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Case TitleThe New York Times Company et al v. Federal Bureau of Investigation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv10888
Date Filed2021-12-20
Date Closed2023-09-13
JudgeJudge Naomi Reice Buchwald
PlaintiffThe New York Times Company
PlaintiffCharlie Savage
Case DescriptionNew York Times reporter Charlie Savage submitted a FOIA request to the FBI for records concerning Shooting Incident Review Team and Shooting Incident Review Group reports completed since his 2016 request. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Savage and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantFederal Bureau of Investigation
Documents
Docket
Complaint
Opinion/Order [45]
Opinion/Order [46]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-201COMPLAINT against Federal Bureau of Investigation. (Filing Fee $ 402.00, Receipt Number ANYSDC-25490690)Document filed by The New York Times Company, Charlie Savage..(McCraw, David) (Entered: 12/20/2021)
2021-12-202CIVIL COVER SHEET filed..(McCraw, David) (Entered: 12/20/2021)
2021-12-203REQUEST FOR ISSUANCE OF SUMMONS as to Federal Bureau of Investigation, re: 1 Complaint. Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 12/20/2021)
2021-12-204RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 12/20/2021)
2021-12-21CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Naomi Reice Buchwald. 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 . .(gp) (Entered: 12/21/2021)
2021-12-21Magistrate 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 . (gp) (Entered: 12/21/2021)
2021-12-21Case Designated ECF. (gp) (Entered: 12/21/2021)
2021-12-215ELECTRONIC SUMMONS ISSUED as to Federal Bureau of Investigation..(gp) (Main Document 5 replaced on 12/21/2021) (gp). (Entered: 12/21/2021)
2022-01-106NOTICE OF APPEARANCE by Christine Schessler Poscablo on behalf of Federal Bureau of Investigation..(Poscablo, Christine) (Entered: 01/10/2022)
2022-01-197LETTER addressed to Judge Naomi Reice Buchwald from Christine S. Poscablo dated January 19, 2022 re: Request for Extension of Time to Respond to Complaint. Document filed by Federal Bureau of Investigation..(Poscablo, Christine) (Entered: 01/19/2022)
2022-01-208MEMO ENDORSEMENT on re: 7 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: Application granted. SO ORDERED. Federal Bureau of Investigation answer due 2/22/2022. (Signed by Judge Naomi Reice Buchwald on 1/20/2022) (mml) (Entered: 01/20/2022)
2022-02-079NOTICE OF APPEARANCE by Samuel Hilliard Dolinger on behalf of Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 02/07/2022)
2022-02-1810ANSWER to 1 Complaint. Document filed by Federal Bureau of Investigation..(Poscablo, Christine) (Entered: 02/18/2022)
2022-02-2311NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of Charlie Savage, The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 02/23/2022)
2022-04-0512LETTER addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 4/5/2022 re: Joint proposal for processing schedule. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 04/05/2022)
2022-04-0613MEMO ENDORSEMENT on re: 12 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/6/2022) (mml) (Entered: 04/06/2022)
2022-08-0814MOTION for S.Y. Jessica Hui to Withdraw as Attorney . Document filed by Charlie Savage, The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 08/08/2022)
2022-08-1115MEMO ENDORSED ORDER granting 14 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Sum Yi Jessica Hui terminated. (Signed by Judge Naomi Reice Buchwald on 8/11/2022) (mml) (Entered: 08/11/2022)
2022-08-2416LETTER addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 8/24/2022 re: joint status update. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 08/24/2022)
2022-08-2517MEMO ENDORSEMENT on re: 16 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 8/25/2022) (mml) (Entered: 08/25/2022)
2022-09-2818LETTER addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 9/28/2022 re: joint status update. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 09/28/2022)
2022-09-2919MEMO ENDORSEMENT on re: 18 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 9/29/2022) (mml) (Entered: 09/29/2022)
2022-10-0520LETTER addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 10/5/2022 re: parties' respective proposals for summary judgment schedule. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 10/05/2022)
2022-10-0621MEMO ENDORSEMENT on re: 20 Letter filed by Federal Bureau of Investigation. ENDORSEMENT: So Ordered. ( Motions due by 11/9/2022., Responses due by 12/21/2022, Replies due by 1/9/2023.) (Signed by Judge Naomi Reice Buchwald on 10/6/2022) (ate) (Entered: 10/06/2022)
2022-11-0922MOTION for Summary Judgment . Document filed by Federal Bureau of Investigation. Responses due by 12/7/2022.(Dolinger, Samuel) (Entered: 11/09/2022)
2022-11-0923MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment . . Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 11/09/2022)
2022-11-0924DECLARATION of Michael G. Seidel in Support re: 22 MOTION for Summary Judgment .. Document filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - FOIA request dated Feb. 11, 2019, # 2 Exhibit B - FBI letter dated Feb. 20, 2019, # 3 Exhibit C - FBI cover letter dated May 11, 2021, # 4 Exhibit D - FOIA request dated Apr. 5, 2021, # 5 Exhibit E - FBI cover letter dated May 23, 2022, # 6 Exhibit F - FBI cover letter dated June 24, 2022, # 7 Exhibit G - FBI cover letter dated July 25, 2022, # 8 Exhibit H - FBI cover letter dated Aug. 12, 2022, # 9 Exhibit I - FBI cover letter dated Sept. 21, 2022, # 10 Exhibit J - Records Bates-marked 1-17, # 11 Exhibit K - Records Bates-marked 700-703, # 12 Exhibit L - Records Bates-marked 676, 683-684).(Dolinger, Samuel) (Entered: 11/09/2022)
