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Case TitleSAVAGE et al v. UNITED STATES DEPARTMENT OF JUSTICE
DistrictDistrict of Columbia
CityWashington, DC
Case Number1:2022cv02477
Date Filed2022-08-19
Date ClosedOpen
JudgeChief Judge James E. Boasberg
PlaintiffCHARLIE SAVAGE
PlaintiffSCOTT SHANE
PlaintiffNEW YORK TIMES COMPANY
Case DescriptionNew York Times reporters Charlie Savage and Scott Shane submitted a FOIA request to the Department of Justice for records concerning John Durham's investigation of CIA rendition program. The agency acknowledged receipt of the request but after hearing nothing further from the agency, Savage and Shane filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUNITED STATES DEPARTMENT OF JUSTICE
Documents
Docket
Complaint
Complaint attachment 1
Complaint attachment 2
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2022-08-191COMPLAINT against UNITED STATES DEPARTMENT OF JUSTICE ( Filing fee $ 402 receipt number ADCDC-9454162) filed by THE NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons)(McCraw, David) (Attachment 1 replaced on 9/8/2022) (zmrl). (Entered: 08/19/2022)
2022-08-192LCvR 26.1 CERTIFICATE OF DISCLOSURE of Corporate Affiliations and Financial Interests by THE NEW YORK TIMES COMPANY (McCraw, David) (Entered: 08/19/2022)
2022-08-23NOTICE OF ERROR re 1 Complaint; emailed to mccraw@nytimes.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Noncompliance with LCvR 5.1(c). Please file an errata correcting the initiating pleading to include the name & full residence address of each party using the event Errata., 2. No signature. Please file the signed document using the event Errata. All filings must have an original signature or '/s/ Attorney Name' to represent an electronic signature of the filer., 3. COMPLIANCE DEADLINE is by close of business today. This case will not proceed any further until all errors are satisfied. (zmrl, ) (Entered: 08/23/2022)
2022-08-233ERRATA by CHARLIE SAVAGE, SCOTT SHANE, THE NEW YORK TIMES COMPANY re 1 Complaint,. (McCraw, David) (Entered: 08/23/2022)
2022-08-24Case Assigned to Judge Randolph D. Moss. (zmrl) (Entered: 08/24/2022)
2022-08-24NOTICE OF ERROR re 1 Complaint; emailed to mccraw@nytimes.com, cc'd 0 associated attorneys -- The PDF file you docketed contained errors: 1. Missing summonses-government. When naming a government agent or agency as a defendant, you must supply a summons for each defendant & two additional summonses for the U.S. Attorney & U.S. Attorney General. Please submit using the event Request for Summons to Issue. (zmrl, ) (Entered: 08/24/2022)
2022-08-244SUMMONS (1) Issued Electronically as to UNITED STATES DEPARTMENT OF JUSTICE. (Attachment: # 1 Notice and Consent)(zmrl) (Entered: 08/24/2022)
2022-08-255REQUEST FOR SUMMONS TO ISSUE filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Summons)(McCraw, David) (Entered: 08/25/2022)
2022-08-266SUMMONS (2) Issued Electronically as to U.S. Attorney and U.S. Attorney General (Attachment: # 1 Notice and Consent)(zjm) (Entered: 08/26/2022)
2022-08-267STANDING ORDER: The parties are hereby ORDERED to comply with the directives set forth in the attached Standing Order. See document for details. Signed by Judge Randolph D. Moss on 08/26/2022. (lcrdm3) (Entered: 08/26/2022)
2022-08-308Case randomly reassigned to Judge James E. Boasberg. Judge Randolph D. Moss is no longer assigned to the case. (rj) (Entered: 08/30/2022)
2022-09-289NOTICE of Appearance by Derek S. Hammond on behalf of All Defendants (Hammond, Derek) (Entered: 09/28/2022)
