| Date Filed | Doc # | Docket Text |
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| 2023-01-23 | 1 | COMPLAINT against United States Department of Defense. (Filing Fee $ 402.00, Receipt Number ANYSDC-27235105)Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 01/23/2023) |
| 2023-01-23 | 2 | CIVIL COVER SHEET filed..(McCraw, David) (Entered: 01/23/2023) |
| 2023-01-23 | 3 | FILING ERROR - DEFICIENT SUMMONS REQUEST As To - REQUEST FOR ISSUANCE OF SUMMONS as to United States Department of Defense, re: 1 Complaint. Document filed by The New York Times Company, Mark Walker.(McCraw, David) Modified on 1/24/2023 (sj). (Entered: 01/23/2023) |
| 2023-01-23 | 4 | RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 01/23/2023) |
| 2023-01-24 | | ***NOTICE TO ATTORNEY REGARDING PARTY MODIFICATION. Notice to attorney David Edward McCraw. The party information for the following party/parties has been modified: United States Department of Defense. The information for the party/parties has been modified for the following reason/reasons: party name contained a typographical error. (sj) (Entered: 01/24/2023) |
| 2023-01-24 | | CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jennifer L. Rochon. 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: 01/24/2023) |
| 2023-01-24 | | Magistrate 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: 01/24/2023) |
| 2023-01-24 | | Case Designated ECF. (sj) (Entered: 01/24/2023) |
| 2023-01-24 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Edward McCraw to RE-FILE Document No. The filing is deficient for the following reason(s): Party name as to whom the summons request is for must match exactly as pleading in docket entry and on PDF. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (sj) (Entered: 01/24/2023) |
| 2023-01-24 | 5 | FILING ERROR - DEFICIENT - SUMMONS REQUESTED - WRONG SUMMONS FORM - REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by The New York Times Company, Mark Walker..(McCraw, David) Modified on 1/25/2023 (vf). (Entered: 01/24/2023) |
| 2023-01-25 | 7 | ORDER 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, Plaintiffs shall promptly serve a copy of this Order on Defendant and file proof of such service. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 1/25/2023) (jca) (Entered: 01/25/2023) |
| 2023-01-25 | | ***DELETED DOCUMENT. Deleted document number 6 Electronic Summons Issued. The document was incorrectly filed in this case. (vf) (Entered: 01/25/2023) |
| 2023-01-25 | | ***NOTICE TO ATTORNEY REGARDING DEFICIENT REQUEST FOR ISSUANCE OF SUMMONS. Notice to Attorney David Edward McCraw to RE-FILE Document No. 5 Request for Issuance of Summons. The filing is deficient for the following reason(s): the form used for the summons is not the official A.O. FOIA Summons Form. Re-file the document using the event type Request for Issuance of Summons found under the event list Service of Process - select the correct filer/filers - and attach the correct summons form PDF. (vf) (Entered: 01/25/2023) |
| 2023-01-25 | 8 | REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 01/25/2023) |
| 2023-01-25 | 9 | ELECTRONIC SUMMONS ISSUED as to Department of Defense..(jgo) (Entered: 01/25/2023) |
| 2023-02-08 | 10 | LETTER addressed to Judge Jennifer L. Rochon from David E. McCraw dated February 8, 2023 re: Scheduling. Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 02/08/2023) |
| 2023-02-08 | 11 | MEMO ENDORSEMENT on re: 10 Letter filed by The New York Times Company, Mark Walker. ENDORSEMENT: Request GRANTED. The parties shall submit a joint letter on or before March 15, 2023. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 2/8/2023) (vfr) (Entered: 02/08/2023) |
| 2023-03-01 | 12 | ANSWER to 1 Complaint. Document filed by Department of Defense..(Barnea, Jean-David) (Entered: 03/01/2023) |
