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Case TitleNEW YORK TIMES COMPANY et al v. OFFICE OF MANAGEMENT AND BUDGET
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2019cv03562
Date Filed2019-11-26
Date ClosedOpen
JudgeJudge Amy Berman Jackson
PlaintiffNEW YORK TIMES COMPANY
PlaintiffCHARLIE SAVAGE
Case DescriptionThe New York Times submitted a FOIA request to OMB for records concerning email correspondence between Michael Duffey and Robert Blair from May 2019 to the present. The agency acknowledged receipt of the request but after the New York Times heard nothing further, it filed an administrative appeal of the delay in responding. After hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantOFFICE OF MANAGEMENT AND BUDGET
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-11-261COMPLAINT against OFFICE OF MANAGEMENT AND BUDGET ( Filing fee $ 400 receipt number ADCDC-6596195) filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(Green, Dana) (Entered: 11/26/2019)
2019-11-262LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by NEW YORK TIMES COMPANY, CHARLIE SAVAGE (Green, Dana) (Entered: 11/26/2019)
2019-11-263NOTICE OF RELATED CASE by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. Case related to Case No. 19-3265. (Green, Dana) (Entered: 11/26/2019)
2019-11-264NOTICE of Appearance by David E. McCraw on behalf of NEW YORK TIMES COMPANY, CHARLIE SAVAGE (McCraw, David) (Entered: 11/26/2019)
2019-11-275ERRATA by NEW YORK TIMES COMPANY, CHARLIE SAVAGE 1 Complaint filed by CHARLIE SAVAGE, NEW YORK TIMES COMPANY. (McCraw, David) (Entered: 11/27/2019)
2019-12-03Case assigned to Judge Colleen Kollar-Kotelly. (zmc) (Entered: 12/03/2019)
2019-12-036REQUEST FOR SUMMONS TO ISSUE re 1 Complaint filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. Related document: 1 Complaint filed by CHARLIE SAVAGE, NEW YORK TIMES COMPANY.(McCraw, David) (Entered: 12/03/2019)
2019-12-047SUMMONS (1) Issued Electronically as to OFFICE OF MANAGEMENT AND BUDGET. (ztd) (Entered: 12/04/2019)
2019-12-048Case randomly reassigned to Judge Amy Berman Jackson. Judge Colleen Kollar-Kotelly is no longer assigned to the case as deemed not related. (ztnr) Modified on 12/4/2019 to add reason for reassignment.(ztnr) (Entered: 12/04/2019)
2019-12-059MOTION for Preliminary Injunction by NEW YORK TIMES COMPANY, CHARLIE SAVAGE (Attachments: # 1 Memorandum in Support, # 2 Text of Proposed Order) (McCraw, David) (Entered: 12/05/2019)
2019-12-0510AFFIDAVIT re 9 MOTION for Preliminary Injunction DECLARATION OF DAVID E. McCRAW by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit)(McCraw, David) (Entered: 12/05/2019)
2019-12-0611ENTERED IN ERROR.....CERTIFICATE OF SERVICE by NEW YORK TIMES COMPANY, CHARLIE SAVAGE for Summons and Complaint . (McCraw, David) Modified on 12/9/2019 (jf). (Entered: 12/06/2019)
2019-12-0612CERTIFICATE OF SERVICE by NEW YORK TIMES COMPANY, CHARLIE SAVAGE for Plaintiffs' Motion for a Preliminary Injunction and accompanying papers . (McCraw, David) (Entered: 12/06/2019)
2019-12-0613NOTICE of Appearance by Elizabeth J. Shapiro on behalf of All Defendants (Shapiro, Elizabeth) (Entered: 12/06/2019)
2019-12-06MINUTE ORDER. A Telephone Scheduling Conference call re: Plaintiffs' 9 Motion for Preliminary Injunction is set for 12/9/2019 at 3:00 PM in Courtroom 3 before Judge Amy Berman Jackson. Counsel for the parties will be notified by the Court's Deputy Clerk, in a separate email, of the dial in telephone number and pass code to access the call. SO ORDERED. By Judge Amy Berman Jackson on 12/6/2019. (jth) (Entered: 12/06/2019)
2019-12-0614NOTICE of Appearance by Rebecca Marie Cutri-Kohart on behalf of All Defendants (Cutri-Kohart, Rebecca) (Entered: 12/06/2019)
2019-12-09NOTICE OF CORRECTED DOCKET ENTRY: Document No. re 11 Certificate of Service was entered in error and counsel was instructed to refile said pleading using the Service of Process event. (jf) (Entered: 12/09/2019)
2019-12-0915RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 12/5/2019. ( Answer due for ALL FEDERAL DEFENDANTS by 1/4/2020.), RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General 12/5/2019. (McCraw, David) . (Entered: 12/09/2019)
2019-12-09Minute Entry for proceedings held before Judge Amy Berman Jackson: Scheduling teleconference held. In accordance with the scheduling teleconference held in this case on December 9, 2019, defendant must determine the number of documents responsive to plaintiffs FOIA request and provide plaintiffs with that information by 3:00 pm on December 12, 2019. The parties must then confer and submit a joint status report to the Court with a proposed schedule for further proceedings by December 13, 2019. (Court Reporter: Janice Dickman) (jth) (Entered: 12/09/2019)