2022-09-2810ANSWER to Complaint by UNITED STATES DEPARTMENT OF JUSTICE.(Hammond, Derek) (Entered: 09/28/2022)
2022-09-28MINUTE ORDER: The Court ORDERS that the parties shall confer and submit a joint proposed briefing schedule by October 12, 2022. So ORDERED by Judge James E. Boasberg on 9/28/2022. (lcjeb2) (Entered: 09/28/2022)
2022-09-28Set/Reset Deadlines: Joint Proposed Briefing Schedule due by 10/12/2022. (nbn) (Entered: 09/29/2022)
2022-09-3011NOTICE of Appearance by David A. Schulz on behalf of SCOTT SHANE (Schulz, David) (Entered: 09/30/2022)
2022-10-0412NOTICE of Appearance by Al-Amyn Sumar on behalf of NEW YORK TIMES COMPANY, CHARLIE SAVAGE (Sumar, Al-Amyn) (Main Document 12 replaced on 10/11/2022) (ztth). (Entered: 10/04/2022)
2022-10-1213Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 10/12/2022)
2022-10-13MINUTE ORDER: The Court ADOPTS the parties' 13 Joint Status Report and ORDERS that they shall file a further joint status report by December 12, 2022. So ORDERED by Judge James E. Boasberg on 10/13/2022. (lcjeb2) (Entered: 10/13/2022)
2022-10-13Set/Reset Deadlines: Joint Status Report due by 12/12/2022. (nbn) (Entered: 10/13/2022)
2022-12-1214Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 12/12/2022)
2022-12-12MINUTE ORDER: The Court ADOPTS the parties' 14 Joint Status Report and ORDERS that they shall file a further joint status report by February 13, 2023. So ORDERED by Judge James E. Boasberg on 12/12/2022. (lcjeb2) (Entered: 12/12/2022)
2022-12-13Set/Reset Deadlines: Joint Status Report due by 2/13/2023. (nbn) (Entered: 12/13/2022)
2023-02-1315Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 02/13/2023)
2023-02-13MINUTE ORDER: The Court ADOPTS the parties' 15 Joint Status Report and ORDERS that they shall file a further joint status report by April 14, 2023. So ORDERED by Judge James E. Boasberg on 2/13/2023. (lcjeb2) (Entered: 02/13/2023)
2023-02-13Set/Reset Deadlines: Joint Status Report due by 4/14/2023. (nbn) (Entered: 02/14/2023)
2023-04-1416Joint STATUS REPORT by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (McCraw, David) (Entered: 04/14/2023)
2023-04-17MINUTE ORDER: The Court ADOPTS the parties' 16 Joint Status Report and ORDERS that they shall file a further joint status report by April 28, 2023. So ORDERED by Chief Judge James E. Boasberg on 4/17/2023. (lcjeb4) (Entered: 04/17/2023)
2023-04-17Set/Reset Deadlines: Joint Status Report due by 4/28/2023. (nbn) (Entered: 04/17/2023)
2023-04-17RESOLVED...NOTICE of Provisional/Government Not Certified Status re 16 Joint STATUS REPORT by NEW YORK TIMES COMPANY, CHARLIE SAVAGE. (McCraw, David). Your attorney renewal/government certification has not been received. As a result, your membership with the U.S. District & Bankruptcy Courts for the District of Columbia is not in good standing, and you are not permitted to file. Pursuant to Local Civil Rule 83.9, you must immediately correct your membership status by following the appropriate instructions on this page of our website: https://www.dcd.uscourts.gov/attorney-renewal. Please be advised that the presiding judge in this case has been notified that you are currently not in good standing to file in this court. Renewal Due by 4/24/2023. (zbaj) Modified on 4/21/2023 (zbaj). (Entered: 04/17/2023)
2023-05-0117Joint STATUS REPORT by UNITED STATES DEPARTMENT OF JUSTICE. (Hammond, Derek) (Entered: 05/01/2023)
