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Case TitleThe New York Times Company v. U.S. Department of State et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv09420
Date Filed2019-10-11
Date ClosedOpen
JudgeMagistrate Judge Robert W. Lehrburger
PlaintiffThe New York Times Company
Case DescriptionNew York Times reporter Mark Walker submitted FOIA requests to the Department of State for records concerning communications between a list of agency employees with a list of non-government individuals. Walker also asked for a fee waiver and expedited processing. The agency acknowledged receipt of the requests, granted Walker's request for fee waivers, but denied his request for expedited processing. Walker submitted three FOIA requests to the Department of Justice for communications between the agency IG pertaining to a list of keywords. Walker also requested a fee waiver and expedited processing. DOJ acknowledged receipt of the requests, granted Walker's requests for a fee waiver, but denied his requests for expedited processing. Walker submitted a FOIA request to the FBI for records concerning communications between two named agency officials and a list of non-government individuals. The agency acknowledged receipt of the request. After hearing nothing further from any of the agencies pertaining to any of its requests, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantU.S. Department of State
DefendantU.S. Department Of Justice
DefendantFederal Bureau Of Investigation
DefendantFederal Bureau Of Investigation
TERMINATED: 01/14/2020
Documents
Docket
Complaint
Opinion/Order [22]
Opinion/Order [30]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-111COMPLAINT against Federal Bureau Of Investigation, U.S. Department Of Justice, U.S. Department of State. (Filing Fee $ 400.00, Receipt Number ANYSDC-17755848)Document filed by The New York Times Company.(McCraw, David) (Entered: 10/11/2019)
2019-10-112CIVIL COVER SHEET filed. (McCraw, David) (Entered: 10/11/2019)
2019-10-113RULE 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: 10/11/2019)
2019-10-114REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of State, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 10/11/2019)
2019-10-115REQUEST FOR ISSUANCE OF SUMMONS as to U.S. Department of Justice, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 10/11/2019)
2019-10-116REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 10/11/2019)
2019-10-117NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 10/11/2019)
2019-10-118NOTICE OF APPEARANCE by Dana Robinson Green on behalf of The New York Times Company. (Green, Dana) (Entered: 10/11/2019)
2019-10-15CASE 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 . (pc) (Entered: 10/15/2019)
2019-10-15Magistrate 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 . (pc) (Entered: 10/15/2019)
2019-10-15Case Designated ECF. (pc) (Entered: 10/15/2019)
2019-10-16NOTICE OF CASE REASSIGNMENT to Judge Paul A. Engelmayer. Judge John G. Koeltl is no longer assigned to the case. (wb) (Entered: 10/16/2019)
2019-10-169ELECTRONIC SUMMONS ISSUED as to U.S. Department Of Justice. (pc) (Entered: 10/16/2019)
2019-10-1610ELECTRONIC SUMMONS ISSUED as to U.S. Department of State. (pc) (Entered: 10/16/2019)
2019-10-1611ELECTRONIC SUMMONS ISSUED as to Federal Bureau Of Investigation. (pc) (Entered: 10/16/2019)
2019-12-0612NOTICE OF APPEARANCE by Andrew Edward Krause on behalf of Federal Bureau Of Investigation, U.S. Department Of Justice, U.S. Department of State. (Krause, Andrew) (Entered: 12/06/2019)
2019-12-0913NOTICE OF APPEARANCE by Lucas Estlund Issacharoff on behalf of Federal Bureau Of Investigation, U.S. Department Of Justice, U.S. Department of State. (Issacharoff, Lucas) (Entered: 12/09/2019)
2019-12-1014NOTICE OF VOLUNTARY DISMISSAL pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, the plaintiff(s) and or their counsel(s), hereby give notice that the above-captioned action is voluntarily dismissed, without prejudice and without costs against the defendant(s) Federal Bureau Of Investigation. Document filed by The New York Times Company. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). . (McCraw, David) (Entered: 12/10/2019)
2019-12-10***NOTICE TO COURT REGARDING NOTICE OF VOLUNTARY DISMISSAL Document No. 14 Notice of Voluntary Dismissal, was reviewed and referred to Judge Paul A. Engelmayer for approval for the following reason(s): the plaintiff(s) filed their voluntary dismissal and it did not dismiss all of the parties or the action in its entirety. (dt) (Entered: 12/10/2019)
