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Case TitleThe New York Times Company et al v. Department of Transportation
DistrictSouthern District of New York
CityFoley Square
Case Number1:2017cv07510
Date Filed2017-10-02
Date Closed2018-02-05
JudgeJudge P. Kevin Castel
PlaintiffThe New York Times Company
PlaintiffBenjamin Protess
Case DescriptionReporter Benjamin Protess of the New York Times submitted a FOIA request to the Department of Transportation for records concerning two high-speed railroad proposals. The agency acknowledged receipt of the request. Protess later contacted the agency to inquire about its status and the agency told him it was being processed. After hearing nothing further from the agency, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Transportation
DefendantDepartment of Transportation
TERMINATED: 02/05/2018
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2017-10-021COMPLAINT against Department of Transportation. (Filing Fee $ 400.00, Receipt Number 0208-14194468)Document filed by The New York Times Company, Benjamin Protess.(McCraw, David) (Entered: 10/02/2017)
2017-10-022CIVIL COVER SHEET filed. (McCraw, David) (Entered: 10/02/2017)
2017-10-023RULE 7.1 CORPORATE DISCLOSURE STATEMENT. Identifying Corporate Parent Grupo Financiero Inbursa, S.A.B. de C.V. for The New York Times Company. Document filed by The New York Times Company.(McCraw, David) (Entered: 10/02/2017)
2017-10-024REQUEST FOR ISSUANCE OF SUMMONS as to Department of Transportation, re: 1 Complaint. Document filed by Benjamin Protess, The New York Times Company. (McCraw, David) (Entered: 10/02/2017)
2017-10-03CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge P. Kevin Castel. 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 . (vf) (Entered: 10/03/2017)
2017-10-03Magistrate Judge Barbara C. Moses 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 . (vf) (Entered: 10/03/2017)
2017-10-03Case Designated ECF. (vf) (Entered: 10/03/2017)
2017-10-035ELECTRONIC SUMMONS ISSUED as to Department of Transportation. (vf) (Entered: 10/03/2017)
2017-10-036ORDER INITIAL PRETRIAL CONFERENCE: Initial Conference set for 12/1/2017 at 12:00 PM in Courtroom 11D, 500 Pearl Street, New York, NY 10007 before Judge P. Kevin Castel. (As further set forth in this Order.) (Signed by Judge P. Kevin Castel on 10/3/2017) (cf) (Entered: 10/03/2017)
2017-10-177NOTICE OF APPEARANCE by Peter Max Aronoff on behalf of Department of Transportation. (Aronoff, Peter) (Entered: 10/17/2017)
2017-11-218CONSENT LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Peter Aronoff dated 11/21/2017., CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge P. Kevin Castel from Peter Aronoff dated 11/21/2017. Document filed by Department of Transportation.(Aronoff, Peter) (Entered: 11/21/2017)
2017-11-279ORDER granting 8 Letter Motion to Adjourn Conference; granting 8 Letter Motion for Extension of Time to Answer. Time to answer extended to December 18, 2017. Conference Adjourned From: December 1, 2017 To: Jan. 2, 2018 at 12 pm. (Initial Conference set for 1/2/2018 at 12:00 PM before Judge P. Kevin Castel.) Department of Transportation answer due 12/18/2017 (Signed by Judge P. Kevin Castel on 11/22/2017) (cf) (Entered: 11/28/2017)
2017-12-1410CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge P. Kevin Castel from Peter Aronoff dated 12/14/2017., CONSENT LETTER MOTION to Adjourn Conference previously scheduled for January 2, 2018 addressed to Judge P. Kevin Castel from Peter Aronoff dated 12/14/2017. Document filed by Department of Transportation.(Aronoff, Peter) (Entered: 12/14/2017)
2017-12-2711ORDER granting 10 CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge P. Kevin Castel from Peter Aronoff dated 12/14/2017. CONSENT LETTER MOTION to Adjourn Conference previously scheduled for January 2, 2018 addressed to Judge P. Kevin Castel from Peter Aronoff dated 12/14/2017. Document filed by Department of Transportation. Defendant's time to answer or otherwise respond to the complaint adjourned until January 8, 2018. Conference adjourned from January 2, 2018 to January 22, 2018 at 11:45 a.m. So ordered. Department of Transportation answer due 1/8/2018; (Initial Conference set for 1/22/2018 at 11:45 AM before Judge P. Kevin Castel). (Signed by Judge P. Kevin Castel on 12/15/2017) (rjm) (Entered: 12/28/2017)
2018-01-0512CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint until January 19, 2018 addressed to Judge P. Kevin Castel from Peter Aronoff dated 1/5/2018. Document filed by Department of Transportation.(Aronoff, Peter) (Entered: 01/05/2018)
2018-01-0513ORDER granting 12 Letter Motion for Extension of Time to Answer. Application granted. Department of Transportation answer due 1/19/2018 (Signed by Judge P. Kevin Castel on 1/5/2018) (cf) (Entered: 01/08/2018)
2018-01-1214JOINT LETTER addressed to Judge P. Kevin Castel from Peter Aronoff dated 1/12/2018 re: case background pursuant to Court's scheduling order, Dkt. No. 6. Document filed by Department of Transportation.(Aronoff, Peter) (Entered: 01/12/2018)
2018-01-1815CONSENT LETTER MOTION for Extension of Time to File Answer re: 1 Complaint addressed to Judge P. Kevin Castel from Peter Aronoff dated 1/18/2018., CONSENT LETTER MOTION to Adjourn Conference addressed to Judge P. Kevin Castel from Peter Aronoff dated 1/18/2018. Document filed by Department of Transportation.(Aronoff, Peter) (Entered: 01/18/2018)
2018-01-1916ORDER granting 15 Letter Motion for Extension of Time to Answer; granting 15 Letter Motion to Adjourn Conference. Time to answer or move extended to February 2, 2018. Conference adjourned from January 22 to Feb 23, 2018 at 2:15 p.m. Department of Transportation answer due 2/2/2018 (Initial Conference set for 2/23/2018 at 02:15 PM before Judge P. Kevin Castel.). (Signed by Judge P. Kevin Castel on 1/19/2018) (cf) (Entered: 01/19/2018)
2018-02-0217LETTER addressed to Judge P. Kevin Castel from Peter Aronoff dated 2/2/2018 re: notifying the court of dismissal. Document filed by Department of Transportation. (Attachments: # 1 Exhibit stipulation of dismissal)(Aronoff, Peter) (Entered: 02/02/2018)
2018-02-0518STIPULATION AND ORDER OF VOLUNTARY DISMISSAL: The above-captioned action is voluntarily dismissed with prejudice against defendant the United States Department of Transportation pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), with each side bearing its own fees and costs. (As further set forth in this Order.) The case is closed. February 23 conference is VACATED. Department of Transportation terminated. (Signed by Judge P. Kevin Castel on 2/5/2018) (cf) (Entered: 02/05/2018)
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