Case Detail

FOIA Project Annotation: A federal court in New York has ruled that the Department of Defense properly withheld large portions of the Ring Report, an investigation of charges as to whether Rear Admiral John Ring should be relieved of his command duties at Guantanamo Bay, under Exemption 1 (national security), Exemption 3 (other statutes), Exemption 5 (privileges), and Exemption 7(E) (investigative methods or techniques) in response to a FOIA request from New York Times reporter Carol Rosenberg. Ring was relieved of his command approximately one year after he assumed command. DOD disclosed a heavily redacted version of the report but re-processed the Ring Report and removed some of the redactions it made originally. Rosenberg argued that some portions redacted under Exemption 1 were not properly classified, particularly references to a drug deal. But District Court Judge George Daniels upheld those claims, noting the agency's declaration "explains that the 'drug deal' referred to in the Ring Report is a military slang term connoting 'the acquisition of material in a roundabout or unofficial manner,' rather than a reference to illegal or illicit activity by a servicemember. Thus, this phrase is related to 'military plans, weapons systems, or operations' within the meaning of Section 1.4(a) of the Executive Order." Daniels added that "therefore, the Court credits the Government's predictions about the potential national security implications of releasing additional information to the public." DOD cited 10 U.S.C. § 130b(a)(1), which allows the agency to withhold identifying information about members of the armed forces assigned to an overseas unit, as an Exemption 3 statute. Rosenberg argued that the agency's redactions under § 130b(a)(1) were too broad. But Daniels pointed out that "while Plaintiffs contend that those pages 'are entirely redacted under Exemption 3' it is clear from the face of the document that the Government is also applying Exemptions 1, 5, 6, and 7 to those portions of the Ring Report. In short, Plaintiffs have provided no reason to doubt the detailed and specific statements provided in the [agency's] declarations." Daniels agreed that the agency had shown that its deliberative process privilege claims were appropriate. As to the Exemption 7(E) claim, Daniels indicated that "the Government contends that the 'release of this information [about the physical security of the detention camps at Guantanamo Bay] would both enable circumvention of physical security measures at Guantanamo and consequentially result in the disclosure of classified information related to detention operations in a manner that would harm national security.' This information falls squarely within the purposes of Exemption 7(E)."
Issues: Exemption 1 - Harm to national security, Exemption 3 - Statutory prohibition of disclosure, Exemption 5 - Privileges - Deliberative process privilege - Deliberative, Exemption 5 - Privileges - Deliberative process privilege - Predecisional, Exemption 7(E) - Investigative methods or techniques

Date Filed	Doc #	Docket Text
2019-06-20	1	COMPLAINT against Department of Defense. (Filing Fee $ 400.00, Receipt Number ANYSDC-17116450)Document filed by The New York Times Company, Carol Rosenberg.(McCraw, David) (Entered: 06/20/2019)
2019-06-20	2	CIVIL COVER SHEET filed. (McCraw, David) (Entered: 06/20/2019)
2019-06-20	3	RULE 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: 06/20/2019)
2019-06-20	4	REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 1 Complaint. Document filed by Carol Rosenberg, The New York Times Company. (McCraw, David) (Entered: 06/20/2019)
2019-06-20	5	NOTICE OF APPEARANCE by Dana Robinson Green on behalf of Carol Rosenberg, The New York Times Company. (Green, Dana) (Entered: 06/20/2019)
2019-06-21		CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge George B. Daniels. 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: 06/21/2019)
2019-06-21		Magistrate 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: 06/21/2019)
2019-06-21		Case Designated ECF. (pc) (Entered: 06/21/2019)
2019-06-21	6	ELECTRONIC SUMMONS ISSUED as to Department of Defense. (pc) (Entered: 06/21/2019)
2019-06-24	7	INITIAL PRETRIAL CONFERENCE: Initial Conference set for 11/7/2019 at 09:30 AM in Courtroom 11A, 500 Pearl Street, New York, NY 10007 before Judge George B. Daniels, as further set forth in this order. (Signed by Judge George B. Daniels on 6/21/2019) (jwh) (Entered: 06/24/2019)