2019-12-1315LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge Paul A. Engelmayer from Andrew E. Krause / Lucas E. Issacharoff dated December 13, 2019. Document filed by U.S. Department Of Justice, U.S. Department of State.(Krause, Andrew) (Entered: 12/13/2019)
2019-12-1616ORDER granting 15 Letter Motion for Extension of Time to Answer: Granted. (Federal Bureau Of Investigation answer due 1/13/2020; U.S. Department Of Justice answer due 1/13/2020; U.S. Department of State answer due 1/13/2020.) (Signed by Judge Paul A. Engelmayer on 12/16/2019) (jwh) (Entered: 12/16/2019)
2020-01-1317ANSWER to 1 Complaint. Document filed by U.S. Department Of Justice, U.S. Department of State.(Krause, Andrew) (Entered: 01/13/2020)
2020-01-1418NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 2/12/2020 at 03:30 PM in Courtroom 1305, 40 Centre Street, New York, NY 10007 before Judge Paul A. Engelmayer, as further set forth in this order. (Signed by Judge Paul A. Engelmayer on 1/14/2020) (jwh) (Entered: 01/14/2020)
2020-01-1419NOTICE OF VOLUNTARY DISMISSAL PURSUANT TO FRCP 41(a)(1)(A)(i): Pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(i), Plaintiff The New York Times Company hereby gives notice that Defendant Federal Bureau of Investigation is voluntarily dismissed. Such dismissal shall be without prejudice. Defendant Federal Bureau of Investigation is dismissed, without prejudice. SO ORDERED., Federal Bureau Of Investigation terminated. (Signed by Judge Paul A. Engelmayer on 1/14/2020) (ama) (Entered: 01/14/2020)
2020-01-3020CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on U.S. Department of State, U.S. Department of Justice on January 30, 2020. Service was made by Email. Document filed by The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 01/30/2020)
2020-02-0621LETTER MOTION for Extension of Time to File joint pre-conference status letter addressed to Judge Paul A. Engelmayer from Andrew E. Krause / Lucas E. Issacharoff dated February 6, 2020. Document filed by U.S. Department Of Justice, U.S. Department of State..(Krause, Andrew) (Entered: 02/06/2020)
2020-02-0722ORDER granting 21 Letter Motion for Extension of Time to File: Granted. (Signed by Judge Paul A. Engelmayer on 2/7/2020) (jwh) (Entered: 02/07/2020)
2020-02-1023JOINT LETTER addressed to Judge Paul A. Engelmayer from Andrew E. Krause / Lucas E. Issacharoff dated February 10, 2020 re: pre-conference letter pursuant to Dkt. No. 18. Document filed by U.S. Department Of Justice, U.S. Department of State. (Attachments: # 1 Appendix A (agreed-upon scope and interpretation of remaining FOIA requests)).(Krause, Andrew) (Entered: 02/10/2020)
2020-02-1024MEMO ENDORSEMENT on re: 23 Letter, filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: Granted. The conference scheduled for February 12, 2020 is adjourned. The Court directs the parties to submit by February 14, 2020, their Notice, Consent and Reference of a Civil Action to a Magistrate Judge. SO ORDERED. ***Hearings Terminated*** The following hearing(s) was terminated: Initial Conference. (Signed by Judge Paul A. Engelmayer on 2/10/2020) (jca) (Entered: 02/10/2020)
2020-02-1225CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Robert W. Lehrburger. (Signed by Judge Paul A. Engelmayer on 2/12/2020).(mro) (Entered: 02/12/2020)
2020-02-1826SCHEDULING ORDER: Initial Pretrial Conference set for 3/11/2020 at 9:30 AM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Robert W. Lehrburger. Counsel shall jointly complete and file Judge Lehrburger's [Proposed] Civil Case Management Plan and Scheduling Order, which must be submitted in compliance with Judge Lehrburger's Individual Practices no later than one week before the initial case management conference. If suitable for the case, the parties are encouraged to use Judge Lehrburger's model Joint Electronic Discovery Submission and Proposed Order. These forms are available on the SDNY website at http://nysd.uscourts.gov/judge/Lehrburger. (HEREBY ORDERED by Magistrate Judge Robert W. Lehrburger) (Text Only Order) (rsh) (Entered: 02/18/2020)
2020-03-0427JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Andrew E. Krause / Lucas E. Issacharoff dated March 4, 2020 re: pre-conference letter pursuant to Dkt. No. 26. Document filed by U.S. Department Of Justice, U.S. Department of State. (Attachments: # 1 Appendix A (agreed-upon scope and interpretation of remaining FOIA requests)).(Krause, Andrew) (Entered: 03/04/2020)
2020-03-0428MEMO ENDORSEMENT on re: 27 Letter, filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: Parties' proposed schedule is adopted. March 11 conference is cancelled. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/4/2020) (mml) (Entered: 03/04/2020)
