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Case TitleThe New York Times Company v. United States Department of State
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv00791
Date Filed2022-01-31
Date ClosedOpen
JudgeJudge J. Paul Oetken
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted two FOIA requests to the Department of State for records concerning correspondence sent or received between August 1, 2015 and December 14, 2019 by a specific list of U.S. Embassy Officials in the U.S. Embassy in Romania that mentioned any of a specific list of keywords. The agency acknowledged receipt of the request. The New York Times submitted a second request expanding the time frame of the request. The agency acknowledged receipt of that request as well. After hearing nothing further from the agency, the New York Times Company filed suit.
Complaint issues: Adequacy - Search, Failure to respond within statutory time limit, Litigation - Attorney's fees

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

2022-01-311COMPLAINT against United States Department of State. (Filing Fee $ 402.00, Receipt Number ANYSDC-25656868)Document filed by The New York Times Company..(McCraw, David) (Entered: 01/31/2022)
2022-01-312CIVIL COVER SHEET filed..(McCraw, David) (Entered: 01/31/2022)
2022-01-313REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of State, re: 1 Complaint. Document filed by The New York Times Company..(McCraw, David) (Entered: 01/31/2022)
2022-01-314RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 01/31/2022)
2022-02-01CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge J. Paul Oetken. 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 . .(sj) (Entered: 02/01/2022)
2022-02-01Magistrate Judge Stewart D. Aaron 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 . (sj) (Entered: 02/01/2022)
2022-02-01Case Designated ECF. (sj) (Entered: 02/01/2022)
2022-02-015ELECTRONIC SUMMONS ISSUED as to United States Department of State. (sj) (Entered: 02/01/2022)
2022-02-236NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 02/23/2022)
2022-03-017ANSWER to 1 Complaint. Document filed by United States Department of State..(Cha-Kim, Stephen) (Entered: 03/01/2022)
2022-03-078ORDER: Counsel for all parties are directed to appear telephonically for an initial pretrial conference with the Court on March 17, 2022 at 11:00 a.m. Counsel should call (888) 557-8511 at the scheduled time. The access code is 9300838. Counsel who appear at the pretrial conference must be authorized to negotiate terms of settlement. Media and the public may join but are instructed to place their phones on mute. So Ordered. Initial Conference set for 3/17/2022 at 11:00 AM before Judge J. Paul Oetken. (Signed by Judge J. Paul Oetken on 3/7/2022) (js) (Entered: 03/07/2022)
2022-03-119LETTER MOTION to Adjourn Conference addressed to Judge J. Paul Oetken from David McCraw dated March 11, 2022. Document filed by The New York Times Company..(McCraw, David) (Entered: 03/11/2022)
2022-03-1510ORDER granting 9 Letter Motion to Adjourn Conference: GRANTED. THE INITIAL CONFERENCE SCHEDULED FOR MARCH 17, 2022, IS ADJOURNED. THE PARTIES SHALL FILE A JOINT STATUS REPORT ON OR BEFORE MARCH 25, 2022, WITH AN AGREED-UPON PROCESSING SCHEDULE. (HEREBY ORDERED by Judge J. Paul Oetken)(Text Only Order) (Oetken, J.) (Entered: 03/15/2022)
2022-03-2511JOINT LETTER addressed to Judge J. Paul Oetken from David McCraw dated March 25, 2022 re: joint status update. Document filed by The New York Times Company..(McCraw, David) (Entered: 03/25/2022)
2022-03-2512ORDER: THE PARTIES SHALL FILE A FURTHER STATUS REPORT ON OR BEFORE APRIL 29, 2022. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) (Entered: 03/25/2022)
2022-04-2813STATUS REPORT. Document filed by The New York Times Company..(McCraw, David) (Entered: 04/28/2022)
2022-05-1314JOINT LETTER addressed to Judge J. Paul Oetken from David McCraw dated May 13, 2022 re: Competing Proposals for Processing Rate. Document filed by The New York Times Company..(McCraw, David) (Entered: 05/13/2022)
2022-07-0815ORDER: HAVING REVIEWED THE PARTIES' POSITIONS AS SET FORTH IN THEIR JOINT LETTER AT 14 , THE COURT DETERMINES AND ORDERS THAT THE DEPARTMENT OF STATE SHALL ENDEAVOR IN GOOD FAITH TO PROCESS 400 PAGES OF POTENTIALLY RESPONSIVE RECORDS PER MONTH. SO ORDERED. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (Oetken, J.) (Entered: 07/08/2022)