2019-07-18	8	NOTICE OF APPEARANCE by Talia Kraemer on behalf of Department of Defense. (Kraemer, Talia) (Entered: 07/18/2019)
2019-07-18	9	LETTER addressed to Judge George B. Daniels from Talia Kraemer dated 7/18/2019 re: Request for extension of time to respond to complaint. Document filed by Department of Defense.(Kraemer, Talia) (Entered: 07/18/2019)
2019-07-22	10	MEMO ENDORSEMENT on re: 9 Letter filed by Department of Defense. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 7/22/2019) Department of Defense answer due 8/2/2019. (ks) (Entered: 07/22/2019)
2019-08-02	11	ANSWER to 1 Complaint. Document filed by Department of Defense.(Kraemer, Talia) (Entered: 08/02/2019)
2019-10-23	12	NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of Carol Rosenberg, The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 10/23/2019)
2019-10-31	13	JOINT LETTER addressed to Judge George B. Daniels from Talia Kraemer dated Oct. 31, 2019 re: Initial Pretrial Conference. Document filed by Department of Defense.(Kraemer, Talia) (Entered: 10/31/2019)
2019-11-01	14	MEMO ENDORSEMENT on re: 13 Letter filed by Department of Defense. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 11/1/2019) (jwh) (Entered: 11/01/2019)
2019-12-05	15	JOINT LETTER addressed to Judge George B. Daniels from Alexandra Perloff-Giles dated 12/5/2019 re: Initial Pretrial Conference. Document filed by Carol Rosenberg, The New York Times Company.(Perloff-Giles, Alexandra) (Entered: 12/05/2019)
2019-12-06	16	MEMO ENDORSEMENT on re: 15 Letter filed by The New York Times Company, Carol Rosenberg. ENDORSEMENT: The initial pretrial conference is scheduled for February 20, 2020 at 9:30 a.m. (Initial Conference set for 2/20/2020 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 12/6/2019) (jwh) (Entered: 12/06/2019)
2020-01-28	17	JOINT LETTER addressed to Judge George B. Daniels from Alexandra Perloff-Giles dated January 28, 2020 re: The New York Times Co. et al. v. Dept of Defense, No. 19-cv- 05779 (GBD). Document filed by Carol Rosenberg, The New York Times Company.(Perloff-Giles, Alexandra) (Entered: 01/28/2020)
2020-01-30	18	MEMO ENDORSEMENT on re: 17 Letter, filed by The New York Times Company, Carol Rosenberg. ENDORSEMENT: The February 20, 2020 conference is adjourned to June 4, 2020 at 9:30 a.m. (Motions due by 3/18/2020. Cross Motions due by 4/17/2020. Responses due by 5/18/2020. Replies due by 6/1/2020. Initial Conference set for 6/4/2020 at 09:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/30/2020) (jwh) (Entered: 01/31/2020)
2020-03-12	19	NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Department of Defense..(Sun, Anthony) (Entered: 03/12/2020)
2020-03-16	20	CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated March 16, 2020. Document filed by Department of Defense. (Attachments: # 1 Text of Proposed Order).(Kraemer, Talia) (Entered: 03/16/2020)
2020-03-17	21	REVISED SCHEDULING ORDER granting 20 Letter Motion for Extension of Time. 1. Defendant's motion for summary judgment shall be due by April 1, 2020. 2. Plaintiffs' response and cross-motion for summary judgment shall be due byMay 1, 2020. 3. Defendant's response to Plaintiffs' cross-motion and reply in support of Defendant's motion shall be due by May 22, 2020. 4. Plaintiffs' reply shall be due by June 5, 2020. SO ORDERED. (Signed by Judge George B. Daniels on 3/17/2020) (kv) (Entered: 03/17/2020)
2020-03-17		Set/Reset Deadlines: Cross Motions due by 5/1/2020. Motions due by 4/1/2020. Responses due by 5/22/2020 Replies due by 6/5/2020. (kv) (Entered: 03/17/2020)
2020-03-26	22	CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated March 26, 2020. Document filed by Department of Defense..(Kraemer, Talia) (Entered: 03/26/2020)
2020-03-30	23	ORDER granting 22 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 3/30/2020) (jwh) (Entered: 03/30/2020)
2020-03-30		Set/Reset Deadlines: Motions due by 5/1/2020. (jwh) (Entered: 03/30/2020)
2020-04-17	24	CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated 4/17/2020. Document filed by Department of Defense..(Kraemer, Talia) (Entered: 04/17/2020)
2020-04-20	25	ORDER granting 24 Letter Motion for Extension of Time. SO ORDERED. (Signed by Judge George B. Daniels on 4/20/2020) (ks) (Entered: 04/20/2020)
2020-05-14	26	LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from Talia Kraemer dated May 14, 2020. Document filed by Department of Defense..(Kraemer, Talia) (Entered: 05/14/2020)
