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Case TitleThe New York Times Company et al v. Environmental Protection Agency
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv00776
Date Filed2019-01-25
Date Closed2019-06-10
JudgeJudge Colleen McMahon
PlaintiffThe New York Times Company
PlaintiffDanny Hakim
Case DescriptionNew York Times reporter Danny Hakim submitted a FOIA request to the EPA for records concerning emails and attachments sent to or from agency employees to five pesticide manufacturers; email domains. The agency acknowledged receipt of the request. The agency told Hakim that it could not search based on his description unless he provided some keywords. Hakim did so, but the agency told him once again that the description was still too vague to search. Hakim narrowed his search to the Registration and Health Effects Division. The agency once again asked Hakim to narrow his request. Hakim narrowed his request to emails to or from Monsanto or BASF pertaining to Dicambia. The EPA agreed this revision allowed it to search for records and that it would process Hakim's request. However, after hearing nothing further from the agency, Hakim and the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantEnvironmental Protection Agency
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-01-251COMPLAINT against Environmental Protection Agency. (Filing Fee $ 400.00, Receipt Number ANYSDC-16246734)Document filed by The New York Times Company, Danny Hakim.(McCraw, David) (Entered: 01/25/2019)
2019-01-252CIVIL COVER SHEET filed. (McCraw, David) (Entered: 01/25/2019)
2019-01-253RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Other Affiliate Blackrock, Inc. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 01/25/2019)
2019-01-254REQUEST FOR ISSUANCE OF SUMMONS as to Environmental Protection Agency, re: 1 Complaint. Document filed by Danny Hakim, The New York Times Company. (McCraw, David) (Entered: 01/25/2019)
2019-01-28CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Colleen McMahon. 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 . (pne) (Entered: 01/28/2019)
2019-01-28Magistrate Judge Debra C. Freeman 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 . (pne) (Entered: 01/28/2019)
2019-01-28Case Designated ECF. (pne) (Entered: 01/28/2019)
2019-01-285ELECTRONIC SUMMONS ISSUED as to Environmental Protection Agency. (pne) (Entered: 01/28/2019)
2019-02-056ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: This action having been assigned to me for all purposes, it is hereby, ORDERED as follows: Counsel receiving this order shall contact all counsel of record ( or where a party is not yet represented, such party) and, if necessary, provide them with a copy of this order. If a conforming case management plan is submitted at least two business days prior to the scheduled initial conference and subsequently approved by the Court, the initial conference will be canceled automatically. If a motion has been filed either before or after the case management plan is approved, and the parties desire a conference, a letter must be submitted to the Court via fax specifically asking that the initial conference not be canceled. If the parties fail to agree upon such a plan or fail to submit the plan to the Court within the time provided (at least two business days before the conference date), the parties must appear for a conference on 4/26/2019 in courtroom 24A, 500 Pearl Street, New York, New York 10007 at 9:45 a.m. And a set forth herein. Initial Conference set for 4/26/2019 at 09:45 AM in Courtroom 24A, 500 Pearl Street, New York, NY 10007 before Judge Colleen McMahon. (Signed by Judge Colleen McMahon on 2/05/2019) (ama) (Entered: 02/05/2019)
2019-03-017ANSWER to 1 Complaint. Document filed by Environmental Protection Agency.(Chaudhury, Arastu) (Entered: 03/01/2019)
2019-03-298JOINT LETTER addressed to Judge Colleen McMahon from David E. McCraw dated March 29, 2019 re: Initial Pretrial Conference. Document filed by Danny Hakim, The New York Times Company.(McCraw, David) (Entered: 03/29/2019)
2019-04-019MEMO ENDORSEMENT on re: 8 Letter filed by The New York Times Company, Danny Hakim. ENDORSEMENT: OK. (Signed by Judge Colleen McMahon on 4/1/2019) (mml) (Entered: 04/01/2019)
2019-05-2210LETTER MOTION for Extension of Time to complete production of responsive records addressed to Judge Colleen McMahon from Arastu K. Chaudhury dated May 22, 2019. Document filed by Environmental Protection Agency.(Chaudhury, Arastu) (Entered: 05/22/2019)
2019-05-2311ORDER granting 10 Letter Motion for Extension of Time. Extension Granted. (Signed by Judge Colleen McMahon on 5/23/2019) (mml) (Entered: 05/23/2019)
2019-06-0412JOINT LETTER addressed to Judge Colleen McMahon from David E. McCraw dated June 4, 2019 re: Status Update. Document filed by Danny Hakim, The New York Times Company.(McCraw, David) (Entered: 06/04/2019)
2019-06-0513PROPOSED STIPULATION AND ORDER. Document filed by Environmental Protection Agency. (Chaudhury, Arastu) (Entered: 06/05/2019)
2019-06-1014STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. EPA's April 15 and May 22 productions resolve any and all claims that Plaintiffs now have or may hereinafter acquire against EPA or the United States of America (the "United States"), or any department, agency, officer, or employee of EPA and/or the United States, related to or arising out of the FOIA Request. 2. This action is hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. (Signed by Judge Colleen McMahon on 6/10/2019) (mml) (Entered: 06/10/2019)
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