2019-12-1016RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. OFFICE OF MANAGEMENT AND BUDGET served on 12/10/2019 (McCraw, David) (Entered: 12/10/2019)
2019-12-1217TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on December 9, 2019; Page Numbers: 1-14. Date of Issuance:December 12, 2019. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter reference d above. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 1/2/2020. Redacted Transcript Deadline set for 1/12/2020. Release of Transcript Restriction set for 3/11/2020.(Dickman, Janice) (Entered: 12/12/2019)
2019-12-1318Joint STATUS REPORT by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (McCraw, David) (Entered: 12/13/2019)
2019-12-16MINUTE ORDER: Pursuant to Fed. R. Civ. P. 65(a)(2), consideration of plaintiffs' 9 motion for a preliminary injunction will be consolidated with the Court's review of the merits of the case. In accordance with the parties' 18 joint status report, the defendant must produce responsive documents related to the Ukraine matter by January 3, 2020, and the parties must submit another status report on January 10, 2020. SO ORDERED. Signed by Judge Amy Berman Jackson on 12/16/2019. (lcabj3) Modified on 12/16/2019 to reflect that the correct production date is January "3" not January "4" 2020 (jth). (Entered: 12/16/2019)
2020-01-0619ANSWER to Complaint by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Cutri-Kohart, Rebecca) (Entered: 01/06/2020)
2020-01-1020Joint STATUS REPORT by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Exhibit A)(Cutri-Kohart, Rebecca) (Entered: 01/10/2020)
2020-01-13MINUTE ORDER. In light of the parties' 20 joint status report, plaintiffs must file their stipulation of dismissal and motion for summary judgment on the documents in issue by January 22, 2020. Defendant's cross-motion for summary judgment, which must be supported by a single memorandum of points & authorities, will be due on February 10, 2020. Plaintiffs' reply / cross-opposition, also supported by a single memorandum, will be due February 21, 2020. And the defendant's cross-reply must be filed by February 28, 2020. The parties may dispense with the requirement of a statement of material facts not in dispute, and are advised that the replies need not, and should not, repeat arguments already set forth in the initial briefs. SO ORDERED. Signed by Judge Amy Berman Jackson on 1/13/2020. (lcabj3) (Entered: 01/13/2020)
2020-01-14Set/Reset Deadlines: Plaintiffs must file their Stipulation of Dismissal and Motion for Summary Judgment on the documents in issue by 1/22/2020. Defendant's Opposition and Cross-Motion for Summary Judgment, which must be supported by a single memorandum of points & authorities, is due by 2/10/2020. Plaintiffs' Reply / Cross-Opposition, also supported by a single memorandum, is due by 2/21/2020. Defendant's Cross-Reply is due by 2/28/2020. (jth) (Entered: 01/14/2020)
2020-01-2221STIPULATION of Dismissal Joint Stipulation of Partial Dismissal by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (McCraw, David) (Entered: 01/22/2020)
2020-01-2222MOTION for Summary Judgment by NEW YORK TIMES COMPANY, CHARLIE SAVAGE (Attachments: # 1 Declaration Declaration of David E. McCraw, # 2 Text of Proposed Order)(McCraw, David) (Entered: 01/22/2020)
2020-02-1023Memorandum in opposition to re 22 MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration of Heather V. Walsh, # 2 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 02/10/2020)
2020-02-1024Cross MOTION for Summary Judgment by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Declaration of Heather V. Walsh, # 2 Text of Proposed Order)(Shapiro, Elizabeth) (Entered: 02/10/2020)
2020-02-2125REPLY to opposition to motion re 22 MOTION for Summary Judgment filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Text of Proposed Order)(McCraw, David) (Entered: 02/21/2020)
2020-02-24NOTICE OF ERROR re 25 Reply to opposition to Motion; emailed to mccraw@nytimes.com, cc'd 6 associated attorneys -- The PDF file you docketed contained errors: 1. Please refile document, 2. SAME DOCUMENT using the OPPOSITION event (zjf, ) (Entered: 02/24/2020)
2020-02-2826REPLY to opposition to motion re 24 Cross MOTION for Summary Judgment filed by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Declaration Supplemental Declaration of Heather V. Walsh)(Cutri-Kohart, Rebecca) (Entered: 02/28/2020)
