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Case TitleThe New York Times Company v. Department of Defense et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2019cv09821
Date Filed2019-10-24
Date ClosedOpen
JudgeJudge Vernon S. Broderick
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted FOIA requests to a number of components of the Department of Defense as well as the Office of the Director of National Intelligence for records pertaining to Appendix M of the Army Field Manual, which limits the use of torture in interrogation. The New York Times also requested a fee waiver. The agencies acknowledged receipt of the requests. After hearing nothing further from the agencies, the New York Times filed suit.
Complaint issues: Failure to respond within statutory time limit, Litigation - Attorney's fees

DefendantDepartment of Defense
DefendantOffice of the Director of National Intelligence
Documents
Docket
Complaint
Opinion/Order [65]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2019-10-241FILING ERROR - DEFICIENT PLEADING - SIGNATURE ERROR - COMPLAINT against Department of Defense, Office of the Director of National Intelligence. (Filing Fee $ 400.00, Receipt Number ANYSDC-17827342)Document filed by The New York Times Company.(McCraw, David) Modified on 10/24/2019 (jgo). (Entered: 10/24/2019)
2019-10-242RULE 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: 10/24/2019)
2019-10-243CIVIL COVER SHEET filed. (McCraw, David) (Entered: 10/24/2019)
2019-10-244COMPLAINT against Department of Defense, Office of the Director of National Intelligence. Document filed by The New York Times Company.(McCraw, David) (Entered: 10/24/2019)
2019-10-245REQUEST FOR ISSUANCE OF SUMMONS as to Department of Defense, re: 4 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 10/24/2019)
2019-10-246REQUEST FOR ISSUANCE OF SUMMONS as to Office of the Director of National Intelligence, re: 4 Complaint. Document filed by The New York Times Company. (McCraw, David) (Entered: 10/24/2019)
2019-10-247NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of The New York Times Company. (Perloff-Giles, Alexandra) (Entered: 10/24/2019)
2019-10-25CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Vernon S. Broderick. 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 . (jgo) (Entered: 10/25/2019)
2019-10-25Magistrate Judge Sarah L. Cave 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 . (jgo) (Entered: 10/25/2019)
2019-10-25Case Designated ECF. (jgo) (Entered: 10/25/2019)
2019-10-258ELECTRONIC SUMMONS ISSUED as to Department of Defense. (jgo) (Entered: 10/25/2019)
2019-10-259ELECTRONIC SUMMONS ISSUED as to Office of the Director of National Intelligence. (jgo) (Entered: 10/25/2019)
2019-11-2210NOTICE OF APPEARANCE by Anthony Jan-Huan Sun on behalf of Department of Defense, Office of the Director of National Intelligence. (Sun, Anthony) (Entered: 11/22/2019)
2019-11-2511CONSENT LETTER MOTION for Extension of Time to File Answer re: 4 Complaint addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 11/25/2019. Document filed by Department of Defense, Office of the Director of National Intelligence.(Sun, Anthony) (Entered: 11/25/2019)
2019-11-2612ORDER granting 11 Letter Motion for Extension of Time to Answer: APPLICATION GRANTED. (Department of Defense answer due 12/20/2019; Office of the Director of National Intelligence answer due 12/20/2019.) (Signed by Judge Vernon S. Broderick on 11/26/2019) (jwh) (Entered: 11/26/2019)
2019-12-2013ANSWER to 4 Complaint. Document filed by Department of Defense, Office of the Director of National Intelligence.(Sun, Anthony) (Entered: 12/20/2019)
2020-05-0614ORDER AND NOTICE OF INITIAL PRETRIAL CONFERENCE: It is hereby: ORDERED that, in light of the public health crisis, the Court will not be holding an initial pretrial conference. IT IS FURTHER ORDERED that, by May 14, 2020, the parties shall submit a joint letter, not to exceed three (3) pages, providing the following information in separate paragraphs as further set forth in this Order. IT IS FURTHER ORDERED that the parties also jointly submit to the Court a proposed case management plan and scheduling order. A template for the order is available at http://nysd.uscourts.gov/judge/Broderick. The status letter and the proposed case management plan should be filed electronically on ECF, consistent with Section 13.1 of the Court's Electronic Case Filing (ECF) Rules & Instructions, available at https://nysd.uscourts.gov/rules/ecf-relatedinstructions. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/6/20) (yv) (Entered: 05/06/2020)
2020-05-1415LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 5/14/2020 re: status update in lieu of initial pretrial conference. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 05/14/2020)
2020-05-1516MEMO ENDORSEMENT on re: 15 Letter, filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. The parties' are not required to file a proposed case management plan at this time. The parties are directed to file a letter with a status update in 90 days. (Signed by Judge Vernon S. Broderick on 5/15/2020) (rro) (Entered: 05/15/2020)
2020-08-1217LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 8/12/2020 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 08/12/2020)
