/2023) (vfr) (Entered: 02/28/2023) |
| 2023-03-01 | 39 | NOTICE OF APPEARANCE by Monica Pilar Folch on behalf of Department of Education..(Folch, Monica) (Entered: 03/01/2023) |
| 2023-04-27 | 40 | STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Department of Education and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Erica Green. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McCraw, David) (Entered: 04/27/2023) |
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