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Case TitleThe New York Times Company et al v. Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv05779
Date Filed2019-06-20
Date ClosedOpen
JudgeJudge George B. Daniels
PlaintiffThe New York Times Company
PlaintiffCarol Rosenberg
Case DescriptionNew York Times reporter Carol Rosenberg submitted a FOIA request to the Department of Defense for records concerning the command investigation report on Rear Admiral John Ring, who had been fired as commander of the prison at Guantanamo Bay. Rosenberg also requested expedited processing. The agency acknowledged receipt of the request and denied Rosenberg's request for expedited processing. After hearing nothing further from the agency, the New York Times and Rosenberg filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantDepartment of Defense
Documents
Docket
Complaint
Opinion/Order [49]
Opinion/Order [56]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-06-201COMPLAINT against Department of Defense. (Filing Fee $ 400.00, Receipt Number ANYSDC-17116450)Document filed by The New York Times Company, Carol Rosenberg.(McCraw, David) (Entered: 06/20/2019)
2019-06-202CIVIL COVER SHEET filed. (McCraw, David) (Entered: 06/20/2019)
2019-06-203RULE 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: 06/20/2019)
2019-06-204REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by Carol Rosenberg, The New York Times Company. (McCraw, David) (Entered: 06/20/2019)
2019-06-205NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Carol Rosenberg, The New York Times Company. (Green, Dana) (Entered: 06/20/2019)
2019-06-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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: 06/21/2019)
2019-06-21Magistrate 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 . (pc) (Entered: 06/21/2019)
2019-06-21Case Designated ECF. (pc) (Entered: 06/21/2019)
2019-06-216ELECTRONIC SUMMONS ISSUED as to Department of Defense. (pc) (Entered: 06/21/2019)
2019-06-247INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/7/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 6/21/2019) (jwh) (Entered: 06/24/2019)
2019-07-188NOTICE OF APPEARANCE by Talia Kraemer on behalf of Department of Defense. (Kraemer, Talia) (Entered: 07/18/2019)
2019-07-189LETTER addressed to Judge George B. Daniels from Talia Kraemer dated 7/18/2019 re: Request for extension of time to respond to complaint. Document filed by Department of Defense.(Kraemer, Talia) (Entered: 07/18/2019)
2019-07-2210MEMO ENDORSEMENT on re: 9 Letter filed by Department of Defense. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/22/2019) Department of Defense answer due 8/2/2019. (ks) (Entered: 07/22/2019)
2019-08-0211ANSWER to 1 Complaint. Document filed by Department of Defense.(Kraemer, Talia) (Entered: 08/02/2019)
2019-10-2312NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Carol Rosenberg, The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 10/23/2019)
2019-10-3113JOINT LETTER addressed to Judge George B. Daniels from Talia Kraemer dated Oct. 31, 2019 re: Initial Pretrial Conference. Document filed by Department of Defense.(Kraemer, Talia) (Entered: 10/31/2019)
2019-11-0114MEMO ENDORSEMENT on re: 13 Letter filed by Department of Defense. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 11/1/2019) (jwh) (Entered: 11/01/2019)
2019-12-0515JOINT LETTER addressed to Judge George B. Daniels from Alexandra Perloff-Giles dated 12/5/2019 re: Initial Pretrial Conference. Document filed by Carol Rosenberg, The New York Times Company.(Perloff-Giles, Alexandra) (Entered: 12/05/2019)
2019-12-0616MEMO ENDORSEMENT on re: 15 Letter filed by The New York Times Company, Carol Rosenberg. ENDORSEMENT: The initial pretrial conference is scheduled for February 20, 2020 at 9:30 a.m. (Initial Conference set for 2/20/2020 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/6/2019) (jwh) (Entered: 12/06/2019)
2020-01-2817JOINT LETTER addressed to Judge George B. Daniels from Alexandra Perloff-Giles dated January 28, 2020 re: The New York Times Co. et al. v. Dept of Defense, No. 19-cv- 05779 (GBD). Document filed by Carol Rosenberg, The New York Times Company.(Perloff-Giles, Alexandra) (Entered: 01/28/2020)