2020-08-1618MEMO ENDORSEMENT on re: 17 Letter filed by Department of Defense, Office of the Director of National Intelligence. Requesting extension of time to submit a status report. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 8/16/2020) (js) (Entered: 08/17/2020)
2020-10-1619LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 10/16/2020 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 10/16/2020)
2020-11-2520LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 11/25/2020 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 11/25/2020)
2020-12-0121MEMO ENDORSEMENT on re: 20 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. (Signed by Judge Vernon S. Broderick on 11/30/2020) (cf) (Entered: 12/01/2020)
2021-01-2922LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 1/29/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 01/29/2021)
2021-02-0123MEMO ENDORSEMENT re: 22 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/1/2021) (nb) (Entered: 02/01/2021)
2021-03-0124LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 3/1/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 03/01/2021)
2021-03-0325MEMO ENDORSEMENT re: 24 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/3/2021) (nb) (Entered: 03/03/2021)
2021-04-3026LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 4/30/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 04/30/2021)
2021-05-0327MEMO ENDORSEMENT on re: 26 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. The parties are directed to propose production deadlines in the status update. SO ORDERED. (Signed by Judge Vernon S. Broderick on 5/3/2021) (kv) Modified on 5/3/2021 (kv). (Entered: 05/03/2021)
2021-06-3028LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 6/30/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 06/30/2021)
2021-07-0129MEMO ENDORSEMENT on re: 28 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. In the status update, the parties are directed to provide a general sense of when setting production deadlines will be feasible. (Signed by Judge Vernon S. Broderick on 7/1/2021) (va) (Entered: 07/02/2021)
2021-08-3130LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 8/31/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 08/31/2021)
2021-09-0131MEMO ENDORSEMENT on re: 30 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 9/1/2021) (jca) (Entered: 09/01/2021)
2021-09-3032LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 9/30/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 09/30/2021)
2021-10-0433MEMO ENDORSEMENT on re: 32 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: Although I am sympathetic to the impact that COVID-19 has had on the review and processing of these documents, this case has been pending for almost two years. DoD is directed to provide a proposed deadline for the Sample Production, as well as an update on parties progress on the remainder of the request, by on or before October 29, 2021. No further extensions will be granted barring extraordinary circumstances, including, among other things, providing details concerning the specific steps that have been taken to comply with this order from today up to October 29, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 10/4/2021) (tg) (Entered: 10/05/2021)
2021-10-2934LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 10/29/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 10/29/2021)
2021-11-0135MEMO ENDORSEMENT on re: 34 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: It is hereby ORDERED that the deadline for Sample Production is set on December 23, 2021. It is FURTHER ORDERED that the parties shall file a status report on their progress on the remainder of the request by November 30, 2021. SO ORDERED. (Signed by Judge Vernon S. Broderick on 11/1/2021) (kv) (Entered: 11/02/2021)
2021-11-3036LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 11/30/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 11/30/2021)
2021-12-0137MEMO ENDORSEMENT on re: 36 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/1/2021) (tg) (Entered: 12/01/2021)
2021-12-0738MOTION for Alexandra Perloff-Giles to Withdraw as Attorney . Document filed by The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 12/07/2021)
2021-12-0839MEMO ENDORSEMENT granting 38 Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Alexandra Perloff-Giles terminated. (Signed by Judge Vernon S. Broderick on 12/8/2021) (tg) (Entered: 12/08/2021)
2021-12-1040LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 12/10/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 12/10/2021)
2021-12-1341MEMO ENDORSEMENT on re: 40 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/13/2021) (kv) (Entered: 12/13/2021)
2021-12-1742LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 12/17/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 12/17/2021)
2021-12-2043MEMO ENDORSEMENT on re: 42 Letter filed by Department of Defense, Office of the Director of National Intelligence. the parties respectfully request that the Court permit the parties to submit a further status report on December 23, 2021, advising the Court of the parties progresson the remainder of the request. ENDORSEMENT: Application Granted. So Ordered. (Signed by Judge Vernon S. Broderick on 12/20/2021) (js) (Entered: 12/20/2021)
