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Case TitleThe New York Times Company et al v. United States Department of Justice
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv01424
Date Filed2019-02-14
Date ClosedOpen
JudgeJudge Katherine Polk Failla
PlaintiffThe New York Times Company
PlaintiffJohn T. Ewing, Jr.
Case DescriptionNew York Times reporter John Ewing submitted a FOIA request to the Department of Justice's Environment and Natural Resources Division for records concerning provisions of the plea agreement with Volkswagen. Ewing also requested expedited processing and a fee waiver. The agency acknowledged receipt of the request. It granted Ewing's request for a fee waiver but denied his request for expedited processing. Ewing agreed to narrow the second part of his request. The agency told Ewing that it could not process his request further because of the government shutdown. After hearing nothing further from the agency since the government reopened, Ewing and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of Justice
DefendantVolkswagen AG
Documents
Docket
Complaint
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-02-141COMPLAINT against United States Department of Justice. (Filing Fee $ 400.00, Receipt Number ANYSDC-16351935)Document filed by The New York Times Company, John T. Ewing, Jr..(McCraw, David) (Entered: 02/14/2019)
2019-02-142CIVIL COVER SHEET filed. (McCraw, David) (Entered: 02/14/2019)
2019-02-143REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Justice, re: 1 Complaint. Document filed by John T. Ewing, Jr., The New York Times Company. (McCraw, David) (Entered: 02/14/2019)
2019-02-144RULE 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: 02/14/2019)
2019-02-15CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Katherine Polk Failla. 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 . (pc) (Entered: 02/15/2019)
2019-02-15Magistrate 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 . (pc) (Entered: 02/15/2019)
2019-02-15Case Designated ECF. (pc) (Entered: 02/15/2019)
2019-02-155ELECTRONIC SUMMONS ISSUED as to United States Department of Justice. (pc) (Entered: 02/15/2019)
2019-02-266NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 5/28/2019 at 03:00 PM in Courtroom 618, 40 Centre Street, New York, NY 10007 before Judge Katherine Polk Failla. (Signed by Judge Katherine Polk Failla on 2/26/2019) (rro) (Entered: 02/26/2019)
2019-03-257ANSWER to 1 Complaint. Document filed by United States Department of Justice.(Kochevar, Steven) (Entered: 03/25/2019)
2019-05-16NOTICE REGARDING INITIAL PRETRIAL CONFERENCE: An Initial Pretrial Conference is currently scheduled for May 28, 2019. Please note that since the conference was scheduled, the Court has changed its individual rules, and would like to bring the following paragraph to the parties' attention: The Court schedules initial pretrial conferences with the expectation that one or more of the parties would like an in-person opportunity to bring matters to the Court's attention, and it welcomes that opportunity. However, the Court recognizes that in certain circumstances as, for example, where the parties are in agreement about the proposed discovery schedule and have no issues to raise with the Court such conferences may represent less-efficient uses of the parties' time and resources. If the parties agree on a schedule that calls for the close of all discovery within six months, and have no other issues to raise with the Court, the parties can, if they wish, submit a Proposed Civil Case Management Plan and Scheduling Order and request in their joint letter that the initial pretrial conference be cancelled. The Court will ordinarily grant such requests. (tn) (Entered: 05/16/2019)
2019-05-228JOINT LETTER addressed to Judge Katherine Polk Failla from David E. McCraw dated 05/22/2019 re: Pre-Conference Letter. Document filed by John T. Ewing, Jr., The New York Times Company.(McCraw, David) (Entered: 05/22/2019)
