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Case TitleThe New York Times Co. et al v. United States Department of the Interior
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv09883
Date Filed2017-12-18
Date Closed2022-01-14
JudgeJudge Vernon S. Broderick
PlaintiffThe New York Times Company
PlaintiffJulie Turkewitz
Case DescriptionNew York Times reporter Julie Turkewitz submitted a FOIA request to the Department of the Interior for records concerning communications Secretary Ryan Zinke had regarding national monuments. The agency acknowledged receipt of the request and asked Turkewitz to narrow the scope of her request. She did so, but after hearing nothing further from the agency, Turkewitz and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantUnited States Department of the Interior
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-12-181COMPLAINT against United States Department of the Interior. (Filing Fee $ 400.00, Receipt Number 0208-14488607)Document filed by The New York Times Co., Julie Turkewitz. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Sims, Charles) (Entered: 12/18/2017)
2017-12-182FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - CIVIL COVER SHEET filed. (Sims, Charles) Modified on 12/19/2017 (jgo). (Entered: 12/18/2017)
2017-12-183REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of the Interior, re: 1 Complaint. Document filed by The New York Times Co., Julie Turkewitz. (Sims, Charles) (Entered: 12/18/2017)
2017-12-184RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Co..(Sims, Charles) (Entered: 12/18/2017)
2017-12-19***NOTICE TO ATTORNEY REGARDING CIVIL CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney Charles S. Sims. The following case opening statistical information was erroneously selected/entered: Jurisdiction code 3 (Federal Question); County code Albany;. The following correction(s) have been made to your case entry: the Jurisdiction code has been modified to 2 (U.S. Government Defendant); the County code has been modified to New York;. (jgo) (Entered: 12/19/2017)
2017-12-19***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney Charles S. Sims. The party information for the following party/parties has been modified: The New York Times Company. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (jgo) (Entered: 12/19/2017)
2017-12-19***NOTICE TO ATTORNEY REGARDING DEFICIENT CIVIL COVER SHEET. Notice to attorney Charles S. Sims to RE-FILE Document No. 2 Civil Cover Sheet. The filing is deficient for the following reason(s): No signature;. Re-file the document using the event type Civil Cover Sheet found under the event list Other Documents and attach the correct PDF. Use civil cover sheet issued by S.D.N.Y. dated June 2017. The S.D.N.Y. Civil Cover Sheet dated June 2017 is located at http://nysd.uscourts.gov/file/forms/civil-cover-sheet.. (jgo) (Entered: 12/19/2017)
2017-12-195CIVIL COVER SHEET filed. (Sims, Charles) (Entered: 12/19/2017)
2017-12-19Magistrate 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: http://nysd.uscourts.gov/forms.php . (laq) (Entered: 12/19/2017)
2017-12-19Case Designated ECF. (laq) (Entered: 12/19/2017)
2017-12-19CASE 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 http://nysd.uscourts.gov/judges/District . 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 http://nysd.uscourts.gov/ecf_filing.php . (pc) (Entered: 12/21/2017)
2017-12-206ELECTRONIC SUMMONS ISSUED as to United States Department of the Interior. (laq) (Entered: 12/20/2017)
2018-01-237NOTICE OF APPEARANCE by Lauren Almquist Lively on behalf of United States Department of the Interior. (Lively, Lauren) (Entered: 01/23/2018)
2018-01-258ANSWER to 1 Complaint. Document filed by United States Department of the Interior.(Lively, Lauren) (Entered: 01/25/2018)
2018-03-189ORDER AND NOTICE OF INITIAL CONFERENCE: It is hereby: ORDERED that counsel for all parties appear for an initial pretrial conference on April 13, 2018 at 11:00 a.m. in Courtroom 518 of the Thurgood Marshall United States Courthouse, 40 Foley Square, New York, New York. Initial Conference set for 4/13/2018 at 11:00 AM in Courtroom 518, 40 Centre Street, New York, NY 10007 before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 3/18/2018) (js) (Entered: 03/19/2018)