2020-05-18	27	ORDER granting 26 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 5/18/2020) (jwh) (Entered: 05/18/2020)
2020-06-01	28	ORDER: The June 4, 2020 pretrial conference is adjourned to July 23, 2020 at 9:30 a.m. Initial Conference set for 7/23/2020 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 6/1/2020) (mro) (Entered: 06/01/2020)
2020-06-12	29	LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 6/12/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 06/12/2020)
2020-06-15	30	ORDER granting 29 Letter Motion for Extension of Time: SO ORDERED. (Brief due by 8/1/2020.) (Signed by Judge George B. Daniels on 6/15/2020) (jwh) (Entered: 06/16/2020)
2020-07-13	31	LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 7/13/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 07/13/2020)
2020-07-14	32	ORDER granting 31 LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 7/13/2020. Document filed by Department of Defense. So ordered. (Motions due by 9/1/2020). The following deadline(s) was terminated: Brief Deadline. (Signed by Judge George B. Daniels on 7/14/2020) (rjm) (Entered: 07/14/2020)
2020-07-14	33	ORDER :The July 23, 2020 initial conference is adjourned to November 19, 2020 at 9:30 a.m. Initial Conference set for 11/19/2020 at 09:30 AM before Judge George B. Daniels. (Signed by Judge George B. Daniels on 7/14/2020) (rj) (Entered: 07/14/2020)
2020-08-11	34	LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 8/11/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 08/11/2020)
2020-08-12	35	ORDER granting 34 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 8/12/2020) (jwh) (Entered: 08/12/2020)
2020-08-12		Set/Reset Deadlines: Motions due by 11/6/2020. Responses due by 11/16/2020. Replies due by 11/30/2020. (jwh) (Entered: 08/12/2020)
2020-10-07	36	CONSENT LETTER MOTION for Extension of Time addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 10/7/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/07/2020)
2020-10-08	37	ORDER granting 36 Letter Motion for Extension of Time: SO ORDERED. (Signed by Judge George B. Daniels on 10/8/2020) (jwh) (Entered: 10/08/2020)
2020-10-08		Set/Reset Deadlines: Motions due by 10/20/2020. Cross Motions due by 11/17/2020. Responses due by 11/30/2020. Replies due by 12/14/2020. (jwh) (Entered: 10/08/2020)
2020-10-20	38	CONSENT LETTER MOTION for Extension of Time to File signed declarations addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 10/20/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/20/2020)
2020-10-20	39	MOTION for Summary Judgment . Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/20/2020)
2020-10-20	40	DECLARATION of Anthony J. Sun in Support re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit A - Redacted Ring Report part 1, # 2 Exhibit A - A - Redacted Ring Report part 2).(Sun, Anthony) (Entered: 10/20/2020)
2020-10-20	41	MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment . . Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/20/2020)
2020-10-21	42	DECLARATION of Michael Droz in Support re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/21/2020)
2020-10-21	43	NOTICE of Classified Lodging re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense..(Sun, Anthony) (Entered: 10/21/2020)
2020-11-12	44	LETTER addressed to Judge George B. Daniels from AUSA Anthony J. Sun dated 11/12/2020 re: conf. scheduled for 11/19/2020. Document filed by Department of Defense..(Sun, Anthony) (Entered: 11/12/2020)
2020-11-16	45	NOTICE OF APPEARANCE by David A. Schulz on behalf of Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 11/16/2020)
2020-11-17	46	CROSS MOTION for Summary Judgment . Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 11/17/2020)
2020-11-17	47	MEMORANDUM OF LAW in Support re: 46 CROSS MOTION for Summary Judgment . . Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 11/17/2020)
2020-11-17	48	PROPOSED ORDER. Document filed by Carol Rosenberg, The New York Times Company. Related Document Number: 46 ..(Schulz, David) Proposed Order to be reviewed by Clerk's Office staff. (Entered: 11/17/2020)
2020-11-18		***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 48 Proposed Order was reviewed and approved as to form. (km) (Entered: 11/18/2020)
2020-11-18		***NOTICE TO COURT REGARDING PROPOSED ORDER. Document No. 48 Proposed Order was reviewed and approved as to form. (dt) (Entered: 11/18/2020)
2020-11-18	49	ORDER: The November 19, 2020 initial conference is cancelled. (Signed by Judge George B. Daniels on 11/17/2020) (cf) (Entered: 11/18/2020)
