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Case TitleThe New York Times Company v. Department of Health and Human Services
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv03063
Date Filed2020-04-16
Date ClosedOpen
JudgeMagistrate Judge Gabriel W. Gorenstein
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted a FOIA request to the Department of Health and Human Services for records concerning reports produced by Integritas Creative Solutions investigators regarding Stanley Weber Parker. The Times also requested expedited processing. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantConsolidated Plaintiff
Dow Jones & Company, Inc.
DefendantConsolidated Plaintiff
Christopher Weaver
DefendantDepartment of Health and Human Services
Documents
Docket
Complaint
Opinion/Order [13]
Opinion/Order [29]
Opinion/Order [31]
Opinion/Order [33]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-04-161COMPLAINT against Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19467583)Document filed by The New York Times Company..(McCraw, David) (Entered: 04/16/2020)
2020-04-162CIVIL COVER SHEET filed..(McCraw, David) (Entered: 04/16/2020)
2020-04-163REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health and Human Services, re: 1 Complaint. Document filed by The New York Times Company..(McCraw, David) (Entered: 04/16/2020)
2020-04-164NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 04/16/2020)
2020-04-165RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 04/16/2020)
2020-04-17CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 . .(jgo) (Entered: 04/17/2020)
2020-04-17Magistrate Judge Gabriel W. Gorenstein 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 . (jgo) (Entered: 04/17/2020)
2020-04-17Case Designated ECF. (jgo) (Entered: 04/17/2020)
2020-04-176ELECTRONIC SUMMONS ISSUED as to Department of Health and Human Services..(jgo) (Entered: 04/17/2020)
2020-05-197LETTER MOTION to Consolidate Cases 1:20-cv-3063; 1:20-cv-3145 addressed to Judge Vernon S. Broderick from David McCraw dated May 19, 2020. Document filed by The New York Times Company..(McCraw, David) (Entered: 05/19/2020)
2020-05-218CONSENT LETTER MOTION for Extension of Time addressed to Judge Vernon S. Broderick from Jennifer C. Simon dated May 21, 2020. Document filed by Department of Health and Human Services..(Simon, Jennifer) (Entered: 05/21/2020)
2020-05-269ORDER granting 8 Letter Motion for Extension of Time. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/26/2020) (rro) (Entered: 05/26/2020)
2020-05-26Set/Reset Deadlines: Department of Health and Human Services answer due 6/11/2020. (rro) (Entered: 05/26/2020)
2020-06-1110ANSWER to 1 Complaint. Document filed by Department of Health and Human Services..(Simon, Jennifer) (Entered: 06/11/2020)
2020-06-2411ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Consent under 28 U.S.C. 636(c) for all purposes (including trial). Referred to Magistrate Judge Gabriel W. Gorenstein. Motions referred to Gabriel W. Gorenstein. (Signed by Judge Vernon S. Broderick on 6/24/2020) (mro) (Entered: 06/25/2020)
2020-06-2412CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge Gabriel W. Gorenstein. (Signed by Judge Vernon S. Broderick on 6/24/2020).(mro) (Entered: 06/25/2020)
2020-06-3013ORDER: At the parties' request, the above actions are consolidated for all purposes pursuant to Rule 42(a)(2) of the Federal Rules of Civil Procedure. Any future filings shall be made only in Docket 20 Civ. 3063 and shall be deemed to be filed in both cases. The parties are directed to confer and, by July 17, 2020, either file a plan pursuant to Fed. R. Civ. P. 26(f) or file a letter containing a proposal (or separate proposals) for the disposition of these two cases. If the parties seek a conference with the Court, they may so state in their filing. (Signed by Magistrate Judge Gabriel W. Gorenstein on 6/30/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (jwh) (Entered: 06/30/2020)
2020-07-0814JOINT LETTER addressed to Magistrate Judge Gabriel W. Gorenstein from Seth D. Berlin dated 07/08/2020 re: Response to Order of June 30, 2020. Document filed by Dow Jones & Company, Inc., Christopher Weaver.Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Berlin, Seth) (Entered: 07/08/2020)
2020-07-0915MEMO ENDORSEMENT: on re: (14 in 1:20-cv-03063-GWG, 26 in 1:20-cv-03145-GWG) Letter, filed by Dow Jones & Company, Inc., Christopher Weaver. ENDORSEMENT: The above schedule is approved. SO ORDERED., ( Cross Motions due by 9/14/2020., Motions due by 8/14/2020., Responses due by 10/12/2020, Replies due by 11/2/2020.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 7/09/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (ama) (Entered: 07/09/2020)
2020-08-0416FILING ERROR - DEFICIENT DOCKET ENTRY - MOTION for Matthew Edward Kelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20993716. Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dow Jones & Company, Inc., Christopher Weaver. (Attachments: # 1 Exhibit Declaration of Matthew E. Kelley).(Kelley, Matthew) Modified on 8/4/2020 (bcu). (Entered: 08/04/2020)
