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Case TitleThe New York Times Company et al v. United States Central Command
DistrictSouthern District of New York
CityFoley Square
Case Number1:2021cv08297
Date Filed2021-10-07
Date Closed2022-08-08
JudgeJudge Lorna G. Schofield
PlaintiffThe New York Times Company
PlaintiffCharlie Savage
Case DescriptionThe New York Times submitted a FOIA request to U.S. Central Command for records concerning the aerial footage of the August 29, 2021, drone strike in Kabul. The agency acknowledged receipt of the request but after hearing nothing further from the agency, the New York Times Company filed suit.
Complaint issues: Failure to respond within statutory time limit, Adequacy - Search, Litigation - Attorney's fees

DefendantUnited States Central Command
Documents
Docket
Complaint
Opinion/Order [27]
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2021-10-071COMPLAINT against United States Central Command. (Filing Fee $ 402.00, Receipt Number ANYSDC-25167040)Document filed by The New York Times Company, Charlie Savage..(McCraw, David) (Entered: 10/07/2021)
2021-10-072CIVIL COVER SHEET filed..(McCraw, David) (Entered: 10/07/2021)
2021-10-073REQUEST FOR ISSUANCE OF SUMMONS as to United States Central Command, re: 1 Complaint. Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 10/07/2021)
2021-10-074RULE 7.1 CORPORATE DISCLOSURE STATEMENT. No Corporate Parent. Document filed by The New York Times Company..(McCraw, David) (Entered: 10/07/2021)
2021-10-08CASE OPENING INITIAL ASSIGNMENT NOTICE: The above-entitled action is assigned to Judge Lorna G. Schofield. 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 . .(vf) (Entered: 10/08/2021)
2021-10-08Magistrate Judge Katharine H. Parker 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 . (vf) (Entered: 10/08/2021)
2021-10-08Case Designated ECF. (vf) (Entered: 10/08/2021)
2021-10-085ELECTRONIC SUMMONS ISSUED as to United States Central Command. (vf) (Entered: 10/08/2021)
2021-10-186ORDER: This case has been assigned to me for all purposes. It is hereby ORDERED that a telephonic conference will be held on December 9, 2021 at 10:30a.m. The parties shall call (888) 363-4749 and enter the access code 558-3333. The telephonic conference is public, and the time of the conference is approximate, but the parties shall be ready to proceed by that time. All pretrial conferences must be attended by the attorney who will serve as principal trial counsel. The parties shall ensure they are all dialed into the conference call by the appointed conference time, as further set forth. DATE AND TIME OF TELEPHONIC CONFERENCE: December 9, 2021 at 10:30a.m. IPTC MATERIALS DUE: December 2, 2021 at noon. (Telephone Conference set for 12/9/2021 at 10:30 AM before Judge Lorna G. Schofield. Initial Conference set for 12/9/2021 at 10:30 AM before Judge Lorna G. Schofield.) (Signed by Judge Lorna G. Schofield on 10/18/2021) (mml) (Entered: 10/18/2021)
2021-10-207CERTIFICATE OF SERVICE. United States Central Command served on 10/12/2021, answer due 11/2/2021. Service was made by EMAIL. Document filed by The New York Times Company; Charlie Savage., CERTIFICATE OF SERVICE of Order & Court's Individual Rules served on United States Central Command on 10/19/2021. Service was made by EMAIL. Document filed by The New York Times Company; Charlie Savage..(McCraw, David) (Entered: 10/20/2021)
2021-10-278NOTICE OF APPEARANCE by Sarah Sheive Normand on behalf of United States Central Command..(Normand, Sarah) (Entered: 10/27/2021)
2021-11-109ANSWER to 1 Complaint. Document filed by United States Central Command..(Normand, Sarah) (Entered: 11/10/2021)
2021-12-0210LETTER addressed to Judge Lorna G. Schofield from David McCraw dated December 2, 2021 re: joint status update. Document filed by The New York Times Company..(McCraw, David) (Entered: 12/02/2021)
2021-12-0311MEMO ENDORSEMENT on re: 10 Letter filed by The New York Times Company. ENDORSEMENT: Application GRANTED. The initial conference scheduled for December 9, 2021, is CANCELLED. The proposed dates are so ordered. The parties shall file a status letter, including any proposed summary judgment briefing schedule, by January 21, 2022. SO ORDERED. (Signed by Judge Lorna G. Schofield on 12/3/2021) (jca) (Entered: 12/03/2021)
2022-01-0612LETTER MOTION for Extension of Time to make final processing determination under FOIA addressed to Judge Lorna G. Schofield from AUSA Sarah S. Normand dated January 6, 2022. Document filed by United States Central Command..(Normand, Sarah) (Entered: 01/06/2022)