2020-03-1729LETTER MOTION for Extension of Time to File proposed schedule for the processing and production of the remaining potentially responsive records addressed to Magistrate Judge Robert W. Lehrburger from Andrew E. Krause / Lucas E. Issacharoff dated March 17, 2020. Document filed by U.S. Department Of Justice, U.S. Department of State..(Krause, Andrew) (Entered: 03/17/2020)
2020-03-1730ORDER granting 29 Letter Motion for Extension of Time to File. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/17/2020) (mml) (Entered: 03/17/2020)
2020-03-2531LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff & Andrew Krause dated 3/25/2020 re: Status. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 03/25/2020)
2020-03-2532MEMO ENDORSEMENT on re: 31 Letter filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 3/25/2020) (va) (Entered: 03/25/2020)
2020-04-2733STATUS REPORT. Document filed by U.S. Department Of Justice, U.S. Department of State..(Krause, Andrew) (Entered: 04/27/2020)
2020-04-2834MEMO ENDORSEMENT on re: 33 Status Report filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 4/28/2020) (mml) (Entered: 04/28/2020)
2020-05-2735STATUS REPORT. Document filed by U.S. Department Of Justice, U.S. Department of State..(Krause, Andrew) (Entered: 05/27/2020)
2020-05-2836MEMO ENDORSEMENT on re: 35 Status Report filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 5/28/2020) (mml) (Entered: 05/28/2020)
2020-06-1137LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Andrew E. Krause / Lucas E. Issacharoff dated June 11, 2020. Document filed by U.S. Department Of Justice, U.S. Department of State..(Krause, Andrew) (Entered: 06/11/2020)
2020-06-1138ORDER granting 37 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 6/11/2020) (mml) (Entered: 06/11/2020)
2020-07-1339LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff dated 7/13/2020. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 07/13/2020)
2020-07-1340ORDER granting 39 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/13/2020) (mml) (Entered: 07/13/2020)
2020-07-1741LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff dated 7/17/2020 re: Status. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 07/17/2020)
2020-07-1742MEMO ENDORSEMENT on re: 41 Letter filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 7/17/2020) (cf) (Entered: 07/17/2020)
2020-08-1343LETTER MOTION for Extension of Time addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff dated 8/13/2020. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 08/13/2020)
2020-08-1444ORDER granting 43 Letter Motion for Extension of Time. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 8/14/2020) (cf) (Entered: 08/17/2020)
2020-09-3045LETTER addressed to Magistrate Judge Robert W. Lehrburger from Andrew E. Krause dated September 30, 2020 re: request for termination of appearance. Document filed by U.S. Department Of Justice, U.S. Department of State..(Krause, Andrew) (Entered: 09/30/2020)
2020-09-3046MEMO ENDORSEMENT on re: 45 Letter filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: Mr. Krause's withdrawal is noted, and the Clerk is respectfully directed to terminate his appearance. SO ORDERED. Attorney Andrew Edward Krause terminated. (Signed by Magistrate Judge Robert W. Lehrburger on 9/30/2020) (mml) (Entered: 09/30/2020)
2020-10-2747JOINT LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff dated 10/27/2020 re: Status. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 10/27/2020)
2020-10-2848MEMO ENDORSEMENT re: 47 Letter filed by U.S. Department of State, U.S. Department Of Justice. SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 10/28/2020) (nb) (Entered: 10/28/2020)
2020-11-3049LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff dated 11/30/2020 re: Status. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 11/30/2020)
2020-12-0150MEMO ENDORSEMENT on re: 49 Letter filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 12/1/2020) (mml) (Entered: 12/01/2020)
2021-01-0451LETTER addressed to Magistrate Judge Robert W. Lehrburger from Lucas Issacharoff dated 1/4/2021 re: Status. Document filed by U.S. Department Of Justice, U.S. Department of State..(Issacharoff, Lucas) (Entered: 01/04/2021)
2021-01-0552MEMO ENDORSEMENT on re: 51 Letter filed by U.S. Department of State, U.S. Department Of Justice. ENDORSEMENT: SO ORDERED. (Signed by Magistrate Judge Robert W. Lehrburger on 1/5/2021) (mml) (Entered: 01/05/2021)
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