2019-05-239MEMO ENDORSEMENT on re: 8 Letter filed by The New York Times Company, John T. Ewing, Jr. ENDORSEMENT: Application GRANTED. The parties are directed to file a status letter on or before August 9, 2019. The Initial Pretrial Conference is hereby ADJOURNED to Tuesday, August 13, 2019, at 4:30 p.m. SO ORDERED. (Initial Conference set for 8/13/2019 at 04:30 PM before Judge Katherine Polk Failla.) (Signed by Judge Katherine Polk Failla on 5/23/2019) (rro) (Entered: 05/23/2019)
2019-08-0910JOINT LETTER addressed to Judge Katherine Polk Failla from Steven J. Kochevar dated August 9, 2019 re: Status Letter. Document filed by United States Department of Justice.(Kochevar, Steven) (Entered: 08/09/2019)
2019-08-1211MEMO ENDORSEMENT on re: 10 Letter filed by United States Department of Justice, ENDORSEMENT: Application GRANTED. The Court adopts the parties' briefing schedule concerning the anticipated cross-motions for summary judgment. The initial pre-trial conference currently scheduled for August 13, 2019, is hereby ADJOURNED sine die. (Cross Motions due by 10/4/2019., Motions due by 9/6/2019., Responses due by 10/18/2019, Replies due by 11/1/2019.) (Signed by Judge Katherine Polk Failla on 8/9/2019) (rro) (Entered: 08/12/2019)
2019-08-3012LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Steven J. Kochevar dated August 30, 2019. Document filed by United States Department of Justice.(Kochevar, Steven) (Entered: 08/30/2019)
2019-09-0313ORDER granting 12 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/3/2019) (anc) (Entered: 09/03/2019)
2019-09-03Set/Reset Deadlines: Cross Motions due by 10/18/2019. Motions due by 9/20/2019. Responses due by 11/1/2019. Replies due by 11/15/2019. (anc) (Entered: 09/03/2019)
2019-09-1614SECOND LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Steven J. Kochevar dated September 16, 2019. Document filed by United States Department of Justice.(Kochevar, Steven) (Entered: 09/16/2019)
2019-09-1615ORDER granting 14 Letter Motion for Extension of Time. Application GRANTED. The Court adopts the proposed amended briefing schedule concerning the anticipated cross-motions for summary judgment. SO ORDERED. (Cross Motions due by 11/15/2019. Motions due by 10/18/2019.) (Signed by Judge Katherine Polk Failla on 9/16/19) (yv) (Entered: 09/17/2019)
2019-09-16Set/Reset Deadlines: Responses due by 11/29/2019. Replies due by 12/13/2019. (yv) (Entered: 09/17/2019)
2019-09-2416MOTION to Intervene Unopposed . Document filed by Volkswagen AG.(Giuffra, Robert) (Entered: 09/24/2019)
2019-09-2417MEMORANDUM OF LAW in Support re: 16 MOTION to Intervene Unopposed . . Document filed by Volkswagen AG. (Giuffra, Robert) (Entered: 09/24/2019)
2019-09-2418DECLARATION of Suhana S. Han in Support re: 16 MOTION to Intervene Unopposed .. Document filed by Volkswagen AG. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Han, Suhana) (Entered: 09/24/2019)
2019-09-2419PROPOSED ORDER. Document filed by Volkswagen AG. Related Document Number: 16 . (Giuffra, Robert) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 09/24/2019)
2019-09-2420RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Porsche Automobil Holding SE for Volkswagen AG. Document filed by Volkswagen AG.(Giuffra, Robert) (Entered: 09/24/2019)
2019-09-2421ANSWER to 1 Complaint. Document filed by Volkswagen AG.(Giuffra, Robert) (Entered: 09/24/2019)
2019-09-2422NOTICE OF APPEARANCE by Robert Joseph Giuffra, Jr on behalf of Volkswagen AG. (Giuffra, Robert) (Entered: 09/24/2019)
2019-09-2423NOTICE OF APPEARANCE by Suhana S. Han on behalf of Volkswagen AG. (Han, Suhana) (Entered: 09/24/2019)
2019-09-2424NOTICE OF APPEARANCE by Andrew John Finn on behalf of Volkswagen AG. (Finn, Andrew) (Entered: 09/24/2019)
2019-09-25***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 19 Proposed Order was reviewed and approved as to form. (km) (Entered: 09/25/2019)
2019-09-2525ORDER granting 16 Motion to Intervene. For these reasons, Volkswagen's unopposed motion to intervene is GRANTED. (Signed by Judge Katherine Polk Failla on 9/25/2019) (ne) (Entered: 09/25/2019)
2019-10-1826MOTION for Summary Judgment . Document filed by United States Department of Justice.(Kochevar, Steven) (Entered: 10/18/2019)
2019-10-1827MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . . Document filed by United States Department of Justice. (Kochevar, Steven) (Entered: 10/18/2019)
