| Date Filed | Doc # | Docket Text |
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| 2020-01-30 | 1 | COMPLAINT against Federal Bureau of Prisons. (Filing Fee $ 400.00, Receipt Number ANYSDC-18640363)Document filed by The New York Times Company.(McCraw, David) (Entered: 01/30/2020) |
| 2020-01-30 | 2 | CIVIL COVER SHEET filed. (McCraw, David) (Entered: 01/30/2020) |
| 2020-01-30 | 3 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company.(McCraw, David) (Entered: 01/30/2020) |
| 2020-01-30 | 4 | REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Prisons, re: 1 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 01/30/2020) |
| 2020-01-30 | 5 | NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 01/30/2020) |
| 2020-01-31 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Paul A. Engelmayer. Please download and review the Individual Practices of the assigned District Judge, located at https://nysd.uscourts.gov/judges/district-judges . 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 https://nysd.uscourts.gov/rules/ecf-related-instructions . (pne) (Entered: 01/31/2020) |
| 2020-01-31 | | Magistrate Judge Barbara C. Moses 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf . (pne) (Entered: 01/31/2020) |
| 2020-01-31 | | Case Designated ECF. (pne) (Entered: 01/31/2020) |
| 2020-01-31 | 6 | ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Prisons. (pne) (Entered: 01/31/2020) |
| 2020-03-04 | 7 | ANSWER to 1 Complaint. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 03/04/2020) |
| 2020-03-05 | 8 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 3/25/2020 at 03:00 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 3/5/2020) (jwh) (Entered: 03/05/2020) |
| 2020-03-06 | 9 | CERTIFICATE OF SERVICE of Notice of Initial Pretrial Conference served on Federal Bureau of Prisons on March 6, 2020. Service was made by Email. Document filed by The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 03/06/2020) |
| 2020-03-13 | 10 | NOTICE OF INITIAL PRETRIAL CONFERENCE: Due to the current public health situation, the conference scheduled for March 25, 2020, at 3 p.m. is adjourned to April 20, 2020, at 11 a.m. The conference-related deadlines previously set for March 20, 2020, see Dkt. 8, are adjourned to April 15, 2020. (Initial Conference set for 4/20/2020 at 11:00 AM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/13/2020) (jwh) (Entered: 03/13/2020) |
| 2020-04-15 | 11 | JOINT LETTER addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated April 15, 2020 re: Initial Pretrial Conference. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 04/15/2020) |
| 2020-04-15 | 12 | MEMO ENDORSEMENT on re: 11 Letter filed by Federal Bureau of Prisons. ENDORSEMENT: The Court appreciates this letter. The parties will not be required to submit a proposed case management plan and scheduling order. The initial pretrial conference will be held telephonically, as scheduled, at 11 a.m. on April 20, 2020. Dial-In: (888) 363-4749 or (215) 446-3662 Access Code: 4684906 (Signed by Judge Paul A. Engelmayer on 4/15/2020) (jwh) (Entered: 04/15/2020) |
| 2020-04-20 | 13 | ORDER: The Court held an initial pretrial conference in this matter today, at which it set the following schedule for the parties' proposed cross-motions for summary judgment: Defendant's motion for summary judgment is due June 6, 2020; Plaintiff's opposition and cross-motion is due July 27, 2020; Defendant's reply and opposition is due August 17, 2020; and Plaintiff's reply is due September 7, 2020. This schedule balances plaintiff and the public's interest in expeditious litigation regarding a topic of public interest with the need of defendant, the Federal Bureau of Prisons, to focus its resources and personnel on emergency issues arising from the COVID-19 pandemic at the present moment. SO ORDERED. (Signed by Judge Paul A. Engelmayer on 4/20/2020) ( Cross Motions due by 7/27/2020., Motions due by 6/6/2020., Responses due by 8/17/2020, Replies due by 9/7/2020.) (ks) (Entered: 04/20/2020) |
| 2020-04-20 | | Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicInitial Pretrial Conference held on 4/20/2020. (ab) (Entered: 05/05/2020) |
| 2020-04-23 | 14 | LETTER addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated April 23, 2020 re: The Court's Order dated April 20, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 04/23/2020) |
