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Case TitleThe New York Times Company et al v. Executive Office for United States Attorneys
DistrictSouthern District of New York
CityFoley Square
Case Number1:2022cv03609
Date Filed2022-05-04
Date Closed2022-08-09
JudgeJudge Jesse M. Furman
PlaintiffThe New York Times Company
PlaintiffAdam Goldman
Case DescriptionThe New York Times submitted a FOIA request to the Executive Office of U.S. Attorneys for records concerning the May 5, 2020 interview of Edward William Priestap by the U.S. Attorney for the Eastern District of Missouri. The New York Times also requested expedited processing. The agency acknowledged receipt of the request and denied the Times' request for expedited processing. The agency denied the request on the basis that the interview was protected by a judicial order. The New York Times filed an administrative appeal, arguing that the judicial order did not apply to the interview. 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

DefendantExecutive Office for United States Attorneys
Documents
Docket
Complaint
Opinion/Order [7]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-05-041COMPLAINT against Executive Office for United States Attorneys. (Filing Fee $ 402.00, Receipt Number ANYSDC-26101065)Document filed by The New York Times Company, Adam Goldman..(McCraw, David) (Entered: 05/04/2022)
2022-05-042NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of Adam Goldman, The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 05/04/2022)
2022-05-043CIVIL COVER SHEET filed..(McCraw, David) (Entered: 05/04/2022)
2022-05-044REQUEST FOR ISSUANCE OF SUMMONS as to Executive Office for United States Attorneys, re: 1 Complaint. Document filed by Adam Goldman, The New York Times Company..(McCraw, David) (Entered: 05/04/2022)
2022-05-045RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 05/04/2022)
2022-05-05CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jesse M. Furman. 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: 05/05/2022)
2022-05-05Magistrate Judge Valerie Figueredo 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: 05/05/2022)
2022-05-05Case Designated ECF. (sj) (Entered: 05/05/2022)
2022-05-056ELECTRONIC SUMMONS ISSUED as to Executive Office for United States Attorneys. (sj) (Entered: 05/05/2022)
2022-05-067ORDER: This case arises under the Freedom of Information Act, Title 5, United States Code, Section 552. The parties are hereby ORDERED to submit a joint letter, no later than two weeks from the date of this order and not to exceed two pages, indicating whether there is any need for discovery or an initial conference in this case. If there is no such need, the parties should include in their letter a proposed briefing schedule for any motions, including motions for summary judgment. If Defendant has not yet entered a notice of appearance, Plaintiff shall promptly serve a copy of this Order on Defendant and file proof of such service. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/5/2022) (va) (Entered: 05/06/2022)
2022-05-068CERTIFICATE OF SERVICE of Court's May 5 Order served on Executive Office for United States Attorneys on May 6, 2022. Service was accepted by Jeffrey Oestericher. Service was made by EMAIL. Document filed by Adam Goldman, The New York Times Company..(McCraw, David) (Entered: 05/06/2022)
2022-05-169NOTICE OF APPEARANCE by Christopher Kendrick Connolly on behalf of Executive Office for United States Attorneys..(Connolly, Christopher) (Entered: 05/16/2022)
2022-05-1810JOINT LETTER addressed to Judge Jesse M. Furman from AUSA Christopher Connolly dated May 18, 2022 re: parties' joint response to the Court's May 5, 2022, order. Document filed by Executive Office for United States Attorneys..(Connolly, Christopher) (Entered: 05/18/2022)
2022-05-1911MEMO ENDORSEMENT on re: 10 Letter, filed by Executive Office for United States Attorneys. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Jesse M. Furman on 5/19/2022) (tg) (Entered: 05/19/2022)
2022-06-0612ANSWER to 1 Complaint. Document filed by Executive Office for United States Attorneys..(Connolly, Christopher) (Entered: 06/06/2022)
2022-06-1713STATUS REPORT. Document filed by Executive Office for United States Attorneys..(Connolly, Christopher) (Entered: 06/17/2022)
2022-06-2114MEMO ENDORSEMENT on re: 13 Status Report filed by Executive Office for United States Attorneys. ENDORSEMENT: Application GRANTED. SO ORDERED. (Signed by Judge Jesse M. Furman on 6/21/2022) (jca) (Entered: 06/21/2022)
2022-08-0915JOINT LETTER addressed to Judge Jesse M. Furman from David McCraw dated August 9, 2022 Document filed by Adam Goldman, The New York Times Company..(McCraw, David) (Entered: 08/09/2022)
2022-08-0916PROPOSED STIPULATION AND ORDER. Document filed by Adam Goldman, The New York Times Company..(McCraw, David) (Entered: 08/09/2022)
2022-08-0917STIPULATION AND ORDER OF DISMISSAL: It is hereby stipulated, by and between the parties, as follows: EOUSA's production resolves any and all claims that The Times now has or may hereinafter acquire against EOUSA or the United States of America ("United States"), or any department, agency, officer, or employee of EOUSA and/or the United States, related to or arising out of this FOIA request. 2. The claims brought by The Times are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(l)(A)(ii), with each party to bear its own fees and costs. Any pending motions are moot. All conferences are vacated. The Clerk of Court is directed to close the case. SO ORDERED. (Signed by Judge Jesse M. Furman on 8/9/22) (yv) (Entered: 08/09/2022)
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