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Case TitleThe New York Times Company et al v. Customs and Border Protection
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv09017
Date Filed2019-09-27
Date Closed2020-12-22
JudgeMagistrate Judge James L. Cott
PlaintiffThe New York Times Company
PlaintiffCaitlin H. Dickerson
Case DescriptionNew York Times reporter Caitlin Dickerson submitted two FOIA requests to U.S. Customs and Border Protection. The first FOIA request asked for records sent by supervisors to staff in the El Paso sector concerning references to family separation and zero tolerance. The second FOIA request asked for the same types of records nationwide. Dickerson requested expedited processing and a fee waiver for both requests. The agency granted Dickerson's request for a fee waiver but denied her request for expedited processing. The agency subsequently told Dickerson that her nationwide request had been closed as being duplicative of an earlier request. The New York Times then filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantCustoms and Border Protection
DefendantCustoms and Border Protection
TERMINATED: 12/22/2020
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-09-271COMPLAINT against Customs and Border Protection. (Filing Fee $ 400.00, Receipt Number ANYSDC-17677438)Document filed by The New York Times Company, Caitlin Dickerson.(McCraw, David) (Entered: 09/27/2019)
2019-09-272CIVIL COVER SHEET filed. (McCraw, David) (Entered: 09/27/2019)
2019-09-273RULE 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: 09/27/2019)
2019-09-274REQUEST FOR ISSUANCE OF SUMMONS as to Customs and Border Protection, re: 1 Complaint. Document filed by Caitlin Dickerson, The New York Times Company. (McCraw, David) (Entered: 09/27/2019)
2019-09-275NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Caitlin Dickerson, The New York Times Company. (Green, Dana) (Entered: 09/27/2019)
2019-09-276NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Caitlin Dickerson, The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 09/27/2019)
2019-09-30***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Edward McCraw. The party information for the following party/parties has been modified: Caitlin Dickerson. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error;. (pc) (Entered: 09/30/2019)
2019-09-30***NOTICE TO ATTORNEY REGARDING CIVIL. CASE OPENING STATISTICAL ERROR CORRECTION: Notice to attorney David Edward McCraw. The following case opening statistical information was erroneously selected/entered: County code Albany; Fee Status code due (due);. The following correction(s) have been made to your case entry: the County code has been modified to New York; the Fee Status code has been modified to pd (paid);. (pc) (Entered: 09/30/2019)
2019-09-30CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Analisa Torres. 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 . (pc) (Entered: 09/30/2019)
2019-09-30Magistrate Judge James L. Cott 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 . (pc) (Entered: 09/30/2019)
2019-09-30Case Designated ECF. (pc) (Entered: 09/30/2019)
2019-09-307ELECTRONIC SUMMONS ISSUED as to Customs and Border Protection. (pc) (Entered: 09/30/2019)
2019-10-018INITIAL PRETRIAL CONFERENCE ORDER: Initial Conference set for 12/2/2019 at 11:40 AM in Courtroom 15D of the United States Courthouse, 500 Pearl Street, New York, NY 10007 before Judge Analisa Torres. (Signed by Judge Analisa Torres on 10/1/2019) (mro) (Entered: 10/01/2019)
2019-10-019ORDER: To conserve resources, to promote judicial efficiency, and in an effort to achieve a faster disposition of this matter, it is hereby ORDERED that the parties discuss whether they are willing to consent, under U.S.C. 636(c), to conducting all further proceedings before the assigned Magistrate Judge. (Signed by Judge Analisa Torres on 10/1/2019) (mro) (Entered: 10/01/2019)
2019-10-3010NOTICE OF APPEARANCE by Charles Salim Jacob on behalf of Customs and Border Protection. (Jacob, Charles) (Entered: 10/30/2019)
2019-11-0111CONSENT LETTER MOTION for Extension of Time to File Answer addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated November 1, 2019. Document filed by Customs and Border Protection.(Jacob, Charles) (Entered: 11/01/2019)
2019-11-0112ORDER granting 11 Letter Motion for Extension of Time to Answer. Application granted. The extension request to file an answer by November 20 is approved. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 11/01/2019)
2019-11-0413CONSENT TO JURISDICTION BY A US MAGISTRATE JUDGE by Customs and Border Protection, Caitlin H. Dickerson, The New York Times Company. (Case No Longer Referred to Magistrate Judge) CASE ASSIGNED to Magistrate Judge James L. Cott. (Signed by Judge Analisa Torres on 11/4/2019) (cf) (Entered: 11/04/2019)
2019-11-2014ANSWER to 1 Complaint. Document filed by Customs and Border Protection.(Jacob, Charles) (Entered: 11/20/2019)
2019-11-2115ORDER FOR CONFERENCE PURSUANT TO RULE 16: Initial Conference set for 12/10/2019 at 03:30 PM in Courtroom 21D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James L. Cott. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 11/21/2019) (jca) (Entered: 11/21/2019)
2019-12-0616JOINT LETTER addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated December 6, 2019 re: In Advance of Initial Conference. Document filed by Customs and Border Protection.(Jacob, Charles) (Entered: 12/06/2019)
2019-12-0617MEMO ENDORSEMENT on re: 16 Letter Advance of Initial Conference filed by Customs and Border Protection. ENDORSEMENT: 1.) The stipulation set forth in this letter are hereby "so ordered." 2.) The parties are directed to submit a joint status update letter by February 3, 2020. 3.) In light of the search protocols to which the parties have agreed, the Court does not believe a conference is necessary at this time. Accordingly, the December 10 conference is hereby cancelled. So Ordered. (Signed by Magistrate Judge James L. Cott on 12/6/19) (yv) (Entered: 12/09/2019)
2020-02-0318JOINT LETTER addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated February 3, 2020 re: Joint Status Report and Request for Endorsement of Stipulation. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 02/03/2020)