2019-10-1828DECLARATION of Jennifer L. Blackwell in Support re: 26 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Attachments: # 1 Exhibit 1 - Rule 11 Plea Agreement)(Kochevar, Steven) (Entered: 10/18/2019)
2019-10-1829DECLARATION of Michael A. Sullivan in Support re: 26 MOTION for Summary Judgment .. Document filed by United States Department of Justice. (Kochevar, Steven) (Entered: 10/18/2019)
2019-10-2130MOTION for Summary Judgment . Document filed by Volkswagen AG. (Attachments: # 1 Local Rule 56.1 Statement, # 2 ECF Rule 23.5 Statement, # 3 Exhibit 1 to ECF Rule 23.5 Statement)(Giuffra, Robert) (Entered: 10/21/2019)
2019-10-2131MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . . Document filed by Volkswagen AG. (Giuffra, Robert) (Entered: 10/21/2019)
2019-10-2132DECLARATION of Suhana S. Han in Support re: 30 MOTION for Summary Judgment .. Document filed by Volkswagen AG. (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, # 10 Exhibit J, # 11 Exhibit K)(Han, Suhana) (Entered: 10/21/2019)
2019-11-0633NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of John T. Ewing, Jr., The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 11/06/2019)
2019-11-1534CROSS MOTION for Summary Judgment . Document filed by John T. Ewing, Jr., The New York Times Company. Responses due by 11/29/2019(McCraw, David) (Entered: 11/15/2019)
2019-11-1535DECLARATION of David E. McCraw in Support re: 34 CROSS MOTION for Summary Judgment .. Document filed by John T. Ewing, Jr., The New York Times Company. (McCraw, David) (Entered: 11/15/2019)
2019-11-1536MEMORANDUM OF LAW in Support re: 34 CROSS MOTION for Summary Judgment . . Document filed by John T. Ewing, Jr., The New York Times Company. (McCraw, David) (Entered: 11/15/2019)
2019-11-2037THIRD LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from Steven J. Kochevar dated November 20, 2019. Document filed by United States Department of Justice.(Kochevar, Steven) (Entered: 11/20/2019)
2019-11-2038ORDER granting 37 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/20/2019) (kv) (Entered: 11/20/2019)
2019-11-20Set/Reset Deadlines: Responses due by 12/6/2019 Replies due by 12/20/2019. (kv) (Entered: 11/20/2019)
2019-11-2039FIRST LETTER MOTION for Extension of Time to File Response/Reply addressed to Judge Katherine Polk Failla from Suhana S. Han dated November 20, 2019. Document filed by Volkswagen AG.(Han, Suhana) (Entered: 11/20/2019)
2019-11-2140ORDER granting 39 Letter Motion for Extension of Time to File Response/Reply. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 11/20/2019) (rro) (Entered: 11/21/2019)
2019-11-21Set/Reset Deadlines: Responses due by 12/6/2019 Replies due by 12/20/2019. (rro) Modified on 11/21/2019 (rro). (Entered: 11/21/2019)
2019-12-0641REPLY MEMORANDUM OF LAW in Support re: 30 MOTION for Summary Judgment . And Opposition to Plaintiffs' CROSS MOTION for Summary Judgment . Document filed by Volkswagen AG. (Giuffra, Robert) (Entered: 12/06/2019)
2019-12-0642REPLY MEMORANDUM OF LAW in Support re: 26 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by United States Department of Justice. (Kochevar, Steven) (Entered: 12/06/2019)
2019-12-1943REPLY MEMORANDUM OF LAW in Support re: 34 CROSS MOTION for Summary Judgment . . Document filed by John T. Ewing, Jr., The New York Times Company. (McCraw, David) (Entered: 12/19/2019)
2020-01-0644LETTER addressed to Judge Katherine Polk Failla from David McCraw dated January 6, 2020 re: The New York Times Company et al. v. U.S. Department of Justice, No. 19-cv-01424 - Notice of Supplemental Authority. Document filed by John T. Ewing, Jr., The New York Times Company.(McCraw, David) (Entered: 01/06/2020)
2020-04-1345LETTER addressed to Judge Katherine Polk Failla from David McCraw dated April 13, 2020 re: The New York Times Company et al. v. U.S. Department of Justice, No. 19-cv-01424. Document filed by John T. Ewing, Jr., The New York Times Company..(McCraw, David) (Entered: 04/13/2020)