2022-08-0916MOTION for S.Y. Jessica Hui to Withdraw as Attorney . Document filed by The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 08/09/2022)
2022-08-1717ORDER granting 16 Motion to Withdraw as Attorney. The parties are directed to file a joint status letter update on or before December 16, 2022. Further, the letter motion at Docket Number 16 is granted. The Clerk of Court is directed to terminate S.Y. Jessica Hui from this case and to close the motion at Docket Number 16. Attorney Sum Yi Jessica Hui terminated. (Signed by Judge J. Paul Oetken on 8/17/2022) (ate) (Entered: 08/17/2022)
2022-12-1618STATUS REPORT. Document filed by United States Department of State..(Cha-Kim, Stephen) (Entered: 12/16/2022)
2022-12-1919MEMO ENDORSEMENT on re: 18 Status Report filed by United States Department of State. ENDORSEMENT: The parties shall file a joint status letter on or before March 15, 2023. So ordered. (Signed by Judge J. Paul Oetken on 12/19/2022) (vfr) (Entered: 12/19/2022)
2023-03-1520NOTICE OF APPEARANCE by Al-Amyn Shiraz Sumar on behalf of The New York Times Company..(Sumar, Al-Amyn) (Entered: 03/15/2023)
2023-03-1521LETTER addressed to Judge J. Paul Oetken from Al-Amyn Sumar dated March 15, 2023 re: Status Update. Document filed by The New York Times Company..(Sumar, Al-Amyn) (Entered: 03/15/2023)
2023-03-1722MEMO ENDORSEMENT on re: 21 Letter filed by The New York Times Company. ENDORSEMENT The parties shall file a joint status update informing the Court as to whether it is necessary to set a briefing schedule for summary judgment on or before June 30, 2023. So ordered. (Signed by Judge J. Paul Oetken on 3/17/2023) (jca) (Entered: 03/17/2023)
2023-05-0923NOTICE of Substitution of Attorney. Old Attorney: Stephen Seungkun Cha-Kim, New Attorney: Sarah S. Normand, Address: U.S. Attorney's Office, SDNY, 86 Chambers Street, 3 FL, New York, New York, 10007, (212) 637- 2709. Document filed by United States Department of State..(Normand, Sarah) (Entered: 05/09/2023)
2023-05-1824MEMO ENDORSEMENT on re: 23 Notice of Substitution of Attorney, filed by United States Department of State. ENDORSEMENT: The substitution of attorney is hereby approved and so ORDERED. Attorney Sarah Sheive Normand for United States Department of State added. Attorney Stephen Seungkun Cha-Kim terminated. (Signed by Judge J. Paul Oetken on 5/18/2023) (ate) (Entered: 05/18/2023)
2023-06-2925STATUS REPORT. Document filed by United States Department of State..(Normand, Sarah) (Entered: 06/29/2023)
2023-06-3026MEMO ENDORSEMENT on re: 25 Status Report filed by United States Department of State. ENDORSEMENT: The parties shall file a joint status update no later than August 30, 2023. So ordered. (Signed by Judge J. Paul Oetken on 6/30/2023) (ate) (Entered: 06/30/2023)
2023-08-3027STATUS REPORT. Document filed by The New York Times Company..(McCraw, David) (Entered: 08/30/2023)
2023-08-3128MEMO ENDORSEMENT on re: 27 Status Report filed by The New York Times Company. ENDORSEMENT: So ordered. (Signed by Judge J. Paul Oetken on 8/31/2023) (ate) (Entered: 08/31/2023)
2023-10-3029STATUS REPORT. Document filed by United States Department of State..(Normand, Sarah) (Entered: 10/30/2023)
2023-10-3130MEMO ENDORSEMENT on re: 29 Status Report filed by United States Department of State. ENDORSEMENT: The parties shall file a status letter on or before December 29, 2023. So ordered. (Signed by Judge J. Paul Oetken on 10/31/2023) (vfr) (Entered: 10/31/2023)
2023-12-2931STATUS REPORT. Document filed by United States Department of State..(Normand, Sarah) (Entered: 12/29/2023)
2024-01-0232MEMO ENDORSEMENT on re: 31 Status Report filed by United States Department of State. ENDORSEMENT: The parties shall file a status letter on or before January 29, 2024. So ordered. (Signed by Judge J. Paul Oetken on 1/2/2024) (vfr) (Entered: 01/02/2024)
2024-01-2933STATUS REPORT. Document filed by United States Department of State..(Normand, Sarah) (Entered: 01/29/2024)
2024-01-3034ORDER: The parties shall file a status letter on or before March 29, 2024. So ordered. (HEREBY ORDERED by Judge J. Paul Oetken) (Text Only Order) (sc) (Entered: 01/30/2024)
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