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Case TitleThe New York Times Company et al v. United States Department of Defense
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv10980
Date Filed2021-12-22
Date Closed2022-09-01
JudgeJudge Andrew L. Carter, Jr
PlaintiffThe New York Times Company
PlaintiffMark Mazzetti
PlaintiffCharlie Savage
Case DescriptionNew York Times reporters Mark Mazzetti and Charlie Savage submitted a FOIA request to the Department of Defense for contracts since 2016 for any purchase by the Defense Intelligence Agency of bulk domain name systems and/or internet data. The agency acknowledged receipt of the request and invoked a 10-day extension. After hearing nothing further from the agency, the New York Times Company filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Defense
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-12-221COMPLAINT against United States Department of Defense. (Filing Fee $ 402.00, Receipt Number ANYSDC-25502149)Document filed by The New York Times Company, Charlie Savage, Mark Mazzetti..(McCraw, David) (Entered: 12/22/2021)
2021-12-222CIVIL COVER SHEET filed..(McCraw, David) (Entered: 12/22/2021)
2021-12-223REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 12/22/2021)
2021-12-224RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 12/22/2021)
2021-12-27CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Andrew L. Carter, Jr. 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: 12/27/2021)
2021-12-27Magistrate Judge Ona T. Wang 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: 12/27/2021)
2021-12-27Case Designated ECF. (gp) (Entered: 12/27/2021)
2021-12-275ELECTRONIC SUMMONS ISSUED as to United States Department of Defense..(gp) (Entered: 12/27/2021)
2022-01-256LETTER MOTION for Extension of Time addressed to Judge Andrew L. Carter, Jr. from AUSA Christopher Connolly dated January 25, 2022. Document filed by United States Department of Defense..(Connolly, Christopher) (Entered: 01/25/2022)
2022-01-267ORDER granting 6 Letter Motion for Extension of Time. SO ORDERED. Amended Pleadings due by 2/22/2022. (Signed by Judge Andrew L. Carter, Jr on 1/26/2022) (ate) (Entered: 01/26/2022)
2022-02-018NOTICE OF APPEARANCE by Stephen Seungkun Cha-Kim on behalf of United States Department of Defense..(Cha-Kim, Stephen) (Entered: 02/01/2022)
2022-02-039FIRST AMENDED COMPLAINT amending 1 Complaint against United States Department of Defense.Document filed by The New York Times Company, Charlie Savage, Mark Mazzetti. Related document: 1 Complaint..(McCraw, David) (Entered: 02/03/2022)
2022-02-2210ANSWER to 9 Amended Complaint. Document filed by United States Department of Defense..(Cha-Kim, Stephen) (Entered: 02/22/2022)
2022-02-2311ORDER REFERRING CASE TO MAGISTRATE JUDGE. Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for General Pretrial (includes scheduling, discovery, non-dispositive pretrial motions, and settlement). Referred to Magistrate Judge Ona T. Wang. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 2/23/2022) (vfr) (Entered: 02/23/2022)
2022-02-2312NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of Mark Mazzetti, Charlie Savage, The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 02/23/2022)
2022-03-0113INITIAL CASE MANAGEMENT CONFERENCE ORDER: An Initial Pretrial Conference in accordance with Rule 16(b) of the Federal Rules of Civil Procedure will be held on Wednesday, April 27, 2022 at 10:00 a.m. in Courtroom 20D, 500 Pearl Street, New York, NY 10007. Initial Conference set for 4/27/2022 at 10:00 AM in Courtroom 20D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge Ona T. Wang. (Signed by Magistrate Judge Ona T. Wang on 3/1/2022) (rro) (Entered: 03/01/2022)
2022-04-2014LETTER MOTION to Adjourn Conference addressed to Magistrate Judge Ona T. Wang from David McCraw dated April 20, 2022. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 04/20/2022)
2022-04-2515ORDER granting 14 Letter Motion to Adjourn Conference. Application GRANTED. The April 27, 2022 conference is adjourned sine die. The parties are directed to file a joint status report on May 6, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang)(Text Only Order) (kds) (Entered: 04/25/2022)
2022-05-0616STATUS REPORT. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 05/06/2022)
2022-05-1117MEMO ENDORSEMENT on re: 16 Status Report filed by The New York Times Company, Charlie Savage, Mark Mazzetti. ENDORSEMENT: Application GRANTED. The parties are directed to file a status letter on May 22, 2022. (Signed by Magistrate Judge Ona T. Wang on 5/11/2022) (rro) (Entered: 05/11/2022)
2022-05-1918STATUS REPORT. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 05/19/2022)
2022-05-2019ORDER The parties are directed to submit a status report on Friday, June 3, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (kds) (Entered: 05/20/2022)
2022-06-0320STATUS REPORT. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 06/03/2022)
2022-06-0621ORDER The Court adopts the parties' proposed schedule in ECF 20. The parties are directed to submit a joint status letter on July 29, 2022. (HEREBY ORDERED by Magistrate Judge Ona T. Wang) (Text Only Order) (kds) (Entered: 06/06/2022)
2022-07-2822JOINT LETTER addressed to Magistrate Judge Ona T. Wang from David McCraw dated July 28, 2022 Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 07/28/2022)
2022-08-0223MEMO ENDORSEMENT on re: 22 Letter filed by The New York Times Company, Charlie Savage, Mark Mazzetti ENDORSEMENT: Application GRANTED. SO ORDERED (Signed by Magistrate Judge Ona T. Wang on 8/2/2022) (ks) (Entered: 08/02/2022)
2022-08-0924MOTION for S.Y. Jessica Hui to Withdraw as Attorney . Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 08/09/2022)
2022-08-2925JOINT LETTER addressed to Magistrate Judge Ona T. Wang from David McCraw dated August 29, 2022 re: Dismissal. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 08/29/2022)
2022-08-3026FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) All Parties and without costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Charlie Savage, Mark Mazzetti. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McCraw, David) Modified on 8/31/2022 (tp). (Entered: 08/30/2022)
2022-08-31***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David McCraw to RE-FILE Document 26 Stipulation of Voluntary Dismissal. Use the event type Proposed Stipulation and Order found under the event list Proposed Orders. (tp) (Entered: 08/31/2022)
2022-08-3127PROPOSED STIPULATION AND ORDER. Document filed by Mark Mazzetti, Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 08/31/2022)
2022-09-0128STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED, by and between the parties, as follows: 1. DOD's production and final determination resolve any and all claims that The Times now has or may hereinafter acquire against DOD or the United States of America ("United States"), or any department, agency, officer, or employee of DOD and/or the United States, related to or arising out of the two FOIA requests. 2. The claims brought by The Times are hereby dismissed with prejudice pursuant to the Federal Rules of Civil Procedure 41(a)(1)(A)(ii), with each party to bear its own fees and costs. 3. 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 have any force or effect. 4. Nothing in this Stipulation and Order affects, or shall be construed to affect, the rights of The Times to pursue further release of information or documents from DOD through other FOIA requests. SO ORDERED. (Signed by Judge Andrew L. Carter, Jr on 9/1/2022) (ate) (Entered: 09/01/2022)
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