2020-09-2446ORDER: According to the Declaration of Jennifer L. Blackwell in Support of Defendant's Motion for Summary Judgment (Dkt. #28), the independent monitorship at issue in this litigation was scheduled to terminate on September 14, 2020. (Id. at Paragraph 31). The Court understands that the monitorship has in fact ended. The parties are hereby ORDERED to file letters on or by September 25, 2020, (i) confirming whether the monitorship has terminated, and, if so, (ii) stating whether and to what extent they believe the termination of the monitorship alters the viability of withholding the Report at issue in this litigation under 5 U.S.C. § 522(b)(7)(A). SO ORDERED. (Signed by Judge Katherine Polk Failla on 9/24/2020) (ama) (Entered: 09/24/2020)
2020-09-2447LETTER MOTION for Extension of Time addressed to Judge Katherine Polk Failla from AUSA Steven J. Kochevar dated September 24, 2020. Document filed by United States Department of Justice..(Kochevar, Steven) (Entered: 09/24/2020)
2020-09-2448ORDER granting 47 Letter Motion for Extension of Time. The Court is in receipt of Defendant's letter dated September 24, 2020 (Dkt. #47), requesting an extension of time for the parties to to submit supplemental letters addressing recent developments in the instant litigation. Defendant's request is GRANTED. The parties shall submit the letters requested by the Court at docket entry 46 on or by October 2, 2020. Because the Court anticipates that the parties' submissions may impact the parties' pending cross-motions for summary judgment or require additional supplemental briefing, this case is hereby STAYED until the Court resolves issues raised by recent developments in this case or upon further order of the Court. (Signed by Judge Katherine Polk Failla on 9/24/2020) (rro) (Entered: 09/24/2020)
2020-09-24Case Stayed (rro) (Entered: 09/24/2020)
2020-10-0249LETTER addressed to Judge Katherine Polk Failla from AUSA Steven J. Kochevar dated October 2, 2020 re: The Court's September 24, 2020 Order (ECF No. 46). Document filed by United States Department of Justice..(Kochevar, Steven) (Entered: 10/02/2020)
2020-10-0250LETTER addressed to Judge Katherine Polk Failla from Robert J. Giuffra, Jr. dated October 2, 2020 re: September 24, 2020 Order. Document filed by Volkswagen AG..(Finn, Andrew) (Entered: 10/02/2020)
2020-10-0251LETTER addressed to Judge Katherine Polk Failla from David McCraw dated October 2, 2020 re: September 24, 2020 Order. Document filed by John T. Ewing, Jr., The New York Times Company..(McCraw, David) (Entered: 10/02/2020)
2020-10-0252MEMO ENDORSEMENT on re: 51 Letter. ENDORSEMENT: The Court is in receipt of the parties' submissions regarding the continued applicability of FOIA Exemption 7(A) to portions of the Monitor's Report withheld by Defendant. (Dkt. #49-51). The Court takes note that Defendant no longer asserts withholding pursuant to Exemption 7(A) due to the termination of the monitorship, but asserts that the entirety of the withheld portions of the Report may still be properly withheld pursuant to FOIA Exemptions 4, 5, 6, and 7(C). (Dkt. #49). The Court is under the impression that there is no dispute over Defendant's assertion of Exemptions 6 and 7(C). (See Dkt. 36 at 8 n.3). Defendant's request to provide supplemental submissions on the applicability of Exemptions 4 and 5 is GRANTED. Defendant shall file supplemental papers on or by October 16, 2020 and Plaintiff shall file a response on or by October 30, 2020. Because Intervenor did not address Exemption 7(A) in any depth in its briefing on the parties' cross-motions for summary judgment (see Dkt. #30-32, 41), Intervenor shall not file any supplemental papers at this time. (Signed by Judge Katherine Polk Failla on 10/2/2020) (jwh) (Entered: 10/02/2020)
2020-10-1453LETTER MOTION for Extension of Time to Submit Supplemental Summary Judgment Papers addressed to Judge Katherine Polk Failla from AUSA Steven J. Kochevar dated October 14, 2020. Document filed by United States Department of Justice..(Kochevar, Steven) (Entered: 10/14/2020)
2020-10-1454ORDER granting 53 Letter Motion for Extension of Time. Application GRANTED. SO ORDERED. (Signed by Judge Katherine Polk Failla on 10/14/2020) (rro) (Entered: 10/14/2020)
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