2022-01-1213SECOND LETTER MOTION for Extension of Time for CENTCOM to make final determination under FOIA addressed to Judge Lorna G. Schofield from AUSA Sarah S. Normand dated January 12, 2022. Document filed by United States Central Command..(Normand, Sarah) (Entered: 01/12/2022)
2022-01-1314ORDER granting 13 Letter Motion for Extension of Time. Application GRANTED. CENTCOM'S deadline to make a final determination is extended to January 18, 2022. So Ordered. (Signed by Judge Lorna G. Schofield on 1/13/2022) (mml) (Entered: 01/13/2022)
2022-01-2015LETTER MOTION for Extension of Time addressed to Judge Lorna G. Schofield from David McCraw dated Jan. 20, 2022. Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 01/20/2022)
2022-01-2016ORDER granting 15 Letter Motion for Extension of Time. Application GRANTED. The proposed dates in this letter are so ordered. By February 4, 2022, the parties shall file a status letter, including any proposed summary judgment briefing schedule. (Signed by Judge Lorna G. Schofield on 1/20/2022) (mml) (Entered: 01/20/2022)
2022-02-0417STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 02/04/2022)
2022-02-0718MEMO ENDORSEMENT on re: 17 Status Report filed by United States Central Command. ENDORSEMENT: Application GRANTED. The parties shall file a status letter, including any proposed summary judgment briefing schedule, by March 7, 2022. (Signed by Judge Lorna G. Schofield on 2/7/2022) (mml) (Entered: 02/07/2022)
2022-02-2319NOTICE OF APPEARANCE by Sum Yi Jessica Hui on behalf of Charlie Savage, The New York Times Company..(Hui, Sum Yi Jessica) (Entered: 02/23/2022)
2022-03-0720STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 03/07/2022)
2022-03-0821MEMO ENDORSEMENT on re: 20 Status Report filed by United States Central Command ENDORSEMENT: Application GRANTED. The parties shall file a status letter, including any proposed summary judgment briefing schedule, by March 21, 2022. (Signed by Judge Lorna G. Schofield on 3/8/2022) (ks) (Entered: 03/08/2022)
2022-03-2122STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 03/21/2022)
2022-03-2323MEMO ENDORSEMENT on re: 22 Status Report filed by United States Central Command. ENDORSEMENT: Application GRANTED. The parties shall file a status letter by April 8, 2022. (Signed by Judge Lorna G. Schofield on 3/23/2022) (rro) (Entered: 03/23/2022)
2022-04-0824STATUS REPORT. Document filed by United States Central Command..(Normand, Sarah) (Entered: 04/08/2022)
2022-04-1125MEMO ENDORSEMENT on re: 24 Status Report filed by United States Central Command. ENDORSEMENT: Application GRANTED. The parties shall file a status letter by April 22, 2022. (Signed by Judge Lorna G. Schofield on 4/11/2022) (mml) (Entered: 04/11/2022)
2022-04-2026STATUS REPORT. Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 04/20/2022)
2022-04-2127ORDER re: 26 Status Report filed by The New York Times Company, Charlie Savage. Application GRANTED. The parties shall file a status letter by August 5, 2022. (Signed by Judge Lorna G. Schofield on 4/21/2022) (kv) (Entered: 04/21/2022)
2022-08-0528JOINT LETTER addressed to Judge Lorna G. Schofield from David McCraw dated August 5, 2022 Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 08/05/2022)
2022-08-0529PROPOSED STIPULATION AND ORDER. Document filed by Charlie Savage, The New York Times Company..(McCraw, David) (Entered: 08/05/2022)
2022-08-0830STIPULATION AND ORDER OF DISMISSAL: IT IS HEREBY STIPULATED, by and between the parties, as follows: 1.CENTCOM's production and final determination resolve any and all claims that The Times now has or may hereinafter acquire against CENTCOM or the United States of America (United States), or any department, agency, officer, or employee of CENTCOM and/or the United States, related to or arising out of this FOIA request. 2. The claims brought by The Times are hereby dismissed with prejudice pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii), 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 have any force or effect. 4. Nothing in this Stipulation and Order affects, or shall be construed to affect, the rights of The Times to pursue further release of information or documents from CENTCOM through other FOIA requests. SO ORDERED. (Signed by Judge Lorna G. Schofield on 8/8/2022) (jca) (Entered: 08/08/2022)
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