2021-12-2344LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 12/23/2021 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 12/23/2021)
2021-12-2745MEMO ENDORSEMENT on re: 44 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 12/27/2021) (kv) (Entered: 12/27/2021)
2022-01-1046LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 1/10/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 01/10/2022)
2022-01-1147MEMO ENDORSEMENT on re: 46 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 1/11/2022) (rro) (Entered: 01/11/2022)
2022-01-3148LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 1/31/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 01/31/2022)
2022-02-0149MEMO ENDORSEMENT on re: 48 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/1/2022) (jca) (Entered: 02/01/2022)
2022-02-1850LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 2/18/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 02/18/2022)
2022-02-2251MEMO ENDORSEMENT on re: 50 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 2/22/2022) (ks) (Entered: 02/22/2022)
2022-02-2352NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 02/23/2022)
2022-03-0753LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 3/7/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 03/07/2022)
2022-03-0854MEMO ENDORSEMENT on re: 53 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/8/2022) (kv) (Entered: 03/08/2022)
2022-03-1755JOINT LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 3/17/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 03/17/2022)
2022-03-1856MEMO ENDORSEMENT on re: 55 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/18/2022) (jca) (Entered: 03/18/2022)
2022-03-2557LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 3/25/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 03/25/2022)
2022-03-2858MEMO ENDORSEMENT on re: 57 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 3/28/2022) (vfr) (Entered: 03/28/2022)
2022-04-0159JOINT LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 4/1/2022 re: status update. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 04/01/2022)
2022-04-0460MEMO ENDORSEMENT on re: 59 Letter filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: APPLICATION GRANTED. Per Plaintiff's request, the parties' April 8, 2022 status letter should address, among other things, (1) whether NDRC or CENTCOM will review the remaining 2,273 files, (2) a specific date on which the files will be transferred from NDRC to CENTCOM, if necessary, and (3) a date by which DOD will complete its responsiveness review of these remaining files. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/4/2022) (kv) (Entered: 04/04/2022)
2022-04-0861STATUS REPORT. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 04/08/2022)
2022-04-1162MEMO ENDORSEMENT on re: 61 Status Report filed by Department of Defense, Office of the Director of National Intelligence ENDORSEMENT: APPLICATION GRANTED. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/11/2022) (ks) (Entered: 04/11/2022)
2022-04-1563LETTER addressed to Judge Vernon S. Broderick from David McCraw dated April 15, 2022 re: NYT's Production Rate Proposal. Document filed by The New York Times Company..(McCraw, David) (Entered: 04/15/2022)
2022-04-1564LETTER addressed to Judge Vernon S. Broderick from AUSA Anthony J. Sun dated 4/15/2022 re: proposed processing schedule. Document filed by Department of Defense. (Attachments: # 1 Affidavit of Evlyn Hearne).(Sun, Anthony) (Entered: 04/15/2022)
2022-04-2165ORDER: Accordingly, Defendants are ordered to review records for production at a rate of a minimum of 500 pages every 60 days, with the first production on June 24, 2022. The parties are further ordered to jointly file a status update on or before July 1, 2022, and every 60 days thereafter, addressing, among other things: (1) Defendants' processing rate, (2) Defendants' efforts to improve the processing rate, (3) a specific explanation for Defendants' failure, if any, to review at least 500 pages in the previous 60 days, and (4) the number of pages produced to Plaintiff. SO ORDERED. (Signed by Judge Vernon S. Broderick on 4/21/2022) (ks) (Entered: 04/21/2022)
2022-07-0166STATUS REPORT. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 07/01/2022)
2022-07-0567MEMO ENDORSEMENT on re: 66 Status Report filed by Department of Defense, Office of the Director of National Intelligence. ENDORSEMENT: The parties shall jointly file a status update on or before August 30, 2022. SO ORDERED. (Signed by Judge Vernon S. Broderick on 7/5/2022) (jca) (Entered: 07/05/2022)
2022-08-0868MOTION for S.Y. Jessica Hui to Withdraw as Attorney . Document filed by The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 08/08/2022)
2022-08-0969MEMO ENDORSEMENT on 68 granting Motion to Withdraw as Attorney. ENDORSEMENT: SO ORDERED. Attorney Sum Yi Jessica Hui terminated. (Signed by Judge Vernon S. Broderick on 8/09/2022) (ama) (Entered: 08/09/2022)
2022-08-3070STATUS REPORT. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 08/30/2022)
2022-11-0171STATUS REPORT. Document filed by Department of Defense, Office of the Director of National Intelligence..(Sun, Anthony) (Entered: 11/01/2022)
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