2020-01-3018MEMO ENDORSEMENT on re: 17 Letter, filed by The New York Times Company, Carol Rosenberg. ENDORSEMENT: The February 20, 2020 conference is adjourned to June 4, 2020 at 9:30 a.m. (Motions due by 3/18/2020. Cross Motions due by 4/17/2020. Responses due by 5/18/2020. Replies due by 6/1/2020. Initial Conference set for 6/4/2020 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/30/2020) (jwh) (Entered: 01/31/2020)
2020-03-1219NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Department of Defense..(Sun, Anthony) (Entered: 03/12/2020)
2020-03-1620CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated March 16, 2020. Document filed by Department of Defense. (Attachments: # 1 Text of Proposed Order).(Kraemer, Talia) (Entered: 03/16/2020)
2020-03-1721REVISED SCHEDULING ORDER granting 20 Letter Motion for Extension of Time. 1. Defendant's motion for summary judgment shall be due by April 1, 2020. 2. Plaintiffs' response and cross-motion for summary judgment shall be due byMay 1, 2020. 3. Defendant's response to Plaintiffs' cross-motion and reply in support of Defendant's motion shall be due by May 22, 2020. 4. Plaintiffs' reply shall be due by June 5, 2020. SO ORDERED. (Signed by Judge George B. Daniels on 3/17/2020) (kv) (Entered: 03/17/2020)
2020-03-17Set/Reset Deadlines: Cross Motions due by 5/1/2020. Motions due by 4/1/2020. Responses due by 5/22/2020 Replies due by 6/5/2020. (kv) (Entered: 03/17/2020)
2020-03-2622CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated March 26, 2020. Document filed by Department of Defense..(Kraemer, Talia) (Entered: 03/26/2020)
2020-03-3023ORDER granting 22 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 3/30/2020) (jwh) (Entered: 03/30/2020)
2020-03-30Set/Reset Deadlines: Motions due by 5/1/2020. (jwh) (Entered: 03/30/2020)
2020-04-1724CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated 4/17/2020. Document filed by Department of Defense..(Kraemer, Talia) (Entered: 04/17/2020)
2020-04-2025ORDER granting 24 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge George B. Daniels on 4/20/2020) (ks) (Entered: 04/20/2020)
2020-05-1426LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated May 14, 2020. Document filed by Department of Defense..(Kraemer, Talia) (Entered: 05/14/2020)
2020-05-1827ORDER granting 26 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 5/18/2020) (jwh) (Entered: 05/18/2020)
2020-06-0128ORDER: The June 4, 2020 pretrial conference is adjourned to July 23, 2020 at 9:30 a.m. Initial Conference set for 7/23/2020 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/1/2020) (mro) (Entered: 06/01/2020)
2020-06-1229LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 6/12/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 06/12/2020)
2020-06-1530ORDER granting 29 Letter Motion for Extension of Time: SO ORDERED. (Brief due by 8/1/2020.) (Signed by Judge George B. Daniels on 6/15/2020) (jwh) (Entered: 06/16/2020)
2020-07-1331LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 7/13/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 07/13/2020)
2020-07-1432ORDER granting 31 LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 7/13/2020. Document filed by Department of Defense. So ordered. (Motions due by 9/1/2020). The following deadline(s) was terminated: Brief Deadline. (Signed by Judge George B. Daniels on 7/14/2020) (rjm) (Entered: 07/14/2020)
2020-07-1433ORDER :The July 23, 2020 initial conference is adjourned to November 19, 2020 at 9:30 a.m. Initial Conference set for 11/19/2020 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/14/2020) (rj) (Entered: 07/14/2020)
2020-08-1134LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 8/11/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 08/11/2020)
2020-08-1235ORDER granting 34 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 8/12/2020) (jwh) (Entered: 08/12/2020)
2020-08-12Set/Reset Deadlines: Motions due by 11/6/2020. Responses due by 11/16/2020. Replies due by 11/30/2020. (jwh) (Entered: 08/12/2020)