2023-05-02MINUTE ORDER: The Court ADOPTS the parties' 17 Joint Status Report and ORDERS that: (1) Defendant shall file its Motion for Summary Judgment by June 30, 2023; (2) Plaintiffs shall file their Opposition and Cross-Motion for Summary Judgment by July 31, 2023; (3) Defendant shall file its Opposition and Reply by August 30, 2023; and (4) Plaintiffs shall file their Reply by September 29, 2023. So ORDERED by Chief Judge James E. Boasberg on 5/2/2023. (lcjeb4) (Entered: 05/02/2023)
2023-05-02Set/Reset Deadlines: Summary Judgment motions due by 6/30/2023. Response to Motion for Summary Judgment due by 7/31/2023. Cross Motions due by 7/31/2023. Reply to Motion for Summary Judgment due by 8/30/2023. Response to Cross Motions due by 8/30/2023. Reply to Cross Motions due by 9/29/2023. (nbn) (Entered: 05/02/2023)
2023-05-1118NOTICE OF SUBSTITUTION OF COUNSEL by B. Kathryn Debrason on behalf of UNITED STATES DEPARTMENT OF JUSTICE Substituting for attorney Derek S. Hammond (Debrason, B. Kathryn) (Entered: 05/11/2023)
2023-06-19Set/Reset Deadlines: Summary Judgment motions due by 7/31/2023. (nbn) (Entered: 07/07/2023)
2023-06-2919Consent MOTION for Extension of Time to file Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Debrason, B. Kathryn) (Entered: 06/29/2023)
2023-06-29MINUTE ORDER: The Court ORDERS that: 1) The Consent 19 Motion for Extension of Time is GRANTED; and 2) The Court ORDERS that Defendant shall file its motion for summary judgment by July 31, 2023. So ORDERED by Chief Judge James E. Boasberg on 6/19/2023. (lcjeb4) (Entered: 06/29/2023)
2023-07-2420MOTION for Extension of Time to file Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Debrason, B. Kathryn) (Entered: 07/24/2023)
2023-07-25MINUTE ORDER: The Court ORDERS that: 1) The Consent 20 Motion for Extension of Time is GRANTED; and 2) The Court ORDERS that Defendant shall file its motion for summary judgment by August 31, 2023. So ORDERED by Chief Judge James E. Boasberg on 7/25/2023. (lcjeb4) (Entered: 07/25/2023)
2023-07-25Set/Reset Deadlines: Summary Judgment motions due by 8/31/2023. (nbn) (Entered: 07/25/2023)
2023-08-3021Consent MOTION for Extension of Time to FILE MOTION FOR SUMMARY JUDGMENT by UNITED STATES DEPARTMENT OF JUSTICE. (Debrason, B.) (Entered: 08/30/2023)
2023-08-30MINUTE ORDER: The Court ORDERS that: 1) The Consent 21 Motion for Extension of Time is GRANTED; and 2) The Court ORDERS that Defendant shall file its motion for summary judgment by September 15, 2023. So ORDERED by Chief Judge James E. Boasberg on 8/30/2023. (lcjeb4) (Entered: 08/30/2023)
2023-08-31Set/Reset Deadlines: Summary Judgment motions due by 9/15/2023. (lsj) (Entered: 08/31/2023)
2023-09-1422MOTION for Extension of Time to file motion for summary judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Debrason, B.) (Entered: 09/14/2023)
2023-09-15MINUTE ORDER: The Court ORDERS that: 1) Defendant's 22 Motion for Extension of Time is GRANTED; and 2) Defendant shall file its motion for summary judgment by September 29, 2023. So ORDERED by Chief Judge James E. Boasberg on 9/15/2023. (lcjeb4) (Entered: 09/15/2023)
2023-09-15Set/Reset Deadlines: Summary Judgment motions due by 9/29/2023. (lsj) (Entered: 09/15/2023)
2023-09-2623Consent MOTION for Extension of Time to File Motion for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Truong, John) (Entered: 09/26/2023)
2023-09-27MINUTE ORDER: The Court ORDERS that: 1) The Consent 23 Motion for Extension of Time is GRANTED; and 2) Defendant shall file its motion for summary judgment by October 10, 2023. So ORDERED by Chief Judge James E. Boasberg on 9/27/2023. (lcjeb4) (Entered: 09/27/2023)
2023-09-27Set/Reset Deadlines: Summary Judgment motions due by 10/10/2023. (nbn) (Entered: 09/27/2023)