2018-04-0610LETTER MOTION to Adjourn Conference Scheduled for April 13, 2018 addressed to Judge Vernon S. Broderick from Lauren Almquist Lively dated April 6, 2018. Document filed by United States Department of the Interior.(Lively, Lauren) (Entered: 04/06/2018)
2018-04-0911ORDER: granting 10 Letter Motion to Adjourn Conference. APPLICATION GRANTED. The initial pre-trial conference scheduled for April 13, 2018 is adjourned until May 3, 2018 at 11:00 a.m. By April 30, 2018, the parties shall submit a proposed case management plan in accordance with my Individual Rules. Initial Conference set for 5/3/2018 at 11:00 AM before Judge Vernon S. Broderick. (Signed by Judge Vernon S. Broderick on 4/9/2018) (ap) (Entered: 04/09/2018)
2018-04-3012JOINT LETTER addressed to Judge Vernon S. Broderick from Lauren Almquist Lively dated April 30, 2018 re: Proposed Stipulation and Scheduling Order. Document filed by United States Department of the Interior. (Attachments: # 1 Text of Proposed Order)(Lively, Lauren) (Entered: 04/30/2018)
2018-05-0113MEMO ENDORSEMENT on re: 12 Letter, filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. In light of the parties' stipulation, the initial pre-trial conference scheduled for May 3, 2018 is cancelled. (Signed by Judge Vernon S. Broderick on 5/1/2018) (cf) (Entered: 05/01/2018)
2018-05-0114JOINT STIPULATION AND ORDER: IT IS HEREBY STIPULATED AND AGREED, by and between plaintiffs Julie Turkewitz the New York Times Company and defendant DOI, subject to endorsement by the Court, that: DOI may tie the production schedule in this case to that of the production schedule in Southern Utah Wilderness Alliance v. U.S. Department of the Interior, which concerns FOIA requests seeking, among other documents, the same or similar DOI documents sought by plaintiffs such that DOI will process and produce records at the rate specified in that litigation (whether the rate currently specified by the court or subsequent modifications to that rate), while prioritizing the production of records responsive to plaintiffs' request as described herein (as further set forth in this Order.) (Signed by Judge Vernon S. Broderick on 5/1/2018) (cf) (Entered: 05/01/2018)
2018-09-2115LETTER addressed to Judge Vernon S. Broderick from Lauren Almquist Lively dated September 21, 2018 re: Status Update. Document filed by United States Department of the Interior.(Lively, Lauren) (Entered: 09/21/2018)
2018-09-2416MEMO ENDORSEMENT on re: 15 Letter filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/24/2018) (rro) (Entered: 09/24/2018)
2018-09-2717NOTICE OF APPEARANCE by Talia Kraemer on behalf of United States Department of the Interior. (Kraemer, Talia) (Entered: 09/27/2018)
2018-10-2218LETTER addressed to Judge Vernon S. Broderick from Talia Kraemer dated Oct. 22, 2018 re: Status Update. Document filed by United States Department of the Interior.(Kraemer, Talia) (Entered: 10/22/2018)
2018-10-2419MEMO ENDORSEMENT on re: 18 Letter filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 10/24/2018) (mro) (Entered: 10/24/2018)
2018-12-2120LETTER addressed to Judge Vernon S. Broderick from Talia Kraemer dated December 21, 2018 re: Status Update. Document filed by United States Department of the Interior.(Kraemer, Talia) (Entered: 12/21/2018)
2018-12-2721MEMO ENDORSEMENT on re: 20 Letter filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/27/2018) (jca) (Entered: 12/27/2018)
2018-12-2722STANDING ORDER M10-468: The United States Attorney's Office shall notify the Court immediately upon the restoration of Department of Justice funding. (As further set forth in this Order.) (Signed by Judge Colleen McMahon on 12/27/18) (yv) (Entered: 01/02/2019)
2018-12-27Case Stayed (yv) (Entered: 01/15/2019)
2019-03-2623STATUS REPORT. Document filed by United States Department of the Interior.(Kraemer, Talia) (Entered: 03/26/2019)
2019-03-2724MEMO ENDORSEMENT on re: 23 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/27/2019) (ks) (Entered: 03/27/2019)
2019-05-2825STATUS REPORT. Document filed by United States Department of the Interior.(Kraemer, Talia) (Entered: 05/28/2019)
2019-05-2926MEMO ENDORSEMENT on re: 25 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. In the parties' July 29, 2019 status letter, the Department of the Interior is directed to provide an updated estimate of the approximate number of remaining records that are potentially responsive to Plaintiffs' FOIA request. (Signed by Judge Vernon S. Broderick on 5/29/2019) (rro) (Entered: 05/29/2019)