2020-10-0736CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 10/7/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/07/2020)
2020-10-0837ORDER granting 36 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 10/8/2020) (jwh) (Entered: 10/08/2020)
2020-10-08Set/Reset Deadlines: Motions due by 10/20/2020. Cross Motions due by 11/17/2020. Responses due by 11/30/2020. Replies due by 12/14/2020. (jwh) (Entered: 10/08/2020)
2020-10-2038CONSENT LETTER MOTION for Extension of Time to File signed declarations addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 10/20/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/20/2020)
2020-10-2039MOTION for Summary Judgment . Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/20/2020)
2020-10-2040DECLARATION of Anthony J. Sun in Support re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit A - Redacted Ring Report part 1, # 2 Exhibit A - A - Redacted Ring Report part 2).(Sun, Anthony) (Entered: 10/20/2020)
2020-10-2041MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment . . Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/20/2020)
2020-10-2142DECLARATION of Michael Droz in Support re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/21/2020)
2020-10-2143NOTICE of Classified Lodging re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/21/2020)
2020-11-1244LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 11/12/2020 re: conf. scheduled for 11/19/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 11/12/2020)
2020-11-1645NOTICE OF APPEARANCE by David A. Schulz on behalf of Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 11/16/2020)
2020-11-1746CROSS MOTION for Summary Judgment . Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 11/17/2020)
2020-11-1747MEMORANDUM OF LAW in Support re: 46 CROSS MOTION for Summary Judgment . . Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 11/17/2020)
2020-11-1748PROPOSED ORDER. Document filed by Carol Rosenberg, The New York Times Company. Related Document Number: 46 ..(Schulz, David) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 11/17/2020)
2020-11-18***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 48 Proposed Order was reviewed and approved as to form. (km) (Entered: 11/18/2020)
2020-11-18***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 48 Proposed Order was reviewed and approved as to form. (dt) (Entered: 11/18/2020)
2020-11-1849ORDER: The November 19, 2020 initial conference is cancelled. (Signed by Judge George B. Daniels on 11/17/2020) (cf) (Entered: 11/18/2020)
2020-11-2350NOTICE of Substitution of Attorney. Old Attorney: Alexandra Perloff-Giles, New Attorney: David Edward McCraw, Address: The New York Times Company, 620 Eighth Avenue, New York, NY, 10018, 212-556-4031. Document filed by Carol Rosenberg, The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 11/23/2020)
2020-11-3051DECLARATION of Michael Droz in Support re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit A - reprocessed SC 110).(Sun, Anthony) (Entered: 11/30/2020)
2020-11-3052REPLY MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment . and in opposition to Plaintiffs' cross-motion . Document filed by Department of Defense..(Sun, Anthony) (Entered: 11/30/2020)
2020-12-0953CONSENT LETTER addressed to Judge George B. Daniels from David Schulz dated 12/9/2020 re: Plaintiffs Request for Additional Pages for Reply Memorandum. Document filed by Carol Rosenberg, The New York Times Company..(Crain, Charles) (Entered: 12/09/2020)
2020-12-1054MEMO ENDORSEMENT on re: 53 Letter. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/10/2020) (jwh) (Entered: 12/10/2020)
2020-12-1455REPLY MEMORANDUM OF LAW in Support re: 46 CROSS MOTION for Summary Judgment . . Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 12/14/2020)
2021-01-0556ORDER: This Court will hear oral argument on Defendant's Motion for Summary Judgment, (ECF No. 39), and Plaintiffs' Cross Motion for Summary Judgment, (ECF No. 46), on April 8, 2021, at 10:30 a.m. (Oral Argument set for 4/8/2021 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/5/2021) (jwh) (Entered: 01/05/2021)
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