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Case TitleThe New York Times Company v. United States Department of Energy
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv04761
Date Filed2022-06-07
Date Closed2022-07-26
JudgeJudge Mary Kay Vyskocil
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted a FOIA request to the Department of Energy for records concerning the fuel costs paid for waste coal by four named power plants, a cost element that affects investment owned by Sen. Joe Manion (D-WV). The Times also requested expedited processing. The agency acknowledged receipt of the request and denied the Times' request for expedited processing. After hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Department of Energy
DefendantUnited States Department of Energy
TERMINATED: 07/26/2022
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-06-071COMPLAINT against United States Department of Energy. (Filing Fee $ 402.00, Receipt Number ANYSDC-26249892)Document filed by The New York Times Company..(McCraw, David) (Entered: 06/07/2022)
2022-06-072NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 06/07/2022)
2022-06-073CIVIL COVER SHEET filed..(McCraw, David) (Entered: 06/07/2022)
2022-06-074REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Energy, re: 1 Complaint. Document filed by The New York Times Company..(McCraw, David) (Entered: 06/07/2022)
2022-06-075RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 06/07/2022)
2022-06-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Mary Kay Vyskocil. 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 . .(pc) (Entered: 06/08/2022)
2022-06-08Magistrate 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 . (pc) (Entered: 06/08/2022)
2022-06-08Case Designated ECF. (pc) (Entered: 06/08/2022)
2022-06-086ELECTRONIC SUMMONS ISSUED as to United States Department of Energy..(pc) (Entered: 06/08/2022)
2022-07-117NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of United States Department of Energy..(Teleanu, Natasha) (Entered: 07/11/2022)
2022-07-118ANSWER to 1 Complaint. Document filed by United States Department of Energy..(Teleanu, Natasha) (Entered: 07/11/2022)
2022-07-129NOTICE OF INITIAL PRETRIAL CONFERENCE: Initial Conference set for 8/24/2022 at 11:00 AM in Courtroom 18C, 500 Pearl Street, New York, NY 10007 before Judge Mary Kay Vyskocil. (Signed by Judge Mary Kay Vyskocil on 7/12/2022) (tg) (Entered: 07/12/2022)
2022-07-2510JOINT LETTER MOTION to Adjourn Conference sine die in light of stipulation of settlement addressed to Judge Mary Kay Vyskocil from Natasha W. Teleanu dated July 25, 2022. Document filed by United States Department of Energy. (Attachments: # 1 Text of Proposed Order Stipulation and Proposed Order of Dismissal).(Teleanu, Natasha) (Entered: 07/25/2022)
2022-07-2511PROPOSED STIPULATION AND ORDER. Document filed by United States Department of Energy..(Teleanu, Natasha) (Entered: 07/25/2022)
2022-07-2612STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. DOE's June 30 correspondence resolves any and all claims that The Times now has or may hereinafter acquire against DOE or the United States of America ("United States"), or any department, agency, officer, or employee of DOE and/or the United States, related to or arising out of the FOIA request. 2.The claims brought by The Times are hereby dismissed with prejudice pursuant to Federal Rule 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 DOE through other FOIA requests. SO ORDERED. (Signed by Judge Mary Kay Vyskocil on 7/26/2022) United States Department of Energy terminated. (ks) (Entered: 07/26/2022)
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