2019-07-2927STATUS REPORT. Document filed by The New York Times Company, Julie Turkewitz.(Crain, Charles) (Entered: 07/29/2019)
2019-07-3028MEMO ENDORSEMENT on re: 27 Status Report filed by The New York Times Company, Julie Turkewitz. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/30/2019) (rro) (Entered: 07/30/2019)
2019-09-2729STATUS REPORT. Document filed by The New York Times Company, Julie Turkewitz.(Crain, Charles) (Entered: 09/27/2019)
2019-10-0130MEMO ENDORSEMENT on re: 29 Status Report filed by The New York Times Company, Julie Turkewitz. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/1/2019) (rro) (Entered: 10/01/2019)
2019-11-2231STATUS REPORT. Document filed by United States Department of the Interior.(Kraemer, Talia) (Entered: 11/22/2019)
2019-11-2532MEMO ENDORSEMENT on re: 31 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/25/2019) (rro) (Entered: 11/25/2019)
2020-01-2133STATUS REPORT. Document filed by United States Department of the Interior.(Kraemer, Talia) (Entered: 01/21/2020)
2020-01-2234MEMO ENDORSEMENT on re: 33 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/22/2020) (ks) (Entered: 01/22/2020)
2020-03-2335STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 03/23/2020)
2020-03-2736MEMO ENDORSEMENT on re: 35 STATUS REPORT. Document filed by United States Department of the Interior. ENDORSEMENT: Application granted. So ordered. (Signed by Judge Vernon S. Broderick on 3/27/2020) (rjm) (Entered: 03/30/2020)
2020-05-2237STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 05/22/2020)
2020-05-2638MEMO ENDORSEMENT on re: 37 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/26/2020) (jca) (Entered: 05/26/2020)
2020-07-0939NOTICE OF APPEARANCE by Tomoko Onozawa on behalf of United States Department of the Interior..(Onozawa, Tomoko) (Entered: 07/09/2020)
2020-07-2140STATUS REPORT. Document filed by United States Department of the Interior..(Onozawa, Tomoko) (Entered: 07/21/2020)
2020-08-1041MEMO ENDORSEMENT on re: 40 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/10/2020) (kv) (Entered: 08/10/2020)
2020-09-1842STATUS REPORT. Document filed by United States Department of the Interior..(Onozawa, Tomoko) (Entered: 09/18/2020)
2020-09-2343MEMO ENDORSEMENT on re: 42 Status Report filed by United States Department of the Interior. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/23/2020) (ks) (Entered: 09/23/2020)
2020-10-0544LETTER addressed to Judge Vernon S. Broderick from AUSA Tomoko Onozawa dated 10/5/2020 re: supplement to September 18, 2020 DOI status letter. Document filed by United States Department of the Interior..(Onozawa, Tomoko) (Entered: 10/05/2020)
2020-11-1745STATUS REPORT. Document filed by United States Department of the Interior..(Onozawa, Tomoko) (Entered: 11/17/2020)
2020-11-1846MEMO ENDORSEMENT on re: 45 Status Report filed by United States Department of the Interior. ENDORSEMENT : Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 11/18/20) (yv) (Entered: 11/18/2020)
2021-01-1547STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 01/15/2021)
2021-01-1848MEMO ENDORSEMENT on re: 47 Status Report filed by United States Department of the Interior. ENDORSEMENT: Application granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/18/2021) (mml) (Entered: 01/19/2021)
2021-03-1649STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 03/16/2021)
2021-03-1750MEMO ENDORSEMENT on re: 49 Status Report filed by United States Department of the Interior. ENDORSEMENT: Application Granted. So Ordered. Defendant U.S. Department of Interior is directed to inform the Court by May 17, 2021 how many pages of documents still need to be processed. So Ordered. (Signed by Judge Vernon S. Broderick on 3/17/2021) (js) (Entered: 03/18/2021)
2021-05-1651STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 05/16/2021)
2021-05-1752MEMO ENDORSEMENT: on re: 51 Status Report filed by United States Department of the Interior. ENDORSEMENT: Application Granted. Defendant U.S. Department of the Interior is directed to provide an estimate to the Court by July 15, 2021, of when production will be complete. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/17/2021) (ama) (Entered: 05/18/2021)
2021-06-2853NOTICE OF APPEARANCE by Stephen Stich on behalf of The New York Times Company, Julie Turkewitz..(Stich, Stephen) (Entered: 06/28/2021)