| 2020-04-23 | 15 | AMENDED ORDER re: 13 Order: The Court held an initial pretrial conference in this matter today, at which it set the following schedule for the parties' proposed cross-motions for summary judgment: Defendant's motion for summary judgment is due June 22, 2020; Plaintiff's opposition and cross-motion is due July 27, 2020; Defendant's reply and opposition is due August 17, 2020; and Plaintiff's reply is due September 7, 2020. This schedule balances plaintiff and the public's interest in expeditious litigation regarding a topic of public interest with the need of defendant, the Federal Bureau of Prisons, to focus its resources and personnel on emergency issues arising from the COVID-19 pandemic at the present moment. (Motions due by 6/22/2020. Cross Motions due by 7/27/2020. Responses due by 8/17/2020. Replies due by 9/7/2020.) (Signed by Judge Paul A. Engelmayer on 4/23/2020) (jwh) (Entered: 04/23/2020) |
| 2020-06-11 | 16 | LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated June 11, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 06/11/2020) |
| 2020-06-12 | 17 | ORDER granting 16 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 6/12/2020) (jwh) (Entered: 06/12/2020) |
| 2020-06-12 | | Set/Reset Deadlines: Motions due by 7/22/2020. Cross Motions due by 8/27/2020. Responses due by 9/17/2020. Replies due by 10/7/2020. (jwh) (Entered: 06/12/2020) |
| 2020-07-17 | 18 | SECOND LETTER MOTION for Extension of Time to File Cross-Motions for Summary Judgment addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated July 17, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 07/17/2020) |
| 2020-07-20 | 19 | ORDER granting 18 Letter Motion for Extension of Time. Granted. SO ORDERED. ( Cross Motions due by 9/10/2020. Motions due by 8/5/2020.) (Signed by Judge Paul A. Engelmayer on 7/20/20) (yv) (Entered: 07/20/2020) |
| 2020-07-20 | | Set/Reset Deadlines: Responses due by 9/24/2020. Replies due by 10/14/2020. (yv) (Entered: 07/20/2020) |
| 2020-08-05 | 20 | MOTION for Summary Judgment . Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020) |
| 2020-08-05 | 21 | DECLARATION of Russell Capone in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020) |
| 2020-08-05 | 22 | DECLARATION of Russell Capone in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons. (Attachments: # 1 Exhibit A - Noel Indictment, # 2 Exhibit B - Tartaglione Indictment).(Kochevar, Steven) (Entered: 08/05/2020) |
| 2020-08-05 | 23 | DECLARATION of Nicole McFarland in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020) |
| 2020-08-05 | 24 | DECLARATION of Kara Christenson in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons. (Attachments: # 1 Attachment 1 - First FOIA Request, # 2 Attachment 2 - Second FOIA Request, # 3 Attachment 3 - Determination Response, # 4 Attachment 4 - OIP Determination Response, # 5 Attachment 5 - Third FOIA Request, # 6 Attachment 6 - Fourth FOIA Request, # 7 Attachment 7 - Aggregation Letter, # 8 Attachment 8 - Index of Documents Withheld in Full).(Kochevar, Steven) (Entered: 08/05/2020) |
| 2020-08-05 | 25 | MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment . . Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020) |
| 2020-09-10 | 26 | CROSS MOTION for Summary Judgment . Document filed by The New York Times Company..(McCraw, David) (Entered: 09/10/2020) |
| 2020-09-10 | 27 | MEMORANDUM OF LAW in Support re: 26 CROSS MOTION for Summary Judgment . . Document filed by The New York Times Company..(McCraw, David) (Entered: 09/10/2020) |
| 2020-09-10 | 28 | LETTER MOTION for Extension of Time to File Remaining Summary Judgment Papers addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated September 10, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 09/10/2020) |
| 2020-09-10 | 29 | ORDER granting 28 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 9/10/2020) (jwh) (Entered: 09/10/2020) |
| 2020-09-10 | | Set/Reset Deadlines as to 20 MOTION for Summary Judgment, 26 CROSS MOTION for Summary Judgment: Responses due by 10/1/2020. Replies due by 10/21/2020. (jwh) (Entered: 09/10/2020) |
| 2020-09-30 | 30 | SECOND LETTER MOTION for Extension of Time to File Remaining Summary Judgment Papers addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated September 30, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 09/30/2020) |
| 2020-10-01 | 31 | ORDER granting 30 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 10/1/2020) (jwh) (Entered: 10/01/2020) |
| 2020-10-01 | | Set/Reset Deadlines as to 20 MOTION for Summary Judgment, 26 CROSS MOTION for Summary Judgment: Responses due by 10/8/2020. Replies due by 10/28/2020. (jwh) (Entered: 10/01/2020) |
