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Case TitleThe New York Times Company v. Federal Bureau of Prisons
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv00833
Date Filed2020-01-30
Date ClosedOpen
JudgeJudge Paul A. Engelmayer
PlaintiffThe New York Times Company
Case DescriptionThe New York Times Company submitted two FOIA requests to the Bureau of Prisons for records concerning the housing of Jeffrey Epstein, including video recordings of his suicide and first suicide attempt. Its two FOIA requests were consolidated and denied on the basis of Exemption 5 (privileges), Exemption 6 (invasion of privacy), Exemption 7(A) (interference with ongoing investigation or proceeding), Exemption 7(C) (invasion of privacy concerning law enforcement records), Exemption 7(E) (investigative methods or techniques), and Exemption 7(F) (harm to any person). The New York Times filed an administrative appeal. The agency acknowledged receipt of the appeal. The New York Times filed a third FOIA request for Epstein's phone calls while in custody. The New York Times also requested expedited processing. The agency acknowledged receipt of the request and denied the New York Times' request for expedited processing. The New York Times filed a fourth request for records concerning the last three phone conversations Epstein had. The New York Times also requested expedited processing. The agency acknowledged receipt of the request, denied the Times' request for expedited processing and indicated that it was consolidating the two requests pertaining to Epstein's phone calls. After hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Litigation - Attorney's fees, Failure to respond within statutory time limit

DefendantFederal Bureau of Prisons
Documents
Docket
Complaint
Opinion/Order [13]
Opinion/Order [15]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text
2020-01-301COMPLAINT 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)
2020-01-302CIVIL COVER SHEET filed. (McCraw, David) (Entered: 01/30/2020)
2020-01-303RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company.(McCraw, David) (Entered: 01/30/2020)
2020-01-304REQUEST 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)
2020-01-305NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 01/30/2020)
2020-01-31CASE 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)
2020-01-31Magistrate 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)
2020-01-31Case Designated ECF. (pne) (Entered: 01/31/2020)
2020-01-316ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Prisons. (pne) (Entered: 01/31/2020)
2020-03-047ANSWER to 1 Complaint. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 03/04/2020)
2020-03-058NOTICE 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)
2020-03-069CERTIFICATE 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)
2020-03-1310NOTICE 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)
2020-04-1511JOINT 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)
2020-04-1512MEMO 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)
2020-04-2013ORDER: 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)
2020-04-20Minute Entry for proceedings held before Judge Paul A. Engelmayer: TelephonicInitial Pretrial Conference held on 4/20/2020. (ab) (Entered: 05/05/2020)
2020-04-2314LETTER 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)
2020-04-2315AMENDED 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)
2020-06-1116LETTER 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)
2020-06-1217ORDER granting 16 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 6/12/2020) (jwh) (Entered: 06/12/2020)
2020-06-12Set/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)
2020-07-1718SECOND 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)
2020-07-2019ORDER 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)
2020-07-20Set/Reset Deadlines: Responses due by 9/24/2020. Replies due by 10/14/2020. (yv) (Entered: 07/20/2020)
2020-08-0520MOTION for Summary Judgment . Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020)
2020-08-0521DECLARATION of Russell Capone in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020)
2020-08-0522DECLARATION 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)
2020-08-0523DECLARATION of Nicole McFarland in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020)
2020-08-0524DECLARATION 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)
2020-08-0525MEMORANDUM OF LAW in Support re: 20 MOTION for Summary Judgment . . Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 08/05/2020)
2020-09-1026CROSS MOTION for Summary Judgment . Document filed by The New York Times Company..(McCraw, David) (Entered: 09/10/2020)
2020-09-1027MEMORANDUM 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)
2020-09-1028LETTER 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)
2020-09-1029ORDER granting 28 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 9/10/2020) (jwh) (Entered: 09/10/2020)
2020-09-10Set/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)
2020-09-3030SECOND 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)
2020-10-0131ORDER granting 30 Letter Motion for Extension of Time: Granted. (Signed by Judge Paul A. Engelmayer on 10/1/2020) (jwh) (Entered: 10/01/2020)
2020-10-01Set/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)
2020-10-0632LETTER 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)
2020-10-0733ORDER 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)
2020-11-0634LETTER 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)
2020-11-0935MEMO 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)
2020-12-0736LETTER 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)
2020-12-0837ORDER 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)
2020-12-08Set/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)
2021-01-1538DECLARATION of Nicole McFarland in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 01/15/2021)
2021-01-1539DECLARATION 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)
2021-01-1540DECLARATION of Russell Capone in Support re: 20 MOTION for Summary Judgment .. Document filed by Federal Bureau of Prisons..(Kochevar, Steven) (Entered: 01/15/2021)
2021-01-1541REPLY 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)
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