2021-07-1554STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 07/15/2021)
2021-07-1655MEMO ENDORSEMENT: on re: 54 Status Report filed by United States Department of the Interior. ENDORSEMENT: Application Granted. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/16/2021) (ama) (Entered: 07/18/2021)
2021-08-1656STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 08/16/2021)
2021-08-1757MEMO ENDORSEMENT on re: 56 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 8/17/2021) (kv) (Entered: 08/17/2021)
2021-10-1458STATUS REPORT. Document filed by United States Department of the Interior..(Kraemer, Talia) (Entered: 10/14/2021)
2021-10-1559MEMO ENDORSEMENT on re: 58 Status Report filed by United States Department of the Interior. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/15/2021) (tg) Modified on 10/18/2021 (tg). (Entered: 10/15/2021)
2021-12-1360STATUS REPORT. Document filed by The New York Times Company, Julie Turkewitz..(Stich, Stephen) (Entered: 12/13/2021)
2021-12-1461MEMO ENDORSEMENT on re: 60 Status Report filed by The New York Times Company, Julie Turkewitz. APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/14/2021) (kv) (Entered: 12/14/2021)
2021-12-1762NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of United States Department of the Interior..(Sun, Anthony) (Entered: 12/17/2021)
2022-01-1363PROPOSED STIPULATION AND ORDER. Document filed by United States Department of the Interior..(Sun, Anthony) (Entered: 01/13/2022)
2022-01-1464STIPULATION AND ORDER OF SETTLEMENT AND DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. Plaintiffs hereby release and discharge DOI and the United States of America, including its agencies, departments, officers, employees, servants, and agents, from any and all claims and causes of action that Plaintiffs asserted, or could have asserted, in this litigation arising out of the FOIA request. The DOI shall pay to Plaintiffs the sum of ONE THOUSAND TWO HUNDRED SIXTY-SIX DOLLARS AND FIVE CENTS ($1,266.05) in attorneys fees and litigation costs, pursuant to 5 U.S.C. § 552(a)(4)(E), which sum Plaintiffs agree to accept as full payment of any attorneys' fees and costs Plaintiffs have incurred or will incur in this action for services performed up to the date of this Stipulation and Order. This action is hereby dismissed with prejudice and without costs or fees other than as provided in paragraph 2 of this Stipulation and Order, provided that the Court shall retain jurisdiction over any issues that may arise relating to this Stipulation and Order. Nothing in this Stipulation and Order shall constitute an admission that the DOI or the United States are liable for any attorneys' fees or litigation costs, or that Plaintiffs "substantially prevailed" in this action under 5 U.S.C. § 552(a)(4)(E), or are entitled to or eligible for any attorneys' fees or litigation costs. This Stipulation and Order is entered into by the parties solely for the purpose of compromising disputed claims in this case and avoiding the expenses and risks of further litigation concerning Plaintiffs' claims, including claims for attorneys' fees and litigation costs. This Stipulation and Order is non precedential with respect to any other proceeding involving the parties, including, but not limited to, any other FOIA action or administrative proceeding, and shall have no effect or bearing on any pending or future request for records made by Plaintiffs under FOIA. The parties understand and agree that this Stipulation and Order contains the entire agreement between them, and that no statements, representations, promises, agreements, or negotiations, oral or otherwise, between the parties or their counsel that are not included herein shall be of any force or effect. The parties understand and agree that this Stipulation may be signed in counterparts, each of which constitutes an original and all of which constitute one and the same Stipulation. Facsimiles and/or PDFs of signatures shall have the same force and effect as original signatures and constitute acceptable, binding signatures for purposes of the Stipulation. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/14/2022) (kv) Transmission to Finance Unit (Cashiers) for processing. (Entered: 01/14/2022)
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