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Case TitleThe New York Times Company v. Department of Health and Human Services et al
DistrictSouthern District of New York
CityFoley Square
Case Number1:2020cv03704
Date Filed2020-05-13
Date Closed2020-07-24
JudgeJudge Jed S. Rakoff
PlaintiffThe New York Times Company
Case DescriptionThe New York Times submitted a FOIA request to the Department of Health and Human Services for records concerning all reports submitted to the agency pertaining to corona virus infections. The New York Times also requested expedited processing. The agency acknowledged receipt of the request. The Centers for Disease Control granted the New York Times' request for expedited processing. CDC told the Times that it would take time to gather all responsive records. 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 Health and Human Services
DefendantCenters for Disease Control and Prevention
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2020-05-131COMPLAINT against Centers for Disease Control and Prevention, Department of Health and Human Services. (Filing Fee $ 400.00, Receipt Number ANYSDC-19816970)Document filed by The New York Times Company..(McCraw, David) (Entered: 05/13/2020)
2020-05-132CIVIL COVER SHEET filed..(McCraw, David) (Entered: 05/13/2020)
2020-05-133RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 05/13/2020)
2020-05-134REQUEST FOR ISSUANCE OF SUMMONS as to Centers for Disease Control and Prevention, re: 1 Complaint. Document filed by The New York Times Company..(McCraw, David) (Entered: 05/13/2020)
2020-05-135REQUEST FOR ISSUANCE OF SUMMONS as to Department of Health and Human Services, re: 1 Complaint. Document filed by The New York Times Company..(McCraw, David) (Entered: 05/13/2020)
2020-05-136NOTICE OF APPEARANCE by Alexandra Perloff-Giles on behalf of The New York Times Company..(Perloff-Giles, Alexandra) (Entered: 05/13/2020)
2020-05-137NOTICE OF APPEARANCE by Cortelyou Churchill Kenney on behalf of The New York Times Company..(Kenney, Cortelyou) (Entered: 05/13/2020)
2020-05-14CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Jed S. Rakoff. 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 . .(jgo) (Entered: 05/14/2020)
2020-05-14Magistrate 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: https://nysd.uscourts.gov/sites/default/files/2018-06/AO-3.pdf ., Case No Longer Designated ECF. (jgo) (Entered: 05/14/2020)
2020-05-14Case Designated ECF. (jgo) (Entered: 05/14/2020)
2020-05-148ELECTRONIC SUMMONS ISSUED as to Centers for Disease Control and Prevention..(jgo) (Entered: 05/14/2020)
2020-05-149ELECTRONIC SUMMONS ISSUED as to Department of Health and Human Services..(jgo) (Entered: 05/14/2020)
2020-05-14NOTICE of Hearing: Telephonic Initial Conference set for 5/20/2020 at 11:00 AM before Judge Jed S. Rakoff. USA TOLL FREE DIAL IN:888-363-4735;International caller paid:215-446-3657;Access code:1086415..(tro) (Entered: 05/15/2020)
2020-05-1810NOTICE OF APPEARANCE by Natasha Waglow Teleanu on behalf of Centers for Disease Control and Prevention, Department of Health and Human Services..(Teleanu, Natasha) (Entered: 05/18/2020)
2020-05-20Minute Entry for proceedings held before Judge Jed S. Rakoff: Initial Pretrial Conference held on 5/20/2020, ( Telephone Conference set for 6/2/2020 at 11:00 AM before Judge Jed S. Rakoff.). (kgo) (Entered: 05/20/2020)
2020-06-01Set/Reset Hearings: The telephonic conference in this case has been moved from11:00 am to 3:00 pm. USA TOLL FREE DIAL IN: 888-363-4735 International caller paid: 215-446-3657 Access code: 1086415. Telephone Conference set for 6/2/2020 at 03:00 PM before Judge Jed S. Rakoff. (kgo) (Entered: 06/01/2020)
2020-06-02Minute Entry for proceedings held before Judge Jed S. Rakoff: Telephone Conference held on 6/2/2020. Present: counsel for both sides and a court reporter. (kgo) (Entered: 06/02/2020)
2020-06-1511ANSWER to 1 Complaint. Document filed by Centers for Disease Control and Prevention, Department of Health and Human Services..(Teleanu, Natasha) (Entered: 06/15/2020)
2020-07-2312PROPOSED STIPULATION AND ORDER. Document filed by Centers for Disease Control and Prevention, Department of Health and Human Services..(Teleanu, Natasha) (Entered: 07/23/2020)
2020-07-2413STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED AND AGREED, by and between the parties, as follows: 1. CDC's June 2, 2020 and June 16, 2020 productions fully resolve any and all claims that Plaintiff now has or may hereinafter acquire against Defendants or the United States of America (the "United States"), or any department, agency, officer, or employee of Defendants and/or the United States, related to or arising out of the FOIA Request. 2. This action is hereby dismissed with prejudice pursuant to Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure, with each party to bear its own fees and costs. 3. The parties 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. SO ORDERED. (Signed by Judge Jed S. Rakoff on 7/23/2020) (mml) (Entered: 07/24/2020)
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