2020-05-13MINUTE ORDER. It is ORDERED that in order to assist the Court in making responsible de novo determinations in this case, including any determination for purposes of the presidential communications privilege, concerning the nature and extent of the relationship between any particular communication and presidential decisionmaking, and, for purposes of the deliberative process privilege, whether a particular communication is both predecisional and deliberative, defendant is directed to deliver copies of the documents that have been withheld pursuant to Exemption 5 to chambers for in camera inspection on or before May 20, 2020. See Ray v. Turner, 587 F.2d 1187, 1195 (D.C. Cir. 1978). Defendant may comply with this order in accordance with social distancing protocols by docketing the materials as a sealed, ex parte submission instead of by hand-delivering paper copies; in either event, defendant must file a notice on the public record confirming its compliance with this order. SO ORDERED. Signed by Judge Amy Berman Jackson on 5/13/2020. (lcabj3) (Entered: 05/13/2020)
2020-05-2027NOTICE of Delivery of Documents for In Camera, Ex Parte Inspection by OFFICE OF MANAGEMENT AND BUDGET (Cutri-Kohart, Rebecca) (Entered: 05/20/2020)
2020-08-06MINUTE ORDER. A Telephone Conference call in this case is set for Monday, August 10, 2020, at 2:00 PM before Judge Amy Berman Jackson. In a separate email the Court's Deputy Clerk will provide to Counsel the dial up information to give them access to the call. SO ORDERED. By Judge Amy Berman Jackson on 8/6/2020. (jth) (Entered: 08/06/2020)
2020-08-10Minute Entry for Proceedings held before Judge Amy Berman Jackson: Telephone Status Conference call held on 8/10/2020. For the reasons stated on the record during the call, Defendant's 24 Motion for Summary Judgment is DENIED WITHOUT PREJUDICE. Defendant shall file a Notice with the Court by 8/13/2020 as to when they will either produce the documents or supplement the declaration. Plaintiffs may respond to defendant's notice by 8/14/2020. If defendant elects to supplement the declaration, plaintiffs' may have fourteen (14) days thereafter to respond. Plaintiffs' 22 Motion for Summary Judgment is HELD IN ABEYANCE at this time pending further order of the Court. (Court Reporter: Janice Dickman). (jth) (Entered: 08/10/2020)
2020-08-1228TRANSCRIPT OF PROCEEDINGS before Judge Amy Berman Jackson held on August 10, 2020; Page Numbers: 1-25. Date of Issuance:August 12, 2020. Court Reporter: Janice Dickman, Telephone number: 202-354-3267, Transcripts may be ordered by submitting the Transcript Order Form For the first 90 days after this filing date, the transcript may be viewed at the courthouse at a public terminal or purchased from the court reporter referenced a bove. After 90 days, the transcript may be accessed via PACER. Other transcript formats, (multi-page, condensed, CD or ASCII) may be purchased from the court reporter. NOTICE RE REDACTION OF TRANSCRIPTS: The parties have twenty-one days to file with the court and the court reporter any request to redact personal identifiers from this transcript. If no such requests are filed, the transcript will be made available to the public via PACER without redaction after 90 days. The policy, which includes the five personal identifiers specifically covered, is located on our website at www.dcd.uscourts.gov. Redaction Request due 9/2/2020. Redacted Transcript Deadline set for 9/12/2020. Release of Transcript Restriction set for 11/10/2020.(Dickman, Janice) (Entered: 08/12/2020)
2020-08-1329NOTICE OF AGREED SCHEDULE FOR SUPPLEMENTAL SUBMISSIONS by OFFICE OF MANAGEMENT AND BUDGET re Order on Motion for Summary Judgment,,, Telephone Conference,,, Set Deadlines,, (Cutri-Kohart, Rebecca) (Entered: 08/13/2020)
2020-08-17MINUTE ORDER. In light of 29 the parties' notice of agreed schedule for supplement submissions, it is ORDERED that defendant's supplement to its declaration is due by September 14, 2020; plaintiffs' response is due by September 28, 2020; and defendant's reply is due by October 5, 2020. Signed by Judge Amy Berman Jackson on 8/17/20. (DMK) (Entered: 08/17/2020)
2020-08-17Set/Reset Deadlines: Defendant's Supplement to its Declaration is due by 9/14/2020; Plaintiffs' Response is due by 9/28/2020; Defendant's reply is due by 10/5/2020. (jth) (Entered: 08/17/2020)
2020-09-1430MOTION for Summary Judgment (Renewed) by OFFICE OF MANAGEMENT AND BUDGET (Attachments: # 1 Declaration of Mark R. Paoletta, # 2 Exhibit B, # 3 Text of Proposed Order)(Cutri-Kohart, Rebecca) (Entered: 09/14/2020)