| 2020-10-06 | 32 | LETTER MOTION to Stay addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated October 6, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 10/06/2020) |
| 2020-10-07 | 33 | ORDER granting 32 Letter Motion to Stay: Granted. To ensure a streamlined and expeditious resolution to this matter, the Court finds that the interests of the parties, the public, and the courts favor granting a stay. This case is hereby stayed until December 6, 2020. Defendant shall file a status report by November 6, 2020, informing the Court whether it will be prepared, as the Court expects it it will be, to complete its briefing of the pending motions for summary judgment without further delay. (Signed by Judge Paul A. Engelmayer on 10/7/2020) (jwh) (Entered: 10/07/2020) |
| 2020-11-06 | 34 | LETTER addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated November 6, 2020 re: Status Report Pursuant to the Court's October 7, 2020, Order (ECF No. 33). Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 11/06/2020) |
| 2020-11-09 | 35 | MEMO ENDORSEMENT re: 34 Letter filed by Federal Bureau of Prisons. ENDORSEMENT: Granted. Defendant is directed to produce any additional non- exempt material to plaintiff by December 11, 2020. Defendant's opposition to plaintiff's motion for summary judgment and reply in support of its own motion is due by December 18, 2020. Plaintiff's reply is due by January 13, 2021. (Responses due by 12/18/2020, Replies due by 1/13/2021.) (Signed by Judge Paul A. Engelmayer on 11/9/2020) (nb) (Entered: 11/09/2020) |
| 2020-12-07 | 36 | LETTER MOTION for Extension of Time to Produce Any Additional Non-Exempt Responsive Material and to File Remaining Summary Judgment Papers addressed to Judge Paul A. Engelmayer from AUSA Steven J. Kochevar dated December 7, 2020. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 12/07/2020) |
| 2020-12-08 | 37 | ORDER granting 36 Letter Motion for Extension of Time: Granted. Defendant shall produce any additional non-exempt material to plaintiff by January 8, 2021. Defendant's opposition brief and reply in support of its own motion, and any additional supporting declarations, are due by January 15, 2021. Plaintiff's reply is due by February 10, 2021. The Court does not expect to grant further extensions absent extraordinary circumstances. (Signed by Judge Paul A. Engelmayer on 12/8/2020) (jwh) (Entered: 12/08/2020) |
| 2020-12-08 | | Set/Reset Deadlines as to 20 MOTION for Summary Judgment, 26 CROSS MOTION for Summary Judgment: Responses due by 1/15/2021. Replies due by 2/10/2021. (jwh) (Entered: 12/08/2020) |
| 2021-01-15 | 38 | DECLARATION of Nicole McFarland in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 01/15/2021) |
| 2021-01-15 | 39 | DECLARATION of Kara Christenson in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons. (Attachments: # 1 Exhibit 1 - Updated Index of Withholdings in Full).(Kochevar, Steven) (Entered: 01/15/2021) |
| 2021-01-15 | 40 | DECLARATION of Russell Capone in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 01/15/2021) |
| 2021-01-15 | 41 | REPLY MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment . and in Opposition to Plaintiff's Cross-Motion for Summary Judgment . Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 01/15/2021) |
| 2021-02-10 | 42 | REPLY MEMORANDUM OF LAW in Support re: 26 CROSS MOTION for Summary Judgment . . Document filed by The New York Times Company..(McCraw, David) (Entered: 02/10/2021) |
| 2021-03-15 | 43 | ORDER: The Court will hold oral argument in this case on Friday, April 9, 2021, at 4:00 p.m., on the parties' pending cross-motions for summary judgment. This argument will be held telephonically. The parties should call into the Court's dedicated conference line at (888) 363-4749, and enter Access Code 468-4906, followed by the pound (#) key. Counsel are directed to review the Court's Emergency Rules and Practices in Light of COVID-19, found at https://nysd.uscourts.gov/hon-paul-engelmayer, for the Court's procedures for telephonic conferences and for instructions for communicating with chambers. SO ORDERED. (Telephone Conference set for 4/9/2021 at 04:00 PM before Judge Paul A. Engelmayer.) (Signed by Judge Paul A. Engelmayer on 3/15/2021) (jca) (Entered: 03/15/2021) |
| 2021-03-29 | 44 | NOTICE OF APPEARANCE by Alexandra Settelmayer on behalf of The New York Times Company..(Settelmayer, Alexandra) (Entered: 03/29/2021) |
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