2023-10-1024NOTICE of Appearance by Alexander Schreiber on behalf of All Defendants (Schreiber, Alexander) (Entered: 10/10/2023)
2023-10-1025MOTION for Summary Judgment by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Memorandum in Support, # 3 Text of Proposed Order, # 4 Declaration)(Schreiber, Alexander) (Entered: 10/10/2023)
2023-10-2026MOTION for Briefing Schedule by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Sumar, Al-Amyn) (Entered: 10/20/2023)
2023-10-23MINUTE ORDER: The Court ORDERS that: (1) The Consent 26 Motion for Entry of Briefing Scheduled is GRANTED; (2) Plaintiffs shall file their Opposition and Cross-Motion for Summary Judgment by November 21, 2023; (3) Defendant shall file its Opposition and Reply by December 19, 2023; and (4) Plaintiffs shall file their Reply by January 16, 2024. So ORDERED by Chief Judge James E. Boasberg on 10/23/2023. (lcjeb4) (Entered: 10/23/2023)
2023-10-23Set/Reset Deadlines: Response to Motion for Summary Judgment due by 11/21/2023. Cross Motions due by 11/21/2023. Reply to Motion for Summary Judgment due by 12/19/2023. Response to Cross Motions due by 12/19/2023. Reply to Cross Motions due by 1/16/2024. (nbn) (Entered: 10/24/2023)
2023-11-2127STRICKEN PURSUANT TO THE MINUTE ORDER FILED ON 11/22/2023.....Memorandum in opposition to re 25 Motion for Summary Judgment filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Response to Defendants' Statement of Material Facts)(Sumar, Al-Amyn) Modified on 11/22/2023 (znbn). (Entered: 11/21/2023)
2023-11-2128STRICKEN PURSUANT TO THE MINUTE ORDER FILED ON 11/22/2023.....Cross MOTION for Summary Judgment by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Memorandum in Support of Plaintiffs' Cross-Motion for Summary Judgment, # 2 Proposed Order, # 3 Plaintiffs' Combined Statement of Material Facts, # 4 Decl. of Al-Amyn Sumar in Support, # 5 Ex. A to Sumar Decl., # 6 Ex. B to Sumar Decl., # 7 Ex. C to Sumar Decl., # 8 Ex. D to Sumar Decl., # 9 Ex. E to Sumar Decl., # 10 Ex. F to Sumar Decl., # 11 Ex. G to Sumar Decl., # 12 Ex. H to Sumar Decl., # 13 Ex. I to Sumar Decl., # 14 Ex. J to Sumar Decl., # 15 Ex. K to Sumar Decl., # 16 Ex. L to Sumar Decl., # 17 Ex. M to Sumar Decl., # 18 Ex. N to Sumar Decl., # 19 Ex. O to Sumar Decl., # 20 Ex. P to Sumar Decl., # 21 Ex. Q to Sumar Decl., # 22 Ex. R to Sumar Decl., # 23 Ex. S to Sumar Decl., # 24 Ex. T to Sumar Decl., # 25 Ex. U to Sumar Decl., # 26 Ex. V to Sumar Decl., # 27 Ex. W to Sumar Decl., # 28 Ex. X to Sumar Decl., # 29 Ex. Y to Sumar Decl., # 30 Ex. Z to Sumar Decl., # 31 Ex. AA to Sumar Decl., # 32 Ex. BB to Sumar Decl., # 33 Ex. CC to Sumar Decl., # 34 Ex. DD to Sumar Decl., # 35 Ex. EE to Sumar Decl., # 36 Ex. FF to Sumar Decl., # 37 Ex. GG to Sumar Decl., # 38 Ex. HH to Sumar Decl., # 39 Ex. II to Sumar Decl., # 40 Ex. JJ to Sumar Decl., # 41 Ex. KK to Sumar Decl., # 42 Ex. LL to Sumar Decl., # 43 Ex. MM to Sumar Decl., # 44 Ex. NN to Sumar Decl., # 45 Ex. OO to Sumar Decl.)(Sumar, Al-Amyn) Modified on 11/22/2023 (znbn). (Entered: 11/21/2023)
2023-11-22MINUTE ORDER: The Court ORDERS that Plaintiffs' 27 28 Motion and Opposition are STRICKEN as violating the Court's Local Rule on excessive footnotes. They may refile their briefs with no more than 10 footnotes containing no more than 50 aggregate lines of text. So ORDERED by Chief Judge James E. Boasberg on 11/22/2023. (lcjeb4) (Entered: 11/22/2023)
2023-11-2229Memorandum in opposition to re 25 Motion for Summary Judgment filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Response to Defendants' Statement of Material Facts)(Sumar, Al-Amyn) (Entered: 11/22/2023)