2022-11-0925LETTER addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 11/9/2022 re: Outline of arguments in FBI's motion for summary judgment. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 11/09/2022)
2022-12-0726CROSS MOTION for Summary Judgment . Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 12/07/2022)
2022-12-0727MEMORANDUM OF LAW in Support re: 26 CROSS MOTION for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 12/07/2022)
2022-12-0728DECLARATION of Al-Amyn Sumar in Support re: 26 CROSS MOTION for Summary Judgment .. Document filed by Charlie Savage, The New York Times Company. (Attachments: # 1 Exhibit NYT 2013 Story, # 2 Exhibit NYT 2015 Story, # 3 Exhibit NYT 2016 Story, # 4 Exhibit Houston Chronicle Story, # 5 Exhibit DOJ OIG 2004 Report, # 6 Exhibit DOJ OIG 2009 Report, # 7 Exhibit Excerpt of Senate Transcript, # 8 Exhibit DOJ Use of Force Policy).(McCraw, David) (Entered: 12/07/2022)
2022-12-0729LETTER addressed to Judge Naomi Reice Buchwald from Al-Amyn Sumar dated December 7, 2022 re: Outline of arguments in cross-motion for summary judgment. Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 12/07/2022)
2022-12-0830NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of Charlie Savage, The New York Times Company..(Sumar, Al-Amyn) (Entered: 12/08/2022)
2022-12-1431LETTER MOTION for Extension of Time for remaining summary judgment briefing schedule addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 12/14/2022. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 12/14/2022)
2022-12-1432ORDER granting 31 Letter Motion for Extension of Time. Application for 30-day extension is granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 12/14/2022) (vfr) (Entered: 12/14/2022)
2022-12-14Set/Reset Deadlines: Responses due by 1/20/2023 Replies due by 3/8/2023. (vfr) (Entered: 12/14/2022)
2023-01-1933LETTER MOTION for Extension of Time for remaining summary judgment briefing schedule addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 1/19/2023. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 01/19/2023)
2023-01-2334ORDER granting 33 Letter Motion for Extension of Time. Application granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 1/23/2023) (mml) (Entered: 01/23/2023)
2023-02-2135STATUS REPORT. regarding FBI's continuing review Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 02/21/2023)
2023-02-2236MEMO ENDORSEMENT on re: 35 Status Report filed by Federal Bureau of Investigation. ENDORSEMENT: Application granted. (Signed by Judge Naomi Reice Buchwald on 2/22/2023) (ate) (Entered: 02/22/2023)
2023-04-2437STATUS REPORT. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 04/24/2023)
2023-04-2638MEMO ENDORSEMENT: on re: 37 Status Report filed by Federal Bureau of Investigation. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 4/26/2023) (ama) (Entered: 04/26/2023)
2023-05-2439STATUS REPORT. and joint request to enter briefing schedule Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 05/24/2023)
2023-05-2540ENDORSED LETTER addressed to Counsel from Judge Naomi Reice Buchwald dated 5/25/2023 re: Status Letter ECF No. 39. ENDORSEMENT: The Court has received your letter of May 24, 2023. ECF No. 39. The Court appreciates the parties efforts to narrow the issues. Nonetheless, the proposed briefing schedule raises some conflicts with law clerk transition. Accordingly, the Court would request that the parties submit their briefs one week ahead of the proposed schedule. (Signed by Judge Naomi Reice Buchwald on 5/25/2023) (tg) (Entered: 05/25/2023)
2023-06-3041REPLY MEMORANDUM OF LAW in Support re: 22 MOTION for Summary Judgment . and in Opposition to Plaintiffs' Cross-Motion for Summary Judgment . Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 06/30/2023)
2023-06-3042DECLARATION of Michael G. Seidel (Second) in Support re: 22 MOTION for Summary Judgment .. Document filed by Federal Bureau of Investigation. (Attachments: # 1 Exhibit A - FBI OPR Precedent Reports).(Dolinger, Samuel) (Entered: 06/30/2023)
2023-08-1143REPLY MEMORANDUM OF LAW in Support re: 26 CROSS MOTION for Summary Judgment . . Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 08/11/2023)
2023-08-2344LETTER addressed to Judge Naomi Reice Buchwald from Samuel Dolinger dated 8/23/2023 re: invocation of FOIA exemption 5, first raised by Plaintiffs in their reply brief. Document filed by Federal Bureau of Investigation..(Dolinger, Samuel) (Entered: 08/23/2023)
2023-09-1345MEMORANDUM AND ORDER granting 22 Motion for Summary Judgment; terminating 26 Motion for Summary Judgment. Accordingly, for the reasons stated above, the Government's motion for summary judgment is granted. As such, the Clerk of the Court is respectfully directed to close the motions pending at ECF Nos. 22 and 26, enter judgment for the Government, and close the case. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 9/13/2023) (mml) Transmission to Orders and Judgments Clerk for processing. (Entered: 09/13/2023)
2023-09-1346CLERK'S JUDGMENT re: 45 Order on Motion for Summary Judgment. It is hereby ORDERED, ADJUDGED AND DECREED: That for the reasons stated in the Court's Memorandum and Order dated September 13, 2023, the Government's motion for summary judgment is granted. Judgment is entered for the Government, and the case is closed. (Signed by Clerk of Court Ruby Krajick on 9/13/2023) (Attachments: # 1 Appeal Package) (tp) (Entered: 09/13/2023)
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