2020-09-2831Memorandum in opposition to re 30 MOTION for Summary Judgment (Renewed) filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (Attachments: # 1 Text of Proposed Order Proposed Order)(McCraw, David) (Entered: 09/28/2020)
2020-10-0532REPLY to opposition to motion re 30 MOTION for Summary Judgment (Renewed) filed by OFFICE OF MANAGEMENT AND BUDGET. (Cutri-Kohart, Rebecca) (Entered: 10/05/2020)
2021-03-02MINUTE ORDER. The declaration in support of defendant's renewed motion for summary judgment [30-1] makes reference to at least one record that "conveys information sharing Mr. Blair's knowledge about actual Presidential deliberations regarding" a particular issue. See, e.g., Paoletta Decl. para. 20(h). The parties may each submit a supplemental memorandum addressing the specific question of whether, assuming for purposes of this exercise that Mr. Blair served as an immediate advisor to the President, communications that do not solicit information from, but instead transmit information to, persons outside the White House, are covered by the D.C. Circuit's extension of the presidential communications privilege to shield "communications made by presidential advisers in the course of preparing advice for the President... [g]iven the need... for advisers to obtain information from all knowledgeable sources...." In re Sealed Case, 121 F.3d 729, 752 (1997). The supplemental memoranda, which may not exceed 5 pages and which need not repeat any of the facts or any of the rhetoric contained in the extensive prior briefing, are due on March 8, 2021. Signed by Judge Amy Berman Jackson on 3/2/21. (lcabj2) (Entered: 03/02/2021)
2021-03-03MINUTE ORDER. The Court has already solicited supplemental briefing with respect to the question of whether Duffey's requests for information from Blair and Blair's responses (as opposed to Blair's requests for information and Duffey's responses) fall within the scope of the executive privilege. The parties should also address whether pre-existing documents generated outside the White House, transmitted by Duffey to Blair as attachments to emails per Blair's request (as opposed to documents created by OMB to convey information requested by Blair), are covered by either the executive privilege or the deliberative process privilege. The memoranda may now extend to 7 pages and may be submitted by March 10, 2021; if the parties are relying on cases detailed in earlier memoranda, they may simply cite the case and refer the court to the discussion in the earlier pleading. Signed by Judge Amy Berman Jackson on 3/3/21. (lcabj2) (Entered: 03/03/2021)
2021-03-1033SUPPLEMENTAL MEMORANDUM re 31 Memorandum in opposition to re 30 MOTION for Summary Judgment (Renewed) filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (McCraw, David) (Entered: 03/10/2021)
2021-03-1034SUPPLEMENTAL MEMORANDUM IN RESPONSE TO THE COURTS MINUTE ORDERS OF MARCH 2 AND MARCH 3, 2021 by OFFICE OF MANAGEMENT AND BUDGET. (Cutri-Kohart, Rebecca) Modified on 3/11/2021 to correct docket text (zjf). (Entered: 03/10/2021)
2021-03-2935ORDER. It is ORDERED that defendant's 30 renewed motion for summary judgment is DENIED in part and GRANTED in part and plaintiffs' 22 motion for summary judgment is GRANTED in part and DENIED in part. Defendant's response to this order is due by April 12, 2021. See order for details. Signed by Judge Amy Berman Jackson on 3/29/21. (lcabj2) (Entered: 03/29/2021)
2021-03-30MINUTE ORDER. A Video (VTC) Status Conference is set for 4/19/2021 at 1:30 PM before Judge Amy Berman Jackson. In a separate email, the Court's Deputy Clerk will provide counsel with the video connection information needed to participate in the proceeding. Signed by Judge Amy Berman Jackson on 3/30/2021. (jth) (Entered: 03/30/2021)
2021-04-0736Consent MOTION for Extension of Time to File Additional Support by OFFICE OF MANAGEMENT AND BUDGET. (Attachments: # 1 Text of Proposed Order)(Cutri-Kohart, Rebecca) (Entered: 04/07/2021)
2021-04-09MINUTE ORDER granting defendant's 36 motion for extension of time. It is ORDERED that defendant's response to the 35 order is due by April 26, 2021. The Court notes that the government bears the burden under section 552(a)(8)(A) to explain how the specific decision-making processes or deliberations at issue would be harmed by disclosure of these records in particular, and its ability to do that should not depend on what the Court has to say at the hearing since defendant made the decision to withhold the documents in the first place. Signed by Judge Amy Berman Jackson on 4/9/21. (lcabj2) (Entered: 04/09/2021)
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