2020-08-04>>>NOTICE REGARDING DEFICIENT MOTION TO APPEAR PRO HAC VICE. Notice to RE-FILE Document No. 16 MOTION for Matthew Edward Kelley to Appear Pro Hac Vice . Filing fee $ 200.00, receipt number ANYSDC-20993716. Motion and supporting papers to be reviewed by Clerk's Office staff. .. The filing is deficient for the following reason(s): missing Proposed Order;. Re-file the motion as a Corrected Motion to Appear Pro Hac Vice - attach the correct signed PDF - select the correct named filer/filers - attach valid Certificates of Good Standing issued within the past 30 days - attach Proposed Order.. (bcu) (Entered: 08/04/2020)
2020-08-0417MOTION for Matthew Edward Kelley to Appear Pro Hac Vice Corrected Motion . Motion and supporting papers to be reviewed by Clerk's Office staff. Document filed by Dow Jones & Company, Inc., Christopher Weaver. (Attachments: # 1 Affidavit of Matthew E. Kelley, # 2 Text of Proposed Order).(Kelley, Matthew) (Entered: 08/04/2020)
2020-08-04>>>NOTICE REGARDING PRO HAC VICE MOTION. Regarding Document No. 17 MOTION for Matthew Edward Kelley to Appear Pro Hac Vice Corrected Motion . Motion and supporting papers to be reviewed by Clerk's Office staff. . The document has been reviewed and there are no deficiencies. (bcu) (Entered: 08/04/2020)
2020-08-0518ORDER: granting (17) Motion for Matthew Edward Kelley to Appear Pro Hac Vice in case 1:20-cv-03063-GWG. (Signed by Magistrate Judge Gabriel W. Gorenstein on 8/05/2020) Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG (ama) (Entered: 08/05/2020)
2020-08-1419MOTION for Summary Judgment . Document filed by Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/14/2020)
2020-08-1420MEMORANDUM OF LAW in Support re: 19 MOTION for Summary Judgment . . Document filed by Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/14/2020)
2020-08-1421DECLARATION of Jonathan Merrell in Support re: 19 MOTION for Summary Judgment .. Document filed by Department of Health and Human Services..(Simon, Jennifer) (Entered: 08/14/2020)
2020-09-1422CROSS MOTION for Summary Judgment . Document filed by Dow Jones & Company, Inc., The New York Times Company, Christopher Weaver..(Kelley, Matthew) (Entered: 09/14/2020)
2020-09-1423MEMORANDUM OF LAW in Support re: 22 CROSS MOTION for Summary Judgment . and in Opposition to Defendant's Motion for Summary Judgment . Document filed by Dow Jones & Company, Inc., The New York Times Company, Christopher Weaver..(Kelley, Matthew) (Entered: 09/14/2020)
2020-09-1424DECLARATION of Mark P. Butterbrodt, M.D. in Support re: 22 CROSS MOTION for Summary Judgment .. Document filed by Dow Jones & Company, Inc., The New York Times Company, Christopher Weaver..(Kelley, Matthew) (Entered: 09/14/2020)
2020-09-1425DECLARATION of Matthew E. Kelley in Support re: 22 CROSS MOTION for Summary Judgment .. Document filed by Dow Jones & Company, Inc., The New York Times Company, Christopher Weaver. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38).(Kelley, Matthew) (Entered: 09/14/2020)
2020-10-1226REPLY MEMORANDUM OF LAW in Support re: (19 in 1:20-cv-03063-GWG) MOTION for Summary Judgment . and in Opposition to Plaintiffs' Motion for Summary Judgment . Document filed by Department of Health and Human Services, Department of Health & Human Services. Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) (Entered: 10/12/2020)
2020-10-3027NOTICE OF APPEARANCE by Alexandra Settelmayer on behalf of The New York Times Company..(Settelmayer, Alexandra) (Entered: 10/30/2020)
2020-11-0228REPLY MEMORANDUM OF LAW in Support re: 22 CROSS MOTION for Summary Judgment . . Document filed by Dow Jones & Company, Inc., The New York Times Company, Christopher Weaver..(Kelley, Matthew) (Entered: 11/02/2020)
2020-11-2029ORDER: Counsel for defendant is directed to deliver to Chambers at 500 Pearl Street, New York, NY 10007 (by mail, hand delivery, or email), ex parte and for in camera review, an unredacted version of the document at issue in this case. If counsel wishes to email the document, counsel should contact Chambers by telephone for instructions on how to do so. SO ORDERED. (Signed by Magistrate Judge Gabriel W. Gorenstein on 11/20/2020) (ama) (Entered: 11/23/2020)
2020-11-2330NOTICE of Substitution of Attorney. Old Attorney: Alexandra Perloff-Giles, New Attorney: David McCraw, Address: The New York Times Company, 620 Eighth Avenue, New York, NY, 10018, 212-556-4031. Document filed by The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 11/23/2020)
2021-01-1331OPINION AND ORDER re: 22 CROSS MOTION for Summary Judgment . filed by The New York Times Company, Dow Jones & Company, Inc., Christopher Weaver, 19 MOTION for Summary Judgment . filed by Department of Health and Human Services. For the foregoing reasons, HHS's motion for summary judgment (Docket # 19) is denied and plaintiffs' cross-motion (Docket # 22) is granted. HHS shall produce the Report within 14 days, with only redactions pursuant to Exemption 6 permitted. (As further set forth in this Order.) (Signed by Magistrate Judge Gabriel W. Gorenstein on 1/13/2021) (cf) Transmission to Orders and Judgments Clerk for processing. (Entered: 01/13/2021)
2021-01-2232LETTER MOTION to Stay re: (31 in 1:20-cv-03063-GWG) Memorandum & Opinion,, addressed to Magistrate Judge Gabriel W. Gorenstein from Jennifer C. Simon dated January 21, 2021. Document filed by Department of Health and Human Services.Filed In Associated Cases: 1:20-cv-03063-GWG, 1:20-cv-03145-GWG.(Simon, Jennifer) (Entered: 01/22/2021)
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