2020-11-23	50	NOTICE of Substitution of Attorney. Old Attorney: Alexandra Perloff-Giles, New Attorney: David Edward McCraw, Address: The New York Times Company, 620 Eighth Avenue, New York, NY, 10018, 212-556-4031. Document filed by Carol Rosenberg, The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 11/23/2020)
2020-11-30	51	DECLARATION of Michael Droz in Support re: 39 MOTION for Summary Judgment .. Document filed by Department of Defense. (Attachments: # 1 Exhibit A - reprocessed SC 110).(Sun, Anthony) (Entered: 11/30/2020)
2020-11-30	52	REPLY MEMORANDUM OF LAW in Support re: 39 MOTION for Summary Judgment . and in opposition to Plaintiffs' cross-motion . Document filed by Department of Defense..(Sun, Anthony) (Entered: 11/30/2020)
2020-12-09	53	CONSENT LETTER addressed to Judge George B. Daniels from David Schulz dated 12/9/2020 re: Plaintiffs Request for Additional Pages for Reply Memorandum. Document filed by Carol Rosenberg, The New York Times Company..(Crain, Charles) (Entered: 12/09/2020)
2020-12-10	54	MEMO ENDORSEMENT on re: 53 Letter. ENDORSEMENT: SO ORDERED. (Signed by Judge George B. Daniels on 12/10/2020) (jwh) (Entered: 12/10/2020)
2020-12-14	55	REPLY MEMORANDUM OF LAW in Support re: 46 CROSS MOTION for Summary Judgment . . Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 12/14/2020)
2021-01-05	56	ORDER: This Court will hear oral argument on Defendant's Motion for Summary Judgment, (ECF No. 39), and Plaintiffs' Cross Motion for Summary Judgment, (ECF No. 46), on April 8, 2021, at 10:30 a.m. (Oral Argument set for 4/8/2021 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 1/5/2021) (jwh) (Entered: 01/05/2021)
2021-03-28	57	LETTER addressed to Judge George B. Daniels from David A. Schulz dated March 29, 2021 re: Law student intern appearance application. Document filed by Carol Rosenberg, The New York Times Company. (Attachments: # 1 Supplement Combined consent forms for law student appearance).(Schulz, David) (Entered: 03/28/2021)
2021-03-29	58	ORDER: The April 8, 2021 oral argument is adjourned to May 6, 2021 at 11:00 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 3/29/2021) ( Oral Argument set for 5/6/2021 at 11:00 AM before Judge George B. Daniels.) (ks) (Entered: 03/29/2021)
2021-03-29	59	LETTER addressed to Judge George B. Daniels from David A. Schulz dated March 29, 2021 re: Request to reschedule oral argument. Document filed by Carol Rosenberg, The New York Times Company..(Schulz, David) (Entered: 03/29/2021)
2021-03-31	60	ORDER: The oral argument scheduled for May 6, 2021 is adjourned to June 10, 2021 at 10:30 a.m. SO ORDERED. (Signed by Judge George B. Daniels on 3/31/2021) ( Oral Argument set for 6/10/2021 at 10:30 AM before Judge George B. Daniels.) (ks) (Entered: 03/31/2021)
2021-03-31	61	MEMO ENDORSEMENT on LAW STUDENT INTERN APPEARANCE FORM on re: 57 Letter, filed by The New York Times Company, Carol Rosenberg ENDORSEMENT: I authorized this student: (a) to appear in court or other proceedings on behalf of the above client, and (b) to prepare documents on behalf of the above client. (Signed by Judge George B. Daniels on 3/31/2021) (ks) (Entered: 03/31/2021)
2021-06-08	62	ORDER: The oral argument scheduled to occur on June 10, 2021 at 10:30 a.m. shall occur as a videoconference using the Microsoft Teams platform. To optimize the quality of the video feed, only the Court and counsel for each party will appear by video for the proceeding; all others will participate by telephone. Due to the limited capacity of the Microsoft Teams system, only one counsel per party may participate. Co-counsel, members of the press, and the public may access the audio feed of the conference by calling (917) 933-2166 and entering the conference ID 594 897 994#. ( Oral Argument set for 6/10/2021 at 10:30 AM before Judge George B. Daniels.) (Signed by Judge George B. Daniels on 6/8/2021) (mro) (Entered: 06/08/2021)
2021-08-25	63	MEMORANDUM DECISION AND ORDER re: 46 CROSS MOTION for Summary Judgment . filed by The New York Times Company, Carol Rosenberg, 39 MOTION for Summary Judgment . filed by Department of Defense. Defendant's motion for summary judgment dismissing Plaintiffs' claims, (ECF No. 39), is GRANTED. PLaintiffs' cross-motion for summary judgment, (ECF No. 46), is DENIED. The Clerk of Court is directed to close the motions and case accordingly. (Signed by Judge George B. Daniels on 8/25/2021) (ate) (Entered: 08/25/2021)
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