2020-02-0419MEMO ENDORSEMENT on re: 18 Letter filed by Customs and Border Protection. ENDORSEMENT: The parties are directed to provide a status update by February 18, 2020, including proposed next steps; and the Court hereby endorses the parties Stipulation that CBP shall not be required to review any additional records for responsiveness until agreed by the parties or ordered by the Court. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 2/4/2020) (jca) (Entered: 02/04/2020)
2020-02-1820JOINT LETTER addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated February 18, 2020 re: Joint Status Report. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 02/18/2020)
2020-02-1921MEMO ENDORSEMENT on re: 20 JOINT LETTER addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated February 18, 2020 re: Joint Status Report. Document filed by Customs and Border Protection. ENDORSEMENT: The request is granted. So ordered. (Signed by Magistrate Judge James L. Cott on 2/19/2020) (rjm) (Entered: 02/19/2020)
2020-02-2822JOINT LETTER addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated February 28, 2020 re: Joint Status Report. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 02/28/2020)
2020-03-0223MEMO ENDORSEMENT on re: 22 Letter filed by Customs and Border Protection. ENDORSEMENT: Application granted. For the future, requests of this kind should be made by letter-motion so the Court can rule by text-order. SO ORDERED. (Signed by Magistrate Judge James L. Cott on 3/2/2020) (rro) (Entered: 03/02/2020)
2020-04-2024JOINT LETTER MOTION for Extension of Time addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated April 20, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 04/20/2020)
2020-04-2025ORDER granting 24 Letter Motion for Extension of Time. Application granted. Next status report due April 30, 2020. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 04/20/2020)
2020-04-3026JOINT LETTER MOTION for Extension of Time and Status Update addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated April 30, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 04/30/2020)
2020-04-3027ORDER granting 26 Letter Motion for Extension of Time. Application granted. Next status report due May 20, 2020. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 04/30/2020)
2020-05-2028JOINT LETTER MOTION for Extension of Time and Status Update addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated May 20, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 05/20/2020)
2020-05-2029ORDER granting 28 Letter Motion for Extension of Time. Application granted. Next status report due July 15, 2020. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 05/20/2020)
2020-06-2630CONSENT LETTER MOTION for Extension of Time to Process Limited Subset of Records addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated June 27, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 06/26/2020)
2020-06-2631ORDER granting 30 Letter Motion for Extension of Time. Application granted, on consent. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 06/26/2020)
2020-07-1532JOINT LETTER MOTION for Extension of Time and Status Update addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated July 15, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 07/15/2020)
2020-07-1533ORDER granting 32 Letter Motion for Extension of Time. Application granted, on consent. Next status report due by September 15, 2020. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 07/15/2020)
2020-09-1534JOINT LETTER MOTION for Extension of Time and Status Update addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated September 15, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 09/15/2020)
2020-09-1535ORDER granting 34 Letter Motion for Extension of Time. Application granted, on consent. Next status report due by October 30, 2020. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 09/15/2020)
2020-10-3036JOINT LETTER MOTION for Extension of Time , Status Update, and Proposed Next Steps and Schedule addressed to Magistrate Judge James L. Cott from Charles S. Jacob dated October 30, 2020. Document filed by Customs and Border Protection..(Jacob, Charles) (Entered: 10/30/2020)
2020-10-3037ORDER granting 36 Letter Motion for Extension of Time. The proposed schedule is approved. (HEREBY ORDERED by Magistrate Judge James L. Cott)(Text Only Order) (Cott, James) (Entered: 10/30/2020)
2020-12-2238LETTER addressed to Magistrate Judge James L. Cott from David E. McCraw dated December 22, 2020 re: Status Update. Document filed by Caitlin H. Dickerson, The New York Times Company..(McCraw, David) (Entered: 12/22/2020)
2020-12-2239PROPOSED STIPULATION AND ORDER. Document filed by Caitlin H. Dickerson, The New York Times Company..(McCraw, David) (Entered: 12/22/2020)
2020-12-2240NOTICE OF APPEARANCE by Laura R. Handman on behalf of Caitlin H. Dickerson..(Handman, Laura) (Entered: 12/22/2020)
2020-12-2241STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between The New York Times Company and CBP, as follows: 1. CBP's productions resolve any and all claims that The New York Times now have or may hereinafter acquire against CBP or the United States of America (the "United States"), or any department, agency, officer, or employee of CBP and/or the United States, related to or arising out of the FOIA Requests. 2. The claims brought by The New York 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 New York Times and CBP 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 be of any force or effect. 4. Nothing in this Stipulation and Order affects, or shall be construed to affect, the rights of Plaintiff Caitlin H. Dickerson to pursue the further release of information or documents. SO ORDERED. Customs and Border Protection terminated. (Signed by Magistrate Judge James L. Cott on 12/22/2020) (kv) (Entered: 12/22/2020)
2020-12-2242MOTION for David E. McCraw to Withdraw as Attorney . Document filed by Caitlin H. Dickerson..(McCraw, David) (Entered: 12/22/2020)
2020-12-2243MOTION for Dana R. Green to Withdraw as Attorney . Document filed by Caitlin H. Dickerson..(Green, Dana) (Entered: 12/22/2020)
2020-12-2244MOTION for Alexandra Perloff-Giles to Withdraw as Attorney . Document filed by Caitlin H. Dickerson, The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 12/22/2020)
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