2023-11-2230Cross MOTION for Summary Judgment by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Memorandum in Support of Plaintiffs' Cross-Motion for Summary Judgment, # 2 Proposed Order, # 3 Plaintiffs' Combined Statement of Material Facts, # 4 Decl. of Al-Amyn Sumar in Support, # 5 Ex. A to Sumar Decl., # 6 Ex. B to Sumar Decl., # 7 Ex. C to Sumar Decl., # 8 Ex. D to Sumar Decl., # 9 Ex. E to Sumar Decl., # 10 Ex. F to Sumar Decl., # 11 Ex. G to Sumar Decl., # 12 Ex. H to Sumar Decl., # 13 Ex. I to Sumar Decl., # 14 Ex. J to Sumar Decl., # 15 Ex. K to Sumar Decl., # 16 Ex. L to Sumar Decl., # 17 Ex. M to Sumar Decl., # 18 Ex. N to Sumar Decl., # 19 Ex. O to Sumar Decl., # 20 Ex. P to Sumar Decl., # 21 Ex. Q to Sumar Decl., # 22 Ex. R to Sumar Decl., # 23 Ex. S to Sumar Decl., # 24 Ex. T to Sumar Decl., # 25 Ex. U to Sumar Decl., # 26 Ex. V to Sumar Decl., # 27 Ex. W to Sumar Decl., # 28 Ex. X to Sumar Decl., # 29 Ex. Y to Sumar Decl., # 30 Ex. Z to Sumar Decl., # 31 Ex. AA to Sumar Decl., # 32 Ex. BB to Sumar Decl., # 33 Ex. CC to Sumar Decl., # 34 Ex. DD to Sumar Decl., # 35 Ex. EE to Sumar Decl., # 36 Ex. FF to Sumar Decl., # 37 Ex. GG to Sumar Decl., # 38 Ex. HH to Sumar Decl., # 39 Ex. II to Sumar Decl., # 40 Ex. JJ to Sumar Decl., # 41 Ex. KK to Sumar Decl., # 42 Ex. LL to Sumar Decl., # 43 Ex. MM to Sumar Decl., # 44 Ex. NN to Sumar Decl., # 45 Ex. OO to Sumar Decl.)(Sumar, Al-Amyn) (Entered: 11/22/2023)
2023-12-1531Consent MOTION for Extension of Time to File Combined Reply And Opposition Memorandum by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Text of Proposed Order)(Schreiber, Alexander) (Entered: 12/15/2023)
2023-12-18MINUTE ORDER: The Court ORDERS that: 1) The Consent 31 Motion for Extension of Time is GRANTED; and 2) Defendant shall file its Opposition and Reply by January 9, 2024. So ORDERED by Chief Judge James E. Boasberg on 12/18/2023. (lcjeb4) (Entered: 12/18/2023)
2023-12-18Set/Reset Deadlines: Reply due by 1/9/2024. (znbn) (Entered: 12/18/2023)
2024-01-0932REPLY to opposition to motion re 25 MOTION for Summary Judgment filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Schreiber, Alexander) (Entered: 01/09/2024)
2024-01-0933Memorandum in opposition to re 30 Motion for Summary Judgment,,,,,, filed by UNITED STATES DEPARTMENT OF JUSTICE. (Attachments: # 1 Statement of Facts, # 2 Text of Proposed Order)(Schreiber, Alexander) (Entered: 01/09/2024)
2024-01-1134Consent MOTION for Extension of Time to File Reply Brief by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Attachments: # 1 Text of Proposed Order)(Sumar, Al-Amyn) (Entered: 01/11/2024)
2024-01-11MINUTE ORDER: The Court ORDERS that: 1) The Consent 34 Motion for Extension of Time is GRANTED; and 2) Plaintiffs shall file their Reply by February 6, 2024. So ORDERED by Chief Judge James E. Boasberg on 1/11/2024. (lcjeb4) (Entered: 01/11/2024)
2024-01-11Set/Reset Deadlines: Replies due by 2/6/2024. (znbn) (Entered: 01/11/2024)
2024-02-0635REPLY to opposition to motion re 30 Cross MOTION for Summary Judgment filed by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE. (Sumar, Al-Amyn) (Entered: 02/06/2024)
2024-02-2336NOTICE OF SUPPLEMENTAL AUTHORITY by NEW YORK TIMES COMPANY, CHARLIE SAVAGE, SCOTT SHANE (Attachments: # 1 Exhibit Weinsheimer Letter)(Sumar, Al-Amyn) (Entered: 02/23/2024)
2024-03-1237RESPONSE re 36 NOTICE OF SUPPLEMENTAL AUTHORITY filed by UNITED STATES DEPARTMENT OF JUSTICE. (Schreiber, Alexander) (Entered: 03/12/2024)
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