| 2023-03-15 | 13 | JOINT LETTER addressed to Judge Jennifer L. Rochon from David Farber dated 3/15/2023 re: Proposed Schedule for this Action. Document filed by Department of Defense..(Farber, David) (Entered: 03/15/2023) |
| 2023-03-16 | 14 | MEMO ENDORSEMENT on re: 13 Letter filed by Department of Defense. ENDORSEMENT Request GRANTED. The schedule proposed by the parties herein is so-ordered. SO ORDERED. (Motions due by 7/14/2023., Replies due by 9/1/2023., Responses due by 8/15/2023) (Signed by Judge Jennifer L. Rochon on 3/16/2023) (jca) (Entered: 03/16/2023) |
| 2023-06-14 | 15 | LETTER MOTION for Extension of Time for Briefing Schedule addressed to Judge Jennifer L. Rochon from David Farber dated 6/14/2023. Document filed by Department of Defense..(Farber, David) (Entered: 06/14/2023) |
| 2023-06-14 | 16 | ORDER granting 15 Letter Motion for Extension of Time. Request GRANTED. The briefing schedule is extended as underlined herein. (Signed by Judge Jennifer L. Rochon on 6/14/2023) (ate) (Entered: 06/14/2023) |
| 2023-06-14 | | Set/Reset Deadlines: Motions due by 6/30/2023. Responses due by 8/29/2023. Replies due by 9/15/2023. (ate) (Entered: 06/14/2023) |
| 2023-06-30 | 17 | MOTION for Summary Judgment . Document filed by Department of Defense. Responses due by 7/28/2023.(Farber, David) (Entered: 06/30/2023) |
| 2023-06-30 | 18 | MEMORANDUM OF LAW in Support re: 17 MOTION for Summary Judgment . . Document filed by Department of Defense..(Farber, David) (Entered: 06/30/2023) |
| 2023-06-30 | 19 | DECLARATION of Lt. Gen. James J. Mingus in Support re: 17 MOTION for Summary Judgment .. Document filed by Department of Defense..(Farber, David) (Entered: 06/30/2023) |
| 2023-06-30 | 20 | DECLARATION of Mark H. Herrington in Support re: 17 MOTION for Summary Judgment .. Document filed by Department of Defense..(Farber, David) (Entered: 06/30/2023) |
| 2023-07-27 | 21 | FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - STIPULATION OF VOLUNTARY DISMISSAL It is hereby stipulated and agreed by and between the parties and/or their respective counsel(s) that the above-captioned action is voluntarily dismissed, with prejudice against the defendant(s) Department of Defense and with costs pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure. Document filed by The New York Times Company, Mark Walker. Proposed document to be reviewed and processed by Clerk's Office staff (No action required by chambers). ..(McCraw, David) Modified on 7/28/2023 (km). (Entered: 07/27/2023) |
| 2023-07-28 | | ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - EVENT TYPE ERROR. Notice to Attorney David McCraw to RE-FILE Document 21 Stipulation of Voluntary Dismissal. Use the event type Proposed Orders, Proposed Stipulation and Order. (km) (Entered: 07/28/2023) |
| 2023-07-28 | 22 | PROPOSED STIPULATION AND ORDER. Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 07/28/2023) |
| 2023-07-28 | 23 | PROPOSED STIPULATION AND ORDER. Document filed by The New York Times Company, Mark Walker..(McCraw, David) (Entered: 07/28/2023) |
| 2023-07-28 | 24 | STIPULATION AND ORDER OF DISMISSAL IT IS HEREBY AGREED AND STIPULATED by and among Plaintiffs The New York Times Company and Mark Walker and Defendant United States Department of Defense ("DoD") that: 1.This action shall be dismissed with prejudice pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii), with each party to bear its own costs and fees. 2.Nothing in this Stipulation and Order affects, or shall be construed to affect, the rights of Plaintiffs to pursue further release of information or documents from DoD through other FOIA requests, in the event circumstances change. The Clerk of Court is respectfully directed to CLOSE the case. SO ORDERED. (Signed by Judge Jennifer L. Rochon on 7/28/2023) (jca) (Entered: 07/28/2023) |
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